16 results for 'judge:"Shah"'.
J. Shah partially grants Walmart’s motion to dismiss a consumer fraud class action. The consumers say Walmart deceptively labeled its seafood products as “sustainably sourced,” when in reality its source fisheries both overfish and use unsustainable practices such as bottom trawling. Citing lack of standing, the court dismisses the class representative’s claims against seafood products she did not personally buy, and also denies her request for injunctive relief. The court also dismisses her claim under the Uniform Deceptive Trade Practices Act, but allows her Illinois consumer fraud, consumer protection and unjust enrichment claims to survive.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: May 13, 2024, Case #: 1:23cv1297, NOS: Contract Product Liability - Contract, Categories: Environment, Fraud, Consumer Law
J. Shah partially grants the Cook County sheriff’s motion to dismiss civil rights claims brought by a man who is a former county arrestee. Deputies arrested the man while he was on pre-trial release in another case, without a warrant or court order, after they decided he had strayed from his court-ordered electric monitoring area. He ended up serving two years in jail, and now brings charges against the sheriff’s office for Fourth and 14th Amendment violations. The court finds he has not sufficiently alleged his 14th Amendment claims, but his Fourth Amendment claims against unlawful seizure stand.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: March 1, 2024, Case #: 1:23cv1782, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
J. Shah denies a maintenance product distributor’s motion for a preliminary injunction. The injunction would enforce a non-solicitation agreement against one of the distributor’s former employees, who after leaving the distributor to start a competitor, poached some of the distributor’s customers. The court finds that the distributor has not suffered harm necessitating an injunction, however, stating that the issue can be “adequately remedied through monetary damages.”
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: December 14, 2023, Case #: 1:23cv5314, NOS: Other Contract - Contract, Categories: Employment, Contract, Injunction
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Shah denies a capital fund’s motion to dismiss a securities fraud complaint for lack of jurisdiction, but partially grants its motion to dismiss the complaint for failure to state a claim. Investors in the fund say they lost $1.3 million to the fund, and after its managers gave them misleading reports about its, in reality, poor performance. The court finds it has jurisdiction over the suit but dismisses most of the investors’ state-level claims and their federal securities claims. The state law negligence charge survives.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: November 21, 2023, Case #: 1:22cv1010, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Negligence
J. Shah denies an online health care supply shop’s motion to dismiss an ADA suit brought by one of the shop’s prospective customers. The customer, who is blind, claims the shop’s website is not properly configured for blind users who use a screen reader to access online content. The court finds the customer has sufficiently alleged most of these claims to survive dismissal, and similarly finds that factual disputes would make dismissal premature regardless.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: November 15, 2023, Case #: 1:22cv5915, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Commerce, Ada / Rehabilitation Act, Business Practices
J. Shah partially grants the Chicago Transit Authority’s motion to dismiss a civil rights suit, brought by a former CTA worker who opposed the agency’s mandatory Covid-19 employee vaccination policy. The employee sought a religious exemption to the vaccine based on his beliefs, among others, that vaccines were “unclean” and contained pork products that his biblically mandated diet prevented him from ingesting. The CTA denied his exemption request and fired him after he refused to get the vaccine regardless. The worker subsequently brought a nine-count civil rights suit against the CTA, the majority of which the court now dismisses. The only counts to survive are an allegation that the CTA’s exemption denial violated the state and federal Religious Freedom Restoration Acts, and a Title VII claim under the 1964 Civil Rights Act.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: November 6, 2023, Case #: 1:22cv6086, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
[Consolidated.] J. Shah grants the Southeastern Conference’s motion to dismiss eight former college football players’ claims for fraud, negligence, breach of contract and unjust enrichment. The ex-football players all suffered concussions while on their respective college teams and accuse the Southeastern Conference of failing to enact “adequate concussion treatment, concussion management safety protocols, and return-to-play guidelines.” Instead they claim the conference, seeking to turn a profit on the players, allowed them to be rushed back into games and practices while they were still injured. The court, however, agrees with the conference that it lacks personal jurisdiction over these claims.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: October 4, 2023, Case #: 1:16cv8727, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Education, Fraud, Negligence
J. Shah partially grants the Chicago Transit Authority’s motion to dismiss one of its employees’ disability discrimination and retaliation claims against it. The employee took two weeks’ short term disability leave in 2021 in order to recover from the latest in a long line of injuries he has suffered on the job as a mechanic, and also filed for workers’ compensation. A year later, the transit authority fired him. While the employee claims this was retaliation, the court finds he has not sufficiently alleged that claim. His failure to accommodate and disparate treatment claims under the Americans with Disability Act stand.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: October 4, 2023, Case #: 1:23cv1387, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Shah grants a collection of securities firms’ motions to dismiss two investment firms’ fraud and securities act violation complaints. The investment firms claim the securities firms flashed quotes on SPX Options to influence the calculation of the Volatility Index, causing the Index to increase out of proportion with the S&P 500’s actual volatility and artificially inflating the prices of S&P 500 Futures options on which the investment firms traded. The court, however, finds that one of the investment firms has not stated any injury that could give them standing, while the other’s claims have passed their statute of limitations.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: September 28, 2023, Case #: 1:19cv368, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Commerce, Fraud, Securities
J. Shah denies a mortgage firm’s motion to stay this foreclosure case pending a parallel case in state court, but grants its motion to dismiss a homeowner’s fraud claim against it. The court finds that the homeowner’s fraud case is time-barred, as she was aware of the mortgage firm’s allegedly fraudulent tactics to foreclose on her property more than three years prior to filing suit.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: July 31, 2023, Case #: 1:22cv6139, NOS: Insurance - Contract, Categories: Fraud, Insurance, Foreclosure
J. Shah grants Microsoft’s motion to compel arbitration in a Biometric Information Privacy Act case brought against it by two Uber drivers. The drivers sued the tech giant over Uber using its facial recognition to collect their facial geometry without their consent as part of the rideshare company’s “real time ID check” system. The drivers are bound by an arbitration clause in their contract with Uber, and as Microsoft is a third-party beneficiary of that contract, the court agrees their claims against it must also go to arbitration.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: June 26, 2023, Case #: 1:21cv3229, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Arbitration, Privacy, Business Practices
J. Shah partially grants a group of Chicago police officers’ motions for summary judgment on malicious prosecution, conspiracy and intentional tort claims, brought by a man wrongfully imprisoned by almost three decades. The police in question framed the man for a 1991 murder by planting false evidence and coercing his confession, and he was only released on an overturned conviction in 2018. The court grants judgment to several individual officers who have not been sufficiently tied to the framing, but the counts stand against the rest.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: May 22, 2023, Case #: 1:19cv2204, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Police Misconduct
J. Shah partially grants a medical services consultant company’s motion to dismiss fraud claims, brought by a sports medicine center that received an unsolicited fax for a Covid-19 aftercare seminar from the company. The court dismisses the sports medicine center’s state law fraud claims, but allows its Telephone Consumer Protection Act claims to proceed. The court also denies the sports medicine center’s motion to strike the consultant company’s affirmative defenses.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: May 22, 2023, Case #: 1:22cv4198, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Fraud, Consumer Law, Privacy