127 results for 'court:"USDC Western District of Oklahoma "'.
J. Dishman partially grants the former employer's dismissal motion in this lawsuit brought by a former employee asserting discrimination claims under Title VII. The former employee fails to state a claim for racial discrimination. She bases her claim on the race of her significant other, but she fails to show an "adverse employment action because of her association with minorities." Her sex discrimination claim survives dismissal, however, as she alleges that she was sexually assaulted by a supervisor and constructively discharged.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: November 6, 2023, Case #: 5:21cv1057, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. DeGiusti enters an agreed protective order in this Miller Act case, "governing confidential and private material" produced during discovery. The order covers commercially sensitive information, as well as proprietary information, trade secrets and documents containing personally identifiable information.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: November 3, 2023, Case #: 5:22cv719, NOS: Miller Act - Contract, Categories: Civil Procedure, Discovery
J. Friot grants summary judgment to the former employer as to the claims brought by one of the individual plaintiffs in this lawsuit alleging gender discrimination and a failure to pay overtime wages. The former employer provides a legitimate basis for the employee's termination, and the former employee fails to establish pretext, specifically on a disparate treatment theory. Additionally, the former employee failed to "keep track of the overtime hours she worked."
Court: USDC Western District of Oklahoma , Judge: Friot, Filed On: October 23, 2023, Case #: 5:21cv501, NOS: Fair Labor Standards Act - Labor, Categories: Employment Discrimination, Labor
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J. Friot grants the former employer's motion for summary judgment as it relates to one of the individual plaintiffs in this suit alleging gender discrimination and a failure to pay overtime. The employer has provided a legitimate basis for the former employee's termination, and the employee fails to show that the reason was pretextual. Additionally, she testified that she did not know how much overtime she worked "for which she was not compensated."
Court: USDC Western District of Oklahoma , Judge: Friot, Filed On: October 23, 2023, Case #: 5:21cv501, NOS: Fair Labor Standards Act - Labor, Categories: Employment Discrimination, Labor
J. Russell partially grants the defendant servicing company's dismissal motion in this class action concerning an alleged data breach. The student plaintiffs' invasion of privacy claims will be dismissed against the company, as they fail to properly state a claim upon which relief could be granted. Their other claims survive, however, including their claims for negligence and negligence per se, with respect to the Federal Trade Commission Act.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: October 19, 2023, Case #: 5:23cv99, NOS: Other Contract - Contract, Categories: Education, Negligence, Banking / Lending
J. Russell partially grants the Oklahoma Student Loan Authority's dismissal motion as to certain claims against it in this class action concerning an alleged data breach, in which the student plaintiffs' personal information was allegedly "obtained by malicious actors." The plaintiffs' claims for negligence per se and invasion of privacy are dismissed against the OSLA. Their claims for negligence and negligent hiring, training and supervision survive dismissal.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: October 19, 2023, Case #: 5:23cv99, NOS: Other Contract - Contract, Categories: Education, Negligence, Banking / Lending
J. DeGiusti grants the defendant bank's motions to compel discovery in this lawsuit arising from the alleged denial of an individual's loan application. The loan applicant, who contends that the denial was based on race, is ordered to "supplement his discovery responses" and to "produce all responsive documents" within 30 days of this order.
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: October 13, 2023, Case #: 5:20cv946, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Discovery, Banking / Lending
J. Wyrick rules that the plaintiff truck driver is entitled to both compensatory and punitive damages in this lawsuit alleging that the defendant trucking company violated Section 1981 "by terminating his employment contract in part because of his race," as well as a state law claim for unpaid wages. The clerk previously entered default against the defendant company, which "filed no answer or other responsive pleading." The court concludes that punitive damages are warranted under the circumstances, based on the driver's "federally protected right to be free from racial discrimination."
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: October 5, 2023, Case #: 5:22cv583, NOS: Employment - Civil Rights, Categories: Employment, Damages, Employment Discrimination
J. Goodwin grants the board defendants' dismissal motion as to the former police chief's federal claims for failure to state a claim. The former chief contends that his termination was in retaliation for his "engaging in protected speech addressing a matter of public concern," but he fails to establish his claims under Section 1983. Specifically, his communications were made pursuant to his official duties. The court also declines to exercise jurisdiction over his state law claims.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: September 29, 2023, Case #: 5:22cv773, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Jurisdiction
J. Goodwin grants the state's dismissal motion in this lawsuit brought by a former employee alleging violations of her rights in connection with her termination. She specifically contends that her termination was based on age and gender discrimination, as well as retaliation for "reports of sexual harassment of other employees." However, the allegations do not establish gender bias under Title VII. The court also declines to exercise jurisdiction over her state law claims.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: September 29, 2023, Case #: 5:22cv1095, NOS: Employment - Civil Rights, Categories: Jurisdiction, Employment Discrimination, Employment Retaliation
J. Friot denies the Halliburton defendants' post-trial motions in this lawsuit arising from a motor vehicle accident. The negligent entrustment claim was properly submitted to the jury, as "the facts underlying the negligent entrustment claim can be argued either way." Also, they were not prejudiced by certain trial testimony provided by the plaintiff driver's treating physician.
Court: USDC Western District of Oklahoma , Judge: Friot, Filed On: September 29, 2023, Case #: 5:22cv159, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Negligence
J. Goodwin grants in part the employer's partial motion to dismiss in this employment discrimination lawsuit. The former employee contends that the reasons given for her termination were pretextual, and she asserts claims for age and gender discrimination, as well as disability discrimination. The claims that remain pending include her claims for Family and Medical Leave Act interference and age discrimination under the Age Discrimination in Employment Act.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: September 29, 2023, Case #: 5:21cv94, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Wyrick partially grants the United defendants' dismissal motion in this breach of contract lawsuit arising from a car accident and the plaintiff motorist's subsequent medical care. The plaintiff motorist, who underwent multiple fusion procedures after "months of conservative treatment," fails to establish personal jurisdiction over two of the United defendants, due to their lack of minimum contacts.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: September 29, 2023, Case #: 5:22cv878, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction
J. Palk denies the defendant insurance company's motion for partial summary judgment in this lawsuit concerning coverage under a commercial property insurance policy following a hailstorm. The company seeks summary judgment as to the nonprofit agency's bad faith claim. However, there are issues of fact regarding the insurance company's "investigation and conclusion as to the interior water leaks."
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: September 27, 2023, Case #: 5:20cv1183, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Wyrick grants the defendant company's summary judgment motion in this employment discrimination lawsuit brought by a former employee who alleges that her employment was terminated due to her age. The employee contends that her position was eliminated and she was not offered a new position, unlike two "substantially younger" employees. However, the company has given a non-discriminatory reason for her termination, and the employee fails to establish pretext.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: September 26, 2023, Case #: 5:22cv606, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Russell grants the defendant employer's motion for summary judgment in this lawsuit brought by a former respiratory therapist, who alleges that her termination was "racially motivated." The respiratory therapist's Title VII claim is time-barred. Also, she fails to show that the employer's given reason for her termination was pretextual. The employer contends that she breached hospital policy "by making inappropriate statements to a patient's family member," and the record shows that a second employee was also terminated for her role in the incident.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: September 25, 2023, Case #: 5:22cv670, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. DeGiusti grants the defendant store owners' motions for summary judgment in this lawsuit alleging false arrest, malicious prosecution and other causes of action, based on an incident at a grocery store where the individual plaintiff was allegedly arrested for trespass. The individual's Fourth Amendment claim fails against the owners of the store. There is also no evidence that they "restrained plaintiff against his will or arrested him."
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: September 20, 2023, Case #: 5:20cv266, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence
J. Palk declines the defendant claims administrator's request to strike certain affidavits in this lawsuit brought under the Employee Retirement Income Security Act concerning the denial of benefits under a group health plan. The court notes that it can consider "matters outside the administrative record" under the circumstances. The company's request to file a surreply is granted, as "additional briefing is warranted."
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: September 15, 2023, Case #: 5:20cv1012, NOS: Insurance - Contract, Categories: Civil Procedure, Erisa
J. Dishman grants the defendant officer's dismissal motion in this civil rights action stemming from an individual's arrest, after the individual was allegedly stopped for failing to wear a seatbelt. The driver was cited for the seatbelt violation, along with attempting to elude police and illegal tag display. However, he fails to establish his claim that the officer "violated his constitutional right to travel" or that the subsequent impoundment and search of his car were unconstitutional.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: September 14, 2023, Case #: 5:22cv12, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution