41 results for 'judge:"Young"'.
J. Young grants the city of Richmond's motion to dismiss. A group of three young women carpooled to a police brutality protest in the Summer of 2020. After the protest began escalating the trio attempted to leave but their car was stuck in standstill traffic. As they waited behind cars, protesters and police one of the three girls shouted "fuck twelve" to a group of officers. Unable to move due to the traffic the trio were stuck as a pair of officers approached their vehicle and spewed large quantities of pepper spray into the vehicles open window severely burning the women. The city is barred from the claims because they specifically tell their officers to never use pepper spray when the victim is trapped in a car.
Court: USDC Eastern District of Virginia, Judge: Young , Filed On: April 30, 2024, Case #: 3:23cv737, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Immunity, Assault, Police Misconduct
J. Young grants the insurance company's motion to dismiss an indemnification suit. The transport manager hired to haul construction equipment suffered an injury offloading when the site supervisor improperly used a Bobcat to take heavy amounts of rebar off a truck bed. The improper use, failing to lower the hydraulic lift cylinder to balance the weight of the load, caused the Bobcat to tip over, releasing the stack of rebar onto the manager. This caused a fractured left ankle, a fractured arm requiring surgery and permanent crush injuries to his left foot. The manager's insurance policy covered incidents from the insured tractor-trailer, not the Bobcat.
Court: USDC Eastern District of Virginia, Judge: Young, Filed On: April 23, 2024, Case #: 3:23cv67, NOS: Insurance - Contract, Categories: Construction, Insurance, Indemnification
J. Young enters judgment in favor of University of Massachusetts officials against an RA who acted sexually inappropriately towards female college students and then sued the university after it took disciplinary action against him, including requiring him to take a remedial behavior class, forbidding him from contacting the victims and banning him from campus housing. While sharing unpopular opinions is sometimes necessarily permitted in university settings for educational discourse, universities also have a duty to protect their students from the misconduct of other students. The RA also touched at least one female student in a way that was unwanted when he touched her feet without consent.
Court: USDC Massachusetts, Judge: Young, Filed On: April 9, 2024, Case #: 1:23cv12077, NOS: Education - Civil Rights, Categories: Education, Housing, First Amendment
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J. Young denies the reseller's motion to dismiss. The massage device company accused the reseller of bulk purchasing its products, giving the impression that the reseller was gifting them to its employees when it was actually reselling them. The company has provided sufficient evidence to move forward with a fraud claim, including the name of the individual who made the misrepresentation.
Court: USDC Eastern District of Virginia, Judge: Young , Filed On: March 25, 2024, Case #: 3:23cv545, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud
J. Young denies the tenant's motion to dismiss the breach of contract claims. The tenant, leasing a warehouse, hired a company to repave the floor. The pavement company cut corners and produced a floor full of cracks. The contract claims can proceed because the landlords showed that any alterations to the property required preapproval.
Court: USDC Eastern District of Virginia, Judge: Young, Filed On: March 21, 2024, Case #: 3:23cv479, NOS: Other Contract - Contract, Categories: Construction, Landlord Tenant, Contract
J. Young finds that the court of appeals improperly ruled against the city of Dallas in a case concerning whether the city has the authority to implement term limits on the city's retirement fund board of directors. The city's term limits provision is a separate ordinance affecting another ordinance. Because the city did not amend the original ordinance, the board has no power to challenge the term limits. Reversed.
Court: Texas Supreme Court, Judge: Young, Filed On: March 15, 2024, Case #: 22-0102, Categories: Administrative Law, Government, Municipal Law
J. Young denies the truck drivers motion for default judgement. The insurance company refused to cover the losses the truck driver endured when his 1999 Freightliner Classic XL truck was reportedly towed to an impound lot but went missing when he was arrested in 2015. The truck driver believes the insurance company and a separate truck company conspired to steal his vehicle to strip for parts. The truck driver failed to plead a viable private fraud claim, and further, the facts establish that the relevant statute of limitations has expired for the conversion claim.
Court: USDC Eastern District of Virginia, Judge: Young, Filed On: March 1, 2024, Case #: 3:23cv267, NOS: Other Contract - Contract, Categories: Fraud, Insurance, Conversion
J. Young finds that the court of appeals improperly ruled in a case concerning the involuntary commitment of an individual with a history of psychotic behavior. The state provided certificates from two different second-year psychiatry residents certifying the individual with mental illness. Based on a reading of the statutory requirements, the psychiatry residents do qualify as physicians, making their certificates valid before the court. Reversed.
Court: Texas Supreme Court, Judge: Young, Filed On: February 16, 2024, Case #: 22-0987, Categories: Government, Commitment
J. Young denies Massachusetts agricultural regulators’ motion for summary judgment against the pork producers suing them over legislation intended to improve animal welfare. One provision, which creates an exception for sales made at slaughterhouses within Massachusetts, violates the dormant commerce clause because it would disallow federally inspected facilities outside the commonwealth from shipping their pork to Massachusetts customers, who could buy noncompliant pork on the premises of in-state slaughterhouses.
Court: USDC Massachusetts, Judge: Young, Filed On: February 5, 2024, Case #: 1:23cv11671, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Consumer Law, Animal Cruelty
J. Young denies the borrower's motion to dismiss for improper venue. The borrower, accused of failing to make timely loan payments, waived her right to object to the venue when agreeing to the loan. The potential contract breach happened in Virginia despite the borrower living in Maryland, making Virginia the appropriate venue.
Court: USDC Eastern District of Virginia, Judge: Young, Filed On: December 19, 2023, Case #: 3:22cv295, NOS: Negotiable Instrument - Contract, Categories: Fraud, Venue, Contract
J. Young administratively closes a former employee’s claims against her former employer for allegedly depriving her and other employees of wages earned for staging duties and travel time. A valid arbitration agreement exists, which the former employee does not hold an exemption from, so her claims need to be arbitrated.
Court: USDC Massachusetts, Judge: Young, Filed On: December 5, 2023, Case #: 1:21cv10751, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Commerce, Employment
J. Young grants partial summary judgment in favor of a fitness and hospitality organization’s lawsuit against an insurance company for failing to defend it in a few lawsuits. While the insurance company is not obligated to defend the organization against the trust suing it, based on an exception in its policy for shareholder derivative suits, but it is obligated to defend the organization from a billionaire suing it, based on its own policies.
Court: USDC Massachusetts, Judge: Young, Filed On: November 9, 2023, Case #: 1:21cv11791, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Young allows an insured company's motion for partial summary judgment, in a case where it is suing an insurance company for refusing to cover the defense of the company's co-defendant, but while doing so, aligns with the insurance company's interpretation of relevant laws. The insurance company's duty to defend the insured company includes all costs reasonably related to defending the insured company but it is only responsible for covering costs reasonably related to the insured's defense.
Court: USDC Massachusetts, Judge: Young, Filed On: September 14, 2023, Case #: 1:20cv10014, NOS: Insurance - Contract, Categories: Insurance, Attorney Fees