65 results for 'court:"USDC Eastern District of Missouri"'.
J. Fleissig partially denies the school district's motion to quash a third-party subpoena directed at the firm it hired to investigate allegations of sexual abuse of students by school staff in the 1980s. The evidence does not indicate that the firm was retained to provide legal advice, so the information it has accumulated in its investigation is not protected by attorney-client privilege, nor was the information collected in anticipation of litigation. However, information relating to allegations of abuse by school staff that allegedly took place after the plaintiff's alleged abuse are not relevant to her claims.
Court: USDC Eastern District of Missouri, Judge: Fleissig, Filed On: December 15, 2023, Case #: 4:21cv1130, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Discovery, Privilege
J. Ross denies the company's motion to dismiss a consumer's class action alleging violations of the Telephone Consumer Protection Act. The consumer claims he received multiple text messages encouraging him to use the company's service to sell his home, but he never consented to receiving the text messages. The messages were not merely an offer to purchase the consumer's home, but to provide a service for an effective fee. Therefore, the TCPA claims may proceed.
Court: USDC Eastern District of Missouri, Judge: Ross, Filed On: December 15, 2023, Case #: 4:23cv126, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Communications, Class Action
J. Collins grants the plaintiff company's motion for damages upon the entry of default judgment against the German equipment seller in the amount of $988,000 plus $57,000 in sanctions for intentional misconduct.
Court: USDC Eastern District of Missouri, Judge: Collins, Filed On: November 22, 2023, Case #: 4:20cv359, NOS: Other Contract - Contract, Categories: Sanctions, Damages, Contract
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J. Autrey grants the employer's motion for summary judgment in a wage and hour suit accusing it of not compensating employees for lunch breaks not taken because it automatically deducted lunch breaks from the employees' pay. The employer had a reasonable process for employees to report uncompensated work time, and is not liable for non-payment if employees fail to follow the established process.
Court: USDC Eastern District of Missouri, Judge: Autrey, Filed On: October 13, 2023, Case #: 4:21cv182, NOS: Fair Labor Standards Act - Labor, Categories: Employment
J. Ross grants the management firm's motion to dismiss RICO claims stemming from the alleged fraudulent diversion of $2.2 million from Fidelity's escrow account, but denies its motion with respect to Fidelity's conspiracy claim. Fidelity has not alleged that the defendants' acts were open-ended and continuous, rather than a one-time scheme, in order to support its RICO claim.
Court: USDC Eastern District of Missouri, Judge: Ross, Filed On: August 7, 2023, Case #: 4:22cv1391, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Racketeering
J. Schelp finds for the employer in a sex and disability discrimination suit. The employer presented valid reasons for terminating the employee, including his violation of the Covid-19 policy, his excessive time-off, and his argumentative attitude.
Court: USDC Eastern District of Missouri, Judge: Schelp, Filed On: July 31, 2023, Case #: 4:21cv1163, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Sippel partially grants the insurer's request for a declaratory judgment stating that it was not required to cover fire damage at a property covered by its home insurance policy. After the fire, the insurer discovered no one lived at the property, no utilities were turned on, and it had been acquired at a tax sale, contrary to the home owner's representations in his application. This misrepresentation was material because the insurer would have at least charged a different premium had it known the property was purchased at an auction.
Court: USDC Eastern District of Missouri, Judge: Sipple, Filed On: July 28, 2023, Case #: 4:22cv895, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Clark finds for the union in a lawsuit filed by two appliance technicians alleging the union breached its duty of fair representation and their employer, GE, breached the collective bargaining agreement. The union members failed to show that their grievances had merit. Rather, the union investigated the grievances and decided not to pursue them.
Court: USDC Eastern District of Missouri, Judge: Clark, Filed On: July 21, 2023, Case #: 4:22cv285, NOS: Employment - Civil Rights, Categories: Labor / Unions
J. Autrey grants Volvo's motion to apply North Carolina law to this motor vehicle action accusing the truck manufacturer of failing to equip the subject semi-truck with crash avoidance technology or appropriate seatbelt equipment. While the underlying accident occurred in Missouri, none of the parties have any significant connection to Missouri, whereas Volvo has its principal place of business in North Carolina.
Court: USDC Eastern District of Missouri, Judge: Autrey, Filed On: July 14, 2023, Case #: 4:21cv214, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Product Liability, Choice Of Law