111 results for 'court:"USDC South Carolina Aiken"'.
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J. Austin grants the developers' motion to transfer to the Southern District of Florida. The investor says it funded the developer $17.5 million in exchange for an equity investment in underlying real estate investments and the developer breached its fiduciary duty. The developer has filed an appearance in another, similar case in Florida involving the investor, and has moved to quash a subpoena issued to it. The investor's primary corporate and registered offices are in the Southern District of Florida and the Florida defendants, who handled administrative services for the investor, are associated with the original funding to the developer.
Court: USDC South Carolina Aiken, Judge: Austin , Filed On: March 27, 2024, Case #: 6:22cv4501, NOS: Other Contract - Contract, Categories: Real Estate, Jurisdiction, Contract
J. Lewis grants the medical transport service's request for default judgment, awarding it $469,000 in damages and interest. The service subcontracted to provide transport for Veterans Affairs, the company under which it contracted later having a controlling interest obtained by the other party to this suit. This party failed to pay the service after it entered into a new contract with the service. The service has established the new contractor failed to perform under the contract.
Court: USDC South Carolina Aiken, Judge: Lewis , Filed On: March 27, 2024, Case #: 3:21cv2801, NOS: Other Contract - Contract, Categories: Government, Damages, Contract
J. Norton denies Boeing's motion to dismiss an age discrimination suit. The employee, who is over the age of 40, says a supervisor lowered his evaluations after the employee reported his antagonistic behavior. The employee says the supervisor also altered his job title in order include him in a list of workforce reduction layoffs. Allegations the supervisor changed the employee's job title, that the only other people laid off were 53 and 55, and that the employee was replaced with younger employees are sufficient to make a plausible claim for age discrimination.
Court: USDC South Carolina Aiken, Judge: Norton , Filed On: March 27, 2024, Case #: 2:23cv2631, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Employment Discrimination
J. Cain grants the Army's motion to dismiss this employment discrimination case. The black, female, mentally-challenged administrative assistant says her position description was changed in order to harass and discriminate against her. She says additional duties were not consistent with those assigned to others in her position and her work performance was continually scrutinized. The employee fails to offer allegations or evidence that other employees are valid comparators. The absence of minorities in upper-level positions does not prove discrimination without the comparison.
Court: USDC South Carolina Aiken, Judge: Cain , Filed On: March 26, 2024, Case #: 3:21cv3708, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Cain grants the bank's motion for summary judgment on the breach of contract claim. The putative customer class alleges the bank improperly imposed fees for electronic bank transactions. The regional bank maintains locations only in Michigan and Ohio, and South Carolina's Door Closing Statute preventing the named individual from representing out-of-state plaintiffs precludes certification of the putative classes.
Court: USDC South Carolina Aiken, Judge: Cain , Filed On: March 26, 2024, Case #: 7:20cv1948, NOS: Other Contract - Contract, Categories: Banking / Lending, Class Action, Contract
J. Norton grants the cancer patient's motion for reconsideration. The court awarded summary judgment to the military doctor and government as to the patient's claims the doctor forged his signature on a form consenting to having his prostatectomy performed by a less-skilled surgeon. The patient incurred complications after surgery requiring further medical intervention. A motion in limine has been filed requesting to name a handwriting expert as a witness, and the government has also submitted new evidence. The evidence now is meaningfully different from that before the court on the motions for summary judgment.
Court: USDC South Carolina Aiken, Judge: Norton, Filed On: March 25, 2024, Case #: 2:21cv3801, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Evidence, Government, Medical Malpractice
J. Lewis grants the amusement parks' motion for summary judgment. The inspector whose hand was amputated during an inspection says park employees operated the apparatus at an unsafe speed during inspection, causing the amputation. The inspector has stated he was trained to touch a wire rope, but not told where to position himself, nor of a designated safe operating speed. The injured party has failed to establish duty of care and proximate cause for his negligence claim against the company.
Court: USDC South Carolina Aiken, Judge: Lewis, Filed On: March 25, 2024, Case #: 0:22cv1114, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence
[Consolidated.] J. Austin denies the landfill's motion to dismiss. The residents claim gross negligence and recklessness against the landfill after its acceptance of additional tonnage of waste resulted in the release of noxious odors, as well as the physical intrusion of trash, hazardous waste, soiled diapers and other solid waste onto the residents' properties. Allegations are sufficient to establish a plausible claim for relief.
Court: USDC South Carolina Aiken, Judge: Austin, Filed On: March 25, 2024, Case #: 8:23cv1417, NOS: Torts to Land - Real Property, Categories: Environment, Negligence
J. Norton finds in favor of the school board in this employment dispute alleging race and gender discrimination. Although the teacher claims that students called her derogatory names, swore at her and made sexual comments in her presence, there is no evidence that the teacher reported that these incidents made her feel like she was being discriminated against. She does not claim that a district employee ever harassed her.
Court: USDC South Carolina Aiken, Judge: Norton, Filed On: March 18, 2024, Case #: 2:21cv1472, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination