83 results for 'court:"USDC Western District of Wisconsin"'.
J. Peterson grants summary judgment to the insurance company in a lawsuit from a beneficiary claiming she was wrongfully denied long-term disability benefits after she stopped working in January 2021 due to eye pain and spasms. Through the beneficiary's initial claim and two subsequent appeals, the insurance company comprehensively reviewed all the evidence and medical opinions related to the beneficiary's pain and the limitations her conditions placed on her ability to do her job, and it cannot be found to have been arbitrary and capricious in its decisions.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: January 22, 2024, Case #: 3:22cv617, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance
J. Peterson partially denies the elections commission and Wisconsin Legislature's motions to dismiss the voters' lawsuit claiming that Wisconsin law's absentee-voting witness requirement violates the Civil Rights Act and the Voting Rights Act. In light of two state-court lawsuits dealing with substantially similar issues, the merits of the voters' claims will not be decided at this time, and a partial stay is enacted which will allow parties to continue briefing for summary judgment. The elections commission itself is dismissed on sovereign immunity grounds, but the commission's individual commissioners will remain as parties to both of the voters' claims.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: January 17, 2024, Case #: 3:23cv672, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections, Immunity
J. Conley finds for the federal government in a lawsuit from property owners claiming that trees on their property have been damaged by road salt running off from a neighboring VA medical center. The property owners have failed to bring sufficient evidence to support their takings and private nuisance claims such that a reasonable jury could determine the VA center's salt storage is responsible for the damage to their trees, so the government's motion for summary judgment is granted.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: December 29, 2023, Case #: 3:22cv395, NOS: Torts to Land - Real Property, Categories: Constitution, Property, Tort
J. Peterson partially grants the father's motion for attorney fees and costs in a lawsuit against his son and others involving a dispute between family over ownership of a company that runs multiple car dealerships. The father is awarded one-third of his total request for attorney fees, which will amount to $204,402, and he is also awarded $60,033 in costs, bringing his total award to $264,435.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: December 14, 2023, Case #: 3:19cv980, NOS: Stockholders’ Suits - Contract, Categories: Fiduciary Duty, Attorney Fees, Contract
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J. Conley finds partially in favor of Hyundai and Genesis in a lawsuit from a car dealer claiming they breached the parties' contract by essentially forcing the dealer to close its Genesis dealership on the eve of a sale its Genesis and Hyundai dealerships to a third party, ultimately costing the dealer $2 million in the sale. Summary judgment is granted to Genesis on all the claims against it because the dealer has failed to allege that it is liable for Hyundai's conduct, denied to Hyundai on all claims against it except a state-law claim regarding the timing of the notice given to the dealer regarding changes to their agreement and another state-law claim for intentional interference with contract, and denied to the dealer entirely. Genesis is dismissed as a defendant, and the remaining claims and parties will proceed to trial on January 22, 2024.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: December 8, 2023, Case #: 3:22cv322, NOS: Other Contract - Contract, Categories: Tort, Contract
J. Peterson grants summary judgment to the county, sheriff, jail administrator and others in a lawsuit from the parents of a woman who died by suicide while in custody at the county's jail. The parents concede that jail staff could not have known about their daughter's suicidal intentions at the time of her death, in part because she spent 18 days in general population denying feeling suicidal and showing no concerning behavior after spending two days on suicide watch, so there is no basis for an Eighth Amendment deliberate indifference claim. The parents' alternative arguments, including those blaming their daughter's death on unconstitutional excessive force and conditions of confinement, fail for a lack of evidence in the record, and their state-law claims are dismissed without prejudice.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: December 7, 2023, Case #: 3:22cv253, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Negligence
J. Conley denies the hospital's motion for summary judgment in an employment discrimination lawsuit from its former CEO, as the record has sufficient evidence that a jury could conclude the hospital fired the 75-year-old CEO because of age instead of his poor job performance, which the hospital claims included ignoring human resources concerns from hospital employees. The CEO's motion to supplement the record with the hospital's amended interrogatory responses is granted.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: November 29, 2023, Case #: 3:22cv375, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Peterson finds for the county, city and police officers in a lawsuit from the estate of a man one of the officers shot and killed after he and another officer tased him during a violent struggle upon finding the man naked and acting bizarrely subsequent to crashing his car into a snowbank. The officers actions can be reasonably justified given the circumstances, so the officers and municipalities are granted summary judgment on the estate's Fourth Amendment claims pertaining to the man's detention and the officers tasing and shooting him. The estate's claims referencing municipal liability and federal disability statutes also fail, as it has not shown the man's death was caused by any inadequate municipal policies for dealing with those in a mental health crisis or a failure to accommodate the man's disabilities, so the municipalities are granted summary judgment on those claims as well.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: November 28, 2023, Case #: 3:22cv102, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
J. Conley denies the hair care products company's motion to amend an injunction allowing the salon to be the exclusive distributor of its products in Wisconsin, Minnesota, Iowa and North Dakota. The motion, which would permit the company to sell its products on Amazon in the salon's territory, must be denied in part because the company has not met statutory notice requirements or shown good cause under Wisconsin's Fair Dealership Law. The salon's motion to amend its complaint to add the company's Swedish parent company as a defendant is granted, and the parties' joint motion to strike the case's schedule is denied.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: November 15, 2023, Case #: 3:22cv695, NOS: Other Contract - Contract, Categories: Commerce, Contract, Injunction
J. Conley finds against the U.S.-Syrian dual citizen and her Syrian national son in the dual citizen's petition for a writ of mandamus forcing the federal government to finish adjudicating her son's bid for U.S. citizenship before he turns 18 on November 11, 2023, and can no longer acquire automatic U.S. citizenship under applicable federal laws. The relatively short delay in adjudicating the dual citizen's son's case since his visa interview on August 30, 2023, which led a consular official to deny his application and forward his case for "administrative processing," is not egregious or unreasonable enough to warrant an injunction, so the motion is denied.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: November 3, 2023, Case #: 3:23cv629, NOS: Other Immigration Actions - Immigration, Categories: Government, Immigration
J. Peterson finds in favor of the law firm in its lawsuit seeking payment from a former client of a roughly $96,000 bill for the firm's successful legal work on his behalf in a dispute with his employer. The client's claim of malpractice against the firm, supported only by his own "personal dissatisfaction" with his attorney's work, is not enough to overcome the fact that he has clearly breached his contract with the firm by refusing to pay his bill. Summary judgment is granted to the firm, and it is awarded its $96,952 unpaid bill in addition to damages and expenses for a total judgment of $149,180.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: October 17, 2023, Case #: 3:22cv66, NOS: Other Civil Rights - Civil Rights, Categories: Attorney Fees, Contract
J. Peterson partially grants the health care system's motion to dismiss a proposed class action lawsuit from two self-insured employers claiming the system violated federal antitrust law by using price fixing, unfair contracts and other anti-competitive practices to acquire a stranglehold on the market for inpatient and outpatient care in north-central Wisconsin at higher than average prices to consumers. Most of the employers' claims are stated and supported plausibly enough to avoid dismissal, but two claims alleging the system's exclusive dealing and conspiratorial efforts to influence competitors to reject reference-based pricing are dismissed.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: October 17, 2023, Case #: 3:22cv580, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Class Action
J. Peterson partially grants the debt collector's summary judgment motion in the consumer's lawsuit claiming it failed to properly handle her claim of identity theft after she informed it that a nearly $6,000 debt for unpaid rent at an apartment in Arizona did not belong to her, as she lives in Wisconsin. Disputed facts concerning whether the debt collector acted within the law in attempting to confirm proof of the consumer's address and otherwise investigate her claim need to go to a jury, but the consumer has adequately argued standing due to injuries she suffered in the form of denial of a student loan and lost time trying to fix her credit. Summary judgment is denied to both parties except for the consumer's claim for punitive damages, which is dismissed because she never responded to the debt collector's arguments about it in her brief.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: October 16, 2023, Case #: 3:22cv215, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Conley grants summary judgment to the university management board and university officials in a pro se lawsuit from a Black man who, at age 68, claims he was discriminated against for his race and age by being denied a University of Wisconsin faculty position he applied for. The evidence in the record shows no discrimination in denying the man's application, instead showing that it was purely problems with his application and lack of relevant experience that informed the officials' decision.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: October 3, 2023, Case #: 3:20cv175, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Crocker partially grants the beneficiary's motion for attorney fees in his lawsuit against the insurance company over the termination of his long-term disability benefits. The beneficiary is entitled to some fees in part because his allegation that the company failed to perform a full and fair review of his disability claim ultimately prevailed upon appeal to the Seventh Circuit, but his success on a "distinct procedural issue" calls for a reduction of the lodestar, and the beneficiary is awarded $41,944 in attorney fees and $907 in costs.
Court: USDC Western District of Wisconsin, Judge: Crocker, Filed On: September 29, 2023, Case #: 3:21cv19, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Attorney Fees
J. Peterson partially grants the beneficiary's motion for attorney fees in her lawsuit against the insurance company over the termination of her long-term disability benefits. Finding no basis to grant the beneficiary's "eye-popping" request for $180,774 in fees plus $2,984 in costs, she is awarded $69,725 in fees and no costs, as the fee calculations she proposes based on her attorneys' hourly work are excessive and unreasonable.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: September 28, 2023, Case #: 3:20cv420, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Attorney Fees
J. Peterson denies Enbridge's motion to reopen and intervene in a lawsuit between the property owners and the city over the city's desire to use a driveway on their private property as a public road, which ultimately ended in a settlement with the property owners granting the city a limited easement to use the driveway to access a neighboring property. Though Enbridge claims it needs full public access to the driveway in order to reroute an oil and natural gas pipeline over the neighboring property, it has not proven it has a right to intervene and force the lawsuit to be reopened because its knowledge of the underlying lawsuit and settlement makes its intervention untimely and the prejudice to the property owners and city in reopening the settled lawsuit outweighs any prejudice to Enbridge, and its state-law claims are better suited for a separate state-level action.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: September 25, 2023, Case #: 3:21cv409, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Property, Contract
J. Peterson grants class certification to the property owners in their complaint alleging that Wisconsin Secretary of Revenue Peter Barca took the owners' private property under the presumption that it was abandoned without compensating the property owners. Despite the differences in the alleged value of their properties, the claims of the property owners and other prospective class members are based on the contention that Wisconsin’s Revised Uniform Unclaimed Property Act does not follow the Seventh Circuit's decision that owners of unclaimed property should be compensated if the state uses that property.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: September 18, 2023, Case #: 3:20cv1109, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Class Action
J. Conley denies the club's motion to exclude the expert opinion of Thomas Maronick, who has worked as a marketing expert for the Federal Trade Commission, in a lawsuit alleging that the strip club used the models' images without authorization to promote the club. The club argues that Maronick's report is based on flawed methodology because he did not use the promotional materials using the models' images to gauge consumers' perceptions on the images, but Maronick did in fact apply his professional experiences when designing the survey that included the promotional materials and pictures in question.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: September 12, 2023, Case #: 3:21cv657, NOS: Trademark - Property Rights, Categories: Trademark, Experts, Discovery
J. Conley finds in favor of the school district in the former teacher's lawsuit claiming he was forced from his job teaching fifth grade in part in violation of the Americans with Disabilities Act because the district did not do enough to accommodate lingering issues from a concussion he suffered. Due to his extended absences from work and multiple performance issues with running and organizing his classroom and curriculum, it is clear the teacher was unable to perform the essential functions of his job with or without accommodations, and his claims under the Americans with Disabilities Act fail. The teacher's claims under the Family and Medical Leave Act and Health Information Portability and Accountability Act also fail for standing reasons, and the school district's motion for summary judgment is granted.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: September 5, 2023, Case #: 3:22cv247, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment
[Consolidated] J. Conley grants the federal government's motions to sever and remand in two lawsuits from a pro se citizen bringing multiple claims against state and federal employees, including allegations that they falsely called the police on him, disclosed his private medical records and wrongfully prescribed him medications for his mental illness. In one case the citizen's claims against a doctor are dismissed and all his motions for appeal are denied, and in both cases all of his remaining claims are remanded to state court. Overall, both cases and at least seven other pending lawsuits from the citizen are dismissed with prejudice as sanctions for his repeated incivility toward court officials and disregard of directives issued to him. The clerk of court is to forward any of the citizen's filings to the judge's chambers, and court staff are instructed to ignore the citizen's emails.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: September 1, 2023, Case #: 3:23cv380, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Civil Rights, Sanctions, Medical Malpractice
J. Peterson finds partially in favor of the third-party manufacturers in the lighting corporation's lawsuit against the home improvement retail company for selling products that allegedly violate the corporation's patents for LED lighting systems. One manufacturer's motion to dismiss the company's third-party claims against it seeking indemnity for its role manufacturing the products that infringe on the corporation's patents is granted, as it has a valid arbitration clause in its contract with the company. The corporation's motions to dismiss four other third-party manufacturers' counterclaims and affirmative defenses are granted in part, including as to dismiss one of the manufacturer's invalidity claims on some of the patent infringement allegations. The corporation's motion to sever the company's claims against the third-party manufacturers is denied.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: August 31, 2023, Case #: 3:22cv706, NOS: Patent - Property Rights, Categories: Patent, Contract
J. Conley finds in favor of the Wisconsin-based biogas facility manufacturer on its partial motion to dismiss in a lawsuit from a Texas-based energy facility owner involving a contract dispute over failures during the construction by the former of a renewable natural gas facility for the latter. The 12 false, misleading or deceptive public statements noted in the owner's claim under Wisconsin's Deceptive Trade Practices Act are either time-barred or were made to the owner after it had entered a contractual relationship with the manufacturer and was no longer a member of "the public," so the claim under the Act, the sixth in the owner's complaint, is dismissed.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: August 21, 2023, Case #: 3:22cv538, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Conley finds partially in favor of the Wisconsin artificial insemination company on its five counterclaims in the patent infringement lawsuit it faces from the Texas-based distributor of frozen bovine semen used in cattle breeding, the fourth such lawsuit since 2014. The record weighs in favor of the distributor on the company's two counterclaims under the Sherman Act alleging the distributor engaged in sham litigation in its previous patent lawsuits, as well as a counterclaim under Wisconsin's unfair competition law, and the two Sherman Act counterclaims are dismissed with prejudice and the state-law claim is dismissed without prejudice. The company's two counterclaims under federal antitrust law claiming the distributor's patents were fraudulently obtained and asserted in bad faith survive the distributor's motion to dismiss, as they are supported well enough by plausible allegations.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: August 11, 2023, Case #: 3:20cv349, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent
J. Peterson grants the migrant worker leave to file a second amended complaint to add new defendants in his class action alleging that the construction company did not pay him overtime for construction work he performed on farms under an H-2A guestworker visa. Barring a mistake from the migrant worker to not include them, Signet Construction LLC, Signet Construction Inc. and Northridge Construction Inc. knew or should have known that they could be sued because they share corporate officers with the construction company.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: August 2, 2023, Case #: 3:21cv54, NOS: Fair Labor Standards Act - Labor, Categories: Immigration, Class Action, Labor
J. Peterson finds for the federal government in the farm owners' lawsuit claiming the Farm Service Agency loan officer they consulted when purchasing farmland misrepresented the condition of the land, improperly handled loan funds and otherwise misled and pressured them during the sale process. The farm owners' remaining claims under the Federal Tort Claims Act and the Equal Credit Opportunity Act fail, in part because the claims are either blocked by Wisconsin's economic loss doctrine, assert fiduciary duty claims against the FSA even though it was not acting as a fiduciary, or the evidence fails to show they were pressured or misled into buying a farm they wanted to buy despite their concerns about its quality.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: July 26, 2023, Case #: 3:22cv136, NOS: Other Contract - Contract, Categories: Government, Fiduciary Duty, Contract