456 results for 'court:"USDC Maryland"'.
J. Griggsby grants summary judgment in favor of the lessor in this lease contract dispute of three modular classroom units. The school failed to pay the rent due on the three leases. The school shall pay the lessor for a total of $387,828 for the breach of building payment, $80,142 for damages to the principal amount and $39,878 for prejudgment interest for the breach of classroom lease.
Court: USDC Maryland, Judge: Griggsby, Filed On: December 18, 2023, Case #: 1:20cv887, NOS: Other Contract - Contract, Categories: Property, Damages, Contract
J. Coulson grants the clerk of court’s motion to dismiss in this disability discrimination and retaliation suit brought by a former courtroom clerk. The employee states the employer knew he was diagnosed with PTSD and other health conditions before being hired, and knew he needed accommodations, but the employee fails to plausibly allege a connection to an adverse employment action. The court denies the employee’s motion for leave to file an amended complaint.
Court: USDC Maryland, Judge: Coulson, Filed On: December 14, 2023, Case #: 1:23cv1869, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Chuang grants Amazon’s motion to dismiss a self-representative company’s patent claims alleging that Ring through Amazon infringed on the company’s “Fire Protection System with Fan Shut Off, Including a Camera and a Display Unit.” The owner fails to state facts to support that it was intended to induce infringement by others. The court also dismisses without prejudice for failure to state a claim for improper venue to Ring.
Court: USDC Maryland, Judge: Chuang, Filed On: December 14, 2023, Case #: 8:22cv2319, NOS: Patent - Property Rights, Categories: Patent, Jurisdiction
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J. Coulson denies motion to compel production of documents in this reimbursement insurance dispute from carbon monoxide poisoning between two commercial insurers, Twin City Fire Insurance and Axis Insurance. Axis alleges that Twin City and its non-party customer have withheld some documents in response to discovery. The court finds Axis requests for documents are potentially relevant but cannot determine that they have demonstrated a substantial need and finds that the common-interest doctrine applies because Twin City and its non-party customer shared the same interest of obtaining reimbursement of damages.
Court: USDC Maryland, Judge: Coulson, Filed On: December 11, 2023, Case #: 1:22cv769, NOS: Insurance - Contract, Categories: Insurance, Discovery, Privilege
J. Griggsby partially grants a contractor’s motion to exclude testimony from two experts retained by a manufacturer as well as its cross-motion to exclude testimony from the contractor’s expert in this contract dispute. A report brought by the manufacturer’s expert will not be struck in full, but part of his opinion included a legal conclusion that will be struck. The manufacturer’s president is directed to produce additional information regarding his opinions. The contractor's construction management expert will not be excluded, but must produce additional information regarding disputed flash cards and logs in order to reopen discovery. The court also grants the manufacturer’s motion for sanctions and an insurer's motions for attorney fees; the contractor must pay a total of $30,410 to the firm and $10,347 to the insurer for expenses incurred during the reopened discovery period.
Court: USDC Maryland, Judge: Griggsby, Filed On: December 8, 2023, Case #: 1:19cv2323, NOS: Other Contract - Contract, Categories: Experts, Discovery, Contract
J. Abelson grants the postmaster general his motion to dismiss allegations of race discrimination and retaliation brought by a potential employee. The potential employee, a Black man, was terminated from the FDA and argues he was denied employment at the Postal Service due to his race and national origin. In his amended discrimination claim, he fails to add factual allegations that the postmaster took adverse action by hiring someone less qualified and based on his previous employer’s performance review; this is dismissed with prejudice. He also failed to state a claim for retaliation.
Court: USDC Maryland, Judge: Abelson, Filed On: December 8, 2023, Case #: 1:21cv2709, NOS: Employment - Civil Rights, Categories: Government, Employment Discrimination, Employment Retaliation
J. Gallagher grants summary judgment in favor of Walmart in this lawsuit brought by two shoppers involved in a confrontation with the store’s employee. The shoppers allege a host of claims claims for battery, assault, defamation, racial discrimination, false arrest and imprisonment, malicious prosecution, intentional Infliction of emotional distress, and multiple negligence theories after an employee accused them of shoplifting. The evidence shows the employee used self-defense, had a legal reason to detain, did not pose an unreasonable risk of harm and the police did their own investigation when one of the shoppers physically attacked the employee first. A jury reasonably could not find emotional distress was inflicted, or that this was a racial incident.
Court: USDC Maryland, Judge: Gallagher, Filed On: December 8, 2023, Case #: 1:22cv1029, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Negligence, Defamation, Assault
J. Hurson partially grants summary judgment in favor of a bank in this lawsuit claiming a former banker was discriminated and retaliated against in violation of the Americans with Disabilities Act. The banker states that she was wrongfully terminated after the bank supervisors made negative remarks about her disability to both her and her husband and berated her when she requested to use her FMLA leave. She fails to establish prima facie or to point out a genuine dispute on the discrimination, retaliation and failure to accommodate claims. She was consistent in her recollection of events and did provide a genuine dispute on the hostile work environment claim.
Court: USDC Maryland, Judge: Hurson, Filed On: December 7, 2023, Case #: 8:22cv1759, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Hollander grants, in part, HBO’s motion to dismiss for failure to state a claim in this defamation suit brought by an exotic dancer. The dancer alleges the TV network showed a three-minute scene implying that she engaged in prostitution with a sergeant on a worldwide series titled “We Own This City” which shows a corrupt unit and now an inoperative gun trace task force of the Baltimore Police Department. The dancer has stated a claim of defamation and false light by HBO “implying that she engaged in prostitution” with the sergeant. HBO is granted leave to file a USB drive with the copy of the series.
Court: USDC Maryland, Judge: Hollander, Filed On: December 7, 2023, Case #: 1:23cv233, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation
J. Russell grants, in part, a nursing home’s motion to dismiss in this lawsuit brought by a former employee alleging race discrimination and retaliation. The former cannot establish that other similarly situated employees were treated more favorably than her to support her race discrimination claims. She has plead prima facie that the adverse reaction of retaliation happened after the nursing home became aware of the protected activity. Therefore, the motion to dismiss discrimination is granted. The retaliation claim is denied, and the nursing home must answer the complaint.
Court: USDC Maryland, Judge: Russell, Filed On: December 7, 2023, Case #: 1:22cv43, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Griggsby grants, in part, the police department, a major and several officers’ motion to dismiss and summary judgment in claims brought after a suspect crashed with a driver and passenger during a high-speed chase. The driver died and the passenger was seriously injured, the negligence in the chase fell on the police department, a major and the officers. In the amended complaint, the unrebutted evidence fails to show that driver and passenger’s harm was caused by the officers or related to poor training by the department. The amended complaint is dismissed.
Court: USDC Maryland, Judge: Griggsby, Filed On: December 6, 2023, Case #: 1:21cv969, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Wrongful Death
J. Coulson grants, in part, a title insurance company’s motion to strike and motion to dismiss this is contract and duty of good faith claims brought by a mortgage lender who purchased a lender’s policy. The mortgage lender is not permitted to recover in the second lawsuit. Therefore, this case shall be dismissed.
Court: USDC Maryland, Judge: Coulson, Filed On: December 5, 2023, Case #: 1:23cv1416, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Rubin grants, in part, a debt collection law firm’s motion to dismiss this foreclosure case alleging that the mortgage servicer violated the fair debt collection laws. The citizen failed to prove the companies deceived her regarding the loan dismissing all claims but the fair debt collection law. The law firm failed to verify this debt in a timely response.
Court: USDC Maryland, Judge: Rubin, Filed On: December 4, 2023, Case #: 1:23cv452, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Foreclosure
J. Hollander grants a marketing company’s motion to reopen discovery to conduct a deposition of a former employee in this employment dispute of the severance agreement being forged. The company alleges good cause to conduct the deposition due to the fact that the former employee had the opportunity to depose the company’s chief executive officer. The former employee’s motion for sanctions is denied.
Court: USDC Maryland, Judge: Hollander, Filed On: December 1, 2023, Case #: 1:21cv309, NOS: Other Contract - Contract, Categories: Employment, Defamation, Discovery
J. Chuang dismisses this amended complaint alleging a Bivens claim for defamation and deliberate indifference to the health and safety of a father and his minor children by an advocacy specialist. The father fails to meet the burden to show the specialist’s defamatory statements were made outside her employment and cannot prevail in challenging under the government’s certification.
Court: USDC Maryland, Judge: Chuang, Filed On: November 30, 2023, Case #: 8:22cv3377, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation
J. Breder denies as moot a former employee’s motion to enter physical exhibits and the employer’s motion to dismiss the complaint in this employment lawsuit. However, the employee did indicate the that he is “unable to function” due to the incident of being detained and arrested by the employer. The court will grant the employer’s motion to dismiss the amended complaint, giving the employee leave to amend his emotional distress and conspiracy claims only.
Court: USDC Maryland, Judge: Bredar, Filed On: November 30, 2023, Case #: 1:23cv1993, NOS: Employment - Civil Rights, Categories: Employment, Emotional Distress
J. Rubin denies a former employee’s motion to dismiss in this lawsuit brought by a logistics company alleging a scheme to steal confidential trade secrets. The logistics company alleges when the employee provided his resignation he lied and failed to disclose information about his future employment. During the transition period is when the employee misrepresented by concealment the company’s confidential data causing material harm and damages.
Court: USDC Maryland, Judge: Rubin, Filed On: November 28, 2023, Case #: 1:23cv242, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets
J. Messitte denies an employer’s motion to stay case and remand to arbitration to permit expert evidence and grants summary judgement in favor of the union in this wrongful termination of an employee labor dispute. The employee was allegedly terminated after he failed a drug screening violating the parties’ agreement leading to arbitration. The arbitrator directed the employee be reinstated with back pay. The court orders $76,056.00 in damages and attorney fees owed to the union.
Court: USDC Maryland, Judge: Messitte, Filed On: November 22, 2023, Case #: 8:23cv780, NOS: Employment - Civil Rights, Categories: Arbitration, Employment, Settlements
J. Coulson admits that the court’s previous order calculating damages was based on a legal error in the valuation of damages. The court grants an additional $1,720.96 in damages for a total of $6,894.96 owed to the logistics company whose trailer and cargo was never returned after an accident. The parties can petition to reopen discovery for the purpose of the value of the trailer and cargo while in the towing company’s possession.
Court: USDC Maryland, Judge: Gallagher, Filed On: November 21, 2023, Case #: 1:22cv2409, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Vehicle, Damages, Negligence
J. Gallagher grants a transport company’s motion to dismiss this amended complaint in this lawsuit brought by a former employee alleging negligence, defamation, constructive fraud and false light invasion of privacy based on the company’s drug testing procedures. The employee was terminated after he took a drug test at a different facility than the employer sent him to. The former employee fails to show facts plausibly to establish of any duty to the alleged claims and this amended complaint is dismissed without prejudice.
Court: USDC Maryland, Judge: Gallagher, Filed On: November 21, 2023, Case #: 1:23cv2334, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Defamation, Privacy