5 results for 'judge:"Doty"'.
J. Doty partially grants the wire service's motion to dismiss the oil and gas company founder's suit alleging that a story the wire service published incorrectly implied that he had been convicted of criminal activity rather than saying that he had been held civilly liable. It would be premature to determine on the current record whether the founder is a limited-purpose public figure, but he has nevertheless plausibly alleged actual malice. He has adequately pleaded defamation, defamation per se and defamation by implication, but has abandoned an intentional infliction of emotional distress claim.
Court: USDC Minnesota, Judge: Doty, Filed On: April 17, 2024, Case #: 0:23cv2983, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Emotional Distress
J. Doty grants the police officers' and city's motion for remittur in the mother's wrongful death suit on behalf of her son, but denies their motions for a new trial, to alter or amend judgment while agreeing to stay execution of the judgment pending appeal. The jury's $10,000,000 compensatory damages award is excessive and unsupported by the facts presented at trial. The court did not err, however, in excluding testimony and evidence about the presence of drugs in the son's system and apartment, about his ongoing criminal cases, about a witness's shoplifting convictions and about an officer's subjective opinions and fears and a psychopharmacologist's testimony about the effects a certain drug had on the son. Statements made in closing arguments were also not sufficiently improper to require a new trial, nor are jury instructions on punitive damages or the jury's decision to find one, but not another, officer liable for the death. The stay is unopposed and warranted.
Court: USDC Minnesota, Judge: Doty, Filed On: February 8, 2024, Case #: 0:20cv707, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Jury, Damages
J. Doty grants summary judgment to the employer and supervisors in the employee's suit alleging that he was constructively discharged for raising concerns about paramedic training practices, understaffing and the use of ketamine on unwilling patients. The employee's speech on those issues was not protected by the First Amendment, since all of the speech was in the course of his duties, and a performance improvement plan and a decision, after the employee quit, that he was ineligible for rehire are not sufficient to establish a constructive discharge. The employee also has not alleged a causal connection between his speech and these actions.
Court: USDC Minnesota, Judge: Doty, Filed On: December 20, 2023, Case #: 0:20cv1787, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Doty grants the employer's motion to dismiss the employees' suit alleging that the employer's Covid-19 vaccination policy and requirements that unvaccinated employees be masked and socially distance in the workplace brought about or constituted religious discrimination. The employees have not exhausted their administrative remedies, their claims are untimely, and they fail to state a claim . Leave to amend is also denied given these determinations.
Court: USDC Minnesota, Judge: Doty, Filed On: August 3, 2023, Case #: 0:23cv595, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Doty grants an emergency motion for dismissal with prejudice as a sanction against the employee, herself an attorney, and her attorneys for misleading the employer about her employment and thus her claimed economic damages in this employment discrimination action. Both the attorney and her two attorneys are also referred to the Minnesota Office of Lawyers Professional Responsibility for potential investigation.
Court: USDC Minnesota, Judge: Doty, Filed On: July 17, 2023, Case #: 0:20cv1534, NOS: Employment - Civil Rights, Categories: Sanctions, Employment Discrimination