69 results for 'judge:"Kirsch"'.
J. Kirsch finds for a company in claims contending the Russia Act was unconstitutionally applied when a contract was not renewed on grounds that a Japanese parent company also owned a Russian company. The state law was overbroad in prohibiting conduct allowed under federal sanctions, and the law interferes with the U.S. President's ability to discourage Russian intervention in Ukraine by allowing one state to "undercut" the federal approach to Russia's aggression. Meanwhile, the law prevents the U.S. from speaking with a unified voice in addressing the conflict in Ukraine.
Court: USDC New Jersey, Judge: Kirsch , Filed On: December 22, 2023, Case #: 3:23cv4044, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Constitution, Trade
J. Kirsch allows a student to continue certain claims contending Princeton University wrongfully sanctioned him after he was accused of sexual misconduct against a female student. The due process claims do not rise to a Title IX issue because evidence does not indicate the university only investigates complaints filed by female students, but contract claims may continue based on the contention that the school failed to interview a witness whose statements could have undermined the alleged victim's motivation.
Court: USDC New Jersey, Judge: Kirsch , Filed On: December 19, 2023, Case #: 3:22cv5887, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Due Process
J. Kirsch finds that the lower court improperly sentenced defendant for drug offenses, finding that he was ineligible for the safety valve because he qualified for a firearms enhancement. Just because a defendant qualifies for a sentencing enhancement does not necessarily mean that he does not qualify for the safety-valve relief. Vacated.
Court: 7th Circuit, Judge: Kirsch, Filed On: December 19, 2023, Case #: 23-2172, Categories: Drug Offender, Sentencing
J. Kirsch finds for the elementary school in claims contending an employee's contract was not renewed due to his disability. Other teachers complained the employee had not remained calm during a fire drill and had been agitated around children, and the statement that the employee's discharge would be "neat and clean" did not establish disability animus. Meanwhile, the employee's leave requests had all been granted.
Court: USDC New Jersey, Judge: Kirsch , Filed On: November 29, 2023, Case #: 3:18cv16354, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Employment
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J. Kirsch allows plaintiff to continue claims contending a truck driver tipped over a trailer containing a company's products and failed to pay for removal services. The complaint plausibly alleges the company and cargo group that employed the driver had entered a contract and that the cargo group failed to pay for the removal of hazardous substances from the crash site.
Court: USDC New Jersey, Judge: Kirsch , Filed On: November 17, 2023, Case #: 3:22cv6182, NOS: Other Contract - Contract, Categories: Contract
J. Kirsch rules in part for the owner of 14 horses in claims contending veterinarians failed to properly care for his thoroughbreds, causing them to lose hundreds of pounds and suffer open sores and severe "rain rot." Since neither party invokes the legal standard for veterinary malpractice, state medical malpractice standards apply, under which the owner sufficiently pleaded failure to diagnose and treat the horses. However, fraud claims should be dismissed since the owner had not paid the bills and since the complaint failed to specify the allegedly fraudulent misrepresentations.
Court: USDC New Jersey, Judge: Kirsch , Filed On: November 15, 2023, Case #: 3:22cv6927, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Medical Malpractice, Animal Cruelty
J. Kirsch allows plaintiff to continue certain pro se claims alleging police officers used excessive force in arresting plaintiff during a wellness check because the complaint merely contends plaintiff's arms had been ripped out of their sockets without detailing the circumstances of the arrest or the role the officers played. However, whether the officers' actions violated a constitutional right remains unclear.
Court: USDC New Jersey, Judge: Kirsch , Filed On: November 1, 2023, Case #: 3:21cv20352, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Kirsch finds that the lower court properly found for the VA in an employment retaliation suit. The employee engaged in serious misconduct when she violated a scope sterilization protocol, and the evidence supports the VA's claim that she was fired for this violation, not because her supervisor's boyfriend repeatedly made sexual comments to her. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: October 18, 2023, Case #: 22-2478, Categories: Employment Retaliation
J. Kirsch declines to impose sanctions against banks accused of seeking to foreclose on a home despite an automatic stay because the homeowners' meritless pleadings raised issues similar to claims that have been adjudicated, and the homeowners engaged in "harassing and vexatious conduct." Meanwhile, the banks have complied with court disclosure rules.
Court: USDC New Jersey, Judge: Kirsch , Filed On: October 17, 2023, Case #: 3:18cv15387, NOS: All Other Real Property - Real Property, Categories: Debt Collection, Sanctions, Discovery
J. Kirsch finds that the lower court improperly found for the employees, ruling that the Fair Labor Standards Act mandates overtime pay for the performance of incidental activities, even if the employee failed to comply with the requirements for payment imposed by the company's practice. In this case, the employees were only paid for incidental activities such as checking work emails during mealtimes if the time was recorded. Because this incidental activity is not "core" to the employee's duties, it is not required to pay for that time if the employee did not request payment for that time on their timesheets. Reversed.
Court: 7th Circuit, Judge: Kirsch, Filed On: October 5, 2023, Case #: 21-3309, Categories: Employment, Labor
J. Kirsch finds that the immigration board properly denied the Guatemalan immigrant's petition for asylum. The immigrant claims she will be persecuted on account of her Mayan ancestry if she returns to Guatemala, but cannot show the Guatemalan government is unable or unwilling to protect her. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: October 3, 2023, Case #: 22-2423, Categories: Immigration
J. Kirsch grants a nursing home sanctions in claims seeking a determination of whether the family of a now-deceased resident owes funds for the cost of care and residence. The decedent's son, a licensed attorney, has tried to obfuscate or delay resolution by failing to comply with discovery concerning funds held in the accounts.
Court: USDC New Jersey, Judge: Kirsch , Filed On: September 15, 2023, Case #: 3:18cv16020, NOS: Other Contract - Contract, Categories: Insurance, Sanctions
J. Kirsch finds that the lower court properly convicted defendant of armed robbery. The court properly allowed defendant's wife to testify against him because she was a co-conspirator, so the spousal testimonial privilege does not apply. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: September 5, 2023, Case #: 22-1502, Categories: Robbery, Witnesses
J. Kirsch finds that the lower court properly ordered defendant to complete a sex-offender assessment as a condition of supervised release. The presentence investigation report indicated that defendant had been convicted of an offense that involved the sexual assault of a minor. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: August 31, 2023, Case #: 22-1817, Categories: Probation, Sex Offender
J. Kirsch finds unconstitutional a state law prohibiting New Jersey, its political subdivisions and private entities from contracting to own or operate a facility which detains people for violations of civil immigration law. By preventing Immigration and Customs Enforcement from contracting with in-state companies to aid in its enforcement of federal immigration law, the state law violates the Supremacy Clause of the U.S. Constitution since immigration detention is a function that "is and always has been performed solely by the federal government."
Court: USDC New Jersey, Judge: Kirsch, Filed On: August 29, 2023, Case #: 3:23cv967, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Immigration, Preemption
J. Kirsch finds that the lower court properly found for the company in a tort suit filed by a truck driver injured while delivering products to one of the company's stores. The store did not owe the driver a duty of care, and it did not create an unsafe work area by placing pallets to be disposed of next to the dumpster. Further, the driver's expert's opinion regarding the allegedly unsafe "walkie" machine he was provided to unload the truck is unreliable. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: August 15, 2023, Case #: 22-2825, Categories: Tort, Negligence
J. Kirsch finds that the lower court properly found for the credit reporting agency on most claims stemming from the misreporting of a man's debt. The agency's initial reporting efforts were reasonable, but it did fail to note his dispute in later reports as the Fair Credit Reporting Act requires. Affirmed in part.
Court: 7th Circuit, Judge: Kirsch, Filed On: August 14, 2023, Case #: 21-2632, Categories: Debt Collection
J. Kirsch finds that the lower court improperly denied the cremation society's request to recover attorney's fees after defeating a software company's copyright allegations against it. The software company argued the society prevailed because of an intervening Supreme Court case, Google v. Oracle America, that made its fair use defense "ironclad," but the Supreme Court's ruling simply clarified the strength of that defense - it did not change the law. Vacated.
Court: 7th Circuit, Judge: Kirsch, Filed On: August 11, 2023, Case #: 22-1641, Categories: Copyright, Attorney Fees, Technology
J. Kirsch finds that the lower court properly dismissed the employee's claim that the company fraudulently induced her to join the company by making false assurances about its financial outlook and her prospects for career advancement. The court acted within its discretion to deny the employee's request to amend her complaint to add new claims. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: August 8, 2023, Case #: 22-1214, Categories: Employment, Fraud
J. Kirsch finds that the lower court properly convicted defendant of sex trafficking after allowing him to represent himself. Defendant had extensive experience with both appointed and retained defense counsel on prior criminal charges, understood the charges against him, and knowingly assumed the risks of representing himself. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: August 8, 2023, Case #: 19-2266, Categories: Sex Offender, Self Representation
J. Kirsch finds that the lower court properly convicted defendant of bank fraud and aggravated identity theft. The evidence was sufficient to prove that defendant knew the Social Security number he used to apply for multiple loans and credit cards was real. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: August 7, 2023, Case #: 22-1321, Categories: Fraud, Identity Theft
J. Kirsch finds that the lower court properly denied the nonprofit's request for a preliminary injunction to enjoin Indiana's law limiting the persons for whom the organization can pay cash bail. The payment of cash bail is not protected by the First Amendment, as the conduct itself does not communicate any message without additional explanatory speech. Further, the law is rationally related to the state's legitimate interest in regulating pretrial detention of criminal defendants. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: August 3, 2023, Case #: 22-2183, Categories: Civil Rights, Restraining Order, First Amendment
J. Kirsch finds that the lower court properly dismissed a vet's class action against an animal healthcare company's sending of two unsolicited faxes. The faxes do not indicate to a reasonable recipient that the company was promoting or selling some good or service as required by the Telephone Consumer Protection Act. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: July 24, 2023, Case #: 22-1304, Categories: Communications, Class Action
J. Kirsch finds that the lower court properly dismissed a class action against the school district accusing it of using excessive force against students with behavioral disabilities. There is no support for the parents' claims that the school district had a widespread practice of Fourth Amendment violations against students who struggle with self-regulation. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: July 20, 2023, Case #: 22-2527, Categories: Civil Rights, Education, Class Action