67 results for 'court:"USDC Eastern District of Missouri"'.
J. White grants the cleaning company's motion to dismiss overtime claims brought by two housekeepers alleging the company has a practice of arbitrarily reducing employees' wages, sometimes as a way to discipline its workers. The employees' hourly rate was $19 per hour, well above minimum wage, so even if their rate was reduced, it was still legal. Further, the complaint fails to allege the number of hours the employees' worked in a particular workweek.
Court: USDC Eastern District of Missouri, Judge: White, Filed On: April 12, 2024, Case #: 4:23cv1479, NOS: Employment - Civil Rights, Categories: Employment
J. Sippel finds for the subcontractor in a contract dispute with a general contractor seeking to recover costs after it terminated the subcontractor from a construction project. The general contractor is not entitled to recover any excess costs under the contract because it did not provide written notice to the subcontractor of why it was being kicked off the project as required by the contract.
Court: USDC Eastern District of Missouri, Judge: Sippel, Filed On: April 11, 2024, Case #: 4:22cv1105, NOS: Other Contract - Contract, Categories: Construction, Contract
J. Ross denies the defendant consultants' motion to dismiss claims related to a fraudulent wire transfer. Several defendants named by the insurer reside in Missouri, and personal jurisdiction over the consultants is proper in Missouri because, under RICO, the insurer need only show that they have minimum contacts with the U.S.
Court: USDC Eastern District of Missouri, Judge: Ross, Filed On: April 2, 2024, Case #: 4:22cv1391, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Fraud, Racketeering
J. Ross denies both parties motions' for summary judgment in an ERISA suit seeking unpaid contributions from three interrelated construction companies. There is ample evidence for a jury to find that the three companies share a single owner, some managers, and share equipment. In addition, evidence suggests that one company siphoned off work from a related company within the iron worker trade jurisdiction in order to avoid paying required contributions to the fund. These disputes of material fact are properly resolved at a trial.
Court: USDC Eastern District of Missouri, Judge: Ross, Filed On: March 29, 2024, Case #: 4:21cv223, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Corporations, Erisa
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J. Clark denies the car buyer's motion to certify a class of buyer's allegedly misled by the insurer about damages to their cars. The insurer obtained a clean title for the car after it had been involved in an accident and sold for salvage. It was then resold to the buyer, who was unaware of its accident history. However, purchase of a mistitled vehicle does not, by itself, prove reliance. Therefore, individual questions of reliance predominate because they rely upon the circumstantial evidence of each purchase.
Court: USDC Eastern District of Missouri, Judge: Clark, Filed On: March 14, 2024, Case #: 4:22cv385, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Sippel finds for the insurer in a dispute over damages incurred in connection with the failure of a retaining wall on the construction site of a new apartment building. The owner is not entitled to alleged loss of rental income, because this provision applies solely to the named insured, which is only the construction company, not to additional named insured.
Court: USDC Eastern District of Missouri, Judge: Sippel, Filed On: March 11, 2024, Case #: 4:22cv849, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Fleissig finds for the hospital on a former employee's religious and ADA discrimination claims. The hospital reasonably denied the employee a religious exemption for the Covid-19 vaccine, finding that she could not identify any religious belief that would be violated if she received the vaccine. Further, she cannot make a claim under the ADA because she was never actually diagnosed with Guillian-Barre Syndrome, even if a medical provider told her that she was at risk if she had repeated exposures to vaccinations.
Court: USDC Eastern District of Missouri, Judge: Fleissig, Filed On: March 1, 2024, Case #: 4:22cv1204, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Employment Discrimination
J. White finds for the employer in a religious discrimination suit filed by a nurse who was fired for refusing to get a Covid-19 vaccine. The hospital has a readily apparent religious affiliation and purpose, regardless that the majority of its workforce do not practice the Catholic religion. Therefore, as a religious organization, the hospital is exempt from religious discrimination claims.
Court: USDC Eastern District of Missouri, Judge: White, Filed On: February 12, 2024, Case #: 4:22cv1113, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination
J. Clark partially grants the store's motion to dismiss the consumers' class claims alleging it sent them dozens of unauthorized text messages advertising goods for sale. Some of the proposed class definitions are unauthorized fail-safe classes, and these definitions must be struck. Further, the consumers may not sue the store for not keeping an in-house do-not-call list, as this precaution would not have prevented them from receiving the text messages.
Court: USDC Eastern District of Missouri, Judge: Clark, Filed On: February 8, 2024, Case #: 423cv42, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Communications, Class Action
J. Perry grands the landfill's motion to dismiss neighbors' environmental tort claims alleging the improper handling of radioactive materials. The neighbors' claims arise out of a nuclear incident and are therefore preempted by the Price-Anderson Act. The fact that the nuclear waste was mixed with soil, diluting its concentration below the regulatory level of .05%, does not remove this case from being controlled by the Act.
Court: USDC Eastern District of Missouri, Judge: Perry, Filed On: February 1, 2024, Case #: 4:18cv672, NOS: Other Statutory Actions - Other Suits, Categories: Environment, Tort
J. White grants the insurer's motion to exclude plaintiff's expert testimony regarding how the insurer departed from industry standards in handling the plaintiff's motor vehicle claim because she is a legal expert, not an expert on insurance industry standards. The insurer's partial motion for summary judgment is also granted limiting the amount of uninsured motor vehicle coverage to $25,000.
Court: USDC Eastern District of Missouri, Judge: White, Filed On: January 18, 2024, Case #: 4:22cv724, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Experts
J. Pitlyk finds that the lower court properly denied both parties' motion for attorney's fees in this trademark dispute over the use of a family name in connection with competing HVAC businesses. Although the jury found the defendant justified in using his name to open a new HVAC business to compete with his family members, the plaintiff business's position was not frivolous, so the defendant is not entitled to fees.
Court: USDC Eastern District of Missouri, Judge: Pitlyk, Filed On: January 12, 2024, Case #: 4:19cv200, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees
J. Crites-Leoni largely denied the defendant brother's motion for partial judgment on the pleadings in a dispute over the brothers' joint ownership of a large amount of farmland. There is sufficient evidence in the record to support the existence of a partnership between the borhters, not just a landlord-tenant farming arrangement. Therefore, the plaintiff brother has standing to sue his brother for allegedly fraudulently misrepresenting the amount of income being generated by the farm.
Court: USDC Eastern District of Missouri, Judge: Crites-Leoni, Filed On: January 12, 2024, Case #: 1:21cv34, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Fraud, Real Estate, Partnerships
J. Mensah grants the media company's motion to exclude the newspaper distributors' damages expert in a contract suit alleging the company breached the distributors' exclusive home delivery rights for the St. Louis Post-Dispatch newspaper by offering an electronic version of the paper. The expert's opinion is based on the presumption that the contracts entitle the distributors to a fee for each digital delivery, but this presumption is not supported by the text of the agreements.
Court: USDC Eastern District of Missouri, Judge: Mensah, Filed On: December 28, 2023, Case #: 4:22cv344, NOS: Other Contract - Contract, Categories: Experts, Contract
J. Fleissig partially denies the school district's motion to quash a third-party subpoena directed at the firm it hired to investigate allegations of sexual abuse of students by school staff in the 1980s. The evidence does not indicate that the firm was retained to provide legal advice, so the information it has accumulated in its investigation is not protected by attorney-client privilege, nor was the information collected in anticipation of litigation. However, information relating to allegations of abuse by school staff that allegedly took place after the plaintiff's alleged abuse are not relevant to her claims.
Court: USDC Eastern District of Missouri, Judge: Fleissig, Filed On: December 15, 2023, Case #: 4:21cv1130, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Discovery, Privilege
J. Ross denies the company's motion to dismiss a consumer's class action alleging violations of the Telephone Consumer Protection Act. The consumer claims he received multiple text messages encouraging him to use the company's service to sell his home, but he never consented to receiving the text messages. The messages were not merely an offer to purchase the consumer's home, but to provide a service for an effective fee. Therefore, the TCPA claims may proceed.
Court: USDC Eastern District of Missouri, Judge: Ross, Filed On: December 15, 2023, Case #: 4:23cv126, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Communications, Class Action
J. Collins grants the plaintiff company's motion for damages upon the entry of default judgment against the German equipment seller in the amount of $988,000 plus $57,000 in sanctions for intentional misconduct.
Court: USDC Eastern District of Missouri, Judge: Collins, Filed On: November 22, 2023, Case #: 4:20cv359, NOS: Other Contract - Contract, Categories: Sanctions, Damages, Contract