11 results for 'judge:"Arterton"'.
J. Arterton denies the academic resource website's motion to dismiss, ruling the educational material creator has plausibly alleged a copyright notice and watermark violation based on the proximity of the website's copyright to protected materials included on the website for educators. The language in the notice and watermark section of the Digital Millennium Copyright Act is meant to be interpreted as broadly as possible, especially at the pleading stage, and so the website's copyright being located on the same page as the materials it does not own and did not create is sufficient for the claim to proceed.
Court: USDC Connecticut, Judge: Arterton, Filed On: August 28, 2023, Case #: 3:21cv1242, NOS: Copyrights - Property Rights, Categories: Copyright, Education, Evidence
J. Arterton denies, in part, the employer's motion for summary judgment, ruling a worker's retaliation claim will proceed. The employer offered no explanation for its departure from the standard disciplinary procedure regarding the employee's termination, which came shortly after she rebuffed her manager's advances and filed her HR complaint.
Court: USDC Connecticut, Judge: Arterton, Filed On: August 25, 2023, Case #: 3:21cv795, NOS: Employment - Civil Rights, Categories: Employment, Evidence, Employment Retaliation
J. Arterton grants the receiver's motion for a partial stay of liquidation proceedings, ruling the unique assets of the embezzler's family will not be liquidated, given the court has yet to determine if they are subject to disgorgement and the $103 million obtained through liquidation of non-unique assets may be sufficient to cover the penalties and taxes owed on the judgment.
Court: USDC Connecticut, Judge: Arterton, Filed On: August 23, 2023, Case #: 3:15cv675, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Civil Procedure, Fraud, Securities
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J. Arterton denies, in part, the employer's motion to dismiss, ruling the allegations made by the female employee that her manager stopped cooperating with her and requested sex in exchange for assistance after she ended a consensual sexual relationship are sufficient to allow her hostile work environment claims to proceed. However, the incidents mentioned by the employee, while inappropriate and distasteful, do not rise to the level of egregious behavior required to support her emotional distress claim, which will be dismissed.
Court: USDC Connecticut, Judge: Arterton, Filed On: August 16, 2023, Case #: 3:22cv418, NOS: Employment - Civil Rights, Categories: Evidence, Emotional Distress, Employment Discrimination
J. Arterton denies the gun advocacy group's motion for a preliminary injunction, ruling that it is unlikely to prevail on Second Amendment claims made in response to state laws that limit the purchase and use of assault rifles and large capacity magazines because the weapons and accessories in question are not commonly purchased or used for self-defense and are "disproportionately dangerous to the public." The increased lethality of the weapons - which are often used in mass shootings - gives state legislators the ability to pass stricter regulations to protect the general population, and so the laws at issue in this suit further a legitimate government interest are likely constitutional.
Court: USDC Connecticut, Judge: Arterton, Filed On: August 3, 2023, Case #: 3:22cv1118, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Firearms
J. Arterton dismisses the Connecticut Army National Guard veteran's claim that the Department of Energy and Environmental Preservation violated the Connecticut Army National Guard veteran's Second Amendment right to self-defense by issuing a statewide ban on carrying firearms in state parks. The veteran does not face a credible threat of prosecution because he has not encountered an EnCon officer while in a state park or forest and the veteran testified that no one noticed that he carried a concealed firearm in the last year.
Court: USDC Connecticut, Judge: Arterton, Filed On: July 12, 2023, Case #: 3:23cv56, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Firearms
J. Arterton grants the employee's motion for attorney fees, ruling it was not reasonable for the employer to remove the case to this court because it was obvious from the outset any damages to the employees for unpaid wages would come nowhere close to the jurisdictional threshold of $75,000. Therefore, the case will be remanded and the employee will be awarded more than $6,000 in attorney fees.
Court: USDC Connecticut, Judge: Arterton, Filed On: June 7, 2023, Case #: 3:23cv140, NOS: Other Labor Litigation - Labor, Categories: Attorney Fees, Class Action, Labor