31 results for 'judge:"Chasanow"'.
J. Chasanow grants a communications company, consultant company, chief executive officer and chief financial officer’s partial motion to dismiss in this contract dispute brought by a former chief executive officer of the communications company. The former officer alleges that she was induced by the consultant company and its officers in order to enter a purchase agreement. She fails to allege false representations or state a claim for fraud.
Court: USDC Maryland, Judge: Chasanow, Filed On: April 8, 2024, Case #: 8:23cv2749, NOS: Other Contract - Contract, Categories: Communications, Fraud, Contract
J. Chasanow denies a customer’s motion to remand this premises liability dispute against Walmart, two individual employees and three shopping cart companies. The customer was pushing a shopping cart out of Walmart when suddenly it broke and caused her injuries. The customer fails to establish a claim against the employees because they were fraudulently joined. Therefore, the customer’s amended complaint is dismissed in favor of Walmart, two individual employees and three shopping cart companies.
Court: USDC Maryland, Judge: Chasanow, Filed On: January 29, 2024, Case #: 8:23cv3133, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Negligence, Premises Liability
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J. Chasanow grants, in part, a group of corporations operating three elder living services and a buyer’s counterclaims for motion of summary judgment after the the buyer entered a sales agreement for the purchase of the group’s skilled nursing facility on the property. The group failed to show a breach dispute, warranting summary judgment in favor of the buyer. An entry of judgment is ordered in the amount of $400,000 with interest of $197.26 per day until the group returns the amount to the escrow.
Court: USDC Maryland, Judge: Chasanow, Filed On: December 18, 2023, Case #: 8:23cv574, NOS: Other Contract - Contract, Categories: Property, Settlements, Contract
J. Chasanow grants, in part, a mother's motion for leave to amend in this wrongful death complaint stemming from a vehicle collision. She moves to clarify the sole installer of a guardrail and to add a strict liability claim against the seller of the "X-Lite Terminal System." The first amendment is approved. However, the strict liability claim will be barred if she cannot show how it relates to the original claim.
Court: USDC Maryland, Judge: Chasanow, Filed On: November 17, 2023, Case #: 1:21cv311, NOS: Tort Product Liability - Real Property, Categories: Civil Procedure, Vehicle, Wrongful Death
J. Chasanow grants, in part, trustees’ motion to dismiss a construction company’s claim that they violated the Employee Retirement Income Security Act. Several of the claims are barred by ERISA’s preemption of fiduciary duty, negligence and unjust enrichment claims.
Court: USDC Maryland, Judge: Chasanow, Filed On: November 13, 2023, Case #: 8:23cv450, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Fiduciary Duty
J. Chasanow grants in part Maryland’s attorney general and three Montgomery County police employees’ motions to dismiss in the suit they face from a resident challenging the constitutionality of state laws that criminalize harassment via phone and electronic mail. It is not in the public interest to prohibit state officials from prosecuting under the anti-harassment law, “in effect giving [plaintiff] carte blanche to harass MCPD employees via phone and email, prior to determining the constitutionality of those laws.” The individual’s motions for preliminary injunction, restraining order, summary judgment and to disqualify counsel are all denied because he has failed to produce any evidence other than a copy of an email.
Court: USDC Maryland, Judge: Chasanow, Filed On: October 18, 2023, Case #: 8:23cv338, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Tort
J. Chasanow denies a subprime credit card loan originator’s motion to compel arbitration in this class action suit brought by a group of borrowers. According to the agreement the borrowers signed, arbitration is necessary when “required by law,” but the agreement fails to define any such law and so cannot be enforced.
Court: USDC Maryland, Judge: Chasanow, Filed On: September 26, 2023, Case #: 8:23cv827, NOS: Consumer Credit - Other Suits, Categories: Arbitration, Class Action, Contract
J. Chasanow denies an immigrants' rights advocacy organization and a group of tenants it represents their motion for settlement classification after they sued a property owner for violations of the Fair Housing Act. The organization and tenants claim the property owner discriminated against the tenants as evidenced by failure to address numerous requests to repair and maintain their living spaces. The tenants have yet to provide enough information to proceed but may do so and renew their request for classification.
Court: USDC Maryland, Judge: Chasanow, Filed On: September 19, 2023, Case #: 8:21cv1778, NOS: Housing/Accommodations - Civil Rights, Categories: Immigration, Landlord Tenant, Class Action
J. Chasanow grants an environmental remediation firm its motion for extension of time to serve process on two women who run a community social justice organization because, as the firm argues, it has good cause. The firm has attempted to serve a summons and a complaint claiming breach of contract on the women for the past five months to no avail, suggesting evasion. The firm has established good cause.
Court: USDC Maryland, Judge: Chasanow, Filed On: September 1, 2023, Case #: 8:23cv1134, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Chasanow partially grants the chairman of the U.S. Nuclear Regulatory Commission his motion to dismiss allegations of gender discrimination and retaliation brought by a former engineer. Multiple male staff and supervisors allegedly fabricated emails between the engineer and themselves, making her look incompetent, falsely accusing her of leaking confidential documents and the like, then forwarding those emails to senior executives. When she confronted a supervisor about his treatment of her, he banged his fists on a desk and said she was not following protocol. The engineer complained internally and filed an EEOC complaint when she was not promoted a second time. While she fails to state a claim of gender discrimination, she can proceed on retaliation as well as hostile work environment claims.
Court: USDC Maryland, Judge: Chasanow, Filed On: August 17, 2023, Case #: 8:22cv1008, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Chasanow partially affirms the bankruptcy court’s partial summary judgment granted to a debtor who filed for bankruptcy after his property was bid upon by a buyer when the debtor didn’t pay his property taxes. The buyer bid on the property but did not pay the full amount before the debtor filed for bankruptcy, preventing completion of the sale. The bankruptcy court was correct in granting partial summary judgment, so foreclosure is avoided and the title stays with the debtor.
Court: USDC Maryland, Judge: Chasanow, Filed On: August 11, 2023, Case #: 8:22cv2694, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Property, Foreclosure
J. Chasanow grants two judges and a county circuit court their motion to dismiss allegations of ADA discrimination brought by a couple when the judges denied their requests to attend hearings remotely instead of in person. The husband has diabetes and kidney disease while the wife had a high-risk pregnancy, and both were involved in child custody proceedings with the husband’s ex-wife. The couple's argument does not stand as the judges and court gave ample notice of hearings and offered accommodations.
Court: USDC Maryland, Judge: Chasanow, Filed On: August 9, 2023, Case #: 8:22cv2637, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act
J. Chasanow partially grants a group of Chesapeake Bay restaurants and hotels its motion for summary judgment against State Farm and denies State Farm's cross-motion for summary judgment. A fire occurred that damaged one of the group member's building, then another member negotiated a shrink-wrap of the burned building during wedding season and a subsequent demolition and reconstruction of the burned property. The insurance company agreed to cover the costs of said actions, but it contests that coverage should've begun after the shrink-wrap. However, the contract includes the wrap, so State Farm is in violation of the contract.
Court: USDC Maryland, Judge: Chasanow, Filed On: July 28, 2023, Case #: 8:20cv3388, NOS: Insurance - Contract, Categories: Insurance, Property
J. Chasanow grants a local union its motion to dismiss business interference, civil conspiracy and defamation allegations brought by a contracting company. The company claims that the union disrupted outside business relationships intentionally, but it cannot proceed on its claims because it fails to establish subject matter jurisdiction for either federal question or diversity reasons. However, if the company removes the union as a defendant, it may be able to continue litigation.
Court: USDC Maryland, Judge: Chasanow, Filed On: July 28, 2023, Case #: 8:22cv2296, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Assault, Labor / Unions
J. Chasanow partially denies a Baltimore police officer his motion for summary judgment after he confronted two teenagers who were standing in a parking area of the cul-de-sac where the officer lives. The teens claim they were waiting for a ride when the officer approached them in plainclothes and, after a verbal exchange, the officer drew a personal firearm and the teens walked away. All other details are contested. Also, the officer cannot use his defenses of the color of law or qualified immunity as it is still in question as to when he identified himself as an officer to the teens. Because he drew his firearm, these defenses do not hold up as to false arrest, excessive force and gross negligence under the Fourth Amendment.
Court: USDC Maryland, Judge: Chasanow, Filed On: July 14, 2023, Case #: 1:20cv3146, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Firearms, Police Misconduct
J. Chasanow grants a federal engineering and technical support contractor its partial motion to dismiss allegations of violations Religious Freedom Reformation Act brought by four former employees after the contractor fired them for remaining unvaccinated against Covid-19. They argue that because they were employed by the U.S. Navy in addition to the contractor, that the contractor, by proxy, is subject to the Act. However, the contractor is not subject to the act as it remains a private company outside the purview of the government and is allowed to fire those who refuse to vaccinate due to religious beliefs.
Court: USDC Maryland, Judge: Chasanow, Filed On: July 13, 2023, Case #: 8:22cv1760, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination
[Consolidated.] J. Chasanow grants the Department of Justice its motion for summary judgment in two suits against it brought by the lawyer of a man convicted of crimes related to child pornography as the lawyer is seeking certain records under the Freedom of Information Act. A third, related suit seeks the same from the Department of Homeland Security and Immigration and Customs Enforcement. In both cases, the lawyer has not produced evidence of bad faith on the part of either the DOJ or DHS and the DOJ has done everything in its power to provide access to requested information and is granted its motion. However, DHS and ICE have not shown that the lawyer was required to exhaust any administrative remedies, so its request for summary judgment is partially denied.
Court: USDC Maryland, Judge: Chasanow, Filed On: July 5, 2023, Case #: 8:21cv1130, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Administrative Law, Government
J. Chasanow denies a townhome owner his motion to dismiss allegations of housing discrimination brought by a tenant. After both parties signed the lease, the owner discussed his sex life with the tenant and pressured her to date and have sex with him, including sending nudes and asking if he could stay with her. The tenant clearly rebuffed him each time, but the owner persisted and also allegedly spied on the tenant and her family. The tenant is allowed to proceed because she has proficiently argued violations of the covenant of quiet enjoyment.
Court: USDC Maryland, Judge: Chasanow, Filed On: June 26, 2023, Case #: 8:22cv2065, NOS: Housing/Accommodations - Civil Rights, Categories: Landlord Tenant, Housing
J. Chasanow grants a group of corporations that own and operate an elder care center’s motion for leave to amend its first complaint after a buyer, who had entered a sales agreement, stated it could not timely pay the entire $28.2 million to purchase the group’s center and property. Because the group’s amended complaint includes additional factual claims against the buyer, it is allowed to proceed.
Court: USDC Maryland, Judge: Chasanow, Filed On: June 22, 2023, Case #: 8:23cv574, NOS: Other Contract - Contract, Categories: Property, Contract
J. Chasanow grants a Mexican restaurant its motion to dismiss claims by a customer for allegedly violating anti-discrimination statutes by employing waitstaff who refused to serve him and laughed at him because of his race. The customer, a Black man, claims the waitstaff in question, “two white Hispanic female[s],” perpetrated this prejudicial treatment. However, the customer fails state a claim because he has not provided enough information to create a causal link between the waitstaff’s behavior and his race.
Court: USDC Maryland, Judge: Chasanow, Filed On: June 20, 2023, Case #: 8:23cv1029, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights
J. Chasanow grants the U.S. government’s motion to dismiss economic discrimination claims brought by a married couple after the government twice denied the wife immigration status. The wife, from Tanzania, had been previously married and accused of immigration fraud because her first husband gave too many incorrect answers to interview questions. They divorced, then the woman married another U.S. citizen but was denied status because of her previous deception. She and her husband’s claims that they’re being discriminated against based on their incomes lack standing.
Court: USDC Maryland, Judge: Chasanow, Filed On: June 20, 2023, Case #: 8:22cv2225, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Fraud, Immigration