456 results for 'court:"USDC Maryland"'.
J. Griggsby grants, in part, an employer, its member company and a labor union’s motion to dismiss this employment dispute brought by a, Black employee. The employee alleges he was refused a promotion because of his race and over the age of 40. His complaint is time-barred but there are sufficient facts to state a plausible claim against the union.
Court: USDC Maryland, Judge: Griggsby, Filed On: March 7, 2024, Case #: 1:23cv1439, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation, Labor / Unions
J. Russell grants, in part, a retirement communities’ motion to dismiss allegations of religious discrimination, retaliation, Genetic Information Nondiscrimination Act violations and ADA violations when they imposed a Covid-19 vaccine mandate for all employees brought by former employee. The employee states she submitted medical and religious exemption requests before she was fired for not complying with the mandate. She fails to exhaust her remedies for the GINA and ADA retaliation claims. The rest of the claims are denied, and the communities must answer the complaint as required by the Federal Rules of Civil Procedure and this court’s local rules.
Court: USDC Maryland, Judge: Russell, Filed On: March 6, 2024, Case #: 1:23cv12221, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Covid-19, Employment Retaliation
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J. Russell grants two corporate officers’ motion to dismiss this ERISA lawsuit brought by a pension fund, alleging the officers and a corporation failed to pay into its union fund as required under the collective bargaining agreement. Corporate officers “do not become fiduciaries solely by virtue of their corporate position, even if the corporation is a fiduciary, ‘unless it can be shown that they have individual discretionary roles as to plan administration.’” The corporation argues the claim to seek an audit should be dismissed due to the audit request being a remedy and not a cause of action. Therefore, the court finds the complaint does not allege the officers were fiduciaries under ERISA, but the fund and corporation clearly permit an audit of its books and records. The corporation’s motion for partial dismissal is granted.
Court: USDC Maryland, Judge: Russell, Filed On: March 4, 2024, Case #: 1:23cv440, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Pensions
J. Chuang denies cross-motions for summary judgment in this ADA dispute brought by a firefighter against the county for failure to hire him because he’s deaf. The firefighter argues that the county failed to conduct an individualize assessment of his abilities, failed to determine if he could perform the operational firefighter position with accommodations and imposed a financial burden on him because of his disability. The county argues his claims are not proper because it is not an employment position, it is a volunteer position, and since he cannot meet the hearing standard, he would have to be in an administrative position. The material fact is whether a reasonable accommodation can be made for the firefighter considering he declined the administrative position.
Court: USDC Maryland, Judge: Chuang, Filed On: March 4, 2024, Case #: 8:20cv2929, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment
J. Rubin grants summary judgment in favor of a medical center in this employment dispute brought by a former employee. The employee alleges she was terminated after requesting accommodations for her pregnancy complications. The evidence shows she was terminated for poor performance, and her counter-evidence fails to show this was mere pretext to fire her.
Court: USDC Maryland, Judge: Rubin, Filed On: March 4, 2024, Case #: 1:20cv3523, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Wright grants an estate planner motion to transfer this contract dispute to Maryland federal court. The factor of convenience and justice for witnesses, familiarity with the governing law, litigation cost and compulsory process favors the transfer. Therefore, all dates and deadlines shall be vacated, and the clerk of court shall transfer the case.
Court: USDC Maryland, Judge: Wright, Filed On: March 1, 2024, Case #: 1:24cv625, NOS: Other Contract - Contract, Categories: Venue, Contract
J. Hurson denies a California resident’s motion for a temporary restraining order and preliminary injunction to prevent the cannabis administrator and its director from issuing any cannabis licenses under the social equity lottery. The court finds that the dormant commerce clause does not apply to the recreational cannabis industry and the resident fails to demonstrate enough to succeed on the merits.
Court: USDC Maryland, Judge: Hurson, Filed On: February 27, 2024, Case #: 1:24cv273, NOS: Civil Rights - Habeas Corpus, Categories: Government, Injunction
J. Xinis grants a homeowner’s motion for summary judgment and denies a merger mortgage company’s cross motion for summary judgment in this RESPA case regarding money owed on a mortgage. The homeowner alleges he has suffered from emotional distress stemming from a form sent to credit reporting agencies, and a reasonable juror could find that he did in fact suffer the emotional distress. The court agrees with the lender, that the borrower may not seek statutory damages.
Court: USDC Maryland, Judge: Xinis, Filed On: February 22, 2024, Case #: 8:19cv2797, NOS: Other Statutory Actions - Other Suits, Categories: Property, Emotional Distress, Banking / Lending
J. Boardman grants, in part, summary judgment in favor of the Food and Drug Administration, its commissioner and a technology company in this Freedom of Information Act claim brought by two other firms. The firms alleged the FDA is improperly withholding the tech company’s emergency use request. The court finds the disclosure is protected by exemption four and precluded by the Trade Secret Act. Summary judgment is granted to the government on all but three copies of the communication between the FDA and the tech company. The two firms’ request to open discovery is denied.
Court: USDC Maryland, Judge: Boardman, Filed On: February 21, 2024, Case #: 8:23cv489, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Public Record, Discovery
J. Xinis grants the former business partners, the state attorney office, investigators and prosecutors’ motion to dismiss this criminal investigation and prosecution of a Persian man. The man claims common law and constitutional torts were violated when he was investigated and prosecuted for criminal theft. He failed to show or cure any pleading defects in his complaint. Therefore, all claims are dismissed and his motion for leave is denied.
Court: USDC Maryland, Judge: Xinis, Filed On: February 20, 2024, Case #: 8:23cv1357, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution, Tort
J. Xinies denies an insurer and its third-party vendor’s motion for summary judgment in this class Telephone Consumer Protection Act action brought by an insured. The consumer was in a vehicle accident and contacted his insurer to start a claim, the following day the vendor started contacting by a voice recording phone call in an attempt to schedule an independent medical exam. The insurer was to contact the attorney regarding the vehicle accident and consumer. Therefore, a factfinder could find that the vendor was undermining any claims by contacting the consumer and not his attorney.
Court: USDC Maryland, Judge: Xinis, Filed On: February 14, 2024, Case #: 8:21cv2746, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Insurance, Vehicle, Negligence
J. Coulson denies cross motions for summary judgement in this employment dispute between a former employee and Ikea. The former employee claims she was wrongfully terminated after filing a complaint with the EEOC for retaliation. There is a genuine dispute of material facts that exists regarding the employee’s ability to show she was unlawfully retaliated against.
Court: USDC Maryland, Judge: Coulson, Filed On: February 14, 2024, Case #: 1:22cv1377, NOS: Employment - Civil Rights, Categories: Employment Retaliation
J. Rubin grants, in part, the property owners’ motion for summary judgment on liquidated damages in this dispute involving an insurer’s failure to pay out on an insurance claim and refused to defend the owners from a neighbor’s lawsuit over flooding on their property. In a previous court order the owners were granted partial summary judgment for the contract claim and it was determined there was a duty to defend for the insurer. The parties have filed a joint stipulation for the attorney fees. The owners now argue how prejudgment interest should be calculated and indemnification for unpaid or future attorney fees and expenses. Therefore, the joint stipulation for attorney fees and expenses, and the owners are entitled to prejudgment interest summary judgment is granted. The owner’s motion as to identification is denied but they may seek an award or move to amend judgment if entitlement matures in the future.
Court: USDC Maryland, Judge: Rubin, Filed On: February 14, 2024, Case #: 1:20cv1012, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Attorney Fees
J. Boardman dismisses this employment dispute in favor of the Maryland human services department alleging disability discrimination, retaliation and FMLA violation by a former employee. The employee alleges that, when he was out on FMLA, a supervisor requested him to come into the office and terminated him, interfering with his leave. He fails to plausibly allege he is entitled to judgment on the basis of disability or an adverse reaction. The motion for discovery is denied as moot, but the employee may provide a proposed amended complaint.
Court: USDC Maryland, Judge: Boardman, Filed On: February 13, 2024, Case #: 8:23cv1577, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Maddox partially grants a construction company and its driver’s motion for leave to file a surreply in opposition to insurer’s motion to stay and to extend discovery in this argument over whether the insurer has a duty to cover a vehicle accident under its policy. The insurer’s motion to stay is denied and its motion to extend discovery is granted with discovery being reopened for 30 days. Pretrial dispositive motions must be filed no later than April 5, 2024.
Court: USDC Maryland, Judge: Maddox, Filed On: February 13, 2024, Case #: 8:22cv1637, NOS: Insurance - Contract, Categories: Insurance, Discovery
J. Abelson denies the city’s motion to dismiss in this employment dispute allowing the claims to proceed in discovery. The former employee, who is Black and Muslim, says he was fired in retaliation for requesting out-of-title pay within six months of his promotion. He plausibly stated sufficient facts for protected activity, unlawful retaliation and adverse reaction.
Court: USDC Maryland, Judge: Abelson, Filed On: February 12, 2024, Case #: 1:22cv2367, NOS: Employment - Civil Rights, Categories: Discovery, Employment Retaliation
J. Russell grants a credit union’s motion to dismiss in this vehicle loan dispute brought by a buyer. The buyer says the credit union did not provide the correct disclosures, violating Truth in Lending Act, and that he filed to rights of recission letters that were not answered. He fails to establish an claims under the Act or for unauthorized use. The credit union’s motion to strike the purchaser’s surreply is denied.
Court: USDC Maryland, Judge: Russell, Filed On: February 9, 2024, Case #: 1:22cv3247, NOS: Truth in Lending - Torts - Personal Property, Categories: Banking / Lending
J. Russell denies a husband’s motion to dismiss this lawsuit alleging defamation and invasion of privacy. The husband’s wife had an extramarital affair with a man she met on a dating website; after she reconciled with her husband, the paramour had to get a peace order against the irate husband. After the peace order expired, the police stated to the paramour he was under investigation for circulating videos of his sexual encounters with the woman without her consent, but the allegations were later shown to be false. The husband and wife made a website to make false accusations regarding the lover and several of his friends. Since the statements were known to be false, they were made with actual malice, and the defamation and false light invasion of privacy claims persist.
Court: USDC Maryland, Judge: Russell, Filed On: February 7, 2024, Case #: 1:21cv3124, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Defamation, Privacy
J. Russell grants the Federal Emergency Management Agency’s motion to dismiss this employment dispute brought by a former logistics management specialist alleging discrimination, failure to hire and unlawful termination due to her race, sex and autism disability. The specialist’s claims are untimely and unexhausted making dismissal appropriate. Therefore, she cannot exhaust administrative remedies her motion to amend pleading is denied.
Court: USDC Maryland, Judge: Russell, Filed On: February 7, 2024, Case #: 1:22cv2355, NOS: Employment - Civil Rights, Categories: Civil Procedure, Civil Rights, Employment Discrimination
J. Russell grants, in part, a mortgage company’s motion to dismiss this RESPA case regarding a class of homeowners’ escrow accounts. The homeowners allege and shows the mortgage company failed to pay property taxes from the escrow accounts. The homeowners failed to show any damages as the mortgage company failing to respond to QWR letters. Therefore, the motion to dismiss the QWR letters is dismissed.
Court: USDC Maryland, Judge: Russell, Filed On: February 7, 2024, Case #: 1:22cv2933, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Real Estate, Banking / Lending
J. Messitte denies an employer’s motion to strike and grants its motion to dismiss in this amended complaint for FMLA interference brought by a former employee. The employee says the company declined to let her return to work a month after she suffered multiple injuries; she was fired 10 months later. The complaint fails to show the employer made any misrepresentation about her FMLA rights, however.
Court: USDC Maryland, Judge: Messitte, Filed On: February 7, 2024, Case #: 8:23cv1482, NOS: Family and Medical Leave Act - Labor, Categories: Civil Rights, Employment, Tort
J. Russell grants the National Security Agency’s motion for summary judgment following two requests for the disclosure of records under the Freedom of Information Act suit brought by a man seeking intelligence records. The man argues that the agency withheld the records in bad faith. The court sees no bad faith and finds the agency did cooperate by sending him many letters informing him they needed additional information.
Court: USDC Maryland, Judge: Russell, Filed On: February 7, 2024, Case #: 1:21cv2412, NOS: Other Civil Rights - Civil Rights, Categories: Government, Public Record
J. Russell grants summary judgment in favor of a restaurant group in civil rights dispute brought by a Black mother, her son and her friend. The mother alleges that the three of them went to have dinner at one of the restaurants and they were singled out, because of their race, and asked to change her son’s shorts or leave the restaurant. She observed another child that was of the white race wearing a similar outfit, when she asked why it was OK for that child, she was told they were different outfits. The posted dress code allowed for the white child’s khaki shorts, but not the Black child’s basketball shorts.
Court: USDC Maryland, Judge: Russell, Filed On: February 7, 2024, Case #: 1:20cv2226, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence