174 results for 'court:"USDC Kansas"'.
J. Mitchell grants a former library director's motion to leave to file a second amended complaint concerning her termination for suggesting a plan to create a rainbow style display, which some "interpreted as supporting gay rights." The former director sufficiently showed in court that she is entitled to pursue claims related to her library wages and retirement benefits.
Court: USDC Kansas, Judge: Mitchell, Filed On: April 22, 2024, Case #: 2:23cv2401, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment
J. Robinson denies a civilian's motion to stay proceedings pending the outcome of a decision from a Supreme Court concerning claims of viewpoint-discrimination against a county commission. The county commissioners sufficiently showed in court that the civilian, who referred to them as "child abusing motherfuckers," is not entitled to relief based on qualified immunity.
Court: USDC Kansas, Judge: Robinson, Filed On: April 17, 2024, Case #: 5:24cv4005, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Equal Protection
J. Birzer grants a patient's motion to leave to file an amended complaint concerning strict products liability claims against a pharmaceutical company. The patient, who suffers from alopecia after taking a breast cancer chemotherapy drug, sufficiently showed in court that the manufacturer created an "informational tear sheet" distributed to chemotherapy nursing staff, falsely claiming that hair loss was temporary.
Court: USDC Kansas, Judge: Birzer, Filed On: April 12, 2024, Case #: 6:23cv1228, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Negligence, Product Liability
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J. Robinson denies a roof contractor's motion for preliminary injunction concerning tortious interference claims against a business rival. The business rival, who won the contract for a drinking reservoir project, sufficiently showed in court that it did not mislead the city with its qualification package and submitted bids.
Court: USDC Kansas, Judge: Robinson, Filed On: April 9, 2024, Case #: 2:23cv2339, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Construction, Contract, Injunction
J. Melgren rules a precious metal buyer and class leader may pursue securities fraud claims against a precious metal dealer. The precious metal buyer sufficiently showed in court that the dealer convinced him to create an IRA account as part of a "low-risk method for growing wealth" for a Silver Lease Program, without disclosing that it was administered by a third party who pocketed his investment.
Court: USDC Kansas, Judge: Melgren, Filed On: April 8, 2024, Case #: 6:23cv1064, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Contract
J. Robinson denies a civilian's motion for preliminary injunction concerning claims that a board of City commissioners violated his free speech and equal protection rights. The City commissioners sufficiently showed in court that the civilian was extraordinarily disruptive during open public meetings, which resulted in warnings after he refused to stay on topic by presenting non- germane matters.
Court: USDC Kansas, Judge: Robinson, Filed On: April 8, 2024, Case #: 5:23cv4107, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Injunction
J. Robinson rules a civilian may pursue retaliation claims against a board of City commissioners. The civilian, a Republican candidate for County Commissioner, sufficiently showed in court that the board chilled his speech by interrupting him during public commentary.
Court: USDC Kansas, Judge: Robinson, Filed On: April 1, 2024, Case #: 5:23cv4107, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Elections, Equal Protection
J. Crabtree grants a motel's motion for summary judgment concerning a guest's negligence claims over injuries she suffered when a stray bullet penetrated her toe from outside of a window at the hands of a gang member. The motel sufficiently showed in court that it does not owe the guest monetary damages based on the unforeseeable circumstances.
Court: USDC Kansas, Judge: Crabtree, Filed On: March 28, 2024, Case #: 2:21cv2552, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence
J. Crabtree grants a City's motion to dismiss a former employee's equal protection claims. The employee, a municipal judge who underwent monthly infusions for an illness, failed to sufficiently show in court that she could assert a "class of one" claim in the public employment arena.
Court: USDC Kansas, Judge: Crabtree, Filed On: March 25, 2024, Case #: 2:23cv2043, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Employment, Equal Protection
J. Vratil rules a pet food equipment company may pursue unjust enrichment claims against commercial food byproducts company. The pet food equipment company sufficiently alleged that the commercial byproducts company overcharged it for goods and services, and "kept its descriptions vague" in order to mark up its profit margin.
Court: USDC Kansas, Judge: Vratil, Filed On: March 18, 2024, Case #: 2:23cv2575, NOS: Other Contract - Contract, Categories: Fraud, Jurisdiction, Contract
J. Crabtree rules an estate administrator may pursue wrongful death claims against a nursing home. The estate administrator sufficiently showed in court that nursing home employees failed to prevent her father from walking without assistance, falling, and suffering fatal injuries.
Court: USDC Kansas, Judge: Crabtree, Filed On: March 6, 2024, Case #: 2:22cv2385, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Health Care, Negligence, Wrongful Death