19 results for 'judge:"Sessions"'.
J. Sessions denies Monsanto, Bayer and two other companies’ motion to dismiss a misrepresentation claim brought by four teachers and a student, who say the companies’ polychlorinated biphenyls are contaminating school buildings, as well as a husband’s claim for loss of consortium due to his wife’s injuries. The ag giants are not entitled to dismissal because the plaintiffs plausibly alleged justifiable reliance on the companies’ representations.
Court: USDC Vermont, Judge: Sessions, Filed On: April 12, 2024, Case #: 2:23cv272, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Environment, Tort, Negligence
J. Sessions sustained and overruled, in part, an industrial acquisition and a bakery investment companies’ objection to fees and costs submissions brought by a class of workers’ regarding labor law violations. The attorneys sought higher than normal hourly fees and number of hours typically approved by the court and the fees shall be reduced. The parties’ statements are very vague for the fees and cost but shall submit a more in-depth revised statement within 30 days.
Court: USDC Vermont, Judge: Sessions, Filed On: March 26, 2024, Case #: 2:21cv120, NOS: Other Labor Litigation - Labor, Categories: Sanctions, Attorney Fees, Labor
J. Sessions grants, in part, a university’s motion to dismiss in this negligence lawsuit brought by four female students. The students allege they were sexually assaulted, drugged and raped by fellow students, and say the university, its board of directors and administrators failed to properly investigate or hold the assailants accountable. The students have plausibly alleged the post-assault deliberate indifference claims, prohibited retaliation under Title IX and due process, so those claims proceed.
Court: USDC Vermont, Judge: Sessions, Filed On: March 7, 2024, Case #: 2:22cv212, NOS: Other Civil Rights - Civil Rights, Categories: Education, Negligence, Assault
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[Consolidated.] J. Sessions entered a filing injunction against a pro se New York resident who has bothered the court with 20 frivolous suits in just two years. This order enjoins and prohibits him from filing suit regarding any matter again, unless given permission by the court by obtaining prior leave by the judge. If the filing does not show the court has jurisdiction or is otherwise barred, it will be rejected and docketed as a closed miscellaneous case.
Court: USDC Vermont, Judge: Sessions, Filed On: February 26, 2024, Case #: 2:23cv471, NOS: Other Civil Rights - Civil Rights, Categories: Sanctions, Jurisdiction, Injunction
J. Sessions grants two neighbors’ motion to dismiss nuisance and intrusion-upon-seclusion claims brought by a property owner. The property owner and his family are practicing Jews with many relatives on the property; they say the neighbors have filed complaints with the town zoning authority and the police department. He fails to state a claim for nuisance or intrusion upon seclusion.
Court: USDC Vermont, Judge: Sessions, Filed On: February 26, 2024, Case #: 2:23cv88, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Tort
J. Sessions grants a college and its current president’s motion to stay in this employment contract dispute brought by the former president alleging discrimination and retaliation. The college argues this case needs to go to arbitration on all claims as stated in the employment agreement. The college and its current president have met the burden that arbitration is needed and its inherent power to control the docket.
Court: USDC Vermont, Judge: Sessions, Filed On: January 3, 2024, Case #: 2:23cv393, NOS: Employment - Civil Rights, Categories: Arbitration, Employment, Contract
J. Sessions denies a nursing home’s motion for summary judgment in a disability discrimination claim of violation to the Fair Housing Act, Americans with Disabilities Act, Rehabilitation Act and Vermont Fair Housing and Public Accommodations Act. The nursing home denied the decedent admission due to a lack of space putting her on a waitlist; her daughter argues it was because of her mother’s mental illness. Considering all evidence, the jury could find fact and conclude the actions were in fact discrimination.
Court: USDC Vermont, Judge: Sessions III, Filed On: October 5, 2023, Case #: 2:20cv153, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Housing
J. Sessions partially grants a motion for summary judgment concerning a class of former employees’ worker adjustment and retraining liability question. There was no evidence of fraud, so the court rejects the defense of an “unforeseen business circumstance” exception. Defendants share liability for damages and the dissolution receiver is entitled to indemnification.
Court: USDC Vermont, Judge: Sessions, Filed On: August 23, 2023, Case #: 2:21cv120, NOS: Other Labor Litigation - Labor, Categories: Fraud, Class Action, Labor
J. Sessions allows liability experts for Black & Decker to provide testimony but excludes experts for plaintiff in claims contending a defective miter saw "jumped" during use, causing a 6-inch-deep laceration on plaintiff's forearm. The record does not indicate Black & Decker failed to comply with discovery orders, and one expert's testimony was based on his technical and specialized knowledge of the saw, while another expert was a safety assurance manager for the company. Meanwhile, whether plaintiff had been aware of additional safety clamps, and whether the absence of clamps caused injury, remains unclear.
Court: USDC Western District of New York, Judge: Sessions III, Filed On: July 7, 2023, Case #: 1:18cv486, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts
J. Sessions denies the company's motion to dismiss the nuisance case, where the school district alleges the company's polychlorinated biphenyls, or PCBs, are contaminating school buildings. The company is not entitled to dismissal based on the statute of limitations, and the school district sufficiently stated its nuisance and trespass claims.
Court: USDC Vermont, Judge: Sessions, Filed On: June 26, 2023, Case #: 2:22cv215, NOS: Torts to Land - Real Property, Categories: Civil Procedure, Environment, Tort