20 results for 'judge:"Wyrick"'.
J. Wyrick grants the government defendant's motion for summary judgment in this lawsuit brought by a former air traffic controller trainee alleging discrimination on the basis of race under Title VII. The former trainee, who was dismissed from the training program along with another classmate "for failing to achieve a passing grade," fails to establish a prima facie case of discrimination. She and the dismissed classmate sought reinstatement for "very different reasons," meaning they were not similarly situated.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: May 8, 2024, Case #: 5:20cv1161, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Wyrick grants two of the three dismissal motions in this lawsuit concerning "seven construction vehicles that did more idling than constructing." The purchaser of the vehicles asserts claims for negligence and breach of contract based on an alleged delay in their repairs. However, the complaint fails to establish the court's jurisdiction over one of the defendant companies, and it fails to plausibly state a claim against another.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: March 19, 2024, Case #: 5:23cv159, NOS: Other Contract - Contract, Categories: Warranty, Contract
J. Wyrick grants the government's dismissal motion in this lawsuit concerning an Occupational Safety and Health Administration final rule regarding "reporting requirements for injury and illness records." The trade associations challenge the rule's "reasonable reporting requirement and the anti-retaliation provision." However, they fail to establish associational standing. Accordingly, the suit is dismissed without prejudice.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: March 11, 2024, Case #: 5:17cv9, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Employment, Jurisdiction
J. Wyrick partially grants the defendant company's dismissal motion in this case stemming from the company's implementation of a Covid-19 vaccine mandate. The pro se plaintiff, who claims that he was terminated from his employment after objecting to the requirement, alleges religious discrimination against the company. However, his Title VII claim is dismissed with prejudice, and his state law claims are remanded to state court.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: February 26, 2024, Case #: 5:23cv497, NOS: Employment - Civil Rights, Categories: Health Care, Employment Discrimination
J. Wyrick grants the state and parole board defendants' motions to dismiss the Section 1983 claims in this case arising from three murders allegedly committed by an individual "just after being released from prison." The complaint contends that the individual was released prematurely due to a docketing error. However, the official-capacity claims are barred by the 11th Amendment. Further, the result of the alleged error "does not deprive the Parole Board members of the immunity they have been granted by law." Also, the court declines to exercise jurisdiction over the state law claims.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: February 22, 2024, Case #: 5:22cv958, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
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J. Wyrick grants the defendant employer's motion for summary judgment in this employment discrimination lawsuit asserting claims under the Americans with Disabilities Act and the Family and Medical Leave Act. There are no issues of fact precluding summary judgment for the employer. Specifically, the former employee fails to show that the reason given for his termination, which involved his alleged absenteeism, was pretext for discrimination.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: January 24, 2024, Case #: 5:22cv737, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Wyrick rules that the plaintiff truck driver is entitled to both compensatory and punitive damages in this lawsuit alleging that the defendant trucking company violated Section 1981 "by terminating his employment contract in part because of his race," as well as a state law claim for unpaid wages. The clerk previously entered default against the defendant company, which "filed no answer or other responsive pleading." The court concludes that punitive damages are warranted under the circumstances, based on the driver's "federally protected right to be free from racial discrimination."
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: October 5, 2023, Case #: 5:22cv583, NOS: Employment - Civil Rights, Categories: Employment, Damages, Employment Discrimination
J. Wyrick partially grants the United defendants' dismissal motion in this breach of contract lawsuit arising from a car accident and the plaintiff motorist's subsequent medical care. The plaintiff motorist, who underwent multiple fusion procedures after "months of conservative treatment," fails to establish personal jurisdiction over two of the United defendants, due to their lack of minimum contacts.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: September 29, 2023, Case #: 5:22cv878, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction
J. Wyrick grants the defendant company's summary judgment motion in this employment discrimination lawsuit brought by a former employee who alleges that her employment was terminated due to her age. The employee contends that her position was eliminated and she was not offered a new position, unlike two "substantially younger" employees. However, the company has given a non-discriminatory reason for her termination, and the employee fails to establish pretext.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: September 26, 2023, Case #: 5:22cv606, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Wyrick mostly denies the counterclaimants' motion for summary judgment in this dispute over insurance coverage for the loss of certain aircraft, which were not returned by the lessees after they allegedly stopped making lease payments. The leasing company argues that the insurer breached its insurance policy by failing to cover the loss of the aircraft. However, it is only entitled to summary judgment as to the "inapplicability of the wear and tear exclusion." Most of the other issues are subject to disputes of fact, which preclude summary judgment.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: September 1, 2023, Case #: 5:21cv510, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance, Contract
J. Wyrick partially grants the competing motions for summary judgment in this lawsuit alleging violations of the Fair Labor Standards Act. The employers "cannot rely on the outside-sales exemption" to avoid the Act's overtime-compensation requirement. They also lose the professional capacity exemption during the time that "improper deductions were made" for certain periods in 2021.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: May 12, 2023, Case #: 5:22cv90, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor