36 results for 'judge:"Schroeder"'.
J. Schroeder grants, in part, two blind individuals' and two advocate groups' motion for injunctive relief pertaining to their claim a health care system does not accommodate the blind. Because the individuals have shown they will suffer irreparable harm without an injunction, and the balance of hardships and public interest weigh in favor of imposing it, the health care system is order to provide material information to patients in accessible formats, such as large print or Braille.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: June 22, 2023, Case #: 1:18cv994 , NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Health Care, Injunction
J. Schroeder denies, in part, a university's motion to dismiss an individual's claims related to the school's decision not to hire her as a fencing coach. She has sufficiently pleaded allegations to support her claim for discrimination and retaliation based on the school's attempt to blackball her due, in part, to the fact she is a sexual assault victim and whistleblower.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: June 13, 2023, Case #: 1:22cv513, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination, Whistleblowers, Employment Retaliation
J. Schroeder finds that the district court properly ruled in favor of produce distributors after a bench trial concerning the application of a California labor law enacted to protect workers whose labor has been outsourced to a labor provider. Under a statute of California Labor Code, an outsourcing entity, known as a “client employer,” is liable for the laborers’ wages if the laborers’ work is within the outsourcers’ “usual course of business.” Strawberry pickers sought to hold strawberry growers liable for their wages as “client employers.” In 2018, the growers stopped paying the pickers and later filed for bankruptcy. The strawberry pickers were not performing labor within the “usual course of business” as defined by the statute. Affirmed.
Court: 9th Circuit, Judge: Schroeder, Filed On: June 1, 2023, Case #: 22-55119, Categories: Agriculture, Employment, Class Action
J. Schroeder finds for an insurer accused of failing to provide indemnification in underlying civil rights claims involving a police assault because the policy contained an exclusion for assault and battery claims, and a prior judgment premised on negligence counts does not apply. Meanwhile, the insurer timely disclaimed coverage.
Court: USDC Western District of New York, Judge: Schroeder , Filed On: June 1, 2023, Case #: 1:19cv297, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance, Indemnification
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J. Schroeder denies a CBD products manufacturer's motion to dismiss a CBD oil supplier's negligent misrepresentation counterclaim in connection with the manufacturer's $500,000 loan to the supplier to upfit a CBD production facility. There are disputes of fact regarding the type of oil the manufacturer claimed to need and how much it planned on purchasing from the supplier, which plausibly induced the supplier to lease and upfit the facility.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: May 26, 2023, Case #: 1:22cv555, NOS: Negotiable Instrument - Contract, Categories: Contract