177 results for 'court:"USDC Kansas"'.
J. Vratil rules a pet food equipment company may pursue unjust enrichment claims against commercial food byproducts company. The pet food equipment company sufficiently alleged that the commercial byproducts company overcharged it for goods and services, and "kept its descriptions vague" in order to mark up its profit margin.
Court: USDC Kansas, Judge: Vratil, Filed On: March 18, 2024, Case #: 2:23cv2575, NOS: Other Contract - Contract, Categories: Fraud, Jurisdiction, Contract
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J. Crabtree rules an estate administrator may pursue wrongful death claims against a nursing home. The estate administrator sufficiently showed in court that nursing home employees failed to prevent her father from walking without assistance, falling, and suffering fatal injuries.
Court: USDC Kansas, Judge: Crabtree, Filed On: March 6, 2024, Case #: 2:22cv2385, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Health Care, Negligence, Wrongful Death
J. Crabtree rules a U.S. Army Colonel may pursue declaratory and injunctive relief concerning a commanding officer's issuance of a Military Protective Order, banning him from contacting his daughters, who claim that he sexually abused them. The father sufficiently showed in court that the protective order violates his due process rights based on the lack of a hearing.
Court: USDC Kansas, Judge: Crabtree, Filed On: February 26, 2024, Case #: 2:23cv2102, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Military, Injunction
J. James grants an insured's motion to stay proceedings pending the outcome of a state court's determination of insurance coverage concerning assault and infliction of bodily injury brought on by a third party. The insured sufficiently showed in court that her request for indemnity would be determined once the state court proceedings resolve coverage.
Court: USDC Kansas, Judge: James, Filed On: February 26, 2024, Case #: 2:22cv2417, NOS: Insurance - Contract, Categories: Insurance, Assault
J. Melgren grants a former employee's motion for summary judgment concerning an insurance company's denial of disability benefits under ERISA. The former employee, who developed a serious back pain condition at work, sufficiently showed in court that he was disabled while under the plan before he lost his job.
Court: USDC Kansas, Judge: Melgren, Filed On: February 14, 2024, Case #: 2:23cv2054, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Insurance
J. Robinson grants the U.S. Department of Labor's motion to pursue Fair Labor Standards Act violation claims against a Mexican style chain of restaurants. The U.S. Department of Labor sufficiently showed in court that the two restaurants failed to properly compensate employees for minimum wages, overtime, and tipping.
Court: USDC Kansas, Judge: Robinson, Filed On: February 2, 2024, Case #: 2:23cv2115, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages, Labor
J. Crabtree grants Blue Cross Blue Shield's motion for summary judgment concerning defamation claims brought by a health insurance billing service. Blue Cross sufficiently showed in court that it did not set out to ruin the health insurance billing service's reputation by investigating submitted claims.
Court: USDC Kansas, Judge: Crabtree, Filed On: January 25, 2024, Case #: 5:19cv4007, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Fraud, Insurance, Defamation
J. Vratil partly grants a property company's motion for summary judgment on negligent misrepresentation claims against an insurance company. The property company sufficiently showed in court that the insurance company's adjuster represented that he would combine claim adjustments in order to move ahead on bids for repairs.
Court: USDC Kansas, Judge: Vratil, Filed On: January 16, 2024, Case #: 2:22cv2161, NOS: Insurance - Contract, Categories: Insurance, Property
J. Robinson rules a former employee may pursue ADA retaliation claims against her former employer. The former employee, who has autism, sufficiently showed in court that a county department on aging may have retaliated against her based on her disability and request for accommodations, which her manager may have ignored.
Court: USDC Kansas, Judge: Robinson, Filed On: January 16, 2024, Case #: 2:23cv2319, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment
J. Vratil grants a postmaster general's motion to dismiss an employee's disability discrimination claims. The postmaster general sufficiently showed in court that the employee, who may suffer from post trauma, failed to disclose her claims in bankruptcy court.
Court: USDC Kansas, Judge: Vratil, Filed On: January 11, 2024, Case #: 5:23cv4053, NOS: Employment - Civil Rights, Categories: Bankruptcy, Ada / Rehabilitation Act, Employment
J. James partly grants a machinery and supply company's motion for sanctions concerning a mining company's failure to produce discovery of state dealer protection regulations. The machinery and supply company sufficiently showed in court that the mining company may have wrongfully cancelled a service agreement without adequate notification.
Court: USDC Kansas, Judge: James, Filed On: January 5, 2024, Case #: 2:22cv2331, NOS: Franchise - Contract, Categories: Sanctions, Discovery, Contract