33 results for 'judge:"Goodwin "'.
J. Goodwin grants the customer's motions for leave to file an amended complaint and for remand of her premises liability suit against the pharmacy retailer for injuries she sustained after tripping over a pallet in one of the isles at the pharmacy's Dunbar location. Since the store manager has been identified, neither he nor the pharmacy's employees are shielded from liability since the manager had possession and control of the store while he was on-duty. Since the customer can state a claim against the manager who is a West Virginia resident, the court no longer retains jurisdiction over the action.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: April 29, 2024, Case #: 2:23cv705, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Jurisdiction, Premises Liability
J. Goodwin partially grants the defendant police officers' joint motion to dismiss this complaint arising from the death of an individual who was allegedly detained in connection with a mental health crisis and later suffered cardiac arrest. The estate administrator's individual capacity claims under the Fourth and Eighth Amendments are dismissed without prejudice against the two officers.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 29, 2024, Case #: 5:20cv1280, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Goodwin denies the Georgia company's dismissal motion in this breach of contract lawsuit brought by an Oklahoma company. The plaintiff company has established a prima facie case for personal jurisdiction, based on the parties' continuing business relationship. Additionally, the arguments presented by the Georgia company do not support a transfer to the Northern District of Georgia.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 29, 2024, Case #: 5:22cv200, NOS: Other Contract - Contract, Categories: Jurisdiction, Venue, Contract
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J. Goodwin partially grants the defendant police chief's motion for summary judgment in this employment discrimination lawsuit arising from a disciplinary proceeding within the police department and the employee's subsequent termination and reinstatement. The employee's conspiracy claim is dismissed against the police chief, but his racial discrimination claim under Section 1981 survives. The court concludes that there is a dispute as to "whether the stated reason for plaintiff's termination was pretextual."
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 29, 2024, Case #: 5:20cv1281, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Goodwin grants the motion of the vice-president of the mortgage servicing company to dismiss the former customer's predatory lending suit, finding the customer "sets forth few allegations of fact aside from a brief recitation of vague and conclusory assertions." Additionally, the court sanctions the customer for his history of vexatious litigation and prohibits him from filing future pleadings in the Southern District without either seeking leave of the court or retaining the assistance of legal counsel.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: March 28, 2024, Case #: 2:23cv429, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions, Housing
J. Goodwin partially grants the defendant motorist's motions in limine in this personal injury lawsuit arising from a motor vehicle collision. The plaintiff motorist and his non-expert fact witnesses may testify as to mental and emotional pain suffered from the experience, but cannot testify as to the motorist's injuries and treatment. The plaintiff motorist is also prohibited from "urging the jury to send a message with its verdict," as this would be inappropriate.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 11, 2024, Case #: 5:22cv389, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Experts, Discovery
J. Goodwin denies in part the plaintiff motorist's motions in limine in this lawsuit arising from a motor vehicle collision. The plaintiff motorist seeks to preclude the defendant motorist from introducing plaintiff's medical information that is not related to this case, but this request is too broad and does not identify any specific record. Plaintiff can object during trial if defendant attempts to introduce an inadmissible medical record. However, the defendant motorist's counsel and witnesses are precluded from suggesting "that the jury's decision may result in higher healthcare costs or affect the costs of insurance."
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 11, 2024, Case #: 5:22cv389, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Discovery
J. Goodwin grants in part a Charleston attorney's motion for attorneys fees in the breach of contract suit two other attorneys filed claiming he unjustly enriched himself in filing civil actions for former students of the Miracle Meadows School, a now-shuttered Seventh Day Adventist boarding school in Harrison County, after working jointly with them to file the first 29 suits that ultimately resulted in a $100 million settlement. Since the two attorneys recognized their claim lacked merit due to the absence of a joint venture agreement in the latter cases and voluntarily dismissed the complaint, and the one attorney failed to file for sanctions, he is entitled to an award of attorneys fees as they relate to responding to the two other attorneys' motion to disqualify the Bailey and Glasser law firm and the omnibus renewed motion to file documents under seal. The court holds in abeyance determining the amount until detailed bills are submitted, which are to be provided within 10 days.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: February 5, 2024, Case #: 2:22cv604, NOS: Other Contract - Contract, Categories: Business Practices, Attorney Fees, Contract
J. Goodwin denies the defendant company's post-judgment motions following a jury trial on the plaintiff companies' claims for breach of contract and conversion in connection with certain purchase orders. The defendant company fails to show that it is entitled to judgment as a matter of law as to the conversion claim. Specifically, it does not establish that "the two jury findings are mutually exclusive."
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: January 29, 2024, Case #: 5:18cv1245, NOS: Other Contract - Contract, Categories: Conversion, Contract
J. Goodwin grants in part the respective motions for summary judgment in the environmental groups��� suit against the mining company for its violation of Clean Water and the Surface Mining Control and Reclamation acts through the discharge of pollutants without a permit in Kanawha County. The court declares the company violated the acts by discharging pollutants without a permit from Nov. 26, 2021, to April 14 at Rush Creek Surface Mine No. 2, and failing to satisfy the reporting requirements of its permit at Rush Creek Surface Mine from November 2021 through November 2022. Since the company is currently in compliance with all of its permits, the groups' motion for injunctive relief to halt mining operations is denied, while a determination on the extent of the company's violations is held in abeyance.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: October 4, 2023, Case #: 2:22cv367, NOS: Environmental Matters - Other Suits, Categories: Energy, Environment, Water
J. Goodwin grants the home loan financing company���s motion for judgment on the pleadings in a Mingo County homeowner���s suit claiming the company financed the deceptive sale of a solar panel system that was not properly installed and provided him no benefit. Absent some details on how it shared in the profits with the now-defunct contractor that installed the solar panels on the home, the court finds the company did not conspire with its partners to conceal the terms of their agreements and could not foresee any potential misconduct by the contractor.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: October 3, 2023, Case #: 2:23cv84, NOS: Other Contract - Contract, Categories: Energy, Fraud, Contract
J. Goodwin grants the board defendants' dismissal motion as to the former police chief's federal claims for failure to state a claim. The former chief contends that his termination was in retaliation for his "engaging in protected speech addressing a matter of public concern," but he fails to establish his claims under Section 1983. Specifically, his communications were made pursuant to his official duties. The court also declines to exercise jurisdiction over his state law claims.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: September 29, 2023, Case #: 5:22cv773, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Jurisdiction
J. Goodwin adopts the magistrate judge���s proposed findings and recommendation granting the automobile dealer���s motion to dismiss the suit claiming fraudulent inducement an unfair debt collection after the dealership assigned the security agreement in the retail installment contact on the 2021 Audi Q7 SUV they signed on Aug. 13, 2021, to United Bank. Finding the dealership is not subject to the Fair Debt Collection Practices Act, the court finds it lacks subject matter jurisdiction since the customer���s dispute is one of simple contract and tort law.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: September 29, 2023, Case #: 2:22cv507, NOS: Other Contract - Contract, Categories: Debt Collection, Fiduciary Duty, Jurisdiction
J. Goodwin grants the state's dismissal motion in this lawsuit brought by a former employee alleging violations of her rights in connection with her termination. She specifically contends that her termination was based on age and gender discrimination, as well as retaliation for "reports of sexual harassment of other employees." However, the allegations do not establish gender bias under Title VII. The court also declines to exercise jurisdiction over her state law claims.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: September 29, 2023, Case #: 5:22cv1095, NOS: Employment - Civil Rights, Categories: Jurisdiction, Employment Discrimination, Employment Retaliation
J. Goodwin grants in part the employer's partial motion to dismiss in this employment discrimination lawsuit. The former employee contends that the reasons given for her termination were pretextual, and she asserts claims for age and gender discrimination, as well as disability discrimination. The claims that remain pending include her claims for Family and Medical Leave Act interference and age discrimination under the Age Discrimination in Employment Act.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: September 29, 2023, Case #: 5:21cv94, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Goodwin grants West Virginia���s motion to dismiss with prejudice one of the named plaintiffs in the child welfare class action. Since the child - now an adult - was in the custody of the Bureau of Juvenile Services, and not the Department of Health and Human Resources from June through December 2019, he "was not 'a foster child . . . in the foster care custody of DHHR' at the time this class action was filed."
Court: USDC Southern District of West Virginia, Judge: Goodwin , Filed On: September 1, 2023, Case #: 3:19cv710, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Class Action
J. Goodwin grants in part and denies in part 12 current and former foster care children���s motion for class certification and appointment of class counsel in their civil rights suit challenging ���systemic deficiencies��� in the state of West Virginia���s child welfare system. Finding the children���s
claims are ���tailor-made for class resolution,��� the court grants the motion for approval of one general class and one Americans with Disabilities Act subclass, but denies the motion for a kinship subclass. Also, the court appoints seven attorneys, one law firm and two child advocacy groups as class counsel.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: August 17, 2023, Case #: 3:19cv710, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Class Action
J. Goodwin grants the U.S. Army and Air Force secretaries motion to dismiss a West Virginia Air National Guard Master Sergeant���s civil rights suit claiming her superiors at the 130th Airlift Wing denied her a position as a human resource development specialist because she is gender non-conforming and lesbian. Despite being a civilian employee, the court finds the master sergeant���s claims are barred by the intra-military immunity doctrine since she applied and was considered for the position while deployed to Qatar in 2018.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: August 10, 2023, Case #: 2:21cv612, NOS: Employment - Civil Rights, Categories: Civil Rights, Jurisdiction, Military
J. Goodwin grants in part two West Virginia child protective services workers��� motions for summary judgment on a lawsuit brought by a couple saying the workers improperly removed their two grandchildren from their care for five months. Finding there was more than sufficient probable cause to temporarily remove the grandchildren from the home on Sept. 9, 2020, the court dismisses the couple���s federal claims against the workers with prejudice. In choosing not to exercise supplemental jurisdiction on the remaining state tort claims, the court dismisses them without prejudice.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: July 28, 2023, Case #: 2:22cv265, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Guardianship