34 results for 'judge:"Chuang"'.
J. Chuang grants a tenant’s motion for modification of the order of remand to require payment of actual expenses and attorney fees in this fair credit reporting and consumer protection dispute against a property manager and management company. The tenant became very ill and had to relocate due to growth of mold withholding rent and late fees. This case will proceed to trial soon in state court, but this court will retain jurisdiction only for confirming and awarding attorney fees and costs.
Court: USDC Maryland, Judge: Chuang, Filed On: April 16, 2024, Case #: 8:24cv452, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Landlord Tenant, Jurisdiction
J. Chuang grants, in part, a citizen’s motion to compel discovery and compliance with subpoena against five of six internet domain registrar companies. The citizen alleges he properly served each of the registrars with a subpoena, but they have failed to comply. The court finds that one registerer was improperly served and must be served by certified mail, restricted delivery or any other proper means consistent with federal and state laws. Therefore, the other four registers the citizen is directed to file a state either voluntarily dismissing the claims or showing cause why the should not dismiss this case.
Court: USDC Maryland, Judge: Chuang, Filed On: March 27, 2024, Case #: 8:20cv1066, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery
J. Chuang denies cross-motions for summary judgment in this ADA dispute brought by a firefighter against the county for failure to hire him because he’s deaf. The firefighter argues that the county failed to conduct an individualize assessment of his abilities, failed to determine if he could perform the operational firefighter position with accommodations and imposed a financial burden on him because of his disability. The county argues his claims are not proper because it is not an employment position, it is a volunteer position, and since he cannot meet the hearing standard, he would have to be in an administrative position. The material fact is whether a reasonable accommodation can be made for the firefighter considering he declined the administrative position.
Court: USDC Maryland, Judge: Chuang, Filed On: March 4, 2024, Case #: 8:20cv2929, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment
J. Chuang grants, in part, a soccer league and its coach motion to dismiss in this suit brought by a referee alleging negligence and battery. The coach “violently struck” and “used foul abusive language, yelled at a referee and then committed a battery on a referee by chest-bumping him,” during a match while the others failed to prevent the assault. The court denies the motion as to negligence claims because the referee has plausibly alleged the league owed a duty of care and should have had procedures in place for reporting assaults. The negligent supervision and vicarious liability claims are dismissed. The referee’s motion for leave to amend his amended complaint is denied.
Court: USDC Maryland, Judge: Chuang, Filed On: January 30, 2024, Case #: 8:23cv560, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Assault
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J. Chuang grants a gas equipment company’s motion to stay the patent infringement suit pending inter partes review of the patent claims. A stay is warranted based on the relevant factors, including the fact it would likely result in undue prejudice.
Court: USDC Maryland, Judge: Chuang, Filed On: January 18, 2024, Case #: 8:22cv2550, NOS: Patent - Property Rights, Categories: Patent
J. Chuang grants Uber’s motions to compel arbitration and dismiss in an underlying employment contract dispute with one of its drivers. The driver claims the rideshare company hacked the app sending her to pick up to various problematic passengers and after she complained they deactivated her account. The court finds that the signing of an arbitration clause in the parties’ contract means the case must be dismissed and go before an arbitrator.
Court: USDC Maryland, Judge: Chuang, Filed On: January 5, 2024, Case #: 8:23cv2149, NOS: Other Contract - Contract, Categories: Arbitration, Employment, Contract
J. Chuang grants, in part, the education board’s motion to dismiss in this Rehabilitation Act lawsuit brought by a former employee alleging hostile work environment, failure to accommodate, constructive discharge and retaliation in connection with her PTSD. The former employee fails to sufficiently establish her claim of a hostile work environment and constructive discharge. The failure to accommodate and the retaliation that pertains to the accommodation claims survive due to denial of her request. The request for punitive damages is stricken.
Court: USDC Maryland, Judge: Chuang, Filed On: December 19, 2023, Case #: 8:23cv299, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Chuang grants Amazon’s motion to dismiss a self-representative company’s patent claims alleging that Ring through Amazon infringed on the company’s “Fire Protection System with Fan Shut Off, Including a Camera and a Display Unit.” The owner fails to state facts to support that it was intended to induce infringement by others. The court also dismisses without prejudice for failure to state a claim for improper venue to Ring.
Court: USDC Maryland, Judge: Chuang, Filed On: December 14, 2023, Case #: 8:22cv2319, NOS: Patent - Property Rights, Categories: Patent, Jurisdiction
J. Chuang dismisses this amended complaint alleging a Bivens claim for defamation and deliberate indifference to the health and safety of a father and his minor children by an advocacy specialist. The father fails to meet the burden to show the specialist’s defamatory statements were made outside her employment and cannot prevail in challenging under the government’s certification.
Court: USDC Maryland, Judge: Chuang, Filed On: November 30, 2023, Case #: 8:22cv3377, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation
J. Chuang grants a bank’s motion to dismiss and compel arbitration on a former worker’s race discrimination, age discrimination, retaliation and contract claims arising when she was terminated. There is no dispute that the former employee’s claims are arbitrable.
Court: USDC Maryland, Judge: Chuang, Filed On: October 18, 2023, Case #: 8:23cv643, NOS: Employment - Civil Rights, Categories: Arbitration, Employment Discrimination, Employment Retaliation
J. Chuang partially declines to dismiss a complaint stemming from a U.S. Marshall Service canine biting the girlfriend of man being arrested. The canine the officers brought with them to help with the arrest of the boyfriend was trained to bite the first person it saw upon entry into a room, which was the girlfriend. A genuine dispute of material fact exists as to whether the officers were aware that the girlfriend would be present during the execution of the warrant.
Court: USDC Maryland, Judge: Chuang, Filed On: September 25, 2023, Case #: 8:20cv845, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Police Misconduct
J. Chuang partially declines to dismiss allegations of race discrimination and failure to promote brought by two sergeants who are both Black women. The sergeants, both of whom the department demoted without explanation and failed to promote multiple times while hiring white males instead, argue that this is a discriminatory pattern that persists from within. Excepting their claims against two police chiefs for a lack of adequate evidence, the sergeants have argued their case sufficiently and may proceed.
Court: USDC Maryland, Judge: Chuang, Filed On: September 18, 2023, Case #: 8:21cv2171, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Chuang grants an insurance firm a declaratory judgment that it does not have a duty to defend a second insurance firm, a vascular center or a doctor in a lawsuit stemming from a patient's death. Months after the patient died, the doctor and vascular center changed insurance providers, so that firm was not yet covering the parties at the time of the patient's death. Therefore, that firm was not responsible to provide medical records requested by the patient's family's counsel, nor was it obligated to indemnify the vascular center and doctor in the lawsuit.
Court: USDC Maryland, Judge: Chuang, Filed On: September 15, 2023, Case #: 8:22cv791, NOS: Insurance - Contract, Categories: Insurance, Discovery, Medical Malpractice
J. Chuang denies the Washington Commanders football stadium its motion to compel arbitration and dismiss negligence allegations brought by a group of Philadelphia Eagles fans who were injured at a game. After the game, the group went to an area in hopes of meeting some of the Eagles players. Stadium staff allowed them into an area, and while the group waited, they all fell after a railing they were leaning on gave way. The staff helped them up after they each fell five to ten feet onto a hard surface but failed to treat them further, telling them to "get the fuck out of the stadium." The group returned home and presently continue to receive medical treatment for their injuries. Although the NFL promised to investigate the incident, it nor any other parties have done so. Those parties argue that one of the group member's cousin was their "ticket agent" and therefore subject to arbitration, but they have not met their burden to prove this.
Court: USDC Maryland, Judge: Chuang, Filed On: September 14, 2023, Case #: 8:22cv2276, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Arbitration, Tort, Negligence
J. Chuang finds in favor of the county board of education following allegations of race discrimination brought by a former high school math and technology teacher. The board did not choose the teacher, a Black man, after he applied to three different athletic positions in the county. Those chosen were white. The teacher then emailed the public school system, quoting Deuteronomy 25:1-3 and saying, "Do not muzzle the ox that treadeth on the corn." Following this, the school system placed him on paid administrative leave twice and required a psychotherapist's exam to return to work. The follow fall, the teacher did not return and was determined to have abandoned his position. The teacher lacks the sufficient evidence needed to proceed on his claims.
Court: USDC Maryland, Judge: Chuang, Filed On: September 12, 2023, Case #: 8:20cv3471, NOS: Employment - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Chuang denies in part a grocery store’s motion to dismiss allegations of statutory and common law tort brought by two residents who own a home across the street. The grocery has allegedly significantly increased noise, trash and traffic on the residents’ property. Also, a person who shoplifted at the store ran onto the residents’ property to evade authorities, then tried to steal their bikes. Construction of the store also caused vibrations so strong it shook the residents’ home and made cracks in their driveway. The residents have, therefore, plausibly argued trespass, negligence and private nuisance. However, the residents’ claims of violations of a state environmental statute fail because only political subdivisions can use this particular rule, not individual homeowners. Their case is also not strong enough to sufficiently argue emotional distress claims.
Court: USDC Maryland, Judge: Chuang, Filed On: September 8, 2023, Case #: 8:22cv2396, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, Tort, Negligence
J. Chuang grants in part a restaurant staff member her motion for attorney fees and costs following an FLSA settlement with her employer. There was a discrepancy in her calculations, so she will not be awarded the amount she requested but is still entitled to over $80,000.
Court: USDC Maryland, Judge: Chuang, Filed On: August 22, 2023, Case #: 8:21cv2521, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Attorney Fees, Labor
J. Chuang partially grants biotech company Novavax’s CEO and three of its board members their motion to dismiss shareholder allegations of breach of fiduciary duty. The company allegedly abused control of, and grossly mismanaged, its plan to develop and market a Covid-19 vaccine. Because the CEO and board members relied on confidential information about issues with the development of the vaccine and they made profitable sales before that information became public, shareholders blame them for the plunge in value of stocks. However, the claim of breach of fiduciary duty is dismissed based on the lack of a pre-suit demand.
Court: USDC Maryland, Judge: Chuang, Filed On: August 21, 2023, Case #: 8:21cv2996, NOS: Stockholders’ Suits - Contract, Categories: Trade, Fiduciary Duty, Covid-19
J. Chuang grants in part the secretary of U.S. Health and Human Services his motion to dismiss allegations of race discrimination, hostile work environment and retaliation brought by a former FDA pharmacist-turned-consumer safety officer. The officer, a Black woman, reports that she was subject to unwarranted criticism of her work, an unreasonable workload, and suspension without pay. However, most of her claims are time-barred, and although supervisors and staff demonstrated behaviors toward her such as eye-rolling and smirking, there is no direct evidence that they were due to race discrimination. Also, the work environment allegations were not severe enough to be considered hostile.
Court: USDC Maryland, Judge: Chuang, Filed On: August 18, 2023, Case #: 8:21cv1620, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Chuang grants the U.S. Department of Justice’s motion to dismiss allegations of violations of a citizen’s constitutional rights when the department denied his purchase of a firearm based on a criminal background check. The citizen had previously been convicted of a crime with a prison sentence of over one year and had been committed to a mental institution two times in the past. Based on this information, when he went to purchase a gun at Dick’s Sporting Goods — a federal firearms licensee — his criminal and mental health background prevented him from purchasing one. Thus, the citizen’s argument against the department’s criminal background check lacks standing because the licensee’s test blocked him from getting the background check in the first place.
Court: USDC Maryland, Judge: Chuang, Filed On: August 18, 2023, Case #: 8:22cv1611, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Firearms
J. Chuang grants a class of engineers its motion for certification after it alleged an aerospace and electronics defense firm failed to pay overtime wages. The class is awarded conditional certification as an initial part of the litigation because it has evidenced the firm’s pattern of awarding only regular hourly pay for overtime work across numerous staff in different positions.
Court: USDC Maryland, Judge: Chuang, Filed On: August 10, 2023, Case #: 8:22cv1456, NOS: Fair Labor Standards Act - Labor, Categories: Civil Rights, Class Action, Labor
J. Chuang grants certification for a class of homeowners who allege that a mortgage servicing firm, acting on behalf of Fannie Mae and other mortgage loan owners, charged illegal inspection fees. Between 2015 and 2018, the firm illegally charged borrowers, including the class members, over $270,000 in illegal fees. The class has met all requirements for certification.
Court: USDC Maryland, Judge: Chuang, Filed On: August 9, 2023, Case #: 8:21cv3044, NOS: Consumer Credit - Other Suits, Categories: Property, Banking / Lending, Class Action
J. Chuang grants the Secretary of the Treasury and 10 IRS officials their motion to dismiss race discrimination, hostile work environment and retaliation allegations brought by a former supervisor info technology specialist. The specialist claims several violations of his civil rights including the officials forcing him to work a non-union position when he requested a union one, and refusing to hire him for 26 different positions for which he applied. However, the specialist did not address his complaints with the HR department before filing a complaint with the EEOC, and he failed to state a claim because he did not use comparable analysis when arguing discrimination.
Court: USDC Maryland, Judge: Chuang, Filed On: August 8, 2023, Case #: 8:22cv134, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Chuang grants a group of credit card debt collectors its motion to dismiss allegations of consumer protection law violations brought by a class of card owners. The class argues that the group of collectors is required by the state to be licensed in order to buy and sell debt, but legislative history and case law show that these unlicensed debt buyers are not technically “in the business of making loans” because they only extend existing credit and offer payment plans for repaying debt. Thus, they are not subject to the specified consumer protection laws.
Court: USDC Maryland, Judge: Chuang, Filed On: July 31, 2023, Case #: 8:22cv2461, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Chuang grants an orthopedic surgery firm its motion to dismiss claims of wage law and False Claims Act violations by a former doctor. The doctor argues the firm violated the Act when it claimed he and another doctor owed overhead expenses and loans exceeding their outstanding accounts receivable, which the doctor claims is false. Then the firm “took control” of the accounts receivable. However, even if the doctor had presented sufficient evidence of false claims, which he failed to do, he is not protected under the Act.
Court: USDC Maryland, Judge: Chuang, Filed On: July 7, 2023, Case #: 8:22cv1501, NOS: False Claims Act - Torts - Personal Injury, Categories: Employment, False Claims, Employment Retaliation
J. Chuang denies a group of gun advocacy organizations and individuals’ motion for a temporary restraining order and preliminary injunction against Montgomery County in a suit challenging recent amendments to county restrictions on gun possession and use. The group’s motion requests that the county be stopped from enforcing the ban of private citizens’ possession and use of guns in certain places such as schools, churches and hospitals, citing constitutional violations. However, the constitutionality of the ban has not been determined, and currently, security guards at all relevant locations are still allowed to use firearms, addressing the group’s expressed fears about protecting their safety when in these locations.
Court: USDC Maryland, Judge: Chuang, Filed On: July 6, 2023, Case #: 8:21cv1736, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Firearms
J. Chuang grants the University of Maryland’s motion to dismiss allegations of race and disability discrimination brought by a former painter. The painter, a Black man, has not demonstrated that a written reprimand he received from a white supervisor affected his job in any negative way. Additionally, the painter claims he received the same reprimand because he requested light duty after having cuff rotator surgery, but this claim is time-barred.
Court: USDC Maryland, Judge: Chuang, Filed On: July 5, 2023, Case #: 8:22cv1186, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Chuang partially grants a landowner's motion for summary judgment following trespass and nuisance claims against the United States Air Force after a pilot jettisoned fuel tanks, which fell onto the owner's land. Although regulation required the distressed pilot to unload the tanks, they are still considered trespass on private land. However, even though some fuel also allegedly contaminated the land, the owner had not yet built upon it, so the nuisance claim is denied.
Court: USDC Maryland, Judge: Chuang, Filed On: June 30, 2023, Case #: 8:20cv616, NOS: Torts to Land - Real Property, Categories: Government, Property, Tort
J. Chuang grants the National Security Agency its motion for summary judgment following the request for the disclosure of records under the Freedom of Information Act. The petitioner traveled to “a hostile foreign country” in 1996 as an employee of the NSA, and he and a coworker both developed a rare form of Parkinson's disease 10 years later. The NSA claims to have no evidence of whether or not the petitioner was exposed to a weapon designed to emit continuous microwaves in enemy living quarters, thereby potentially “causing numerous physical effects, including a damaged nervous system.” However, the NSA has properly classified the requested information because revealing it could threaten national security.
Court: USDC Maryland, Judge: Chuang, Filed On: June 26, 2023, Case #: 8:22cv153, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Agency, Military