27 results for 'judge:"Reiss"'.
J. Reiss denies, in part, a resident’s motion for summary judgment in this case where she accused a sergeant of excessive force during a physical altercation between them while she was detained in the police department. She filed claims of assault, battery, intentional infliction of emotional distress and negligence and violations of her Fourth and 14th Amendment rights. There is a dispute of facts as to the sergeant’s failure to use the department’s response to resistance policy, while a reasonable jury could find that the alleged use of force was extreme, and he did plead guilty to intentionally punching the resident. The chief’s motion for summary judgment is granted as to all claims because the resident failed to address his request for dismissal.
Court: USDC Vermont, Judge: Reiss, Filed On: May 3, 2024, Case #: 2:21cv291, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Police Misconduct
J. Reiss grants the bank’s motion to stay the action and refer to arbitration in this employment agreement dispute brought by a former executive president who says his assets had been converted. The court found the arbitration clause to be broad as to all disputes related to the employment agreement, and the arbitrator needs to decide the issues of arbitrability.
Court: USDC Vermont, Judge: Reiss, Filed On: April 29, 2024, Case #: 2:23cv274, NOS: Other Contract - Contract, Categories: Arbitration, Employment, Contract
J. Reiss denies a third-party investment company’s motion to reconsider the court’s order denying its motion to stay discovery in this negligence and contract dispute between Vermont’s financial regulation agency and an accounting firm. The investment company’s former managing member’s motion for reconsideration is granted, however, in seeking stay, the investment company and managing member failed to submit a copy of the criminal indictment that contained false financial statements in an insurer’s liquidation. The managing member’s request for adverse inference immunity is denied as moot. The accounting firm requested a motion to compel, but only the investment company is compelled to comply with the discovery schedule. Its request for attorney fees and cost are denied at this stage but, the court warns the investment company that further non-compliance may result in sanctions.
Court: USDC Vermont, Judge: Reiss, Filed On: April 26, 2024, Case #: 2:21cv273, NOS: Other Contract - Contract, Categories: Negligence, Discovery, Contract
J. Reiss denies, in part, a police officer’s motion for summary judgment in this case where he was accused of excessive force and failure to intervene when a physical altercation between a resident and a sergeant happened while the resident was detained inside the police department. She filed claims of assault, battery, intentional infliction of emotional distress and negligence and violations of her Fourth and 14th Amendment rights. There is a dispute of facts as to the officer’s failure to intervene involvement in the sergeant’s takedown, a reasonable jury could find that the alleged use of force was extreme, outrageous and intolerable. The claims regarding the officer’s failure to intervene as to the sergeant shoving and punching the woman are granted.
Court: USDC Vermont, Judge: Reiss, Filed On: April 26, 2024, Case #: 2:21cv291, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Police Misconduct
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Reiss dismisses claims contending police beat a 78-year-old man for stealing a police vehicle, which caused his death three weeks later, because state law claims were not timely served, and the action failed to indicate survivors suffered damage due to the man's death.
Court: USDC Western District of New York, Judge: Reiss, Filed On: March 11, 2024, Case #: 1:22cv186, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Civil Rights
J. Reiss denies a generic drug manufacturer's motion for summary judgment on its breach of contract claims against a drug developer over a licensing covenant for a transdermal rotigotine patch called Neupro. The covenant allows the developer to sue the generic manufacturer for infringement of new drug products developed after a specific date. Summary judgment on the generic manufacturer's request for a non-infringement declaration cannot be made until the covenant's meaning of "infringment analysis" is determined.
Court: USDC Vermont, Judge: Reiss, Filed On: March 8, 2024, Case #: 2:22cv216, NOS: Patent - Property Rights, Categories: Patent
J. Reiss grants the U.S. Postal Service’s motion to dismiss, for lack of subject matter jurisdiction, this personal injury clam brought by a contracted worker. The worker was injured while delivering mail and under Vermont Law the postal service is his statutory employer for workers’ compensation. The postal worker is granted leave to amend his complaint by Nov. 23, 2023.
Court: USDC Vermont, Judge: Reiss, Filed On: October 23, 2023, Case #: 2:22cv158, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Discovery, Workers' Compensation
J. Reiss grants Dairy Farmers of America's motion for summary judgment requesting the court to take judicial notice of prior litigations and news coverage of their activities. The class of farmers' motions and claims for allegedly conspiring to fix the prices of Grade A raw milk are denied but leave to file an amended complaint is granted.
Court: USDC Vermont, Judge: Reiss, Filed On: September 26, 2023, Case #: 2:22cv147, NOS: Antitrust - Other Suits, Categories: Agriculture, Antitrust, Discovery
J. Reiss grants in part and denies in part Old Navy's motion to exclude testimony from the individual's expert witness. Old Navy employees allegedly falsely accused the individual of shoplifting and stated he was acting as if he was under the influence of drugs or alcohol, for which the individual claimed discrimination and false detainment. While the expert's opinion that the individual suffers from PTSD is inadmissible, the remaining aspects of his opinion may be addressed with cross examination.
Court: USDC Vermont, Judge: Reiss, Filed On: August 21, 2023, Case #: 2:21cv155, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Experts
J. Reiss partially grants the individual's motion to exclude the resort's biomechanical engineering expert in a negligence action arising from injuries the individual suffered in a skiing accident. The individual fell while skiing and collided with the resort's snow-making equipment, rendering him a paraplegic. The expert may not give a causation opinion based on his qualitative analysis of the mechanisms of the individual's injuries. A computer model created by the expert to determine the possible force on the individual's spine during the collision is also excluded, as well as any opinions based on it. The individual's motion to exclude the expert's photogrammetric analysis is denied.
Court: USDC Vermont, Judge: Reiss, Filed On: July 27, 2023, Case #: 2:20cv165, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Experts
J. Reiss finds in favor of the commissioner in a fraud, conversion, breach of fiduciary duty and racketeering action against the company owner in the amount of $66 million. The commissioner's motion for entry of default was previously granted. The commissioner is entitled to $25 million in compensatory damages based on the owner's conversion and misappropriation of assets. The commissioner is also entitled to $25 million in damages on the fiduciary duty claim based on the owner's bad faith actions in profiting at the company's expense and he is entitled to treble damages on the RICO claim.
Court: USDC Vermont, Judge: Reiss, Filed On: July 21, 2023, Case #: 2:20cv173, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Damages, Racketeering
J. Reiss grants an insurance company's motion to dismiss the parents' wrongful death action alleging that the homeowner had loaded and unsecured firearms in her bedroom and was within the scope of her employment when their son accidentally killed himself with a pistol. The parents did not plausibly allege the homeowner's storing of the firearms was "conduct within the scope of her employment" or that a "special relationship" imposed a duty on the company to control her actions outside her employment.
Court: USDC Vermont, Judge: Reiss, Filed On: July 20, 2023, Case #: 2:22cv199, NOS: Other - Forfeiture/Penalty, Categories: Civil Procedure, Negligence, Wrongful Death