106 results for 'judge:"Boyle"'.
J. Boyle grants seven agents of a county government their motion to dismiss allegations of emotional distress, defamation and discrimination brought by a register of deeds. Specifically, she claims the county did not assign to her the best assistant and that it has discriminated against her in some way. However, she has not provided enough information for her claim to survive and she has failed to respond to the county’s motion.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 12, 2024, Case #: 5:23cv520, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation, Employment Discrimination
J. Boyle partially grants a former staff member of the state’s corrections department her motion to compel after suing the department for alleged race, gender and age discrimination. Specifically, the department, which has had over six months to produce documents, must generate records of past job postings for the staff’s position to complete the discovery process. The staff member has demonstrated the standing to make this request.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 8, 2024, Case #: 5:21cv225, NOS: Employment - Civil Rights, Categories: Employment, Government, Employment Discrimination
J. Boyle grants summary judgment to a police department following allegations of retaliation brought by a former officer when the department fired him after he took FMLA leave. The officer, who needed to help his father after a debilitating accident, took leave for over a year then returned to work. However, someone called the department to file a complaint against the officer, who had been working as a contractor at his father’s business while on leave. The officer reportedly did poor contracting work, lied about having retired as an officer, and did not notify the department about working while using FMLA time. While the officer claims the department fired him solely because he took leave, he offers no evidence refuting the other reasons the department fired him.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 7, 2024, Case #: 5:21cv491, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Retaliation, Labor
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J. Boyle grants partial summary judgment to a utility pipeline firm in this suit for right-of-way to restore land on which it had begun to build a 600-mile underground line to funnel natural gas from West Virginia to North Carolina. Recently, the firm abandoned the project and now seeks permission to restore the land, and its motion is unopposed by the landowner.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 1, 2024, Case #: 4:18cv15, NOS: Land Condemnation - Real Property, Categories: Corporations, Environment, Property
J. Boyle finds the trial court erroneously granted the seller's motion for summary judgment because his knowledge of the underground sewer line, which was immovable and could not be detected by an ordinary inspection of the property, required him to disclose the line to the potential buyers, as he knew they intended to demolish the existing home and build a new one. However, questions of fact remain as to whether the sewer line would have inhibited the buyers' use of the property if they closed on the sale, and so their motion for summary judgment was properly denied. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: February 1, 2024, Case #: 2024-Ohio-341, Categories: Real Estate, Contract
J. Boyle grants a hospital’s motion to dismiss allegations of religious discrimination brought by an employee who claims the hospital did not provide her a religious exemption in regards to a Covid-19 vaccine mandate. However, the employee failed to name any discriminatory behavior to which the hospital subjected her, nor did she explain what religious beliefs on her part are in conflict with the mandate.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: January 23, 2024, Case #: 5:22cv507, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Boyle denies partial summary judgment for a medical imaging systems dealer after it sued a former field service engineer for compromising its trade secrets. The engineer had signed an ethics agreement in 2012 promising not to share confidential company information, but that was only contingent on his employment there, and he resigned in 2020. Also, the dealer has not provided specific enough documentation it alleges the engineer compromised to satisfy the trade secrets violation claim.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: January 19, 2024, Case #: 5:20cv657, NOS: Other Contract - Contract, Categories: Trade, Trade Secrets, Contract
J. Boyle denies Equifax’s motion to dismiss allegations of fair credit reporting law violations brought by a consumer after a credit company blocked her from accessing her account, even though it was the only way she could pay off her debt. The company began to report her debt to Equifax and other credit agencies as delinquent despite the fact it continued to block her access. The consumer contacted the company and the agencies regarding the matter, but none took any steps to remedy the situation and the delinquency affected her credit negatively. Because Equifax took no action and continued to report the consumer’s debt as delinquent, the consumer’s claim will proceed.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: January 19, 2024, Case #: 5:23cv279, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Boyle grants a city government’s motion for summary judgment after a Black former police lieutenant alleged that two of his white deputies racially discriminated against him when they called for a state and federal investigation into whether he was working a second job while on the clock for the city. As it was discovered, a third deputy initiated the investigation, which ultimately found that the lieutenant and the police chief, also a Black man working the same second job, had inconsistencies between recorded hours at both jobs, leading to their arrests. Thus, the lieutenant’s claims fail.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: January 18, 2024, Case #: 7:21cv130, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Boyle denies a North Carolina justice department employee’s motion for reconsideration after the department was granted its partial motion to dismiss her discrimination allegations. Because the employee did not amend her complaint after, for instance, claiming she found post-dismissal evidence of the department’s retaliation, her arguments for reconsideration are misplaced.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: January 10, 2024, Case #: 5:21cv371, NOS: Employment - Civil Rights, Categories: Discovery, Employment Discrimination, Employment Retaliation
J. Boyle grants a civilian and military training company’s second motion for preliminary injunction against a former employee who allegedly withheld confidential information, including copies of 98,000 emails. The company’s first motion was denied because up to that point, the former employee’s misappropriation of the information was speculative. Thanks to discovery in a related suit, it was found that the employee does possess said emails, which contain highly sensitive personal information about current employees. This is enough to demonstrate that the company is likely to succeed on the merits and existence of irreparable harm.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: January 8, 2024, Case #: 5:23cv334, NOS: Other Contract - Contract, Categories: Privacy, Discovery, Contract
J. Boyle grants a group of multiple individuals, including the North Carolina assistant attorney general, its motion to dismiss a charter school’s former CEO’s allegations that they have been involved in a racist conspiracy since 2007 to shut down the school. He says the group pressured him, a Black man known for opposing alleged race-based discrimination in the state’s treatment of charter schools, into continuing to use a financial services vendor that he accuses of filing false reports. Further, he claims members of the group destroyed his reputation through verbal attacks and deliberately influenced the vendor to create false reports in order to justify the school board’s revocation of the charter. However, the members of the group are protected by 11th Amendment immunity and, because the CEO’s claims are time-barred, supplemental jurisdiction is not applicable.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: December 20, 2023, Case #: 5:23cv220, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Jurisdiction
J. Boyle finds the lower court properly found for an insurance agency and salesman in a coverage dispute arising from a house fire. When the applicant signed the policy that listed only his deceased mother as policyholder, he should have been aware he would not receive any benefit from a future claim; therefore, the statute of limitations began to run when the application was submitted and expired more than four years before the applicant filed the present lawsuit. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: December 14, 2023, Case #: 2023-Ohio-4544, Categories: Civil Procedure, Insurance, Contract
J. Boyle grants, in part, a healthcare billing company's motion to seal or redact certain exhibits in a false claims case regarding its alleged failure to timely bill liable third-parties, costing Medicaid agency clients millions. Certain exhibits, such as those concerning industry-specific business processes, warrant redaction.
Court: USDC Northern District of Texas , Judge: Boyle, Filed On: December 13, 2023, Case #: 3:19cv920, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Civil Procedure, Health Care, False Claims
J. Boyle partially denies a tavern’s motion to dismiss an amended complaint filed by a promotional company of unauthorized display of two televised mixed martial arts championship fights. The company does not distinguish between the tavern itself and its two individual owners, and, therefore, fails to state a claim against either individual. However, the company has sufficiently claimed that the tavern has violated federal communications law, and discovery may proceed.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: December 13, 2023, Case #: 4:23cv17, NOS: Cable/Sat TV - Other Suits, Categories: Communications, Business Practices
J. Boyle grants American Express’s motion to stay litigation pending appeal of a separate case against Citibank involving identical concerns, namely that the financial institutions exploited active military servicemembers and veterans by charging exorbitant banking fees. The servicemembers and veterans brought class actions against the banks for violations of lending laws meant to protect them specifically. Because both suits are so similar, the outcome of the appeal will directly impact the outcome of the present suit, so the motion is reasonable.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: December 12, 2023, Case #: 5:22cv145, NOS: Banks and Banking - Other Suits, Categories: Banking / Lending, Military
J. Boyle denies a group of police officers’ motion for a judgment on the pleadings following allegations of unlawful arrest, excessive force and gross negligence brought by a father after the officers shot his son to death. The son made contact during a previous 911 call, during which he said he didn’t need help and if the police showed up, he would shoot them. The police traveled to the son’s property and rammed his car to disable it, then tried to arrest him. They claim he pointed a sawed-off shotgun at one of them, then shot him, killing him. Because it is unclear whether the police used excessive force taking into account the son threatened them with a gun, his father is allowed a short time to amend his complaint.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: December 12, 2023, Case #: 7:22cv199, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Police Misconduct
J. Boyle grants the federal government’s motion to strike 10 of 14 affirmative defenses presented by a seafood business owner who allegedly constructed retaining walls without permits in areas protected by the Clean Water Act. Because the government is seeking a civil penalty and injunction for the violation, not damages, it is not subject to defenses the owner uses here, such as estoppel, laches and unclean hands. Other of his defenses are inadequately pleaded.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: December 6, 2023, Case #: 2:23cv1, NOS: Environmental Matters - Other Suits, Categories: Environment, Government, Maritime
J. Boyle finds that evidence during defendant's trial on domestic violence and child endangerment satisfied all elements of the offenses, including the creation of a substantial risk of serious harm. The corporal punishment administered, which included whipping the victim with a belt with such force that he had visible bruises the next day and could not walk into school, was not a reasonable form of parental discipline. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: November 30, 2023, Case #: 2023-Ohio-4316, Categories: Evidence, Domestic Violence, Child Victims
J. Boyle denies a Japanese restaurant's motion for default judgment on its trademark action against a sushi restaurant with the same name. The Japanese restaurant fails to provide facts to show an overlap between the two businesses' customer bases, that the sushi restaurant has an intent to confuse customers, or that there is actual confusion.
Court: USDC Northern District of Texas , Judge: Boyle, Filed On: November 28, 2023, Case #: 3:23cv1285, NOS: Trademark - Property Rights, Categories: Trademark