69 results for 'judge:"Hall"'.
J. Hall grants the insurer's and the beneficiaries' joint motion for discharge, dismissal and disbursement of $87,000 in interpleader funds to the new primary beneficiary in a life insurance dispute. Judgment is entered in favor of the insurer against the initial primary beneficiary as to the interpleader relief and in favor of beneficiaries on their crossclaim. The initial primary beneficiary failed to respond to the action or the crossclaim. There is no evidence the decedent was incompetent at the time he executed a third change of beneficiary request form, therefore the form is valid and the new primary beneficiary is entitled to the funds.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: April 26, 2024, Case #: 1:23cv63, NOS: Insurance - Contract, Categories: Insurance
J. Hall grants the insureds' motion to exclude certain costs from the insurer's bill of costs after a ruling in the insurer's favor was entered in a breach of contract action. Costs for e-discovery processing, data hosting fees, vendor research, postage, copying and document loading fees are not taxable. The clerk is ordered to tax costs in the amount of $883 against the insureds.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: April 26, 2024, Case #: 1:21cv19, NOS: Insurance - Contract, Categories: Civil Procedure, Contract
J. Hall trims a class action against an energy services broker that was sued by a group of property owners who say it charged them exorbitant variable monthly rates for gas services following the automatic renewal of their respective agreements. The only claim to survive is one for implied covenant of good faith and fair dealing, finding the property owners reasonably expected their rates to be based on current market prices or, at the very least, not double the initial rate after their contracts were renewed.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: April 15, 2024, Case #: 2:22cv3664, NOS: Other Contract - Contract, Categories: Energy, Class Action
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J. Hall grants the county's, sheriff's and board of commissioners' motion to dismiss the widower's civil rights action arising from his wife's death in a car collision with a deputy. The deputy was driving at fast speeds to respond to an emergency call. The county had no authority to control the deputy and therefore cannot be held liable under a theory of supervisory liability for his actions. The deputy and the sheriff are entitled to immunity from the widower's civil rights claims.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: April 9, 2024, Case #: 1:23cv112, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Rights, Negligence
J. Hall rules in favor of a Brooklyn nightclub and dismisses a bartender’s labor law complaint alleging claims for unpaid wages, unlawful deductions, wage statement and notice violations and retaliation. The complaint fails to provide any documentation showing the nightclub earned more than $500,000 in annual revenue, therefore it is not a covered employer under Fair Labor Standards Act.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 29, 2024, Case #: 1:20cv2842, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Hall dismisses a class action brought against Kandi, a Chinese electric-vehicle manufacturer, for securities violations. The case stems from allegations that it used fake vehicle sales to obtain $160 million from U.S. investors, allegations which the company denies. The investors fail to plead scienter.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 29, 2024, Case #: 2:20cv6042, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
J. Hall rules in favor of a health supplement supplier on the opposing party’s three counterclaims for breach of contract, fraud and fiduciary duty, finding the defendants fail to provide any substantive evidence that proves the existence of a second agreement between the two parties concerning the ownership of the company’s shares.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 29, 2024, Case #: 2:19cv5637, NOS: Trademark - Property Rights, Categories: Trademark, Contract, False Advertising
J. Hall dismisses an employment discrimination complaint against Amazon Fulfillment, who was sued by a Hispanic warehouse worker alleging she was denied a promotion, harassed and fired because of her ethnicity. The court finds she fails to link Amazon’s decisions not to promote her and to later fire her to her ethnicity, and her claim for hostile work environment fails because she provides only one instance that suggests racially motivated harassment.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 29, 2024, Case #: 1:21cv3092, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Hall grants summary judgment to a group of New York City transportation police officers and dismisses a former sergeant’s employment retaliation and constructive discharge complaint. His refusal to follow his superiors’ orders did not constitute protected activity, none of the defendants’ actions constituted adverse employment actions and his constructive discharge fails because the last alleged retaliatory action occurred four months prior to his resignation.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 29, 2024, Case #: 1:17cv3779, NOS: Employment - Civil Rights, Categories: Employment Retaliation
J. Hall dismisses a complaint against New York’s education department challenging its decision to revoke an impartial hearing officer’s certification after finding she had committed plagiarism and improperly advocated on behalf of a party in one of her cases. Her due process claim fails because she did not file a petition in state court appealing the decision as required, and her equal protection claim fails because she does not specify any comparators which would suggest she was singled out on the basis of her race.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 26, 2024, Case #: 1:23cv2361, NOS: Other Civil Rights - Civil Rights, Categories: Education, Due Process, Equal Protection
J. Hall denies, in part, the county and other defendants’ motion for summary judgment in this dispute brought by an abortion protester arrested for criminal trespass. A new ordinance “survives intermediate scrutiny and passes constitutional muster as a reasonable time, place, and manner restriction.”
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: March 25, 2024, Case #: 1:22cv149, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Hall grants the insurance company’s motion for summary judgment, finding it did not breach a policy in this suit arising from a car accident involving a person whose name was listed beneath a line on the policy that says “Additional information: Named Insured.” This person’s portion of the “Drivers and resident relatives” section does not include a line indicating she is also a named insured.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: March 22, 2024, Case #: 1:23cv85, NOS: Insurance - Contract, Categories: Insurance
J. Hall partially overrules the county's objection to the magistrate judge's order and finds that the amended civil rights complaint brought by Ahmaud Arbery's mother is the operative pleading in the case except for a deliberate indifference claim, which is struck. The majority of the mother's amendments serve to bolster her already existing claims and are based on facts which were not available to her when she initiated the action. However, the mother improperly delayed in bringing her deliberate indifference claim against the police officer since his name was mentioned in at least one news article and she should have known she had a potential claim against him. The police chief's renewed motion to dismiss is granted.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: March 21, 2024, Case #: 2:21cv20, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Hall denies the insurer's motions for summary judgment in a declaratory judgment action claiming that it has no duty to defend or indemnify the insured in an underlying lawsuit arising from defects in a mobile home assembled by the insured. The insurer failed to show that the home was defective before the insured assembled it or that the damage to the home was not property damage under the policy. The insurer also failed to show that business risk exclusions in the policy apply to the underlying claims against the insured. A question of fact exists as to whether the insured had complete dominion over the home and it is not clear that the damages claimed were to the part of the home the insured assembled.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: March 19, 2024, Case #: 6:22cv43, NOS: Insurance - Contract, Categories: Insurance
J. Hall grants the law firm's renewed motion to dismiss the individual's RICO, conversion, breach of fiduciary duty and breach of contract action alleging that the firm stole nearly all of his incentive award from an underlying lawsuit. The court lacks personal jurisdiction over the firm, which is in California. The firm agreed to represent the individual in the then-pending California case while the individual was still living in California. The parties' interactions afterward with the state of Georgia resulted only from the individual's move to Georgia.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: March 15, 2024, Case #: 4:23cv178, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Fiduciary Duty, Conversion, Jurisdiction
J. Hall partially rules in favor of the doctor in a civil rights and medical malpractice action brought by the estate executor arising from the decedent's death. The executor alleged that the doctor failed to prevent the decedent's pressure ulcers from worsening. The executor lacks standing to bring a wrongful death claim against the doctor. However, a genuine issue of fact exists as to when the statute of limitations began to run on the medical malpractice claim. The doctor's motion to exclude an expert's opinions on causation is granted because the expert's differential diagnosis is not reliable. The expert failed to explain why she rejected other causes of the decedent's sepsis to find that the doctor's negligence caused the decedent's injury.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: February 20, 2024, Case #: 4:15cv149, NOS: Other Civil Rights - Civil Rights, Categories: Wrongful Death, Medical Malpractice
J. Hall partially rules in favor of the tenant in a trespass action brought by an individual alleging that the tenant damaged a mobile home after leaving the property. A decision in an underlying quiet title action which found that the individual does not own the property precludes the individual from relitigating the issue of ownership of the property and moots his claims for damages to the property. The individual's claims for damage to his personal property are dismissed for his failure to prosecute the action.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: February 16, 2024, Case #: 1:18cv206, NOS: All Other Real Property - Real Property, Categories: Property