53 results for 'judge:"Bennett"'.
J. Bennett grants the police department’s motion to dismiss this employment dispute brought by a former Black police officer alleging race discrimination, hostile work environment, retaliation, Monell, and violations of civil rights and the Maryland Fair Employment Practice Act. The police department alleges the employee failed to exhaust her administrative remedies and her complaint is time-barred after an investigation was opened on her for a fight while off-duty. The court finds her EEOC charge was filed in timely manner, her Title VII claims appear to be time-barred. Her complaint is dismissed for failure to state a claim upon which relief can be granted, but she has 15 days to file an amended complaint.
Court: USDC Maryland, Judge: Bennett, Filed On: May 8, 2024, Case #: 1:23cv2215, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Bennett finds that the trial court properly found for the city in claims contending plaintiff tripped and fell over uneven sidewalk because neither evidence nor expert testimony indicated the city had constructive notice of the dangerous condition. Affirmed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: May 2, 2024, Case #: M2023-00736-COA-R3-CV, Categories: Negligence
J. Bennett grants the commission’s motion to dismiss this employment dispute brought by a former employee alleging wrongful termination and retaliation after she complained that an external speaker used the word “negro” during a presentation. She claims retaliation in violation of the Maryland Fair Employment Practices Act and Title VII, but fails to plausibly allege she was engaged in a protected activity or an adverse action. The court finds she cannot cure her defects by amending her complaint. Therefore, the clerk shall close this case and it is dismissed with prejudice.
Court: USDC Maryland, Judge: Bennett, Filed On: May 1, 2024, Case #: 1:23cv2492, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Retaliation
J. Bennett grants Sherwin-Williams’ motion to compel arbitration and stay of the proceedings in this employment dispute brought by a former paint mixer who alleges race discrimination based on a failure to rehire claim. The paint mixer argues that the arbitration agreement was outside of the scope of his claims and not valid. The court found the arbitration agreement to be valid and enforceable, delegating the threshold issue of arbitrability to the arbitrator.
Court: USDC Maryland, Judge: Bennett, Filed On: April 30, 2024, Case #: 1:23cv3190, NOS: Employment - Civil Rights, Categories: Arbitration, Employment Discrimination, Employment Retaliation
J. Bennett finds the lower court properly found in favor of a store in this matter of alleged premises liability, tort and workers' compensation. A sales representative was injured when a barn door track fell out of a display and struck him on the head. He filed for and received workers’ compensation from his employer, but seeks relief from the store on grounds that it was negligent in maintaining the display and created the hazardous condition that caused his injury. The lower court found the store to be a principal contractor and immune from tort liability, it also found it to be a statutory employer. As a statutory employer, it is responsible for workers’ compensation only if the primary employer cannot. Because the primary employer provided workers’ compensation to the sales representative, the store is not responsible. The lower court also found and the sales representative’s negligence claim lacked merit. The instant court finds no issue with the lower court’s findings. Affirmed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: April 26, 2024, Case #: M2023-00249-COA-R3-CV, Categories: Tort, Premises Liability, Workers' Compensation
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J. Bennett finds that the district court improperly denied Warner Bros. Entertainment’s motion to compel arbitration pursuant to the terms of service in a mobile application Game of Thrones: Conquest. A putative class action filed against Warner Bros. alleged false and misleading advertising within the game. The mobile game has a “sign-in wrap agreement” where users are required to advance through a sign-in screen which states “By tapping ‘Play,’ I agree to the Terms of Service.” A sign-in wrap agreement may be an enforceable contract based on inquiry notice if the website provides reasonably conspicuous notice of the terms. The district court was incorrect in finding that Warner Bros. failed to provide reasonably conspicuous notice. Reversed.
Court: 9th Circuit, Judge: Bennett, Filed On: April 26, 2024, Case #: 22-55982, Categories: Class Action, False Advertising
J. Bennett affirmed in part and vacated in part a district court preliminary injunction limiting wolf trapping and snaring in certain parts of Montana to January 1, 2024 through February 15, 2024. Environmental groups alleged that Montana’s laws authorizing recreational wolf and coyote trapping and snaring, including regulations approved by the Montana Fish and Wildlife Commission, allowed the unlawful “take” of grizzly bears, a threatened species. The district court was correct in considering new arguments and new materials, submitted with the organizations' reply brief in support of their motion for a preliminary injunction, because the record showed that the State of Montana had an opportunity to respond to those submissions. However, the injunction was overbroad because it prevents Montana from trapping and snaring wolves for research purposes. Affirmed in part.
Court: 9th Circuit, Judge: Bennett, Filed On: April 23, 2024, Case #: 23-3754, Categories: Environment
J. Bennett denies Under Armour and its founder, as well as the stockholders suing them, their motions to exclude expert testimony and opinions of expert witnesses in this securities class action. The court finds that two of Under Armour’s witnesses are precluded from certain portions of their opinions, but may exclude those and testify the rest. The witnesses all should describe the opinions as to their scientific, technical or other specialized knowledge based on sufficient facts and evidence.
Court: USDC Maryland, Judge: Bennett, Filed On: April 16, 2024, Case #: 1:17cv388, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Evidence, Securities, Experts
J. Bennett grants cross-motions for judgment on the pleadings in favor of Under Armour brought by the insurer in this insurance dispute from a consolidated class action over securities, derivative matters and a government investigation. The parties reached an agreement, and they no longer dispute the insurance coverage during the relevant times.
Court: USDC Maryland, Judge: Bennett, Filed On: April 15, 2024, Case #: 1:22cv2481, NOS: Insurance - Contract, Categories: Insurance, Securities, Class Action
J. Bennett finds that the district court properly granted Amazon’s motion to compel arbitration and dismissed without prejudice a case arising from a dispute between Amazon and the delivery service partners (DSP) with whom it contracts to provide local delivery services. The business entities entered into DSP agreements with Amazon that contained an arbitration provision. A transportation worker exemption did not extend to business entities or to commercial contracts such as the DSP agreement. Affirmed.
Court: 9th Circuit, Judge: Bennett, Filed On: April 10, 2024, Case #: 22-35818, Categories: Arbitration, Contract
J. Bennett grants a mortgage company’s partial motion to dismiss underwriters’ claim seeking a declaration that they do not owe a duty to defend or indemnify the mortgagor, which is being sued for allegedly engaging in an illegal kickback scheme in violation of the Real Estate Settlement Procedures Act. The insurer’s duty to indemnify is not ripe. This case shall proceed to discovery on the counterclaims between the insurer and mortgage company.
Court: USDC Maryland, Judge: Bennett, Filed On: March 29, 2024, Case #: 1:23cv405, NOS: Insurance - Contract, Categories: Real Estate, Discovery, Class Action
J. Bennett grants the county’s motion to dismiss this employment dispute brought by a former employee on claims of retaliation and discrimination under the MFEPA and ADA. The employee was a lieutenant firefighter when she was charged with a DUI and after she attended treatment, she returned to work when she was charged with a second DUI. Her claims are unsupported, and the second DUI was legitimately the reason for her termination.
Court: USDC Maryland, Judge: Bennett, Filed On: March 28, 2024, Case #: 1:23cv2076, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Bennett finds the lower court properly dismissed a husband’s petition to modify a division of assets in this matter of divorce. The lower court ordered the wife to receive $1646 per month from the husband’s military retirement. Four years after the final order was entered, which stipulated there would be no modification, the husband petitioned to have the amount modified. The husband argues that according to the Defense Finance Accounting Service, the wife is entitled to 27 percent of his monthly military retirement, which would be $507, and the remainder of the ordered amount should be considered alimony and subject to modification. But the lower court did not order the payment as alimony, rather, the funds were a division of assets and therefore not subject to modification. The instant court finds no error in the lower court’s dismissal. Affirmed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: March 27, 2024, Case #: M2023-00589-COA-R3-CV, Categories: Family Law
J. Bennett grants the individual members of the Maryland Alcohol, Tobacco, and Cannabis Commission and denies the commission, its executive director and the attorney general’s motion to dismiss improper defendants in this Interstate Commerce Act complaint brought by a citizen and two out-of-state breweries. The citizen and breweries argue that the commission has unconstitutionally allowed in-state alcohol manufactures to ship their product directly to consumers, while prohibiting the out-of-state brewers from doing the same. The Direct Shipping Act is scheduled to expire June 30, 2024, and at that time this case may be dismissed. Therefore, until the direct shipping act expires the motion to dismiss the complaint in full is denied.
Court: USDC Maryland, Judge: Bennett, Filed On: March 15, 2024, Case #: 1:23cv2045, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Constitution
J. Bennett finds the lower court properly granted summary judgment to a company that operated a prison and denied a request for sanctions in this premises liability matter. A woman sued the prison operator after she was allegedly injured after a chair in which she was sitting while visiting her son collapsed beneath her. The lower court found the visitor failed to present evidence to show that the chair was defective, that there was a dangerous condition, or that the prison operator had knowledge or notice of the alleged dangerous condition. While the visitor requested sanctions against the prison operator for failing to preserve evidence, the lower court declined the request finding there was no indication after the incident that evidence would need to be preserved as the visitor indicated she was fine and declined all offers of assistance by prison personnel. The instant court finds no error in the lower court’s findings. Affirmed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: March 6, 2024, Case #: M2023-00424-COA-R3-CV, Categories: Sanctions, Negligence, Premises Liability
J. Bennett finds the United States Customs and Border Patrol (Customs), properly classified imports of tritium sight inserts under the category of lamps. While the importer argues the classification is incorrect and suggests the items would be more accurately categorized under apparatus based on the use of alpha, beta, or gamma radiations which carries a zero import duty rate, the instant court finds the imports do not fit that definition or criteria and that Customs properly categorized them as lamps, which carries a six percent import rate. Affirmed.
Court: Court of International Trade, Judge: Bennett, Filed On: February 16, 2024, Case #: 24-18, Categories: Commerce
J. Bennett grant summary judgment in favor of the police department in this employment dispute brought by a police sergeant alleging she was retaliated against, and it created a hostile work environment when she reported corruption by superior officers. There is no genuine dispute or that a reasonable jury could find the sergeant’s complaints had a negative difference in her being promoted or transferred.
Court: USDC Maryland, Judge: Bennett, Filed On: February 1, 2024, Case #: 1:21cv2173, NOS: Employment - Civil Rights, Categories: Employment Retaliation
J. Bennett grants summary judgment in favor to Baltimore in this lawsuit brought by a protestor who argues an ordinance prohibiting his use of an A-frame anti-abortion sign on public walkways violates his First Amendment rights. Baltimore permitted him to wear or hold his sign, hand out pamphlets and speak with anyone on the sidewalk. Therefore, the protestor has ample alternative means for communicating his message, and his claims fail.
Court: USDC Maryland, Judge: Bennett, Filed On: January 19, 2024, Case #: 1:22cv2587, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, First Amendment
J. Bennett finds that the district court properly denied defendant's motion to suppress evidence obtained from two GPS tracking warrants. The lower court properly determined that a wiretap warrant was supported by probable cause and was necessary. The matter stems from a conviction and sentence for defendant's involvement in a conspiracy to distribute controlled substances. Affirmed.
Court: 9th Circuit, Judge: Bennett, Filed On: December 29, 2023, Case #: 21-10296, Categories: Drug Offender, Evidence, Search
J. Bennett denies a student group’s motion for preliminary injunction in this lawsuit to enjoin the Naval Academy and its individual officials from using race as a consideration for admissions. The group alleges that considering race as a factor is a violation of equal protection when admissions is rejected. The evidence presented by the group does not show that the academy discriminated against prospective students due to race.
Court: USDC Maryland, Judge: Bennett, Filed On: December 20, 2023, Case #: 1:23cv2699, NOS: Education - Civil Rights, Categories: Education, Equal Protection, Injunction
J. Bennett finds the lower court properly determined the ownership of three contested areas of real estate by three property owners. The complainant claims she was the owner of two of the areas as they were considered part of her front and back yards and that she had maintained them for the 20 years that she has lived in her home; she also contends she has usage rights to the third area as it is an easement and access point to her property. The lower court found that she was not the owner of any of the areas, that she did not present sufficient evidence to support her claims of common law adverse possession to the two yard areas, nor did she prove that she acquired prescriptive easement over the third area. The instant court finds no error with the lower court’s findings. Affirmed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: December 15, 2023, Case #: M2022-01357-COA-R3-CV, Categories: Real Estate
J. Bennett finds the lower court properly terminated the parental rights of a father to his minor children. The father has not visited the children in more than a year and has not provided financial support. Because of the father’s history of drinking and violent behavior, the children fear him. Sufficient evidence was presented to support the termination of his parental rights on grounds of abandonment by failure to visit, abandonment by failure to support, and that it is in the best interest of the children. Affirmed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: December 4, 2023, Case #: M2023-00573-COA-R3-PT, Categories: Family Law
J. Bennett denies a teacher’s motion to dismiss negligence, battery and state and federal civil rights claims brought by the parents of a minor elementary school student. The teacher allegedly slammed the minor to the floor to discipline his behavior and asked other students to raise their hands if they had been bullied by him. The parents have properly pled facts. The substantive due process and equal protection claims were previously dismissed as to everyone named in the original complaint, but the teacher was not originally named on those claims.
Court: USDC Maryland, Judge: Bennett, Filed On: November 3, 2023, Case #: 1:22cv1601, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Assault
J. Bennett partially grants a lender’s motion for summary judgment on allegations of financial damages brought by a military veteran homeowner after he applied for several loan modifications for his home. The homeowner went into forbearance of his mortgage due to a change of income; his wife was injured in a car collision. The lender argues that the homeowner would save more money in interest over the years by not modifying his mortgage. The Maryland Consumer Protection Act claim is denied because the claim remains a genuine dispute.
Court: USDC Maryland, Judge: Bennett, Filed On: October 30, 2023, Case #: 1:22cv149, NOS: Other Contract - Contract, Categories: Banking / Lending, Contract
J. Bennett grants, in part, a group of medical employer’s motion to dismiss a former medical assistant’s discrimination and retaliation suit, but the groups motion to dismiss the medical assistant’s disparate treatment claim must be denied. The medical assistant’s motion for leave is granted and she may proceed with claims of violations of Title VII and the Maryland Fair Employment Practices Act. The groups have 14 days to file and answer to the claims.
Court: USDC Maryland, Judge: Bennett, Filed On: October 26, 2023, Case #: 1:22cv3356, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation