83 results for 'court:"USDC Western District of Wisconsin"'.
J. Peterson finds for the rubber mat flooring manufacturer in a lawsuit from a sports flooring installation company claiming the manufacturer breached their contract by declining to purchase the company by a previously agreed upon deadline despite assuring it was still interested in the purchase after closing was delayed a year by the Covid-19 pandemic. Nothing in the text of the parties' agreement requires the manufacturer to go through with the purchase, as the agreement unambiguously gives it the option to do so or not without obligation.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: July 26, 2023, Case #: 3:22cv244, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Peterson finds for the company overseeing a chain of home improvement stores in the consumer's proposed class action claiming it unlawfully charged a hidden $1.40 handling fee for items purchased online that were then picked up in a store. The company's renewed motion to compel arbitration of the consumer's unjust enrichment and consumer protection claims is granted, as the claims are covered by the broad language of the arbitration clause in the terms the consumer automatically agreed to by completing her purchase on the company's website, and the text and hyperlink at the bottom of the purchase page counts as giving reasonable notice of those terms. Arbitration is compelled, and the case is dismissed without prejudice.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: July 26, 2023, Case #: 3:22cv444, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Consumer Law, Class Action
J. Peterson denies the brother's motion to dismiss the sister's lawsuit, which alleges that the brother and the corporate officer fraudulently induced her to sell her 20% ownership interest in her family's company for $1.3 million, only for the brother and the corporate officer to sell the company for $162 million 15 months later, denying her $32 million in the process. The sister plausibly alleges that the brother and the corporate officer fraudulently induced her to sign the redemption agreement because they withheld key information, such as how the brother and the corporate officer regularly received offers to buy the company, which could have changed her mind about selling her shares at that time.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: July 24, 2023, Case #: 3:22cv400, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Contract
J. Peterson denies the brother, corporate officer and company's motion to dismiss the sister's lawsuit claiming she was deceived and pressured into selling her 20% ownership interest in the family business for $1.3 million before the brother sold the company one year later for $162 million, effectively defrauding her of around $32 million she would have received from the sale if she had not unloaded her shares at a falsely deflated value. The sister has pleaded her claims, including those for federal-law securities fraud and state-law fraud, breach of fiduciary duty and civil theft, with sufficient clarity and specificity, so all 15 claims survive.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: July 24, 2023, Case #: 3:22cv400, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Fiduciary Duty
J. Conley finds for the county in a lawsuit from property owners bringing claims over the installation of three stormwater retention ponds directly across from their farmland which they say caused water to pool on their land and negatively impact their growing seasons. In part because the property owners have no admissible evidence that the county intended to flood their farmland or could have reasonably foreseen that installing the retention ponds would cause that to happen, their takings claims under the Fifth Amendment and the Wisconsin Constitution fail. The county's motion for summary judgment is granted as to the takings claims, and the property owners' state-law nuisance claim is remanded to the circuit court.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: July 19, 2023, Case #: 3:22cv198, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Property
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Peterson finds for the county and sheriff's deputies in a lawsuit from a citizen claiming he was arrested with excessive force and without probable cause while recording with his phone the aftermath of a car accident on the highway in front of his house. While it's a close call, the deputies could be reasonably said to have probable cause to arrest the citizen for disorderly conduct or obstructing their investigation based on his behavior, including getting into angry interactions with and getting in the way of the deputies and a tow truck driver at the scene of the accident. Despite the citizen's claims that he could not breathe while officers briefly pinned him to the ground and handcuffed him after he resisted arrest, the deputies used reasonable force when arresting him. The deputies are entitled to qualified immunity, the citizen's false arrest and excessive force claims fail, and the county and deputies' motion for summary judgment is granted.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: July 19, 2023, Case #: 3:22cv121, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
J. Conley denies the outdoor products manufacturer's motion to dismiss the e-commerce firm's counterclaims in its lawsuit alleging the firm did not pay for thousands of camping products it provided to be sold through the firm's platform. In part because the firm has plausibly alleged that the company sold its products to Amazon despite repeatedly orally assuring during negotiations that it would not do so, its breach of contract and intentional misrepresentation counterclaims survive.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: July 18, 2023, Case #: 3:23cv101, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Conley finds Union Pacific has brought nothing to refute the jury's verdict in the former conductor's favor in his disability discrimination lawsuit claiming Union Pacific refused to re-certify him as a conductor due to his hearing impairment, so its post-trial motion for judgment as a matter of law is denied. The conductor's motion for attorney fees is granted in part, and Union Pacific is ordered to pay his lawyers $1,219,570 in adjusted fees and $104,110 in costs.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: July 12, 2023, Case #: 3:18cv37, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Attorney Fees
J. Peterson partially grants motions in limine and to exclude expert testimony in the furniture retailer's breach of contract lawsuit claiming it is owed a refund for an order management system the e-commerce firm provided which failed to satisfy the retailer's requirements. The firm's motions in limine to exclude evidence about its failure to properly "size" the disputed project and to exclude evidence about whether it knew of the retailer's requirements and whether crucial software involved would meet those requirements are granted, as are two other related motions, and still two others involving evidence about the parties' agreements and whether the retailer can claim restitution are reserved. The retailer's motion to exclude expert testimony about the reasons for change in scope of the project and other details about its timing and scope are granted, and the retailer's motion for a ruling allowing it six days to present its case at trial is denied, as updated trial estimates will be discussed at the final pretrial conference.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: July 11, 2023, Case #: 3:21cv622, NOS: Other Contract - Contract, Categories: Tort, Experts, Contract
J. Conley partially grants motions in limine from the father, the therapist, the clinic and insurance companies in the father's medical malpractice lawsuit alleging that, during behavioral health therapy, the therapist planted false memories in his daughter's head that he raped her as a child. The father's motions to exclude testimony mentioning the net worth of his own father and two criminal charges he faced in his past are granted, and his motion to exclude testimony on whether he and his wife acted appropriately as his daughter's parents, especially regarding their reaction to alleged abuse of the daughter by her cousin, is denied. The therapist's, insurance companies' and clinic's motions to exclude opinion testimony about any other witness's credibility and testimony about the doctor's psychological state when she testified at a child protective services case are granted, and the therapist's motion to exclude testimony from a doctor testifying as an expert for the father concerning his opinion that she is the "worst" or "most incompetent" therapist he has encountered is denied, so long as he does not get into hyperbole and sticks to what is filed in his expert report. Other motions in limine regarding admissible testimony and other matters, including regarding the therapist's quality of care and other false memory lawsuits, are reserved for discussion at the final pretrial conference.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: June 28, 2023, Case #: 3:20cv814, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Evidence, Tort, Medical Malpractice
J. Peterson finds in favor of the patent holder in his lawsuit alleging the medical supply company breached a settlement agreement from his previous patent infringement suit by ceasing paying him royalties from the sale of certain medical products covered by his patent. Even in light of a claim construction of the patent in a recent federal circuit court decision, the settlement agreement requires the company to pay the disputed royalties, and the company's unreasonable interpretation allowing it to avoid paying and revive litigation would undermine the central, unambiguous purpose of the agreement. The patent holder's motion for judgment on the pleadings as to the company's liability is granted, the company is ordered to pay him $498,178 in withheld royalties and the parties are ordered to bring filings arguing whether he is entitled to prejudgment interest.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 27, 2023, Case #: 3:22cv381, NOS: Other Contract - Contract, Categories: Patent, Settlements, Contract
J. Conley denies Target's motion to transfer the technology company's lawsuit alleging Target's infringement of patents for mobile apps to help customers in find products in a store to the District of Minnesota. In part because the company's location in Mequon, Wisconsin and Target's location in Minneapolis, Minnesota do not make travel to the Madison, Wisconsin district court overly burdensome, Target has failed to show how the District of Minnesota or the Eastern District of Wisconsin are more convenient forums for the parties or witnesses, so the case will remain where it was filed.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: June 26, 2023, Case #: 3:22cv425, NOS: Patent - Property Rights, Categories: Patent, Venue
J. Conley orders Enbridge to stop operating portions of its oil and gas pipeline on the Chippewa tribe's reservation lands within three years, in part given Enbridge has been found to be trespassing on the lands under expired easements and the potential environmental impacts of ongoing riverbed erosion damaging the pipeline. Enbridge is also ordered to pay the tribe $5.1 million in damages for trespass calculated based on profits it netted while trespassing, additionally pay the tribe for each quarter it continues to trespass and adopt a modified, "more conservative" version of its proposed emergency shutdown plan for the pipeline. An immediate shutdown of the pipeline is not ordered, as the threat of rupture is not imminent and such an abrupt shutdown could severely disrupt markets for oil and natural gas and burden low-income energy consumers.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: June 16, 2023, Case #: 3:19cv602, NOS: Torts to Land - Real Property, Categories: Environment, Tort, Native Americans
J. Peterson finds for the city and police detective in a citizen's lawsuit claiming he was falsely arrested without probable cause after an incident in which a woman he claims pressured him to have sex with her demanded he pay her for it, forced him to drive to an ATM at knifepoint and stabbed him when he tried to run away in a gas station parking lot. Though the two subjects' stories differed on key details, the detective made reasonable judgments about the credibility of the citizen and the woman when he arrived at the violent scene at the gas station and ultimately arrested the woman for armed robbery and other charges and arrested the citizen on a prostitution charge, particularly given the woman's self-incriminating statements establishing that the citizen had paid her for sex. Because the detective is shielded by qualified immunity, summary judgment is granted to him and the city and the case is closed.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 13, 2023, Case #: 3:21cv817, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
[Consolidated] J. Peterson finds partially in favor of the county officials and jail medical services companies in the husband’s lawsuit alleging deliberate indifference in their failure to provide his wife with her medications, leading to her death from a heart attack while incarcerated. The officials' and companies’ motion to dismiss is largely denied with the exception of an individual capacity claim against a police captain who oversaw the jail, as the husband has done enough to plausibly allege unconstitutional policies which cause the companies to provide “cheap and inferior health care,” but he has not shown the captain was himself involved with his wife’s care. The husband’s objections to the magistrate judge’s previous discovery order are sustained, and the magistrate’s order quashing the husband’s subpoenas is set aside and he is allowed to pursue legal documents and settlement agreements that might be relevant to his Monell claims.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 13, 2023, Case #: 3:20cv1123, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Negligence
J. Conley finds for the laundry and linen company in a lawsuit from a Black employee claiming she was fired as retaliation for complaining about racial harassment she faced from a coworker. In part because her supervisor relocated her to a different department after she complained about the single race-based comment from the coworker in the record, the employee has not alleged harassment severe enough to support a hostile work environment claim, and her retaliation claim fails because the record does not show she was fired for her complaints instead of her low productivity numbers. Summary judgment is granted to the company and the case is closed.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: June 12, 2023, Case #: 3:22cv53, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Peterson finds for the police officer in a lawsuit from a middle school art teacher who was fired from her job after the officer recommended she be prosecuted for first-degree sexual assault of a child based on a student's allegation that the teacher touched her buttocks inappropriately during class, which the teacher and other students claim was fabricated because she took away the student's cell phone. The teacher's federal due process and malicious prosecution claims fail, as there were no violations of her property or liberty interests because the officer did not have any control over her getting fired from her job and, in part because the prosecution his investigation led to was ultimately dropped, he did not contribute to altering her legal status, even if her reputation was harmed. The teacher's state-law malicious prosecution claim is also dismissed, as she did not file a notice of claim complying with statutes.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 9, 2023, Case #: 3:22cv47, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Due Process
J. Peterson finds in favor of the city in a lawsuit from the advertising company challenging multiple provisions of an ordinance the city cited to deny it an application to update some of its billboards in addition to building more, including aspects the company claimed were unlawful content-based restrictions on its speech in violation of the First Amendment. As the company mostly concedes, a U.S. Supreme Court decision from 2022 and a Seventh Circuit decision from 2023 make the company's constitutional challenges to the billboard provisions unviable, so summary judgment is granted to the city. The city's motion for sanctions is granted in part, in that it has until June 28, 2023, to submit accounting of legal fees it incurred for around two weeks of briefing in February and March of 2023 before the company's counsel announced it was dropping its challenges to certain distinctions in the ordinance.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 8, 2023, Case #: 3:22cv51, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Attorney Fees
J. Conley finds partially in favor of the Muslim woman claiming she was unlawfully ordered by the prison guard to remove her hijab as a security measure before she was allowed to visit her incarcerated husband. The woman's First Amendment free exercise claim fails because she has not shown her right to publicly wear her religious headdress was substantially burdened, but her 14th Amendment equal protection claim will proceed to trial, as a reasonable jury could conclude the guard intentionally discriminated against her and treated her differently at the security checkpoint because of her religion. The woman's motion for summary judgment is partially granted, and her First Amendment, injunctive relief and official capacity claims are dismissed with prejudice.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: June 6, 2023, Case #: 3:22cv176, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Equal Protection
J. Conley finds Kia's finance company did not violate any Wisconsin consumer protection laws in attempting to have the consumer's car repossessed when she fell behind on her payments, which involved a repossession employee following her and her son as they drove the car away from her home and onto the interstate before they lost him. All of the consumer's illegal repossession, unlawful debt collection, unconscionable conduct and bad faith claims under Wisconsin law all fail, in part because she has presented no evidence that Kia approved of or directed the actions of the repossession company.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: June 1, 2023, Case #: 3:21cv411, NOS: Other Statutory Actions - Other Suits, Categories: Debt Collection, Consumer Law
J. Peterson finds largely in favor of the cheese company in a former employee's lawsuit claiming he was fired under false pretenses for complaining about harassment and discrimination he faced over his age, sex and disabling heart conditions, which he also contends the company failed to adequately accommodate. The employee's failure-to-accommodate claim under the Americans with Disabilities Act will proceed because he's brought enough to evidence to argue the company failed to reasonably address how the sometimes extreme heat in the company's facility exacerbated his heart condition, once made him faint at work and went against his doctor's recommendation that he not work in temperatures above 100 degrees. The company's motion for summary judgment is granted on the employee's remaining wrongful termination, hostile workplace and retaliation claims, in part because the company had valid reasons to fire him for violating a safety protocol and getting into a physical confrontation with a coworker.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: May 19, 2023, Case #: 3:21cv429, NOS: Employment - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Employment
J. Peterson grants final approval of a settlement agreement in the delivery drivers' class action lawsuit against the online food delivery company over unpaid wages and reimbursements for maintenance of their cars. A $1.2 million judgment is entered against the company for attorney fees, costs and payments to class members, of which $413,333 will be provided to the drivers' counsel in two installments.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: May 19, 2023, Case #: 3:20cv279, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Settlements, Class Action
J. Peterson finds in favor of the county and police officers in a lawsuit from the surviving family of an inmate who died by hanging while he was detained at the county's jail, which the family's Eighth and 14th Amendment claims assert happened because the officers failed to reasonably protect him and prevent his suicide. Based on the facts in the record, and applying the objective reasonableness standard, the officers and jail staff either could not have known or would not have reasonably believed the inmate was suicidal based solely on his bizarre behavior and statements, including hitting himself and talking about "demonic" things. Because the claims against the county about the adequacy of its screening and cell check protocols also fail, summary judgment is granted to the county and officers and the case is closed.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: May 18, 2023, Case #: 3:22cv241, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Wrongful Death