106 results for 'judge:"Boyle"'.
J. Boyle grants an industrial equipment rental company’s motion for summary judgment following allegations of wrongful termination brought by a former delivery truck driver. The driver claims he reported multiple safety violations by the company which led it to unfairly fire him. However, the driver contacted only staff within the company about the violations and no outside entity such as the Department of Labor and shows no evidence that his complaints resulted in an investigation. Therefore, his activity is not protected under the state’s retaliation laws. He also fails to provide sufficient evidence to create a genuine dispute of the company’s arguments.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: November 27, 2023, Case #: 7:21cv89, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Retaliation
J. Boyle grants a die cutting machine distributor's motion to dismiss a manufacturer's allegations of misappropriation of trade secrets and copyright infringement. The manufacturer claims that several of its employees left it for a new direct competitor and took trade secrets with them, with which the distributor helped them in order to expand its own customer base. However, the manufacturer fails to report specific information that was misappropriated and shows no plausible evidence that the distributor aided the former employees.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: November 15, 2023, Case #: 5:23cv134, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Copyright, Trade Secrets, Unfair Competition
J. Boyle denies a Second Amendment rights advocacy group, a firearms dealer and two gun owners' motion for a preliminary injunction in their challenge the Bureau of Alcohol, Tobacco, Firearms and Explosives' final rule regarding guns equipped with stabilizing devices. Although the final rule is not a logical outgrowth of the proposed rule, they fail to show they are prejudiced and, therefore, have not shown a likelihood of success on the merits.
Court: USDC Northern District of Texas , Judge: Boyle, Filed On: November 13, 2023, Case #: 3:21cv116, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Civil Rights, Constitution, Firearms
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J. Boyle finds the trial court properly allowed joinder of defendant's trial with her co-conspirators because the charges against all of the co-defendants were similar in nature and based on the same course of conduct, while the not-guilty verdict on one of defendant's robbery charges proves the jury was not confused by any of the evidence. Meanwhile, defendant's conversations with her co-conspirators and surveillance footage that showed the three individuals entering a variety of properties that were robbed on the same night was sufficient for the jury to convict her. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: November 2, 2023, Case #: 2023-Ohio-3971, Categories: Evidence, Robbery, Kidnapping
J. Boyle finds the lower court properly granted permanent custody of the child to family services. The mother failed to complete the drug rehabilitation portion of her case plan, refused to submit to drug screenings and could not provide a safe home for the child, who has a strong bond with her foster family. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: October 26, 2023, Case #: 2023-Ohio-3889, Categories: Evidence, Family Law
J. Boyle grants a class of migrant farm workers’ motion for certification in this Fair Labor Standards Act suit against their employers, which allegedly did not pay for their temporary work visas, travel or the wage agreed upon for hours worked, and the employers allegedly confiscated the workers’ Social Security cards and passports. The class members have shown sufficient evidence of the employers’ violations of Act and are also granted their motion for disclosure of contact information of potential opt-in class members.
Court: USDC Western District of North Carolina, Judge: Boyle, Filed On: October 25, 2023, Case #: 5:22cv491, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Boyle denies a mortgage lender’s motion to dismiss a couple’s amended complaint alleging a kickback scheme between the lender and a realty company resulting in $20,000 in illegal, so-called “referral fees.” The couple correctly argues that the lender has caused them injury as a lack of competition among realtors tends to cause settlement costs to increase, and the couple has evidenced that the lender violated RESPA and other consumer protection laws.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: October 24, 2023, Case #: 5:22cv336, NOS: All Other Real Property - Real Property, Categories: Antitrust, Real Estate, Consumer Law
J. Boyle grants the customer of a women’s clothing company his motion to remand a case in which he and a class of customers sued the company for including 10 of the 16 digits on their credit card on their receipts, in violation of a credit transaction law. The company removed the suit to federal court, claiming that because the customers suffered injuries, the case must be tried there. However, the customers have not yet suffered concrete injuries because their credit information was not compromised despite the potential. Therefore, the lead customer is correct to request remand because the federal court does not have subject matter jurisdiction.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: October 23, 2023, Case #: 5:23cv261, NOS: Consumer Credit - Other Suits, Categories: Consumer Law, Jurisdiction
J. Boyle finds the trial court properly denied the patient's motion for a new trial on medical malpractice claims. The testimony provided by the nurse anesthetist's expert witness did not exceed the scope of his qualifications and, even if it did, the patient's counsel invited the error when he cross-examined the witness about the standard of care required for anesthesiologists. Meanwhile, comments made by the nurse's attorney about expert witness fees and the length of the nurse's career during open and closing arguments did not prejudice the jury or constitute misconduct, but merely commented on the credibility of witnesses. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: October 12, 2023, Case #: 2023-Ohio-3715, Categories: Evidence, Experts, Medical Malpractice
J. Boyle denies Citibank’s motion to dismiss violations of a law protecting military service personnel from legal and financial penalties during active duty brought by a class of servicemembers after the bank subjected them to what it calls “veteran penalties.” The servicemembers claim that Citibank, although it touts itself as supportive of military personnel, gouged them with exorbitant fees. The bank argues this claim cannot survive based on personal jurisdiction. However, this is incorrect as Citibank, although not based in North Carolina, has a number of corporate offices there and representatives with enough authority to be served with a complaint.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: September 29, 2023, Case #: 5:22cv383, NOS: Banks and Banking - Other Suits, Categories: Jurisdiction, Banking / Lending, Military
J. Boyle finds the trial court properly denied defendant's motion to sever on account of a statement made by his codefendant that implicated him in the shooting death of the victim. Defendant's own statements corroborated that of the codefendant, while DNA evidence and other testimony also linked him to the crime. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: September 28, 2023, Case #: 2023-Ohio-3468, Categories: Evidence, Murder, Assault
J. Boyle declines to dismiss, for lack of personal jurisdiction, allegations against Citibank brought by a putative class of borrowers who are servicemembers and veterans. They say the bank has deprived them of benefits owed to them under the Servicemembers Civil Relief Act, or only offered nominal and “illusory” benefits.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: September 28, 2023, Case #: 5:22cv383, NOS: Banks and Banking - Other Suits, Categories: Consumer Law, Banking / Lending, Military
J. Boyle partially denies a municipality and its police chief their motion for summary judgment after a former sergeant filed multiple allegations including hostile work environment. When the sergeant, a woman, was still an officer, a fellow male officer allegedly flirted with her and insinuated he was her “gigolo” verbally and via text. She began to notice stuffed animals on her desk being arranged in lewd positions. After she confronted her coworker about it, the animals began to appear in murderous scenes with stuffing pulled out and “a red substance was applied to look like blood.” Her claims demonstrate a hostile work environment under Title VII.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: August 25, 2023, Case #: 4:21cv31, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Boyle grants, in part, a food distributor's motion for attorney fees and interest in a breach of contract and guaranty case against a wholesaler, awarding it a total of $5.2 million. The guaranty at issue provides for certain rates, including prejudgment interest and attorney fees, and the rate is enforceable under Louisiana law.
Court: USDC Northern District of Texas , Judge: Boyle, Filed On: August 24, 2023, Case #: 3:19cv1057, NOS: Other Contract - Contract, Categories: Damages, Attorney Fees, Contract
J. Boyle finds the lower court erroneously denied the city and its police officers' motion for summary judgment on the grounds of political subdivision immunity in a car collision case. The officer involved in the collision with a bystander believed there was an imminent threat of harm to the 911 caller who had been assaulted and was being followed by her assailant. Therefore, the officer's decision to speed to the location of the caller was not wanton and reckless, especially considering he activated all of his lights and sirens, and was traveling below the posted speed limit at the time of the collision. Reversed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: August 24, 2023, Case #: 2023-Ohio-2954, Categories: Government, Immunity, Negligence
[Consolidated.] J. Boyle finds the trial court improperly sua sponte appointed a receiver for the family's company because accusations of self-dealing by the son and his mother-in-law were insufficient to require such a drastic decision, especially considering none of the parties had presented evidence of the claims or requested a receivership. Furthermore, the trial court erroneously required the disclosure of certain company documents that would ordinarily be protected by attorney-client privilege, as the son's position as a minority shareholder in the company did not render him in privity with his father and mother-in-law, the majority shareholders. Reversed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: August 10, 2023, Case #: 2023-Ohio-2778, Categories: Discovery, Privilege