32 results for 'judge:"Bryan"'.
J. Bryan grants, in part, the city, its administrator and director of the leisure services department motion to dismiss in this employment dispute brought by a former recreation program coordinator. The coordinator,a Black woman, alleges race discrimination, a hostile work environment, retaliation in the workplace. The coordinator fails to plead sufficient facts to state a plausible claim for administrative remedies, retaliation, causation, due process, protected speech and defamation in her complaint. Therefore, the administrator and director are dismissed from this case on all claims. The claim for race discrimination will proceed against the city.
Court: USDC Middle District of Alabama, Judge: Bryan, Filed On: March 30, 2024, Case #: 1:23cv153, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
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J. Bryan finds for a company on an electrical engineering firm and its owner's negligence and contract action arising after the owner's email was hacked and he wired $245,000 to the hacker, rather than the company from which he believed he was buying electrical cable. The owner fails to show the company owed him and his firm a duty of care, nor does he show he sent payment to the company to support his contract claim.
Court: USDC Southern District of Texas, Judge: Bryan, Filed On: March 11, 2024, Case #: 4:22cv4435, NOS: Other Contract - Contract, Categories: Negligence, Contract
J. Bryan grants the insurance company summary judgment on its complaint that it has no duty to defend or indemnify the insureds in underlying lawsuits claiming that one of the insureds raped minors. Several policy exclusions apply, including intentional bodily injury, which includes the alleged intentional sexual abuse of minor children.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: January 31, 2024, Case #: 3:23cv5461, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Contract
J. Bryan dismisses a software company's contract action seeking more than $247,000 from a telecommunications provider that services an Indian reservation. The provider is protected by sovereign immunity, and it did not expressly waive its immunity.
Court: USDC Southern District of Texas, Judge: Bryan, Filed On: January 30, 2024, Case #: 4:23cv1901, NOS: Other Contract - Contract, Categories: Communications, Immunity, Contract
J. Bryan dismisses the employees' federal claims accusing the healthcare company of voluntarily agreeing to participate in the Center for Disease Control and Prevention’s Covid-19 vaccination program and then wrongfully firing the employees if they refused to take the Covid-19 vaccine. The employees do not show that the healthcare company's policy enforcement was a public function, as it was not "both traditionally and exclusively governmental," that it constituted a joint action, that it was the result of governmental coercion or that it violated the employees' constitutional rights.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: January 23, 2024, Case #: 3:23cv5741, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Government, Covid-19
J. Bryan finds in favor of the title company against the property owner's complaint that the title company refused to defend and indemnify him after it did not properly pay off the property loan to the Department of Housing and Urban Development (HUD), resulting in HUD garnishing his wages. It is not clear which federal claims the property owner makes in his complaint. He does not point to facts that would support a viable Bivens claim against the title company, such as what constitutional right it allegedly violated.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: January 3, 2024, Case #: 3:23cv5317, NOS: All Other Real Property - Real Property, Categories: Property
J. Bryan partially grants Acting Secretary of Labor Julie Su's motion for sanctions for spoliation of evidence regarding her complaint that USPS fired a probationary employee for reporting a workplace injury. USPS should expand its search for certain emails and text messages of all supervisors and managers within a certain district. Furthermore, negative inferences will be drawn against USPS regarding the content of lost electronic communications and whether the USPS's proffered "poor performance" justification for the firing was pretext.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: January 2, 2024, Case #: 3:23cv5007, NOS: Other Labor Litigation - Labor, Categories: Employment, Sanctions, Discovery
J. Bryan grants Washington Gov. Jay Robert Inslee’s motion to dismiss the healthcare workers' complaint that they were mandated to receive the Covid-19 vaccine. Inslee had a rational basis for the proclamation because the Covid-19 vaccine mandate lessened the possibility that the healthcare workers would become infected with the virus and pass it on to their patients. The healthcare workers do not sufficiently plead that they were denied some government benefit because the mandate was in effect.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: December 21, 2023, Case #: 3:23cv5741, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care, Covid-19
J. Bryan grants the insureds' modified motion for class wide declaratory relief for their class action asserting that the insurance company must cover treatment of gender dysphoria and gender reassignment surgery for a minor. The prior order already demonstrates that the insurance company's denial of the aforementioned benefits was sex discrimination that was not allowed with the federal financial assistance it received, and declaratory relief will both vindicate the insureds' position about the discrimination they faced and help prevent future litigation.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: December 19, 2023, Case #: 3:20cv6145, NOS: Insurance - Contract, Categories: Insurance, Class Action, Contract
J. Bryan finds the lower court improperly ruled when holding a factoring company in contempt of court for not complying with a subpoena, as the discovery did not meet foreign state requirements of North Carolina, where the company is based, instead of Alabama. Reversed.
Court: Alabama Supreme Court, Judge: Bryan, Filed On: December 15, 2023, Case #: SC-2023-0027, Categories: Business Practices, Discovery, Contract
J. Bryan denies the insurance company's motion to decertify the class in the insureds' class action asserting that the insurance company must cover treatment of gender dysphoria and gender reassignment surgery for a minor. Not only are the class members not seeking individualized damages, which would preclude class certification, but the insurance company's discriminatory conduct described in prior orders is uniform among all plans and all class members.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: December 11, 2023, Case #: 3:20cv6145, NOS: Insurance - Contract, Categories: Erisa, Insurance, Class Action
J. Bryan affirms the trial court’s ruling that an insurance company has to provide coverage to a couple hit by an uninsured driver on wantonness and negligence claims for speeding through an intersection. The insurer waived its challenge to the subsequent-negligence jury instruction, and the evidence supports the claim of wantonness by the accused driver. Affirmed.
Court: Alabama Supreme Court, Judge: Bryan, Filed On: October 20, 2023, Case #: SC-2022-0901, Categories: Insurance, Damages, Negligence
J. Bryan grants summary judgment in favor of a freight rail company in this race discrimination claim after a freight conductor was terminated after he caused an accident on the tracks and his substance test was positive. The freight conductor argues that he was terminated on the basis he is a Caucasian male but failed to show enough evidence of being “intentionally discriminated” against.
Court: USDC Middle District of Alabama, Judge: Bryan, Filed On: September 29, 2023, Case #: 3:22cv85, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Bryan grants the U.S. Department of Labor's motion to compel discovery regarding email and text messages related to the postal worker's employment. The DOL argues that the discovery is relevant to its complaint alleging that the U.S. Postal Service fired the worker, a probationary mail carrier, for reporting a workplace shoulder injury. The emails and text messages may be relevant to show if USPS fired the worker for pretextual reasons, and conducting the discovery search is a minor inconvenience.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: September 27, 2023, Case #: 3:23cv5007, NOS: Other Labor Litigation - Labor, Categories: Employment, Discovery, Labor
J. Bryan partially denies the government's motion to dismiss the daughter's claim that the government sent her father to serve on the USS Sacramento between 1971 and 1972, where he was exposed to asbestos and later exposed his wife, who died of pleural mesothelioma on June 6, 2020. The daughter argues the plausibility of her case as the government did not provide her father with equipment to protect him from asbestos exposure, which would have in turn protected her mother.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: June 26, 2023, Case #: 3:22cv5701, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Government, Product Liability, Asbestos
J. Bryan denies the sellers' and consumers' motion for a preliminary injunction enjoining state officials from enforcing HB 1240, which bans the sale of assault weapons. The sales ban is consistent with "the nation's historical tradition of firearm regulation." Also, in light of "recent mass deaths caused by assailants using assault weapons, it is appropriate for governmental bodies to find ways to protect the public from dangerous weapons, within the limits of the Second Amendment."
Court: USDC Western District of Washington, Judge: Bryan, Filed On: June 6, 2023, Case #: 3:23cv5364, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Injunction