17 results for 'judge:"Dooley"'.
J. Dooley grants in part and denies in part a motion to dismiss filed by an employer who fired an employee two years after they urged her to return to work early from parental leave. The request for early return two years prior to termination does is not sufficient to infer gender-based discrimination or retaliation. However, the employee requested family medical leave to care for her son weeks prior to the termination date and this is cause for retaliation.
Court: USDC Connecticut, Judge: Dooley, Filed On: March 29, 2024, Case #: 3:23cv3, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Retaliation
J. Dooley denies the firearm manufacturers' motion to dismiss for lack of standing, ruling that while the customers' Social Security numbers were not stolen in the data breach, the theft of credit card information - used to make several fraudulent purchases - is sufficient to establish a concrete injury and the threat of imminent harm. However, because the consumers' negligence claim is identical to the contract claim and does not cite any property damage sustained as a result of the manufacturer's negligence, that claim is barred by the economic loss doctrine and must be dismissed.
Court: USDC Connecticut, Judge: Dooley, Filed On: March 27, 2024, Case #: 3:22cv1233, NOS: Other Contract - Contract, Categories: Consumer Law, Negligence, Class Action
J. Dooley denies the supervisor's motion to dismiss, ruling the fired employee has established a First Amendment retaliation claim. Although comments about the treatment of a homeless individual at the coworkers' medical clinic were part of the employee's job duties, she was not a public employee and, therefore, her speech was protected.
Court: USDC Connecticut, Judge: Dooley, Filed On: March 14, 2024, Case #: 3:23cv127, NOS: Other Civil Rights - Civil Rights, Categories: Employment, First Amendment
J. Dooley grants the employer's motion to dismiss, ruling the fired nurse's First Amendment retaliation claim fails as a matter of law because her speaking out to request extended stay in the medical facility for a homeless individual clearly fell within the scope of her job responsibilities and, therefore, was not protected speech.
Court: USDC Connecticut, Judge: Dooley, Filed On: March 11, 2024, Case #: 3:23cv127, NOS: Other Civil Rights - Civil Rights, Categories: Employment Retaliation, First Amendment
J. Dooley grants the insurer's motion for summary judgment, ruling its policy with the homeowner sued by the parents of a child injured in her care does not require coverage for the underlying lawsuit. The nature of the child's injuries were caused by intentional conduct and, therefore, do not constitute an occurrence under the policy.
Court: USDC Connecticut, Judge: Dooley, Filed On: February 27, 2024, Case #: 3:22cv889, NOS: Insurance - Contract, Categories: Insurance, Contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Dooley denies, in part, the employer's motion to dismiss, ruling the discrimination and retaliation claims will proceed based on the allegations made by the Hispanic employee, which supports her claim of a constructive discharge. She was told to resign by her union representative before she was fired just two days after she informed her supervisors of numerous racist comments made by a coworker who was not disciplined.
Court: USDC Connecticut, Judge: Dooley, Filed On: February 15, 2024, Case #: 3:22cv1173, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Dooley grants the police department's motion for summary judgment, ruling the Haitian officer's discrimination claims related to the department's decision not to promote him fail as a matter of law because his written and oral test scores, which were lower than 93 percent of the 100 applicants for the position, gave it a legitimate reason to deny him a promotion.
Court: USDC Connecticut, Judge: Dooley, Filed On: November 7, 2023, Case #: 3:20cv1736, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination
J. Dooley grants, in part, the university's motion to dismiss, ruling the female student's Title IX must be dismissed in regards to her sexual assault because there is no indication the university knew the assailant would attack fellow students, especially considering the student had never met her attacker prior to the incident. However, her Title IX claim regarding the university's response, which included a 90-minute interview during which she was forced to recount graphic details of the assault and the school's initial failure to respond for over two weeks, is sufficient to establish a deliberate indifference claim.
Court: USDC Connecticut, Judge: Dooley, Filed On: September 26, 2023, Case #: 3:22cv1249, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Evidence
J. Dooley grants Amazon's motion for summary judgment, ruling the labor claims filed by the class of warehouse employees must be dismissed because time spent in security lines before and after their shifts is not indispensable to the performance of their jobs and, therefore, is not compensable work under the Fair Labor Standards Act.
Court: USDC Connecticut, Judge: Dooley, Filed On: September 20, 2023, Case #: 3:21cv1152, NOS: Other Labor Litigation - Labor, Categories: Class Action, Labor
J. Dooley grants the city's motion for summary judgment, ruling the 61-year-old white applicant for the commissioner position was not significantly more qualified than the applicant selected for the position, while a stray remark from a hiring committee member about previously hiring an "old white man" is insufficient to prove discriminatory intent on the part of the committee. Additionally, although the applicant selected for the position was younger than the 61-year-old, he was sufficiently qualified and the gap in age alone cannot be used to support age discrimination claims.
Court: USDC Connecticut, Judge: Dooley, Filed On: September 11, 2023, Case #: 3:21cv771, NOS: Employment - Civil Rights, Categories: Evidence, Government, Employment Discrimination
J. Dooley grants the employer's motion to dismiss, ruling the pilot cannot bring a suit to recover taxes withheld from his paychecks because the proper remedy for such an action is an administrative suit with the IRS and, if that is unsuccessful, a lawsuit against the U.S.
Court: USDC Connecticut, Judge: Dooley, Filed On: August 22, 2023, Case #: 3:22cv1357, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Tax
J. Dooley grants, in part, the franchise developer's motion for summary judgment, ruling the parent company is liable for a breach of the master development agreement for its termination of the agreement after the developer filed suit in this court.
Court: USDC Connecticut, Judge: Dooley, Filed On: August 16, 2023, Case #: 3:20cv360, NOS: Franchise - Contract, Categories: Contract
J. Dooley grants the trusts' motion to dismiss, ruling that the charitable foundation's claims regarding the theft of insurance policy benefits are barred by res judicata because they should have been brought in the initial action filed in the Southern District of New York. Although the trusts and other defendants in this case are alter egos of the original defendants, their identities were known at the time the New York suit was filed and that court would have had jurisdiction over all the parties; therefore, the charitable foundation failed to state a claim upon which relief can be granted and the case must be dismissed in its entirety.
Court: USDC Connecticut, Judge: Dooley, Filed On: August 2, 2023, Case #: 3:20cv738, NOS: Other Contract - Contract, Categories: Civil Procedure, Insurance, Contract
J. Dooley denies the insureds' motion for class certification, ruling that differences in the various policies prevent finding a common answer as to whether the insurer overcharged the class members for medical equipment. Although some or many of the policies may have similar payment structures and provide the type of commonality required, too many individualized inquiries will be required to allow the court to properly analyze the questions presented by the lawsuit.
Court: USDC Connecticut, Judge: Dooley, Filed On: July 6, 2023, Case #: 3:17cv1693, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty, Class Action
J. Dooley grants the city's motion for summary judgment in a discrimination case, ruling that even if the project coordinator's decision to terminate the Asian Pacific American-owned company from the engineering portions of a construction project was based on their ethnicity, which is not supported by the record, the city had no policy in place regarding that sort of discrimination and the coordinator was not a policymaker that could render the city liable for his actions.
Court: USDC Connecticut, Judge: Dooley, Filed On: July 5, 2023, Case #: 3:21cv616, NOS: Employment - Civil Rights, Categories: Construction, Equal Protection, Contract
J. Dooley denies the employer's motion to dismiss putative class labor claims, ruling the 2015 rule added to the Fair Labor Standards Act to deny third-party employers certain exemptions for live-in health care workers is a reasonable interpretation of the Act. Prior to the rule, the legislation was completely silent on whether exemptions applied to third-party employers. Therefore, because the legislature followed proper procedure when it passed the rule, including a notice and comment period, it is a reasonable interpretation of the law and applies to the employer in this case.
Court: USDC Connecticut, Judge: Dooley, Filed On: June 6, 2023, Case #: 3:22cv612, NOS: Fair Labor Standards Act - Labor, Categories: Government, Class Action, Labor