21 results for 'judge:"Dishman"'.
J. Dishman dismisses the individual plaintiff's negligence and malicious prosecution claims against the government based on a lack of jurisdiction. The claims arise from an incident at a medical center that allegedly resulted in the plaintiff's arrest. He was later "acquitted of the conduct" and brought the current claims as a result. The conduct alleged against the law enforcement officers does not support a negligent arrest claim, however, and the plaintiff fails to cite "an appropriate private party analogue for his negligent delay of medical care claim." His excessive force claim remains for trial.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: April 29, 2024, Case #: 5:19cv1102, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Negligence
J. Dishman partially grants the defendant refrigerator manufacturer's motion to exclude certain expert testimony in this lawsuit stemming from a fire that allegedly began in a recreational vehicle. The owners of the RV contend that the fire was caused by a defective refrigerator, which was inside the RV, and the court finds that their expert's opinions are "generally relevant and helpful." However, certain parts of his report, specifically including his "opinions concerning the safety remedy provided as part of the recalls" and whether the National Highway Traffic Safety Administration approved, are neither relevant nor reliable.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: March 22, 2024, Case #: 5:20cv272, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Negligence, Product Liability, Experts
J. Dishman denies the plaintiff vehicle owners' motion to exclude certain expert testimony in this product liability lawsuit arising from a fire that they allege started in a recreational vehicle as a result of a defective refrigerator. The defendant refrigerator manufacturer's expert is a certified fire and explosion investigator who has investigated "more than 1,000 fires, including RV fires where gas absorption refrigerators were present." The court does not find his opinions to be unreliable and notes the spoliation issue "can be adequately challenged on cross-examination."
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: March 22, 2024, Case #: 5:20cv272, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Product Liability, Experts
[Consolidated.] J. Dishman transfers these two consolidated real estate cases to the Northern District of Texas, Wichita Falls division, based on improper venue.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: March 13, 2024, Case #: 5:23cv227, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Real Estate, Venue
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[Consolidated.] J. Dishman transfers these two consolidated real estate cases to the Northern District of Texas, Wichita Falls division, due to improper venue. The court notes that transfer "will promote judicial efficiency," as opposed to dismissal.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: March 13, 2024, Case #: 5:24cv110, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Real Estate, Venue
J. Dishman grants the state defendants' dismissal motion in this lawsuit challenging the constitutionality of a state law that requires public schools to separate multiple occupancy restrooms and changing areas "based on a student's biological sex." The plaintiff students fail to "state a claim on which relief can be granted," as the law does not violate the Equal Protection Clause or Title IX. Additionally, the court will deny as moot their request for a preliminary injunction as to the state defendants.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: January 12, 2024, Case #: 5:22cv787, NOS: Education - Civil Rights, Categories: Civil Rights, Education
J. Dishman denies the refrigerator owners' motion to compel certain discovery in this product liability lawsuit involving a fire that was allegedly caused by the refrigerator installed on their recreational vehicle. The owners seek certain testing materials, which were produced by an outside consultant for the refrigerator manufacturer. However, it is not clear how the material is relevant to the claims at issue here, as the testing was done on other models of refrigerators.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: November 8, 2023, Case #: 5:20cv272, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Product Liability, Discovery
J. Dishman partially grants the former employer's dismissal motion in this lawsuit brought by a former employee asserting discrimination claims under Title VII. The former employee fails to state a claim for racial discrimination. She bases her claim on the race of her significant other, but she fails to show an "adverse employment action because of her association with minorities." Her sex discrimination claim survives dismissal, however, as she alleges that she was sexually assaulted by a supervisor and constructively discharged.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: November 6, 2023, Case #: 5:21cv1057, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Dishman grants the defendant officer's dismissal motion in this civil rights action stemming from an individual's arrest, after the individual was allegedly stopped for failing to wear a seatbelt. The driver was cited for the seatbelt violation, along with attempting to elude police and illegal tag display. However, he fails to establish his claim that the officer "violated his constitutional right to travel" or that the subsequent impoundment and search of his car were unconstitutional.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: September 14, 2023, Case #: 5:22cv12, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Dishman grants summary judgment to the defendant car dealer in this lawsuit brought by a former employee alleging race and gender discrimination, as well as retaliatory discharge. The car dealer provided "a legitimate, non-discriminatory reason" for the employee's termination, specifically related to certain car deals, which it claims were "in violation of company policy." Also, the evidence does not show that the decision was pretext for discrimination.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: August 28, 2023, Case #: 5:20cv306, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Dishman partially grants the individual defendants' dismissal motion in this lawsuit seeking monetary damages in connection with a misdemeanor criminal case. The individual plaintiff may not assert claims on behalf of his company, since he is proceeding pro se and is not an attorney. Also, the individual defendants, which include a judge and a district attorney, are both entitled to immunity.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: July 14, 2023, Case #: 5:23cv148, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Immunity, Damages
J. Dishman dismisses the former employee's claims against the individual defendant in this employment discrimination lawsuit. The former employee, who appears pro se and asserts claims arising from his termination as a housekeeper, failed to effect proper service on the individual. Additionally, his breach of contract and violation of public policy claims against the defendant company are dismissed.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: June 30, 2023, Case #: 5:20cv1279, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Contract
J. Dishman denies the city defendants' dismissal motion in this lawsuit brought by a construction company seeking payment for allegedly "unpaid labor, equipment, materials, and services," relating to a rehabilitation project at the Atoka Dam. The court has jurisdiction to hear the company's claims for quantum meruit and unjust enrichment. Additionally, the company is allowed "to pursue alternative theories of recovery" at this stage.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: June 30, 2023, Case #: 5:21cv1138, NOS: Other Contract - Contract, Categories: Civil Procedure, Jurisdiction, Contract