93 results for 'court:"USDC Puerto Rico"'.
J. Carreno-Coll grants American Airline's motion to dismiss. The Puerto Rican citizens purchased tickets to fly from Puerto Rico to Rome, Italy via a connection in Philadelphia, but were prevented from boarding the next flight for various reasons, including not having return tickets. The Montreal Convention preempts the federal and state law claims, and the Air Carriers Access Act does not provide for a private cause of action.
Court: USDC Puerto Rico, Judge: Carreno-Coll, Filed On: March 27, 2024, Case #: 3:23cv1306, NOS: Other Personal Injury - Torts - Personal Injury, Categories: International Law, Transportation, Contract
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J. Méndez-Miró grants the conservation trust's motion for summary judgment on a landowner's claims it fraudulently induced him into executing a deed constituting a perpetual land conservation easement in favor of the trust over his real property, misrepresenting he would receive $750,000 in tax credits. The conservation easement is a voluntary agreement limiting use of a property to protect its natural, cultural or agricultural worth. The Puerto Rico Treasury Department’s denial of the tax credit is not illegal and does not render the deed null.
Court: USDC Puerto Rico, Judge: Méndez-Miró, Filed On: March 26, 2024, Case #: 3:22cv1256, NOS: Other Contract - Contract, Categories: Agriculture, Property, Trusts
J. Antongiorgi-Jordán grants the hospital's motion to dismiss this wrongful termination and retaliation suit. The disabled dietician who was promoted to the position of director of nutritional services claims she was terminated due to her having filed a complaint against a coworker for creating a hostile work environment. The dietician did not file her retaliation claim within 180 days, as required. Although her discrimination claim was filed within limitations, it does not extend the deadline for the retaliation claim.
Court: USDC Puerto Rico, Judge: Antongiorgi-Jordán, Filed On: March 25, 2024, Case #: 3:22cv1322, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Antongiorgi-Jordan grants the insurer's motion to dismiss. The family of the minor student who requires special education services alleges the school violated their due process rights, resulting in physical and emotional damages due to the school's failure to provide adequate care and supervision. The insurer did not insure the school at the time of the alleged events, and the family fails to state a claim.
Court: USDC Puerto Rico, Judge: Antongiorgi-Jordan, Filed On: March 22, 2024, Case #: 3:22cv1419, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Education, Insurance
J. Velez-Rive denies in part the Municipality of Aguadilla mayor's motion to dismiss a complaint brought by an employee who claims her position was transferred due to her political affiliations. The employee has sufficiently pleaded her claims of political discrimination based on allegations that the mayor identified her as a member of the opposing political party and then transferred her to a place where she had explicitly told him she would be unable to work.
Court: USDC Puerto Rico, Judge: Velez-Rive, Filed On: March 18, 2024, Case #: 3:23cv1501, NOS: Civil Rights - Habeas Corpus, Categories: Employment Discrimination, Employment Retaliation
J. Carreno-Coll grants the United States' motion to dismiss the injured man's claims against it stemming from a motor vehicle collision, along with the insurance company and the driver's employer's motion to dismiss. This court lacks subject-matter jurisdiction over this case because the driver was not employed directly by the U.S. Postal Service, as the injured man alleged. The injured man also has not proven that the United States was properly served. The court also declines to exercise supplemental jurisdiction over the injured man's claim under Puerto Rico law.
Court: USDC Puerto Rico, Judge: Carreno-Coll, Filed On: February 23, 2024, Case #: 3:22cv1130, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Jurisdiction
J. Mendez-Miro grants the hospital and doctors' motion to exclude the testimony of one expert, but denies their motion to exclude another's testimony and a supplement to a motion in limine. The first expert, a neurologist, came to broad conclusions about the standard of care that do not rest on reliable scientific methodologies or grounds. The hospital and doctors' contentions that the second, testifying as a Life Care Planner, engaged in unsupported speculation are not sufficient reason to exclude his testimony. The supplement, finally, does not include any new theories or evidence surprising to the hospital or doctors, and is harmless.
Court: USDC Puerto Rico, Judge: Mendez-Miro, Filed On: February 23, 2024, Case #: 3:20cv1431, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Experts, Medical Malpractice
J. Lopez partially grants both the Uber passenger and Uber's insurer's motions for summary judgment in an uninsured-motorist suit with additional defamation claims. The passenger's tortious breach of the implied covenant of good faith and fair dealing, tort, and defamation claims against Uber's insurer are dismissed, as is his claim for unfair claims adjustment practices. His claims for bad-faith or contractual breach of the implied covenant of good faith and fair dealing and breach of contract claims against the insurer and tort claims against the two uninsured drivers survive, as do the insurer's crossclaims against the drivers. Uber's insurer's crossclaim against the passenger's insurer is dismissed, while the passenger's insurer's claim against Uber's insurer is maintained.
Court: USDC Puerto Rico, Judge: Lopez, Filed On: February 23, 2024, Case #: 3:20cv1074, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Tort
J. Velez-Rive vacates a default judgment granted to the employee against the employer. The employee has not proven that he properly served the employer, the employer has provided a satisfactory explanation for its failure to timely appear, and there are exceptional circumstances warranting setting aside the judgment. The employee has also not shown that vacating the judgment would prejudice him.
Court: USDC Puerto Rico, Judge: Velez-Rive, Filed On: February 15, 2024, Case #: 3:18cv1075, NOS: Employment - Civil Rights, Categories: Employment, Due Process
J. Mendez-Miro grants the nonparties' motions to quash the employer's two subpoenas seeking testimony and documents related to the formation of the business the employee co-founded after she was terminated by the employer, allegedly because of her pregnancy. The employer's subpoenas do not include the text of two relevant rules as required under those rules, and the information they seek has not yet been sought from the employee herself, who could potentially provide it in a less burdensome way. The subpoenas issued to a bank also seek information beyond the employee's financial information and, therefore, are irrelevant.
Court: USDC Puerto Rico, Judge: Mendez-Miro, Filed On: February 15, 2024, Case #: 3:22cv1167, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Discovery, Employment Discrimination