456 results for 'court:"USDC Maryland"'.
J. Griggsby grants the commissioners’ motion to dismiss this recovery center’s complaint for Fair Housing Act and Americans with Disabilities Act violation after a special exception and use and occupancy permit was denied. The zoning code does allow for an eight bed multi-resident living facility, but the recovery center alleges FHA and ADA discrimination by allowing another center to operate a 16-bed facility. The commissioners did approve eight beds as stated in the zoning code. Therefore, the recovery center fails to show evidence of FHA and ADA violations.
Court: USDC Maryland, Judge: Griggsby, Filed On: January 12, 2024, Case #: 1:23cv714, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Property, Zoning
J. Abelson orders a murder suspect to have a mental examination for claims of being falsely accused of murder he brought against a police department, and its detectives and police officers. The suspect has alleged post-traumatic stress disorder, emotional distress, anxiety and depression from being wrongfully incarcerated and that he had to seek professional treatment. All parties dispute that the existing medical records are enough for an expert to cross examination at trial. Therefore, there is a good cause for the mental examination.
Court: USDC Maryland, Judge: Abelson, Filed On: January 11, 2024, Case #: 1:21cv3173, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts
J. Hurson adopts in part a magistrate judge’s report and recommendation to grant sanctions in favor of the J. Noble Group, but orders a default judgment in this conversion dispute alleging the construction company and its corporate representative converted funds. The company and corporate representative must reimburse cost in the amount of $250 and attorney fees in the amount of $17,808 to J. Noble Group. The attorney for the construction company motioned to withdraw as counsel and it is granted.
Court: USDC Maryland, Judge: Hurson, Filed On: January 10, 2024, Case #: 1:22cv1618, NOS: Other Contract - Contract, Categories: Sanctions, Conversion, Attorney Fees
J. Boardman grants four nonprofit environmental organizations’ motion to lift the stay and their motion to admit extra-record evidence against several environmental agencies and petroleum companies in this environmental claim stemming from violations of the Administrative Procedures Act related to the impact of oil and gas drilling on endangered species. The agencies and companies have not showed clear or convincing consideration for a stay and the extra evidence declaration qualifies for the exceptions clarifying technical information. The organizations’ motion for remand without vacatur is denied.
Court: USDC Maryland, Judge: Boardman, Filed On: January 9, 2024, Case #: 8:20cv3060, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Energy, Environment, Experts
J. Hollander denies an attorney and law firms’ motion to dismiss professional negligence allegations brought by a bankruptcy client. The client retained the attorney to represent her when she filed for Chapter 13 bankruptcy, but he refused to seek relief from the stay and continued to bill her, prompting the current suit. The client has sufficiently alleged a claim to satisfy the standard that the attorney and its firm did in fact attempt to collect pre-petition debt.
Court: USDC Maryland, Judge: Hollander, Filed On: January 9, 2024, Case #: 1:22cv2639, NOS: Other Contract - Contract, Categories: Negligence, Legal Malpractice, Contract
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J. Blake grants a hip replacement manufacturer its motion for summary judgment following hundreds of suits from patients who developed medical complications from flaws in the replacements. Specifically, the metal femur heads would grind against the metal sockets and flake in patients’ bodies, causing pain, metallosis and other conditions requiring corrective surgeries or replacing the product altogether. The patients have failed to respond or contest to the manufacturer’s argument. Therefore, the claims have been abandoned or were denied in a previous proceeding.
Court: USDC Maryland, Judge: Blake, Filed On: January 8, 2024, Case #: 1:14cv3138, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability
J. Bredar grants, in part, a financial service company’s motion for temporary restraining order and preliminary injunction prohibiting two of its former employees from sharing confidential information. The company has shown a likelihood of success on its claim that trade secrets were misappropriated when one of the employees downloaded confidential files and passed them onto the other former employee.
Court: USDC Maryland, Judge: Bredar, Filed On: January 5, 2024, Case #: 1:23cv3446, NOS: Other Contract - Contract, Categories: Trade Secrets, Interference With Contract
J. Chuang grants Uber’s motions to compel arbitration and dismiss in an underlying employment contract dispute with one of its drivers. The driver claims the rideshare company hacked the app sending her to pick up to various problematic passengers and after she complained they deactivated her account. The court finds that the signing of an arbitration clause in the parties’ contract means the case must be dismissed and go before an arbitrator.
Court: USDC Maryland, Judge: Chuang, Filed On: January 5, 2024, Case #: 8:23cv2149, NOS: Other Contract - Contract, Categories: Arbitration, Employment, Contract
J. Hurson denies the Maryland Motor Vehicle Administration motion for summary judgement in this employment dispute brought by a former employee who is a Black female. The former employee claims race discrimination, sex harassment, hostile work environment and retaliation by supervisors, coworkers and third parties. The former employee established prima facie and created a genuine dispute for all claims. The agency fails to establish prima facie and create a genuine dispute for all claims. The parties’ counter motions to strike are denied.
Court: USDC Maryland, Judge: Hurson, Filed On: January 4, 2024, Case #: 8:20cv3220, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Messitte partially dismisses an insurer’s motion to dismiss in this insurance dispute stemming from two highly valuable Porsches being stolen from the insured’s home. The insured seeks breach of contract and declaratory judgment because the insurer denied the claims, stating that the cars had never been registered. The breach of contract claim is denied since the insured could state a claim and the declaratory judgment items will be resolved through the breach of contract.
Court: USDC Maryland, Judge: Messitte, Filed On: December 28, 2023, Case #: 8:23cv310, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Contract
J. Rubin dismisses a class action claiming that the weight loss company Noom is wiretapping to spy on visitors to its website, recording their keystrokes, mouse clicks and page scrolling to collect real-time data. The consumer fails to disclose the specific personal information that was accessed, so they could not show what injury was suffered.
Court: USDC Maryland, Judge: Rubin, Filed On: December 27, 2023, Case #: 1:23cv641, NOS: Other Statutory Actions - Other Suits, Categories: Tort, Privacy, Class Action
J. Rubin dismisses in favor of the employer for this lawsuit claiming a former employee was discriminated and retaliated against in violation of the Americans with Disabilities Act. The employee states that she was wrongfully terminated after she called out of work due to her back disability and a meeting was held regarding abuse of FMLA leave. Her complaint is barred by statute of limitations and the doctrine of res judicata because it was filed almost seven years after the termination. The employee’s motion to alter or amend judgment is denied due to judgment being entered.
Court: USDC Maryland, Judge: Rubin, Filed On: December 21, 2023, Case #: 1:23cv1195, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Retaliation
J. Abelson grants the condominium board's motion to dismiss a tenant's Fair Housing Act and Americans with Disabilities Act violation claims alleging discrimination and retaliation. The tenant fails to allege that she was treated adversely because of her alleged disabilities. Rather, she alleges that she was discriminated against because of her race and that those adverse actions harmed her because she has disabilities such as anxiety and a mold allergy.
Court: USDC Maryland, Judge: Abelson, Filed On: December 21, 2023, Case #: 1:23cv1559, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, Housing
J. Bennett denies a student group’s motion for preliminary injunction in this lawsuit to enjoin the Naval Academy and its individual officials from using race as a consideration for admissions. The group alleges that considering race as a factor is a violation of equal protection when admissions is rejected. The evidence presented by the group does not show that the academy discriminated against prospective students due to race.
Court: USDC Maryland, Judge: Bennett, Filed On: December 20, 2023, Case #: 1:23cv2699, NOS: Education - Civil Rights, Categories: Education, Equal Protection, Injunction
J. Coulson grants the transportation department’s unopposed motion for summary judgment in this Americans with Disabilities Act lawsuit brought by a potential employee alleging he was not hired for a position due to his race, sex, age and disability. The potential employee fails to sufficiently establish that he was qualified for the position or that his claims for discrimination and retaliation were an adverse action. The potential employee also failed to answer the motion in the timely manner.
Court: USDC Maryland, Judge: Coulson, Filed On: December 20, 2023, Case #: 1:23cv983, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment
J. Boardman denies a subcontractor’s motion to dismiss a surety’s third-party complaint in this Miller Act claim for contractual indemnification as unripe. Under the indemnification agreement liability cannot be transferred to subcontractor to enforce the Miller Act and the prevention doctrine is considered a non sequitur. The court cannot determine at this stage if the claims in fact are covered by the indemnification agreements.
Court: USDC Maryland, Judge: Boardman, Filed On: December 20, 2023, Case #: 8:22cv2789, NOS: Miller Act - Contract, Categories: Construction, Indemnification, Contract
J. Hurson dismisses, without prejudice, a student’s financial aid claim in favor of the university. The student alleges he was discriminated against for being a low-income student from West Africa, but fails to support these facts.
Court: USDC Maryland, Judge: Hurson, Filed On: December 20, 2023, Case #: 1:22cv3096, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Boardman grants a general contractor’s motion to dismiss a subcontractor’s counterclaim in this Miller Act dispute claiming a breach of subcontract for not paying under the agreement. The general contractor alleges damages for delay, base contract work and change in work per the contract. The subcontractor fails to prove or allege that the contract was satisfied. The subcontractor fails to offer any request or a proper memorandum to support their motion. Therefore, the motion to dismiss the general contractor’s crossclaims is denied.
Court: USDC Maryland, Judge: Boardman, Filed On: December 20, 2023, Case #: 8:22cv2789, NOS: Miller Act - Contract, Categories: Construction, Contract
J. Messitte defers the Netherlands-based water utility company’s motion to compel the production of discovery documents withheld pending the appointment of a special master. Therefore, the board’s motion to modify order granting ex parte application and to modify subpoenas will be denied. The parties must put in writing their proposed special master appointment and any other issues associated with this case.
Court: USDC Maryland, Judge: Messitte, Filed On: December 19, 2023, Case #: 8:22mc508, NOS: Other Statutory Actions - Other Suits, Categories: Water, Discovery
J. Griggsby grants a cannabis company’s renewed motion to dismiss counterclaims from a cannabis processer manager this contract breach suit alleging that he did not communicate with the Maryland Medical Cannabis Commission to transfer management pursuant a stock agreement. The manager’s counterclaims lack allegations to support any of the elements brought forward and he fails to state plausible claims based on recission his counterclaims are dismissed.
Court: USDC Maryland, Judge: Griggsby, Filed On: December 19, 2023, Case #: 1:22cv90, NOS: Other Contract - Contract, Categories: Securities, Contract
J. Chuang grants, in part, the education board’s motion to dismiss in this Rehabilitation Act lawsuit brought by a former employee alleging hostile work environment, failure to accommodate, constructive discharge and retaliation in connection with her PTSD. The former employee fails to sufficiently establish her claim of a hostile work environment and constructive discharge. The failure to accommodate and the retaliation that pertains to the accommodation claims survive due to denial of her request. The request for punitive damages is stricken.
Court: USDC Maryland, Judge: Chuang, Filed On: December 19, 2023, Case #: 8:23cv299, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Messitte denies a girlfriend’s motion to dismiss and grants her boyfriend’s motion to deem in this contract counterclaims dispute from the parties entering a financial agreement to invest money into a larger entity. The boyfriend does state a plausible claim on all counts against the girlfriend but will still need to prove them at the later proceedings. It is also ordered that the exhibits remain under seal. The clerk shall send the memorandum opinion and order to the girlfriend to file her answer.
Court: USDC Maryland, Judge: Messitte, Filed On: December 18, 2023, Case #: 8:23cv2466, NOS: Other Contract - Contract, Categories: Contract
J. Chasanow grants, in part, a group of corporations operating three elder living services and a buyer’s counterclaims for motion of summary judgment after the the buyer entered a sales agreement for the purchase of the group’s skilled nursing facility on the property. The group failed to show a breach dispute, warranting summary judgment in favor of the buyer. An entry of judgment is ordered in the amount of $400,000 with interest of $197.26 per day until the group returns the amount to the escrow.
Court: USDC Maryland, Judge: Chasanow, Filed On: December 18, 2023, Case #: 8:23cv574, NOS: Other Contract - Contract, Categories: Property, Settlements, Contract
J. Xinis grants a urology practice’s motion to dismiss for failure to state a claim in this employment dispute brought by two former employees in allegations of failure to provide accommodations, race discrimination, hostile work environment and retaliation. One of the employees’ claims are dismissed for failure to state a claim or show an adverse action; the other’s are dismissed with leave to file an amended complaint to provide a statement of fact why she was the brunt of adverse action claims.
Court: USDC Maryland, Judge: Xinis, Filed On: December 18, 2023, Case #: 8:23cv213, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation