127 results for 'court:"USDC Western District of Oklahoma "'.
J. DeGiusti partially grants the defendant company's motion for summary judgment in this lawsuit brought by a former employee under the Americans with Disabilities Act. Summary judgment is appropriate as to the employee's ADA retaliation and discrimination claims. The company provided a "legitimate, nondiscriminatory reason" for the employee's termination, and the employee, who was diagnosed with cancer, failed to show pretext. Summary judgement is not appropriate, however, as it relates to the employee's request for a recliner in her office "for times when she felt sick at work."
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: February 22, 2024, Case #: 5:22cv514, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
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. DeGiusti denies the plaintiff insurance company's motion for summary judgment and partially grants summary judgment to the defendant company in this declaratory judgment action concerning coverage for a motor vehicle accident. The plaintiff company fails to show that the defendant "has a duty to defend or indemnify" one of the commercial transportation companies in the underlying litigation based on the vehicle being a "covered auto."
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: February 7, 2024, Case #: 5:22cv626, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Contract
J. Russell denies the dismissal motions in this civil rights lawsuit alleging that a pretrial detainee was denied adequate medical care, after falling down a set of concrete stairs. The complaint contends that he was sent to the hospital "eight days after his fall" and that he ultimately died from his injuries. The allegations sufficiently state a claim for deliberate indifference against the medical staffing company, as the detainee was allegedly "turned away from the jail infirmary after he was carried there by a cellmate."
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: February 6, 2024, Case #: 5:23cv1060, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care
J. Russell grants the Texas residents' dismissal motions in this case concerning an individual's estate based on a lack of personal jurisdiction. The complaint alleges that an attorney and his wife, along with a paid caretaker, "engaged in a conspiracy to siphon money" from the individual, who is 91 years old and suffering from Alzheimer's. However, the "focal point of defendants' alleged actions was Texas."
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: February 6, 2024, Case #: 5:23cv499, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Conversion, Jurisdiction
J. DeGiusti partially grants the postmaster's dismissal motion filed in this employment discrimination lawsuit brought by a former postal employee. The former employee's discrimination claims under Title VII, the Age Discrimination in Employment Act and the Rehabilitation Act will be dismissed without prejudice. The former employee sufficiently alleges claims for Title VII retaliation, hostile work environment based on retaliatory animus and constructive discharge, however, and those claims will survive dismissal.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: February 1, 2024, Case #: 5:22cv112, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Goodwin denies the defendant company's post-judgment motions following a jury trial on the plaintiff companies' claims for breach of contract and conversion in connection with certain purchase orders. The defendant company fails to show that it is entitled to judgment as a matter of law as to the conversion claim. Specifically, it does not establish that "the two jury findings are mutually exclusive."
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: January 29, 2024, Case #: 5:18cv1245, NOS: Other Contract - Contract, Categories: Conversion, Contract
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. Dishman grants the state defendants' dismissal motion in this lawsuit challenging the constitutionality of a state law that requires public schools to separate multiple occupancy restrooms and changing areas "based on a student's biological sex." The plaintiff students fail to "state a claim on which relief can be granted," as the law does not violate the Equal Protection Clause or Title IX. Additionally, the court will deny as moot their request for a preliminary injunction as to the state defendants.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: January 12, 2024, Case #: 5:22cv787, NOS: Education - Civil Rights, Categories: Civil Rights, Education
J. DeGiusti grants the plaintiff company's motion to compel discovery from certain defendants in this lawsuit concerning "the sale of a small-town valve manufacturing company" and the non-solicitation provisions included in the asset purchase agreement. The defendants, which include a former employee and his new valve company, have a duty to supplement their responses.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: January 5, 2024, Case #: 5:21cv368, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Discovery, Contract
J. Russell partially grants the defendant school district's dismissal motion in this lawsuit brought by a former high school student alleging that he was sexually harassed by a teacher. The complaint contends that school officials had previously received reports of the teacher engaging in "inappropriate behavior," and that the school district's indifference allowed the student "to become another victim." The student's Section 1983 claim based on a "state created danger theory" will be dismissed, however, along with his Title IX claim, due to a failure to state a plausible claim.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: December 29, 2023, Case #: 5:23cv473, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Civil Rights, Education
J. Friot denies the defendant police officer's summary judgment motion as to the Section 1983 equal protection claim against him. The former employee's evidence, though "shaky at best," is sufficient to survive the officer's summary judgment motion. Specifically, there is an issue of fact as to the date of an alleged sexual assault.
Court: USDC Western District of Oklahoma , Judge: Friot, Filed On: December 15, 2023, Case #: 5:21cv466, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. DeGiusti partially denies the city's motion to strike an affidavit in this lawsuit arising from a motor vehicle collision involving a city police officer who was allegedly driving his personal vehicle at a speed exceeding the posted speed limit at the time of the incident. The court will not strike the affidavit at issue, though it notes that the plaintiffs failed to disclose the witness "at numerous points during this case." They will also be allowed to amend the final witness list.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: December 15, 2023, Case #: 5:20cv851, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Experts, Discovery
J. DeGiusti partially grants the defendant insurance company's dismissal motion in this lawsuit regarding its claims decisions under an employee welfare benefit plan. The plaintiff employee and his daughter contend that the company, which was the claims administrator, "denied or improperly discounted payment" for certain medical claims. However, they fail to state claims for breach of fiduciary duty and for "failure to supply requested information."
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: December 1, 2023, Case #: 5:23cv120, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance
J. Palk partially denies the defendant manufacturer's motion for summary judgment, specifically as to the express warranty claim, in this lawsuit concerning the manufacture and sale of a certain drilling rig. The record shows that the oil and gas company used a purchasing agent to acquire the rig, meaning it is "entitled to enforce the terms of the Contract." The court notes that it will address "the remaining issues" in a separate order.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: November 21, 2023, Case #: 5:18cv790, NOS: Other Contract - Contract, Categories: Energy, Warranty, Contract
J. DeGiusti denies the estate representative's motion to reconsider an order denying her request for leave to file an amended complaint in this lawsuit stemming from an individual's death at a detention center. The action asserts Section 1983 violations based on the decedent's alleged back injury caused by "blunt force trauma." The representative sought to add the board of county commissioners after it had previously been dismissed. However, the court determined that the amendment would be futile, and the representative now fails to show that the court should change its prior order.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: November 16, 2023, Case #: 5:18cv323, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. DeGiusti denies the defendant insurance company's motion for summary judgment in this breach of contract lawsuit involving a customer's medical claims and its decision to rescind his health insurance policy over an answer on his insurance application. The customer did not consent to the rescission based on the return of his premium payments. Additionally, there is a question of fact precluding summary judgment on the customer's bad faith claim, specifically as to the reasonableness of the company's investigation.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: November 13, 2023, Case #: 5:22cv155, NOS: Insurance - Contract, Categories: Health Care, Insurance
J. Dishman denies the refrigerator owners' motion to compel certain discovery in this product liability lawsuit involving a fire that was allegedly caused by the refrigerator installed on their recreational vehicle. The owners seek certain testing materials, which were produced by an outside consultant for the refrigerator manufacturer. However, it is not clear how the material is relevant to the claims at issue here, as the testing was done on other models of refrigerators.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: November 8, 2023, Case #: 5:20cv272, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Product Liability, Discovery