32 results for 'judge:"Bumb "'.
J. Bumb finds for a law firm in claims contending a paralegal had been treated differently than younger employees and laid off due to a reduction-in-force because evidence indicated the paralegal entered an associate's office and took a file without permission, and that she had worked remotely without permission. Meanwhile, she failed to present evidence of racial discrimination, that she had applied for positions that had been filled by other employees, or that she had been replaced by a younger worker after being laid off.
Court: USDC New Jersey, Judge: Bumb , Filed On: April 30, 2024, Case #: 1:15cv8083, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Bumb dismisses claims contending a wealth manager failed to pay a temporary employee for corporate branding and marketing services because the employee failed to demonstrate the wealth manager's Delaware-based activities purposefully targeted New Jersey or that the wealth manager knew the employee resided in that state at the time of his alleged contract.
Court: USDC New Jersey, Judge: Bumb , Filed On: April 9, 2024, Case #: 1:23cv4352, NOS: Other Contract - Contract, Categories: Employment, Jurisdiction, Contract
J. Bumb remands to state court a complaint alleging that the law firm and real estate holding company wrongfully failed to provide the attorney with retirement benefits after firing her. The retirement plan fell outside ERISA because there is no information on the procedures for obtaining the post-retirement income, nor information on how to challenge the decision to deny benefits. Further, there is no evidence the attorney fraudulently joined the partner or the law firm in the underlying whistleblower claim to avoid remand.
Court: USDC New Jersey, Judge: Bumb, Filed On: March 20, 2024, Case #: 1:23cv4224, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Jurisdiction
J. Bumb rules in favor of the insurer, which allegedly denied excess property damage claims after the policyholder's living room floor separated from a wall. The damage was found to have been caused by termites and standing water and the policy specifically excludes coverage for loss involving collapse caused by water.
Court: USDC New Jersey, Judge: Bumb , Filed On: March 18, 2024, Case #: 1:22cv2151, NOS: Insurance - Contract, Categories: Insurance
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[Consolidated.] J. Bumb finds for one plaintiff in claims contending a police officer used unapproved jiu jitsu takedown moves on two women during separate arrests. One plaintiff weighed less than 100 pounds and thus posed no credible threat, and certain testimony bolsters the argument that plaintiff's resistance to arrest had been no more than passive. Meanwhile, supervisors had been on notice that an excessive force violation could occur in light of the officer's frequent use of force during arrests. However, counsel for one plaintiff conflated "use of force" during arrests with "excessive force," and issues of fact remain in dispute concerning allegations against the city.
Court: USDC New Jersey, Judge: Bumb, Filed On: January 30, 2024, Case #: 1:19cv12002, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Police Misconduct
J. Bumb finds for a pharmaceutical company that allegedly filed an application for a generic mifepristone product before the expiration of patent nos. 10,195,214 and 10.842,800 because plaintiff failed to demonstrate direct infringement for lack of evidence that physicians put the patented methods into use. Meanwhile, evidence did not indicate that "even a single prescription" of the patented drug had been lost to the generic alternative, and a physician would plausibly avoid infringement by faithfully following the generic drug's label.
Court: USDC New Jersey, Judge: Bumb , Filed On: December 29, 2023, Case #: 1:18cv3632, NOS: Abbreviated New Drug Applications (ANDA) - Property Rights, Categories: Patent
J. Bumb finds for a fight promoter in claims contending a cigar lounge broadcast pay-per-view fights without permission because the promoter had exclusive right to the events, and the promoter's investigator personally observed the lounge broadcast one event without a sublicense. Meanwhile, the lounge has not responded to the complaint.
Court: USDC New Jersey, Judge: Bumb , Filed On: December 15, 2023, Case #: 1:22cv4988, NOS: Cable/Sat TV - Other Suits, Categories: Civil Procedure, Licensing, Contract
J. Bumb allows plaintiff to continue certain claims contending a company reduced hours worked by a security guard, transferred him, and demoted him after the guard, a Palestinian and practicing Muslim, complained of religious and racial animus by a supervisor. The guard did not adequately allege he had been fired merely for being offered fewer hours, but the guard established discrimination and hostile work environment claims based on the supervisor's comments that he hated Muslims and people from the Middle East.
Court: USDC New Jersey, Judge: Bumb , Filed On: December 6, 2023, Case #: 1:23cv1462, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Bumb declines to distribute funds to a hotel company in claims contending the insurer failed to distribute settlement claims stemming from two fires due to municipal liens against the properties. Granting the motion would preempt the overall resolution of claims disputing the validity of liens filed against Atlantic City, and evidence does not indicate counsel fees and costs have priority over municipal liens.
Court: USDC New Jersey, Judge: Bumb , Filed On: November 6, 2023, Case #: 1:19cv16339, NOS: Other Contract - Contract, Categories: Insurance, Property, Settlements
J. Bumb finds for the city and casino in claims contending plaintiff tripped and fell over a raised board on the boardwalk because plaintiff failed to demonstrate that the two-inch height disparity in the boards constituted a non-trivial dangerous condition, and the city established that it employs boardwalk inspectors to check for significant hazards every day.
Court: USDC New Jersey, Judge: Bumb , Filed On: October 31, 2023, Case #: 1:21cv16875, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence
J. Bumb declines to impose a temporary restraining order against the university and a professor who allegedly sexually assaulted a PhD student and hindered her progress by giving her poor scores on several tests. The university is fully aware of the student's complaint and an investigation is pending into the assault. Meanwhile, the university had two new graders blindly re-score the student's failed test. Meanwhile, that she contends she is a strong student does not mean retaliation claims will likely succeed.
Court: USDC New Jersey, Judge: Bumb , Filed On: October 10, 2023, Case #: 1:23cv20657, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Restraining Order
J. Bumb stays class claims contending a payment processing company's electronic deposit product for cafeteria food failed to explain fees on deposits. Plaintiffs' discovery requests duplicated requests made in a similar action, and the facts are nearly identical to the other complaint. Meanwhile, the forum selection clause in the terms of service does not negate that the other case was filed first.
Court: USDC New Jersey, Judge: Bumb , Filed On: September 19, 2023, Case #: 1:20cv14929, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Fraud, Class Action
J. Bumb grants the city and its officials' motion to dismiss the farmer's federal claims against them, which allege a conspiracy to harm him and his farming business led by the city's fire marshal and his family. The majority of the farmer's allegations are time-barred, since the alleged conduct giving rise to the suit largely took place in and around 2018, well before the July 2020 cutoff for claims brought under the Civil Rights Act and the New Jersey Civil Rights Act. He has also failed to state a plausible selective enforcement claim, since he has not established that his neighbors were similarly situated under the city's plumbing code, and his substantive and procedural due process claims similarly fail. The failure of these claims leads the court to decline to exercise supplemental jurisdiction over a RICO claim.
Court: USDC New Jersey, Judge: Bumb, Filed On: August 31, 2023, Case #: 1:22cv4384, NOS: Torts to Land - Real Property, Categories: Civil Rights, Municipal Law, Property
J. Bumb denies the boat owner's summary judgment motion in his suit seeking to limit his liability for a fire which destroyed and sank his yacht and a neighboring yacht while also damaging the dock they were housed at. The boat owner's motion to exclude the neighboring boat's owner's expert witness fails, since the expert has complied closely enough with the methodology for fire and explosion investigations prescribed by the National Fire Protection Association to be reliable, and the boat owner's arguments against the admissibility of his investigation and opinions largely go to weight rather than admissibility. Rebuttal expert testimony and cross-examination, rather than summary judgment, are therefore better avenues to challenge the expert testimony.
Court: USDC New Jersey, Judge: Bumb, Filed On: August 31, 2023, Case #: 1:20cv6674, NOS: Marine - Contract, Categories: Maritime, Experts
J. Bumb dismisses the prisoner's claims against the prison officials in their official capacities and his individual-capacity claims against prison policymakers, finding that he has not adequately alleged a pattern of excessive force by corrections officers. His individual-capacity conspiracy claim claim against corrections officers who allegedly called him by racial slurs while badly beating him survive, since he has adequately pled a conspiracy to beat him in violation of his civil rights.
Court: USDC New Jersey, Judge: Bumb, Filed On: August 30, 2023, Case #: 1:22cv1859, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Prisoners' Rights
J. Bumb grants the township and its officials' motion to dismiss the strip mall operators' complaint alleging that the officials' various municipal enforcement actions against the strip mall were part of an anti-Semitic vendetta. The operators have not established standing to bring claims related to the township's denial of an application brought by a prospective tenant of the strip mall, nor any of their other claims. They have also failed to establish that the township's issuance of a hazard notice and subsequent lockout of mall tenants for emergency repairs constituted a taking, nor sufficiently detailed allegations to demonstrate that the township's conduct violated due process requirements. They have not shown that issuance of the notice during Rosh Hashanah was deliberate or motivated by bias, nor that the appearance of swastikas on the property was connected to the township's actions. State law claims also fail.
Court: USDC New Jersey, Judge: Bumb, Filed On: August 29, 2023, Case #: 1:22cv4931, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, Property
J. Bumb rules in part for executives accused of issuing false and misleading statements regarding the impact of royalty streams and generic drug pricing on company revenue. Trades made by the former CEO do not show motive to defraud since they were made under a 10b5-1 plan; the CEO's and former CFO's comments about overall drug prices do not indicate they knew about price determinations for each drug; and the former CFO was not a member of the drug pricing committee. However, investors plausibly demonstrated the company engaged in a price-fixing scheme for generic drugs by working with competitors.
Court: USDC New Jersey, Judge: Bumb, Filed On: August 17, 2023, Case #: 1:16cv2805, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Bumb rules in favor of the bank, which allegedly failed to pay the ten certificates of deposit. The customer admits he was not able to locate applicable records from 1996 onwards, and he has not shown enough evidence to rebut the presumption that the CDs were abandoned.
Court: USDC New Jersey, Judge: Bumb , Filed On: July 31, 2023, Case #: 1:21cv1131, NOS: Other Contract - Contract, Categories: Contract
J. Bumb allows an employee to continue claims contending she had been fired in violation of the company's Covid-19 leave policy for taking time off when her daughter's day care center closed due to the virus. The leave approval letter appeared to directly contradict the company's policy, and while the company promised to guarantee the employee's position through a certain date, she was fired before that date.
Court: USDC New Jersey, Judge: Bumb , Filed On: July 25, 2023, Case #: 1:22cv1218, NOS: Employment - Civil Rights, Categories: Employment, Covid-19
J. Bumb allows plaintiff to continue pro se claims contending an insurer should have paid out long term disability benefits because plaintiff plausibly alleged the insurer stalled for about a year by asking for documents already in its possession and failed to conduct an impartial review of her medical file upon using an unqualified physician.
Court: USDC New Jersey, Judge: Bumb, Filed On: July 6, 2023, Case #: 1:22cv6249, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
J. Bumb dismisses claims seeking insurance coverage for medically necessary surgery because that the insurer authorized surgery did not establish an implied contract, and authorization did not specify covered treatments or costs.
Court: USDC New Jersey, Judge: Bumb, Filed On: May 30, 2023, Case #: 1:22cv2407, NOS: Insurance - Contract, Categories: Insurance