456 results for 'court:"USDC Maryland"'.
J. Russell grants a title insurance company’s motion to dismiss this titling insurance dispute brought by developers. The insured developers allege three residential lots they had title to were complied with the zoning code. A neighbor filed a claim alleging the property could not be developed as envisioned under the city’s zoning law; the title company then refused to defend the marketability of the developers’ title, so the property could not be sold at a profit. The court finds the insurance claim is not covered by the policy. Therefore, the insureds’ cross-motion for partial summary judgment is denied.
Court: USDC Maryland, Judge: Russell, Filed On: February 7, 2024, Case #: 1:23cv1877, NOS: Insurance - Contract, Categories: Insurance, Property
J. Bredar grants a former physician and his wife’s motion for leave to file a surreply and denies as moot the motion to strike a medical holdings company ripeness argument in this ERISA case. The physician retired after he was diagnosed with behavioral frontotemporal dementia and alleges the company has failed to provide the documentation of explanation of insurance benefits. The court concludes the company’s ripeness argument is meritless and could cause a hardship regarding the life insurance benefits. The claims for reformation, equitable estoppel and surcharge are dismissed, in part, in favor of the company. The physician can amend his claims for reformation and equitable estoppel.
Court: USDC Maryland, Judge: Bredar, Filed On: February 6, 2024, Case #: 1:23cv1243, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa
J. Rubin grants summary judgment in favor of a federal agent in this Electronic Communications Privacy Act claim by a CBS investigative reporter and her daughter alleging surveillance and hacking of their electronic devices. The reporter and her daughter failed to substantively respond to the motion and has no admissible evidence to demonstrate the agent violated the Act. A reasonable juror could not conclude the agent, or another person intercepted or disclosed the electronic devices or violated the Act in any way.
Court: USDC Maryland, Judge: Rubin, Filed On: February 6, 2024, Case #: 1:20cv68, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Communications, Evidence
J. Quereshi grants summary judgment in favor of the transit authority in this negligence claim concerning a woman that fell when boarding a metro bus. “When a passenger files a negligence claim against a motor carrier for injuries received when the carrier makes a sudden start or stop, the passenger must prove that the movement was unusual or extraordinary.” The woman fails to present definite facts and evidence that the movement was abnormal.
Court: USDC Maryland, Judge: Quereshi, Filed On: February 6, 2024, Case #: 8:22cv3088, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence
J. Rubin grants Towson University’s motion to dismiss this disability discrimination suit brought by a student. The student brought claims under the Rehabilitation Act, the equal protection clause and the Family Educational Rights and Privacy Act, but he failed the burden to allege a plausible claim for discrimination or retaliation.
Court: USDC Maryland, Judge: Rubin, Filed On: February 5, 2024, Case #: 1:22cv2998, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Education, Equal Protection
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J. Xinis grants the Jacobsen family’s motion to dismiss this interpleader action seeking to be discharged from a dispute over the ownership interest in Lakewood that is divided by five family groups. The Jacobsen family alleges res juicata precludes relitigation on the question of involuntary transfer after the decedent passed away. The court agrees and dismisses the Jacobsen family because no preclusion of the claims could be cured, and the family may file an amended crossclaim and counterclaim. The Voith family’s motion to strike, renewed motion to strike, motion for denial or deferral of motion to dismiss or summary judgment, and motion for leave to file surreply are all denied. Lakewood’s motion to dismiss and motion to strike are denied as moot.
Court: USDC Maryland, Judge: Xinis, Filed On: February 4, 2024, Case #: 8:23cv868, NOS: Other Statutory Actions - Other Suits, Categories: Property
J. Blake denies a recovery center’s motion for partial summary judgment in this complaint of Fair Housing Act, Section 504 of the Rehabilitation Act and Americans with Disabilities Act violations after an application for a use and occupancy permit was denied by the city. The center alleges it was denied due to discriminatory beliefs of the future residents from community opposition. No reasonable finder of fact could find that discrimination was the sole reason to deny the application. The court grants, in part, the city’s cross motion for summary judgment. The finder of fact could find the decision to enforce the city code was arbitrary and irrational. Therefore, the court denies all claims for both parties except the Rehabilitation Act for the city.
Court: USDC Maryland, Judge: Blake, Filed On: February 1, 2024, Case #: 1:21cv1774, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Government, Property
J. Bennett grant summary judgment in favor of the police department in this employment dispute brought by a police sergeant alleging she was retaliated against, and it created a hostile work environment when she reported corruption by superior officers. There is no genuine dispute or that a reasonable jury could find the sergeant’s complaints had a negative difference in her being promoted or transferred.
Court: USDC Maryland, Judge: Bennett, Filed On: February 1, 2024, Case #: 1:21cv2173, NOS: Employment - Civil Rights, Categories: Employment Retaliation
J. Gallagher grants summary judgment in favor of the department in this employment dispute brought by a former employee alleging discrimination and retaliation. The employee stated she was terminated due to her performance evaluation because she did not have proper training to perform her task. The department shows uncontroverted evidence demonstrating well-documented performance concerns and that the employee would not have retained her position.
Court: USDC Maryland, Judge: Gallagher, Filed On: January 30, 2024, Case #: 1:22cv1719, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Bredar grants, in part, the Social Security Administration’s motion for summary judgment in this employment dispute brought by a former employee. The employee, a Black man, alleges wage discrimination, race discrimination, retaliation, and failure to hire or promote, but failed to show circumstantial evidence that he performed work substantially similar to others, failed to establish his prima facie case and failed to plausibly allege a connection to adverse action. The court grants summary judgment on the wage, disparate treatment and retaliation claims. Social Security’s previous motion to dismiss is denied as moot, motion to strike and grant the employee motion for leave to file more discovery.
Court: USDC Maryland, Judge: Bredar, Filed On: January 30, 2024, Case #: 1:22cv3241, NOS: Employment - Civil Rights, Categories: Government, Employment Discrimination, Employment Retaliation
J. Chuang grants, in part, a soccer league and its coach motion to dismiss in this suit brought by a referee alleging negligence and battery. The coach “violently struck” and “used foul abusive language, yelled at a referee and then committed a battery on a referee by chest-bumping him,” during a match while the others failed to prevent the assault. The court denies the motion as to negligence claims because the referee has plausibly alleged the league owed a duty of care and should have had procedures in place for reporting assaults. The negligent supervision and vicarious liability claims are dismissed. The referee’s motion for leave to amend his amended complaint is denied.
Court: USDC Maryland, Judge: Chuang, Filed On: January 30, 2024, Case #: 8:23cv560, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Assault
J. Chasanow denies a customer’s motion to remand this premises liability dispute against Walmart, two individual employees and three shopping cart companies. The customer was pushing a shopping cart out of Walmart when suddenly it broke and caused her injuries. The customer fails to establish a claim against the employees because they were fraudulently joined. Therefore, the customer’s amended complaint is dismissed in favor of Walmart, two individual employees and three shopping cart companies.
Court: USDC Maryland, Judge: Chasanow, Filed On: January 29, 2024, Case #: 8:23cv3133, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Negligence, Premises Liability
J. Rubin denies a research company’s motion to transfer venue in this employment dispute brought by a class of former employees residing in various states. The class alleges termination of employment was due to refusal of the mandatory Covid-19 vaccine. “Maryland courts have not addressed the issue of where the ‘wrong’ occurs in cases of fraud, or negligent misrepresentation, when the alleged wrongful act and the alleged loss occur in separate jurisdictions.” The class fails to prove where the alleged wrongful conduct occurred. The company’s motion to dismiss is granted on all claims.
Court: USDC Maryland, Judge: Rubin, Filed On: January 29, 2024, Case #: 1:23cv53, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Class Action
J. Quereshi denies the transit authority’s motion to dismiss in this negligence claims suit brought by the parents of an adult woman who is nonverbal and has a cognitive disability. The parents allege the daughter was a passenger in the transit van when she was attacked several times by another passenger, on their way to or from an adult day program. The transit authority failed to present evidence explaining the circumstances and changes that were made to separate the daughter and passenger.
Court: USDC Maryland, Judge: Quereshi, Filed On: January 29, 2024, Case #: 8:18cv2397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence
J. Rubin grants, in part, the Comptroller of Maryland’s motion for reconsideration in this class action complaint filed by property owners challenging the abandoned property statute is unconstitutional claiming declaratory and prospective injunctive relief. The property owners allege the Maryland abandoned and unclaimed property statute allows for “taking” without just compensation. The owners state constitutional claims are dismissed by being barred due to sovereign immunity. Therefore, the remaining motion is denied on the federal constitutional claims will proceed.
Court: USDC Maryland, Judge: Rubin, Filed On: January 26, 2024, Case #: 1:22cv1558, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Immunity, Class Action
J. Hurson denies a financial company’s motion for a preliminary injunction and motion for a hearing on the preliminary injunction in this Securities Exchange Act case stemming from a husband-and-wife corporation. The financial company seeks a preliminary injunction from making false or misleading statements and to enjoin the husband-and-wife corporation from violating security laws. The husband is also a board member of the financial company, he set out for a takeover of the company to benefit him and his wife’s corporation by solicitating proxies for elections of directors. A motion for reconsideration of the injunction may be appropriate after the outcome of the circuit court hearing.
Court: USDC Maryland, Judge: Hurson, Filed On: January 26, 2024, Case #: 1:23cv2720, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Elections, Securities, Injunction
J. Hollander denies, in part, a citizen’s motion to reopen discovery to conduct a deposition against a state trooper who pulled her over allegedly without reasonable suspicion and arrested her after finding a warrant for failure to return a rental car. The citizen must provide a response to interrogatories and request for production mainly the interrogatory to identify each health care provider who treated her in relation to her claimed injury. She originally answered this was a privilege claim, but the information is not protected by privilege. Once, the citizen fully answers all of the requested discovery the state trooper may be disposed.
Court: USDC Maryland, Judge: Hollander, Filed On: January 25, 2024, Case #: 1:20cv2568, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery
J. Xinis grants, in part, three police officers’ motion to dismiss in this civil rights action brought by a citizen alleging excessive use of force, Violent Crime Control and Law Enforcement Act, ADA and Rehabilitation Act. The officers responded to a wellness check for a mentally ill person and were not provoked by the citizen before they used force to take her down to the ground. The excessive force claim remains and all other claims are dismissed. The citizens motion to appoint counsel is granted.
Court: USDC Maryland, Judge: Xinis, Filed On: January 25, 2024, Case #: 8:23cv459, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Police Misconduct
J. Gallagher finds the Kuwaiti royal partially met her burden to prove the lender aided and abetted the fraudster. Therefore, the partial judgment of $469,990 plus prejudgment interest is awarded pending relinquishment of lis pendens on the property. The court grants judgment in favor of the lender for the unjust enrichment claims for all three loans.
Court: USDC Maryland, Judge: Gallagher, Filed On: January 24, 2024, Case #: 1:18cv2958, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Property, Banking / Lending
J. Cooperthite grants a customer’s motion for leave to file a surreply in this slip and fall lawsuit against a company. The customer alleges she tripped and fell over a clear object in the shoe section. The company raises that the customer failed to take a photograph, but evidence from surveillance cameras and a witness shows there was in fact a genuine dispute in favor of the customer. Therefore, the company’s motion for summary judgment is denied.
Court: USDC Maryland, Judge: Cooperthite, Filed On: January 23, 2024, Case #: 8:22cv2726, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Negligence
J. Rubin grants Baltimore’s motion to remand this case back to the circuit court of Baltimore City. The city claims that tobacco company Philip Morris’s cigarette filters are made of a non-biodegradable substance, cellulose acetate, that is toxic to plants and animals, and whose littered filters pollute the water and soil. The tobacco company opposes the motion to remand and had this case moved from circuit court stating the district court has supplemental jurisdiction and federal question over the claims. The company failed to demonstrate that the court has federal question jurisdiction, which is necessary for removal to federal court.
Court: USDC Maryland, Judge: Rubin, Filed On: January 22, 2024, Case #: 1:23cv303, NOS: Torts to Land - Real Property, Categories: Government, Tort, Jurisdiction
J. Xinis grants, in part, Walmart’s motion to dismiss the employment dispute brought by a former Black male employee alleging race discrimination, sexual harassment, workplace assault and harassment, negligent supervision and retention, emotional distress, and retaliation. The former employee fails to plausibly connect the reallocation of his job duties to his use of administrative remedies on the sexual harassment and retaliation claims, and fails to make a plausible claim for the other claims. The former employee has 21 days to file an amended complaint and Walmart has 14 days after the filing to respond.
Court: USDC Maryland, Judge: Xinis, Filed On: January 22, 2024, Case #: 8:23cv1131, NOS: Employment - Civil Rights, Categories: Emotional Distress, Employment Discrimination, Employment Retaliation
J. Bennett grants summary judgment in favor to Baltimore in this lawsuit brought by a protestor who argues an ordinance prohibiting his use of an A-frame anti-abortion sign on public walkways violates his First Amendment rights. Baltimore permitted him to wear or hold his sign, hand out pamphlets and speak with anyone on the sidewalk. Therefore, the protestor has ample alternative means for communicating his message, and his claims fail.
Court: USDC Maryland, Judge: Bennett, Filed On: January 19, 2024, Case #: 1:22cv2587, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, First Amendment
J. Chuang grants a gas equipment company’s motion to stay the patent infringement suit pending inter partes review of the patent claims. A stay is warranted based on the relevant factors, including the fact it would likely result in undue prejudice.
Court: USDC Maryland, Judge: Chuang, Filed On: January 18, 2024, Case #: 8:22cv2550, NOS: Patent - Property Rights, Categories: Patent
J. Gallagher denies a video subscription service’s motion for reconsideration in this class action filed by subscribers that claim the website unlawfully disclosed to Facebook their personally identifiable information in violation of the Video Privacy Protection Act and the California state law. The video subscription service has not provided the court with any authority that online users manifest assent to a provider’s terms. The court also denies the class of subscribers’ motion to appoint counsel because the factors outlined have not been met.
Court: USDC Maryland, Judge: Gallagher, Filed On: January 17, 2024, Case #: 1:23cv2265, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Class Action
J. Maddox grants the Republic of Namibia’s motion to dismiss and denies a couple’s motion to dismiss a Namibia citizen’s claims of servitude, forced labor and unlawful passport concealment. The citizen alleges Namibia engaged in commercial activity by leasing a residence in Maryland for the couple for trafficking, but she fails to allege facts or evidence to support the lease was funded by Namibia. Namibia has sovereign immunity.
Court: USDC Maryland, Judge: Maddox, Filed On: January 16, 2024, Case #: 8:21cv3007, NOS: Other Statutory Actions - Other Suits, Categories: Immigration, Tort, Immunity
J. Sullivan grants summary judgement in favor of the credit union in this Truth in Lending Act violation lawsuit brought by the sole heir of his cousin’s estate. The heir alleges the credit union violated the Maryland’s Fiduciary Access to Digital Assets Act by blocking him from digitally accessing the decedent’s accounts. He failed to show the evidence that the decedent gave him proper permission to access the accounts and it is undisputed he never requested digital access to the HELOC accounts under the purported TILA violations.
Court: USDC Maryland, Judge: Sullivan, Filed On: January 16, 2024, Case #: 8:22cv2701, NOS: Truth in Lending - Torts - Personal Property, Categories: Discovery, Banking / Lending