124 results for 'filedAt:"2024-03-11"'.
J. Fowlkes grants in part the defendant bank's dismissal motion in this breach of contract suit involving a commercial bank account, which was allegedly the target of fraudulent activity. The plaintiff customers' negligence and contract claims are preempted by Article 4A. Also, their claim under the Tennessee Consumer Protection Act is dismissed, as "it was not pleaded with particularity."
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: March 11, 2024, Case #: 2:23cv2475, NOS: Other Contract - Contract, Categories: Fraud, Consumer Law, Banking / Lending
J. Aiken dismisses the former legislative equity officer's complaint alleging that the state forced him to resign because he reported the former interim legislative equity officer's unlawful practices. The former legislative equity officer claims that the state released a memo to the press describing inaccuracies in his application for the job, but a journalist had sought a public records request for the memo and he was not entitled to a notice of this request.
Court: USDC Oregon, Judge: Aiken, Filed On: March 11, 2024, Case #: 6:22cv604, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment
J. Agee finds the lower court properly dismissed the immigrant's writ of habeas corpus petition. The petitioner has to remain in custody during his lengthy immigration procedures because he has evaded court hearings before and is considered a danger to the community because of his criminal history in El Salvador, involving a murder charge and continued membership in the gang MS-13. Affirmed.
Court: 4th Circuit, Judge: Agee, Filed On: March 11, 2024, Case #: 22-7365, Categories: Immigration, Habeas, Prisoners' Rights
J. Marks denies an employer's motion for renewed judgment on liability and punitive damages after a former employee was awarded $811,000 in a race discrimination action. The employee's claim that a facially-neutral grooming policy was unevenly applied to African Americans with dreadlocks was supported by legally sufficient evidence and a reasonable jury could find its application was discriminatory. The damages award stands because the employer failed to argue at trial that the actions of the supervisor who sidelined the employee could not be pinned on the employer.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: March 11, 2024, Case #: 2:19cv767, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Damages
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J. Estudillo denies the prison healthcare service's motion to exclude the inmate's expert, Dr. Isabel Hujoel, from testifying in his lawsuit alleging that the county and Nashville healthcare company did not accommodate his celiac disease while he was in custody. Dr. Hujoel is well qualified because she is a gastroenterologist who specializes in celiac disease, and her report focuses on how the inmate suffered “acute injury and distress” due to the lack of a gluten-free diet; she does not testify as to monetary or economic damages.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 11, 2024, Case #: 3:20cv6106, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Experts, Discovery
J. Gilliam allows a single securities claim to survive against Tricida, a pharmaceutical company, over its proposed kidney disease drug Veverimer. Investors claim that the company misrepresented how well the drug was doing during clinical trials and didn't tell them soon enough that it was unlikely to get FDA approval, but the investors have not shown how the company's press statements and earnings calls were deliberately misleading. The only claim that survives is one based on the company's decision to cancel an advisory meeting under the guise of Covid-19 issues, when it appears to have been canceled because of word from the FDA that the drug's clinical trials were having major issues.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: March 11, 2024, Case #: 4:21cv76, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Tymkovich finds that the lower court properly tossed employment claims from a former employee of the Colorado Department of Corrections who claims that the training program he was placed in subjected him to a hostile work environment and promoted race-based policies. While it is noted that some of the messaging in the training materials is "troubling on many levels," the former employee has nonetheless failed to show how the training materials resulted in direct harassment or poor conduct in the workplace. His arguments that such training could still cause those problems "eventually" are too speculative to save his suit. Affirmed.
Court: 10th Circuit, Judge: Tymkovich, Filed On: March 11, 2024, Case #: 23-1063, Categories: Employment
J. Winmill grants the city's motion for summary judgment and grants the state's motion to dismiss a couple's claims that the husband's Fifth Amendment right to counsel and due process was violated when he was arrested and requested counsel, and officers did not heed his request. The claim is legally barred. Also, the couple "cannot prevail on a negligent infliction of emotional distress claim."
Court: USDC Idaho, Judge: Winmill, Filed On: March 11, 2024, Case #: 2:22cv376, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Daniel partially denies Veterans Affairs’ motion for summary judgment, and denies the suing VA pharmacy technician’s motion for summary judgment on the plaintiff’s disability discrimination and retaliation claims. The pharmacy technician suffered an extensive nerve injury while on the job that left her with only limited use of her arms, hands and neck; she says the VA failed to accommodate her disability afterwards. She also claims to have faced disparaging remarks at work that created a hostile environment, and that the VA retaliated against her after she filed a separate equal employment opportunity charge when she was passed over for promotion. The court allows the technician’s retaliation and failure to accommodate claims stand without granting her judgment, and grants the VA judgment on her interference and discrimination claims.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: March 11, 2024, Case #: 1:21cv6216, NOS: Civil Rights - Habeas Corpus, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Ellis denies the defendant Covid-19 testing site operator’s motion to dismiss a contract complaint brought by the suing health care revenue services company, but grants the operator’s motion to move the case to the federal court district of Nebraska. The revenue services company claims the testing site operator hasn’t paid up for four invoices related to its efforts to collect patients’ outstanding debts. The court finds that, while it does have sufficient jurisdiction over the case for it to survive a dismissal motion, the better venue is Nebraska, where the testing site operator maintains its primary place of business.
Court: USDC Northern District of Illinois, Judge: Ellis, Filed On: March 11, 2024, Case #: 1:23cv6445, NOS: Other Contract - Contract, Categories: Health Care, Venue, Contract
J. Durkin partially grants a number of staffing and temp agencies’ motion to enjoin a number of new Illinois labor protections for temporary workers that Democratic Gov. J.B. Pritzker signed into law last year. One new protection requires the agencies to pay workers who are at a job site for more than 90 days wages commensurate with the lowest-paid, directly hired employee of the company that hired the agencies for their temp workers. Another protection attempts to discourage scabbing during labor strikes: It requires the temp agencies to inform their workers of any job happening at the site of a labor dispute, and bars the temp agencies from holding temp workers’ refusal to work despite the strike against them when they seek another job. A third protection allows “interested parties” to seek private action against any temp agency the parties suspect of violating labor law. The court finds that the temp agencies have made a showing of irreparable harm and that the balance of equities tips in their favor, but orders the agencies and the Illinois Department of Labor to jointly submit a proposed preliminary injunction order on or before March 15.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: March 11, 2024, Case #: 1:23cv16208, NOS: Constitutionality of State Statutes - Other Suits, Categories: Erisa, Labor / Unions, Labor
J. Rochon grants the duck farms' motion to dismiss a lawsuit alleging they falsely market their foie gras to sustainability-focused restaurants in California despite California's ban on the sale of foie gras for animal cruelty reasons. The plaintiff restaurant has not plausibly alleged it suffered an injury from the diversion of its resources to education consumers about foie gras. Further, given the alleged consumer confusion due to the texture of foie gras, which is allegedly similar to plant-based foods, "resolving plaintiff’s purported problem would require changing the very nature of foie gras itself, not merely who sells it."
Court: USDC Southern District of New York, Judge: Rochon, Filed On: March 11, 2024, Case #: 1:15cv6624, NOS: Constitutionality of State Statutes - Other Suits, Categories: Business Practices
J. Pepper grants the beneficiary's motion to file a second amended complaint in a class action claiming the health care system failed to choose prudent investments with reasonable fees for its retirement plan. Because decisions from the Seventh Circuit since the class action was originally filed in 2020 have changed pleading standards for ERISA fiduciary duty claims, the beneficiary's motion to file an amended complaint is "reasonable" despite the fact that it will cause "regrettable" delay in the case. The health care system's amended motion to dismiss and motion for supplemental briefing are denied as moot.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: March 11, 2024, Case #: 2:20cv893, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Class Action
J. Duffin partially grants the city and city officials' motion to dismiss the former city planning and development director's lawsuit alleging the officials conspired to force him out of his job for political reasons based on false accusations involving an incident in which he repeated a racial slur a citizen had previously said during a public meeting. In part because the director has sufficiently pleaded that he was labeled as a racist and targeted for retaliation because he is a heterosexual white male and the officials were intent on "boosting Diversity, Equity, Inclusion and Belonging programs," his hostile work environment, disparate treatment and equal protection claims against the city and the officials will proceed, except for equal protection claims against two officials. The director's First Amendment prior restraint claim against the city survives, but the same claim against the individual officials is dismissed. His First Amendment retaliation claim is dismissed in its entirety, as are all of his official capacity claims against the individual officials.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: March 11, 2024, Case #: 2:23cv1048, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Employment Discrimination
J. Wyrick grants the government's dismissal motion in this lawsuit concerning an Occupational Safety and Health Administration final rule regarding "reporting requirements for injury and illness records." The trade associations challenge the rule's "reasonable reporting requirement and the anti-retaliation provision." However, they fail to establish associational standing. Accordingly, the suit is dismissed without prejudice.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: March 11, 2024, Case #: 5:17cv9, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Employment, Jurisdiction
J. Doyle finds that the trial court improperly granted the former trustees an interlocutory injunction requiring the current trustees to pay attorney fees and litigation costs incurred by the former trustees. The order arose in a breach of fiduciary duty action brought by the trust beneficiaries against the former trustees. The evidence is insufficient to support the finding that the injunction is necessary to prevent an irreparable harm. The trial court correctly denied the beneficiaries' request that the trust be reimbursed for $4.6 million in fees already paid to the former trustees' attorneys pursuant to an earlier order in the case which was vacated by the appeals court. Reversed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 11, 2024, Case #: A23A1402, Categories: Fiduciary Duty, Attorney Fees
J. Watkins finds that the trial court properly denied defendant's amended motion for a new trial on his rape, kidnapping and family violence aggravated assault and battery convictions. Sufficient evidence was presented to support defendant's convictions, including the victim's testimony that she had sex with defendant so he would stop beating her. The trial court correctly admitted into evidence letters defendant sent from jail. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: March 11, 2024, Case #: A23A1516, Categories: Sex Offender, Domestic Violence, Kidnapping
J. Hurd tosses a self-represented New York State Thruway employee’s discrimination and retaliation complaint, finding it fails to allege the agency’s decision to issue him several warnings for refusing to wear a mask around employees during the Covid-19 pandemic, which led to a negative performance review, was motivated by either discriminatory or retaliatory animus.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: March 11, 2024, Case #: 6:22cv337, NOS: Other Labor Litigation - Labor, Categories: Covid-19, Employment Discrimination, Employment Retaliation
[Consolidated.] J .Gabriel finds the lower court erroneously dismissed the homeowners' lawsuits against their insurance companies. Although their insurance claims were untimely, according to the policy language, the courts should have applied the notice-prejudice rule adopted by this court in other insurance disputes. The homeowners' policies and subsequent claims were occurrence policies under which the notice requirements are included only to allow the insurer to investigate the claim and are not fundamental contractual terms. Therefore, the case must be remanded to allow the lower courts to determine whether the homeowners' delays in filing were reasonable. Reversed.
Court: Colorado Supreme Court, Judge: Gabriel, Filed On: March 11, 2024, Case #: 2024CO13, Categories: Civil Procedure, Insurance, Contract
J. Robinson finds that the trial court properly granted a landlord dismissal of a tenant's claims based on res judicata. Notice of appeal was not filed pertaining to the failure to timely serve defendants, and thus arguments relating to such were not properly before the court. Finally, the district court properly exercised jurisdiction over plaintiff’s equitable claims. Affirmed.
Court: Rhode Island Supreme Court, Judge: Robinson , Filed On: March 11, 2024, Case #: 23-79, Categories: Civil Procedure, Contract
J. Geraci allows a delivery driver to continue certain claims contending Insomnia Cookies failed to pay minimum wage and misappropriated tips because the cookie company does not employ or recruit employees in the state, and the complaint failed to demonstrate wage and tip violations related to business transacted in New York. However, the complaint plausibly alleges the company failed to provide the driver the full amount of tips.
Court: USDC Western District of New York, Judge: Geraci , Filed On: March 11, 2024, Case #: 6:23cv6321, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Jurisdiction
J. Geraci rules in part against a college accused of disciplining a male student based on gender bias after he was accused of sexual assault by a female student. The student failed to identify express promises related to contract breaches, but a reasonable jury could find the college wrongfully flipped the burden of proof. Meanwhile, text messages from the female student cast doubts on her sexual assault allegations.
Court: USDC Western District of New York, Judge: Geraci , Filed On: March 11, 2024, Case #: 6:21cv6761, NOS: Education - Civil Rights, Categories: Civil Rights, Education
J. Strickland denies dairy cooperatives' motion to dismiss, ruling that although the initial price-fixing actions alleged by the dairy farmers took place in 2015 — well outside the four-year statute of limitations for antitrust claims — there is a viable “continuing violation” claim because the price decreases could not be sustained without repeated action on the part of the cooperatives.
Court: USDC New Mexico, Judge: Strickland, Filed On: March 11, 2024, Case #: 2:22cv251, NOS: Antitrust - Other Suits, Categories: Antitrust, Civil Procedure
J. Colloton finds a lower court properly awarded attorney's fees to a female police officer on retaliation claims against a city. The city argued that the lower court erred in denying its motion for summary judgment. However, the police officer sufficiently showed in court the the city's motion is untimely, and that she is entitled to an award for administrative fees. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: March 11, 2024, Case #: 23-1553, Categories: Attorney Fees, Employment Retaliation
J. Livingston finds that the district court properly denied an application for U.S. discovery for use in France in a nonprofit association's challenge to a 2020 advance purchase agreement between Covid-19 vaccine developers and the European Commission. The appellate court rebuffed arguments on the hold harmless provisions on grounds that Belgium was the proper jurisdiction, and thus discovery would not be of practical use unless further appeals were accepted to the French high court. The request may be refiled since the U.S. dismissal was made without prejudice. Affirmed.
Court: 2nd Circuit, Judge: Livingston, Filed On: March 11, 2024, Case #: 23-380, Categories: International Law, Discovery, Covid-19