6 results for 'casenum:"23cv442"'.
J. Dever grants a multi-level marketing company and three of its corporate officers’ motions to compel arbitration following allegations of defamation, battery and contractual interference brought by a former independent business owner. The owner contracted with the company to sell its products. He expressed concern that the company was not investigating its support of former Vice President Mike Pence with regard to the 2020 election. Conflicts between the owner and the three officers escalated until, at a baseball game where company staff attended together, the officers allegedly accosted him and accused him of being armed, “mentally ill,” and “of the Devil,” then called the police. The police then escorted him out of the park where he claims ten of them punched and kicked him, breaking his ribs. The owner is unopposed to the company moving for arbitration but disagrees that the individuals involved can arbitrate because they didn’t sign the contract between him and the company. However, the individuals are affiliated with the company and can therefore compel arbitration.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: May 9, 2024, Case #: 5:23cv442, NOS: Other Contract - Contract, Categories: Arbitration, Defamation, Interference With Contract
J. Peterson enters default judgment in favor of an employee. An employee alleges her employer fired her because she became pregnant and did not want to allow her to take medical leave. Because the the employer failed to appear or respond to the complaint, and because the employee has made plausible claims, the instant court finds in favor of the employee awarding her $150,176 in damages, as well as attorney fees and costs.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: April 18, 2024, Case #: 23cv442, NOS: Employment - Civil Rights, Categories: Employment, Damages, Employment Retaliation
J. Trauger denies the Doe defendants' dismissal motion in this declaratory judgment action brought by an insurance company, "seeking a declaration that it has no duty to defend" a fencing coach and his fencing club in the underlying lawsuit. The Doe defendants, which allegedly include a former fencing student and her parents, contend that there is no actual controversy with regard to the duty to defend, or alternatively, that the claims against them should be dismissed. However, the court will not dismiss the case based on their arguments, as it "clearly has subject matter jurisdiction over this dispute."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 5, 2023, Case #: 3:23cv442, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction, Indemnification
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J. Copperhite denies in part a motion by the Maryland State Police to dismiss race discrimination and retaliation allegations brought by a former deputy chief state fire marshal. The marshal, a Black man, claims that he was singled out for discipline regarding backlogged reports when most employees were guilty of the same. When the marshal filed an EEOC complaint, the department suspended him and the deputy director of the Office of Equity and Inclusion told him to “keep his mouth shut.” Although the department is protected under sovereign immunity, the argument of race discrimination is sufficient based on a comparison between the department's treatment of the marshal versus his white coworkers.
Court: USDC Maryland, Judge: Copperhite, Filed On: August 8, 2023, Case #: 1:23cv442, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation