625 results for 'nos:"Other Statutory Actions - Other Suits"'.
J. Vera grants an insurance company's motion to dismiss a cardiovascular surgeon's allegations that the insurer did not fully pay for services provided. ERISA supersedes state laws and "presents aggrieved plaintiffs—including medical providers who have been assigned the right to pursue their patient’s health care benefits—with a remedy." The surgeon is granted leave to amend to be permitted to plead ERISA claims.
Court: USDC Central District of California, Judge: Vera, Filed On: March 29, 2024, Case #: 2:23cv10071, NOS: Other Statutory Actions - Other Suits, Categories: Erisa, Insurance
J. Cooper partially grants the German state-owned entity's motion to dismiss the German-American's suit alleging that it improperly expropriated her family's former estate, which had been seized by the Soviet Union in the wake of World War II, following the reunification of East and West Germany. The 1945 taking was not a domestic taking, and therefore this court can exercise subject matter jurisdiction over it, but the later takings did not violate international law. Germany also did not waive its sovereign immunity in this matter in a 1954 treaty. The record is not clear as to whether the German entity ever had a physical presence in the U.S., in part because of its litigation tactics, and should remaining jurisdictional questions come down to that question, the court will allow the German-American to serve interrogatories on that question.
Court: USDC District of Columbia, Judge: Cooper, Filed On: March 28, 2024, Case #: 1:14cv2140, NOS: Other Statutory Actions - Other Suits, Categories: International Law, Jurisdiction
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J. Contreras denies the employee's motion for summary judgment in her suit alleging that she was demoted, reassigned and ultimately terminated in retaliation for her criticisms of her employer's response to the Covid-19 pandemic in early 2020, and partially grant's the employer's summary judgment motion. The employee argues that seven protected disclosures she made led to retaliation, but has only established a prima facie case of retaliation in relation to one of these seven. The employee's First Amendment retaliation claim survives summary judgment, since the employers' relevant, legitimate interests in protecting the release of inmates' and staff's health information are minimal relative to the employee's interest in "shedding light on the deplorable conditions in the D.C. Jail and the ongoing threat to inmate and staff safety." Finally, the employee's motion to file a substantial portion of her filings under seal is granted as to 16 exhibits, but denied as to others, including some which included information designated as confidential by the employer "out of an abundance of caution."
Court: USDC District of Columbia, Judge: Contreras, Filed On: March 28, 2024, Case #: 1:20cv2944, NOS: Other Statutory Actions - Other Suits, Categories: Employment, Whistleblowers, Employment Retaliation
J. Swain partially denies class claims stemming from a lender's imposition of force placed insurance on a property under a reverse mortgage. The lender admitted it had wrongfully charged the property owner for the force placed insurance, but did not credit back the related fees and interest charged to her. The homeowner adequately states a claim for violations of the Real Estate Settlement Procedures Act for the lender's failure to terminate the force-placed insurance within 15 days of written notice and proof of insurance.
Court: USDC Southern District of New York, Judge: Swain, Filed On: March 27, 2024, Case #: 1:20cv9281, NOS: Other Statutory Actions - Other Suits, Categories: Insurance, Real Estate, Class Action
J. Donnelly preserves a Trafficking Victims Protection Act complaint that alleges the Odyssey Study Group, described as a religious cult, coerced the litigant, a 23-year member who eventually left in 2013, into performing labor and other services. The court finds the complaint is timely and adequately alleges the organization engaged in a conspiracy by threatening him with serious harm, including disclosing personal information, if he did not perform the work or attend its classes.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: March 27, 2024, Case #: 1:22cv7686, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, Employment, Tort
J. Johnston grants the air ambulance service's motion for summary judgment in its suit challenging the West Virginia Insurance commissioner's enforcement of the Air Ambulance Protection Act. Using the 1993 film '"Groundhog Day" as a backdrop, the court finds the insurance commissioner's continuous attempt to declare the membership-based EMS service as being in the business of insurance futile, since the Airline Deregulation Act of 1978 preempts AAPA.
Court: USDC Southern District of West Virginia, Judge: Johnston , Filed On: March 26, 2024, Case #: 2:21cv105, NOS: Other Statutory Actions - Other Suits, Categories: Health Care, Insurance, Injunction
J. Campbell mostly denies the employers' dismissal motions in this lawsuit brought by a former employee who alleges that she was fired after complaining about a client's sexual harassment. The dismissal motions are granted as to her claim for "participation in a venture engaged in sex trafficking." The allegations do not show that the employers had notice of "a commercial sex act," as required under the federal statute. Their motions are denied as to the remaining counts.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 26, 2024, Case #: 3:23cv477, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, Employment
J. Watson grants the RV buyer's motion to enforce the parties' settlement agreement, ruling the dealer's failure to provide the extended service contract included as part of the settlement is a material breach, even in the absence of bad faith. Although the dealer now uses a new service provider to make repairs to vehicles, the original service contract was an integral part of the settlement and so it must honor its obligation and provide the original contract to the buyer.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 26, 2024, Case #: 2:23cv3568, NOS: Other Statutory Actions - Other Suits, Categories: Settlements, Warranty
J. Sargus denies, in part, the mortgage lender's motion to dismiss, ruling its failure to provide any explanation for the $90,000 discrepancy between two loan modification agreements sent to the borrowers gives them a plausible cause of action under federal consumer lending laws after the lender declared them in default even though they made payments under the original modification.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: March 25, 2024, Case #: 2:22cv4070, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Banking / Lending
J. Pacold grants an American telecommunication company’s motion to open contempt proceedings on the Chinese telecommunications firm it is suing. The court opens contempt proceedings over the Chinese firm’s refusal to pay the American company royalties on a series of radios. The Chinese firm rejects the claim that its radios violate any trade secrets or copyrights of the American company. A jury concluded it had infringed on other copyrights held by the American company in a 3.5-month trial that concluded in February 2020, but that trial didn’t cover the radio products at issue here. The same jury ordered the Chinese firm to pay the American company over $543 million in royalties. While contempt proceedings are open, the court also forbids the Chinese company from pursuing a separate litigation against the American company in China in order to “protect [its] jurisdiction.”
Court: USDC Northern District of Illinois, Judge: Pacold, Filed On: March 25, 2024, Case #: 1:17cv1973, NOS: Other Statutory Actions - Other Suits, Categories: Copyright, International Law, Technology
J. Pitts allows several class action claims to proceed against Meta from consumers who say the social media company collected their personal tax data without permission using tracking tools on a handful of popular tax preparation websites. While several theft and theft-related claims are tossed due to the class not meeting the definition of "customers" under the law, many of their negligence claims survive. There are still several factual disputes over whether consumers were properly warned on the tax filing websites that Meta was using their sites to collect financial data.
Court: USDC Northern District of California, Judge: Pitts, Filed On: March 25, 2024, Case #: 5:22cv7557, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Class Action
J. Eskridge grants, in part, a management company's motion to file an amended complaint in its fiduciary duty and conspiracy claims against several parties. The proposed claims in the amended action relate back to the original, and amendment is not futile.
Court: USDC Southern District of Texas, Judge: Eskridge, Filed On: March 22, 2024, Case #: 4:21cv2698, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Fraud, Fiduciary Duty
J. Lasnik grants partial summary judgment to the zoo against the animal law advocacy organization's claim that housing brown bears with cheatgrass “harasses” the bears, which is part of the organization's complaint that the zoo violated the Endangered Species Act by possessing and improperly caring for endangered species. The organization does not identify any evidence that would have someone reasonably conclude that the presence of cheatgrass would disrupt a brown bear's normal behavior patterns if it's in its enclosure, at least beyond the cheatgrass getting stuck in the bear's fur.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: March 22, 2024, Case #: 3:18cv6025, NOS: Other Statutory Actions - Other Suits, Categories: Evidence, Animal Cruelty
J. Sneed partially grants the father's motion for a temporary restraining order against the mother in his suit seeking their child's return to their home country of Chile. The father has sufficiently established that he is likely to succeed on the merits of his petition, and that he would suffer an immediate and irreparable injury absent a restraining order. He has not, however, demonstrated sufficient facts to warrant the immediate arrest of the child and removal from the mother's custody.
Court: USDC Middle District of Florida, Judge: Sneed, Filed On: March 22, 2024, Case #: 6:24cv542, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law
J. Gilliam dismisses privacy claims against Western Union Financial Services and a handful of other financial service companies over allegations that the companies have turned over private financial records to the Department of Homeland Security without permission. Those bringing the suit have not shown they are "customers" of any of the companies, and as a result, largely lack standing to continue their claims or request relief. Only a single unfair competition claim is allowed to continue.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: March 21, 2024, Case #: 4:22cv7996, NOS: Other Statutory Actions - Other Suits, Categories: Unfair Competition, Privacy, Class Action