117 results for 'court:"USDC Western District of Kentucky"'.
J. Boom finds for the housing authority in civil rights claims because evidence indicates a tenant's support dog had a history of aggression towards other residents, and his request for accommodations allowing the dog to be kept off-leash was unreasonable. Meanwhile, the tenant failed to demonstrate he had been retaliated against or subjected to a hostile living environment.
Court: USDC Western District of Kentucky, Judge: Boom, Filed On: April 19, 2024, Case #: 3:22cv463, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Housing
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J. Lindsay finds for defendant regarding evidence in breach of contract claims brought by a former CEO, who resigned after being recorded making controversial racial statements, because the CEO must disclose information about his alcohol abuse and treatment after he opened the door by denying using alcohol at the time he made the statements.
Court: USDC Western District of Kentucky, Judge: Lindsay, Filed On: March 28, 2024, Case #: 3:20cv3, NOS: Other Contract - Contract, Categories: Evidence, Discovery, Contract
J. Jennings grants the employer's motion for summary judgment on a former worker's claims of constructive discharge, disability discrimination, hostile work environment, retaliation, and wage and hour law violations. The employee was told she could not use overtime hours to complete work notes. She did not inform the employer she was working overtime rather than using flex time, and there was no way for the employer to know otherwise. The employee did not respond to the employer's motion for summary judgment within the allotted time, even after an extension was granted.
Court: USDC Western District of Kentucky, Judge: Jennings , Filed On: March 22, 2024, Case #: 3:21cv733, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Due Process, Employment Discrimination
J. Jennings denies the government's motion to dismiss a protestor's claims he was peacefully sharing his message on a public sidewalk outside Churchill Downs when he was arrested by a state trooper for criminal trespass, a charge that was later dropped. Defendant claims he was traumatized by his transport and incarceration due to combat PTSD. Facts demonstrate a clear injury-in-fact, traceable directly to the government's permitting scheme, although the trooper is entitled to qualified immunity.
Court: USDC Western District of Kentucky, Judge: Jennings , Filed On: March 21, 2024, Case #: 3:23cv235, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Immunity
J. Edwards grants the ketchup bottle manufacturer's motion to compel discovery. The plastic packaging manufacturer alleged the ketchup bottle manufacturer infringed upon its "oxygen scavenging" technology, and the bottle manufacturer seeks information regarding the packaging manufacturer's testing process. By providing certain testing information in its complaint, the packaging manufacturer relied on its allegedly privileged material and the bottle manufacturer's substantial need for this information is presumed.
Court: USDC Western District of Kentucky, Judge: Edwards , Filed On: March 21, 2024, Case #: 3:23cv110, NOS: Patent - Property Rights, Categories: Patent, Discovery, Technology
J. Brennenstuhl denies the doctor's motion for leave to reply to the medical group's response to his motion for leave to file a second amended complaint. The doctor brought this action against his employer alleging racial discrimination, hostile work environment and retaliation. His current motion to amend adds six new claims and names nine new individual defendants, adding RICO, mail fraud, and money laundering allegations. The doctor does not have standing to bring the RICO claim nor has he established a pattern of racketeering. Making only conclusory statements, the doctors other claims are insufficiently pleaded.
Court: USDC Western District of Kentucky, Judge: Brennenstuhl , Filed On: March 20, 2024, Case #: 4:23cv73, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination, Employment Retaliation, Racketeering
J. Jennings grants Allstate's motion to dismiss most claims in this contract and conversion suit. The purchaser of an Allstate-owned, California salvage title vehicle discovered the vehicle was stolen when he was arrested in Kentucky for receiving stolen property. Though the insurance company is now in possession of the vehicle, the purchaser has not been refunded his purchase price. Allstate's causation argument on a factual dispute regarding the arrest and vehicle seizure, as affecting the purchaser's conversion claim, is not dismissed, being better suited to a motion for summary judgment. The purchaser has failed to allege Allstate's behavior was extreme or outrageous, and the tort claim is dismissed. Punitive damages are also not assertable as independent counts.
Court: USDC Western District of Kentucky, Judge: Jennings, Filed On: March 20, 2024, Case #: 3:23cv108, NOS: Other Contract - Contract, Categories: Tort, Conversion, Contract
J. Hale grants the district's motion to dismiss this employment retaliation and discrimination suit. The former employee alleges she was subject to harassment and discrimination. Her complaint says certain supervisors were acting in the scope of their employment, and her claims must fail under the intracorporate-conspiracy doctrine. The employee's argument a supervisor was acting in his personal interest when he fired her is contradicted by the complaint. The dismissal of her improperly-made standalone claim for punitive damages does not preclude her from recovering damages if the evidence warrants.
Court: USDC Western District of Kentucky, Judge: Hale , Filed On: March 20, 2024, Case #: 3:23cv42, NOS: Other Civil Rights - Civil Rights, Categories: Damages, Employment Discrimination, Employment Retaliation
J. Boom grants the Secretary of Defense's motion to affirm the Merit Systems Protection Board’s determination that the Defense Commissary Agency lawfully terminated the employee. The employee was placed on administrative leave after allegations of sexual harassment were made against him, and consistent allegations by multiple women support the decision. The agency detailed all factors and the board thoroughly considered its analysis and the employee's arguments, and correctly concluded termination was reasonable.
Court: USDC Western District of Kentucky, Judge: Boom , Filed On: March 19, 2024, Case #: 5:22cv61, NOS: Other Civil Rights - Civil Rights, Categories: Government, Due Process, Employment Retaliation
J. Jennings grants, in part, the spirits distillery partners' motion to dismiss this breach of contract and fraud suit. The partner who filed suit says his purchasing advice was being ignored before he was cut out of critical business decisions altogether, while other partners hid certain product from him, shipping it out of state. The breach of contract allegation is barred by the statute of frauds. However, a claim of unjust enrichment has been plausibly stated, and the statute of frauds does not preclude equitable relief on this claim.
Court: USDC Western District of Kentucky, Judge: Jennings , Filed On: March 18, 2024, Case #: 3:23cv602, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Stivers grants the employer's motion for summary judgment on a former employee's discrimination action. The worker, who identifies as American Indian, failed to receive workers compensation, was passed over for a promotion and later discovered that he was the lowest paid person on his team despite having a college degree. Allegations, including having been required to work 12-hour shifts, do not fit factors established by the Sixth Circuit, and the former employee fails to establish a case for discrimination. He has failed to show the employer instituted conditions to make him quit.
Court: USDC Western District of Kentucky, Judge: Stivers , Filed On: March 15, 2024, Case #: 5:22cv33, NOS: Other Civil Rights - Civil Rights, Categories: Native Americans, Employment Discrimination
J. Jennings grants partial discovery to plaintiff trust owners in fiduciary duty claims by requiring defendant, the other trust owner, to produce documents related to a pair of prior business transactions. However, sanctions are not warranted because defendant did not act in bad faith when he originally declined to produce the evidence.
Court: USDC Western District of Kentucky, Judge: Jennings, Filed On: March 13, 2024, Case #: 3:21cv289, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Sanctions, Trusts, Discovery
J. Stivers rules in part for the Marker's Mark whiskey distillery regarding evidence in a trademark claims contending defendant sold cigars in violation of the Maker's Mark trademark following termination of the licensing agreement. However, the survey performed by an expert witness to demonstrate the similarities between the cigars should be excluded because the expert did not establish the results were reliable.
Court: USDC Western District of Kentucky, Judge: Stivers, Filed On: March 5, 2024, Case #: 3:19cv14, NOS: Trademark - Property Rights, Categories: Evidence, Trademark, Experts
J. Boom finds for the department of labor in wage claims because evidence indicates the employer, "a company that runs horse racing operations," willfully denied workers certain wages and thus cannot seek to reduce liquidated damages. The employees should be granted over $243,000 in liquidated damages and back pay.
Court: USDC Western District of Kentucky, Judge: Boom, Filed On: March 4, 2024, Case #: 3:15cv562, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages