37 results for 'judge:"Tostrud"'.
J. Tostrud partially grants the insurer's motion for summary judgment in the homeowners' association's suit seeking reimbursement for the cost to replace undamaged, non-color-matching siding on buildings damaged by hail. There is no genuine dispute of material fact that the association did not actually and necessarily spend more than the value of its loss, and it filed suit more than two years after providing notice of its claim, precluding pre-award interest. An appraisal panel's award and subsequent clarification on the issue of whether the association is entitled to matching costs for the siding were ambiguous, so that issue remains live.
Court: USDC Minnesota, Judge: Tostrud, Filed On: April 22, 2024, Case #: 0:22cv2027, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Tostrud grants the former employee's motion for default judgment in suit against his former employer alleging retaliatory discharge under the False Claims Act and breach of contract. Taken as true, the employee's allegations satisfy all the elements of both claims, and the employer's failure to prosecute its counterclaims warrants dismissal of those counterclaims. Judgment is awarded in the amount of $1,821,620.68.
Court: USDC Minnesota, Judge: Tostrud, Filed On: March 26, 2024, Case #: 0:22cv2145, NOS: False Claims Act - Torts - Personal Injury, Categories: Employment, False Claims
J. Tostrud grants the debt collector's motion to dismiss the purported debtor's action against it alleging that it sought to collect a debt that it did not own and that documents it submitted in state court or sent to her were misleading or inaccurate. The debtor lacks standing to bring two claims under the Fair Debt Collection Practices Act, a claim that the collector attempted to collect a debt it did not own is collaterally estopped by a state-court judgment, and additional FDCPA claims stemming from alleged defects in a state-court summons fail because the summons was not fatally defective.
Court: USDC Minnesota, Judge: Tostrud, Filed On: March 25, 2024, Case #: 0:21cv2614, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
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. Tostrud denies the medical device maker's motion for a preliminary injunction in its suit against its former U.K. distributor. The device maker has not demonstrated that its agreement with the distributor prohibits the distributor from selling its remaining inventory, nor has it shown that it is likely to suffer irreparable harm if the distributor is not prevented from selling that inventory.
Court: USDC Minnesota, Judge: Tostrud, Filed On: March 4, 2024, Case #: 0:23cv3709, NOS: Insurance - Contract, Categories: Contract, Injunction
J. Tostrud partially grants the employees' motion for judicial notice of a number of documents in their proposed class action alleging breaches of fiduciary duty and prohibited transactions in relation to their employer's 401(k) plan, and denies the employer and fiduciaries' motion to dismiss the suit. The employees' claims that the fiduciaries' use of particular preferred stock dividends rather than common stock to satisfy the employer's matching-contribution requirements were prohibited under ERISA are sufficient to plausibly allege claims under ERISA and for breach of fiduciary duty, and they have established that they have suffered an economic injury traceable to the allegedly unlawful conduct for standing purposes. As to the documents, the Plan is embraced by the pleadings and the remaining exhibits would not change the court's analysis.
Court: USDC Minnesota, Judge: Tostrud, Filed On: February 21, 2024, Case #: 0:22cv2354, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Securities, Fiduciary Duty
J. Tostrud makes rulings on six of the insurer's motions in limine in its declaratory-judgment suit related to child sexual abuse by its insured's priest. A single motion in limine brought by the priest's alleged victims seeking to exclude evidence of two prior alleged acts by the priest from the 1960s is denied, since while they did not cause physical injury they are nevertheless relevant to showing whether future sexual abuse was substantially probable.
Court: USDC Minnesota, Judge: Tostrud, Filed On: February 20, 2024, Case #: 0:20cv2261, NOS: Insurance - Contract, Categories: Evidence, Insurance, Experts
J. Tostrud grants the Virginia auto parts seller's motion to dismiss its Minnesota competitor's suit alleging that it used confidential information to poach the Minnesota company's employees and business. The Minnesota company has not provided evidence of sufficient contacts with Minnesota by the Virginia company, since all the conduct alleged took place outside the state. It also has not suggested alternate judicial districts to which this case could be transferred, despite objecting to the Virginia company's requested venue in the Western District of Virginia.
Court: USDC Minnesota, Judge: Tostrud, Filed On: February 12, 2024, Case #: 0:23cv2990, NOS: Other Contract - Contract, Categories: Jurisdiction, Venue, Contract
J. Tostrud dismisses the insured's suit against the insurer alleging that it breached her insurance policy and discriminated against her based on disabilities in its handling of her claim for water damage. The insured has not identified any facts which plausibly show a breach of her insurance contract, nor has she identified any legal authority on which to base a disability-discrimination claim. Her appeal of a denial of her motion for leave to amend is also affirmed, since her proposed amendment was not intended to identify these deficiencies. Her suit is dismissed without prejudice to allow her an opportunity to file an amended pleading and attempt to cure these issues.
Court: USDC Minnesota, Judge: Tostrud, Filed On: February 8, 2024, Case #: 0:23cv2646, NOS: Insurance - Contract, Categories: Ada / Rehabilitation Act, Insurance, Contract
J. Tostrud grants the bus sellers' motion to compel arbitration of the buyer's claims, which stem from the sellers' alleged failure to disclose the sold bus's salvaged status. While the relationship between the sellers, or indeed whether there is any distinction between them, is unclear, they did not substantially invoke litigation machinery and therefore have not waived their right to compel arbitration under the parties' contract.
Court: USDC Minnesota, Judge: Tostrud, Filed On: January 29, 2024, Case #: 0:23cv748, NOS: Other Fraud - Torts - Personal Property, Categories: Warranty, Contract
J. Tostrud grants the general contractor's motion for partial summary judgment and denies the subcontractor's in the subcontractor's action seeking payment for its work on a project building a water main under the Mississippi River, denies the subcontractor's motion to exclude expert testimony, partially grants two of the general contractor's motions to exclude expert testimony and fully grants a third. Issues of material fact remain as to whether the general contractor is entitled to delay-related or liquidated damages, and the subcontractor has stipulated to the dismissal of the two counts for which the general contractor seeks summary judgment.
Court: USDC Minnesota, Judge: Tostrud, Filed On: January 18, 2024, Case #: 0:21cv2218, NOS: Other Contract - Contract, Categories: Civil Procedure, Experts, Contract
J. Tostrud partially grants the father's motion for a temporary injunction preventing the mother from removing their child from Minnesota pending proceedings in his action to return the child to Mexico. The child shall not be removed for fourteen days, since the father has shown that there is a significant risk that the mother, if given notice of his motion, would attempt to remove the child from the state and conceal their whereabouts and that he therefore faces a threat of irreparable harm greater than the financial harms likely to come to the mother if the injunction is granted.
Court: USDC Minnesota, Judge: Tostrud, Filed On: January 12, 2024, Case #: 0:23cv3911, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law
J. Tostrud grants the chamber of commerce's motion for a preliminary injunction halting enforcement of a portion of a newly-passed law banning "foreign influenced corporations" from making political contributions and independent expenditures in state elections. While preventing foreign influences on elections is a compelling state interest, the challenged provisions are not narrowly tailored restrictions on the exercise of First Amendment rights.
Court: USDC Minnesota, Judge: Tostrud, Filed On: December 20, 2023, Case #: 0:23cv2015, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Injunction
J. Tostrud partially grants the employer's motion to dismiss its employee's suit alleging that his termination for refusing to be vaccinated against Covid-19 was discriminatory. The employee has not alleged facts plausibly connecting his termination to his race, age, perceived or claimed disability, sex or gender. "Stray remarks" on gender do not reach that threshold, and he has not exhausted his administrative remedies for several of those claims. Religious-discrimination claims survive, since he has adequately pleaded that his Catholic faith was not accommodated when his employer refused to grant a religious exemption to its vaccination policy.
Court: USDC Minnesota, Judge: Tostrud, Filed On: December 15, 2023, Case #: 0:23cv1563, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Tostrud grants the healthcare provider's motion to dismiss counterclaims, along with the third-party defendant intermediary's motion to dismiss claims against it, all brought by the Armed Forces Office of the Saudi embassy in a suit initiated by the healthcare provider against it alleging unpaid medical bills. The Armed Forces Office has not plausibly alleged that it was damaged by either the healthcare provider or the intermediary's conduct, since the litigation the healthcare provider initiated is not a tort in itself and costs of being involved in litigation are not enough to claim damages. It also has not established that either party acted in bad faith, nor that any claimed breach of fiduciary duty caused damages.
Court: USDC Minnesota, Judge: Tostrud, Filed On: December 7, 2023, Case #: 0:21cv2666, NOS: Other Contract - Contract, Categories: Debt Collection, Health Care, Damages
J. Tostrud grants the employer and its long-term disability plan's motion for judgment on the administrative record in the employee's suit alleging that his disability benefits were improperly terminated. Substantial evidence supported the plan's determination that the employee was not totally disabled, including his treating mental health provider's conclusion that he was "cleared to work from a mental health standpoint" and his treating physician's failure to oppose the plan doctor's determination that he was not physically disabled.
Court: USDC Minnesota, Judge: Tostrud, Filed On: November 13, 2023, Case #: 0:22cv1552, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Health Care
J. Tostrud grants summary judgment to the patent defendants in a dispute over commercial lighting control panels. The evidence the patent claimant has identified in support of its argument that a reasonable juror could find that panels manufactured and installed by the defendants infringe on its patents is insufficient to support that contention, since the panels do not include "soft start circuitry" or a "plurality of soft start LED light banks" couple with that circuitry, as specified in the patents at issue.
Court: USDC Minnesota, Judge: Tostrud, Filed On: October 31, 2023, Case #: 0:23cv150, NOS: Patent - Property Rights, Categories: Patent
J. Tostrud partially dismisses the abortion opponents' challenge to a city ordinance prohibiting them from physically disrupting access to reproductive healthcare facilities, which they argue unfairly targets their "sidewalk counseling" activities on the basis of religion and violates their freedoms of speech and association. Claims arguing that the ordinance violates freedom of association and is void for vagueness are dismissed, but claims arguing that the ordinance is overbroad and violates the freedoms of speech and religion survive. Fact questions remain as to whether the ordinance is narrowly tailored and whether it is prohibits conduct because of its religious purposes.
Court: USDC Minnesota, Judge: Tostrud, Filed On: October 30, 2023, Case #: 0:23cv853, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment
J. Tostrud grants motions to dismiss brought by two of the three defendant chemical manufacturers in a competitor's suit alleging that they misappropriated confidential information and trade secrets related to bovine teat-dip products which were made available to them under a license agreement with the competitor's predecessor. Neither of the two manufacturers has sufficient contacts with Minnesota to justify the exercise of personal jurisdiction, and the competitor has not established that their alleged misappropriations were "uniquely or expressly aimed" at Minnesota. The competitor's request for jurisdictional discovery and an opportunity to supplement the record as to jurisdictional issues is denied, as is its motion to redact the transcript of a hearing on these motions.
Court: USDC Minnesota, Judge: Tostrud, Filed On: October 26, 2023, Case #: 0:22cv479, NOS: Other Contract - Contract, Categories: Trade Secrets, Jurisdiction, Contract
J. Tostrud largely denies the insurer's motions for summary judgment in its suit seeking a judgment that it is not obligated to defend the insured order of Catholic priests against claims that one of their members sexually abused children, and grants the order's motions to join some of those children's responses to the insurer's motions for summary judgment. While two alleged abuse victims are not entitled to coverage under the insurer's policies since they did not suffer a "bodily injury" required to trigger coverage, two others did suffer such injuries and therefore coverage is not precluded. A reasonable juror also could find that the order did not know that the priest was likely to engage in abusive behavior prior to the incidents potentially covered by the policy.
Court: USDC Minnesota, Judge: Tostrud, Filed On: October 24, 2023, Case #: 0:20cv2261, NOS: Insurance - Contract, Categories: Insurance, Tort
J. Tostrud partially grants the debtor's motion for attorney fees and costs after he accepted an offer of judgment from the debt collector in a fraud and invasion of privacy action alleging violations of the Fair Debt Collection Practices Act, Driver's Privacy Protection Act and the Fair Credit Reporting Act. One attorney's claimed hourly rate is reduced by about 14% because he has fewer credentials and less experience than the other attorney. The debtor also failed to show that a paralegal's claimed hourly rate is reasonable. The debtor is awarded $78,000 in attorney fees and $7,000 in costs.
Court: USDC Minnesota, Judge: Tostrud, Filed On: September 27, 2023, Case #: 0:22cv1799, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Attorney Fees
J. Tostrud grants the long-term care facilities' and officials' motion to dismiss the siblings' civil rights and negligence action arising from alleged misconduct related to the disabled brother's guardianship. The action failed to put the facilities on notice as to which siblings are asserting which claims against them. Many of the siblings' claims are barred by the Rooker-Feldman doctrine preventing a lower federal court from declaring a state court judgment unconstitutional. The siblings also failed to properly state civil rights claims against the facilities by failing to plausibly allege that they are state actors.
Court: USDC Minnesota, Judge: Tostrud, Filed On: September 26, 2023, Case #: 0:23cv1144, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Guardianship
J. Tostrud partially grants the department of human service's motion to dismiss the civilly-committed criminal defendants' suit alleging failures to keep to deadlines for treatment placement of defendants. Fourteenth and Fourth-Amendment substantive due process claims, along with negligence, false imprisonment, and infliction of emotional distress claims and a request for a writ of mandamus, are dismissed. Procedural due process claims under the Fourteenth Amendment and the Minnesota Constitution survive.
Court: USDC Minnesota, Judge: Tostrud, Filed On: September 14, 2023, Case #: 0:23cv355, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Prisoners' Rights
J. Tostrud partially grants the bank and its attorneys' motion to dismiss the consumers' suit alleging an unlawful mortgage foreclosure. A breach-of-contract claim fails because it relies on implausible interpretations of the parties' contract, and a Truth in Lending Act claim fails since the consumers have not plausibly alleged that the bank failed to credit a payment to a loan account as of the date of receipt, but rather that they refunded the payments after receiving them. The harms alleged therefore stem from the foreclosure, rather than conduct that would fall under the Truth in Lending Act. Fair Debt Collection Practices Act claims largely survive since the documents supporting the motion to dismiss them are not embraced by the pleadings and so cannot be considered for the purposes of this motion.
Court: USDC Minnesota, Judge: Tostrud, Filed On: September 11, 2023, Case #: 0:22cv3056, NOS: Truth in Lending - Torts - Personal Property, Categories: Civil Procedure, Consumer Law, Banking / Lending