35 results for 'judge:"Hillman "'.
J. Hillman grants a company���s motion to dismiss all claims brought against it by its former CEO. The CEO���s claims were already addressed, or could have been addressed, in a prior civil action and are therefore barred from further litigation.
Court: USDC Massachusetts, Judge: Hillman, Filed On: March 19, 2024, Case #: 1:20cv11148, NOS: Stockholders’ Suits - Contract, Categories: Civil Procedure, Employment, Business Expectancy
J. Hillman allows plaintiff to continue claims contending a school district failed to provide a disabled student an appropriate education because whether the disputes will fall to state education agencies remains unclear at this early stage, and no basis exists for the finding that the administrative law judge failed to issue a timely decision.
Court: USDC New Jersey, Judge: Hillman , Filed On: February 29, 2024, Case #: 1:21cv15677, NOS: Education - Civil Rights, Categories: Civil Procedure, Education
J. Hillman rules in part for Burlington Coat Factory in claims accusing the company of firing a transgender retail sales associate, who contends she had been misgendered about 40% of the time, after she disclosed a disability and complained to HR about a supervisor who stated "there was a transvestite" in the department. The employee failed to rebut legitimate reasons presented for her firing, including poor performance and attendance issues, but alleged repeated harassment by coworkers was sufficiently severe and pervasive to "detrimentally affect her."
Court: USDC New Jersey, Judge: Hillman , Filed On: February 29, 2024, Case #: 1:18cv11266, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Hillman declines to reimburse costs to an insurer accused of manipulating premiums to force a real estate development and management company to pay more because even if the company prolonged litigation by pursuing a meritless appeal, the insurer had other remedies related to costs.
Court: USDC New Jersey, Judge: Hillman , Filed On: February 16, 2024, Case #: 1:19cv13638, NOS: Insurance - Contract, Categories: Fraud, Insurance
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J. Hillman allows plaintiff to continue certain pro se claims contending a condominium failed to protect plaintiff, a disabled tenant, from another resident's anti-Jewish and ableist slurs, as well as his threats to kill her, and failed to take action after security guards mocked her disability. The tenant adequately alleged anti-Jewish discrimination and that security staff had charged her fees to let her into the building.
Court: USDC New Jersey, Judge: Hillman , Filed On: January 22, 2024, Case #: 1:23cv1877, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Housing
J. Hillman denies a freight forwarder's motion for summary judgment against its employees, who are suing it for allegedly unlawfully deducting wages from their pay. The freight forwarder can factor damages into its overall delivery rate, but not deduct damages from its employees' paychecks.
Court: USDC Massachusetts, Judge: Hillman, Filed On: December 21, 2023, Case #: 4:18cv11905, NOS: Other Contract - Contract, Categories: Employment, Class Action, Labor
J. Hillman excludes certain experts retained by an engineering company accused of false advertising and omitting material facts concerning a caulking gun. Certain documents had not been disclosed by the discovery deadline, and one expert's methods and assumptions were unreliable. However, the company's concerns about expertise are best addressed in voir dire.
Court: USDC New Jersey, Judge: Hillman , Filed On: December 18, 2023, Case #: 1:12cv2999, NOS: Trademark - Property Rights, Categories: Civil Procedure, Consumer Law, Experts
J. Hillman rules for the borough in claims brought after a developer was stymied from selling property and the transfer of a tax abatement agreement was ruled to be null and void. The administrative decision was non-legislative, and little or no evidence had been presented related to the decision. Meanwhile, the developer failed to prove the mayor had a role in the decision, and the borough did not impede the developer's right to sell the property without the tax abatement. Finally, a borough police officer's comments that "these Jews have enough money" did not represent the motives of the borough or the council as a whole.
Court: USDC New Jersey, Judge: Hillman , Filed On: November 27, 2023, Case #: 1:21cv16700, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property
J. Hillman denies, in part, a police organization and its officers' motions to dismiss civil rights claims filed by a man whom they arrested after mistaking him for a driver who caused a multi-car collision. He plausibly alleges his claims for unlawful arrest, battery and excessive force.
Court: USDC Massachusetts, Judge: Hillman, Filed On: November 16, 2023, Case #: 4:23cv11096, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Assault, Police Misconduct
J. Hillman denies in part the government���s motion for summary judgment against a couple suing it for assault and battery, intentional infliction of emotional distress and negligence. A genuine dispute exists as to whether excessive force was used, based on the couple���s account of the incident including that the man in the couple was punched by one of the government���s law enforcement officers.
Court: USDC Massachusetts, Judge: Hillman, Filed On: November 13, 2023, Case #: 1:21cv11068, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Constitution, Government, Police Misconduct
J. Hillman finds for a health network accused of changing a nurse's schedule and firing her after she complained that a doctor sexually harassed her, and based on the false accusation that she turned away a patient seeking an x-ray and failed to assist another patient who was experiencing Covid-19 symptoms. The nurse did not establish that the doctor's conduct had been severe, and the health network issued the doctor a warning about his behavior. Meanwhile, the nurse's holiday schedule was changed based on the network practice of rotating schedules each year, and no direct line existed between her sexual harassment complaints and the decision to fire her. Also, evidence did not indicate the nurse suffered a qualifying disability.
Court: USDC New Jersey, Judge: Hillman , Filed On: October 31, 2023, Case #: 1:22cv7, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, Employment, Employment Retaliation
J. Hillman appoints substitute class counsel in claims contending the state system for resolving special education cases denies parents and disabled children timely resolution. The proposed transition from third-party advocate to class counsel risks unfairness to the agency, but stipulations, such as points of contact, may mitigate conflict concerns.
Court: USDC New Jersey, Judge: Hillman , Filed On: October 27, 2023, Case #: 1:19cv12807, NOS: Education - Civil Rights, Categories: Education
J. Hillman finds in favor of two police officers accused of using excessive force against the arrestee, who has since been convicted of 17 charges, including aggravated rape, kidnapping, armed robbery and carjacking. The individual resisted arrest, had a history of violent crime, and had threatened the officers with a bladed weapon.
Court: USDC Massachusetts, Judge: Hillman, Filed On: September 25, 2023, Case #: 4:19cv40129, NOS: Mandamus & Other - Habeas Corpus, Categories: Assault, Police Misconduct
J. Hillman transfers false adverting claims to Utah concerning promises that the SeroVital supplement would decrease body fat, heighten sex drive, improve mood, and otherwise make users feel significantly younger. While many non-party witnesses reside in New Jersey, most are located in Utah, where the company houses its "nerve center" and manufactures the supplement.
Court: USDC New Jersey, Judge: Hillman , Filed On: September 18, 2023, Case #: 1:19cv20155, NOS: Other Fraud - Torts - Personal Property, Categories: Venue, False Advertising
J. Hillman rules against an autistic student and parents in claims contending the school board failed to perform proper auditory processing evaluations and failed to provide an adequate education. Summary judgment is premature because adequate discovery has not yet occurred, and the administrative law judge found that the student had undergone numerous evaluations since being found eligible for special services.
Court: USDC New Jersey, Judge: Hillman , Filed On: August 24, 2023, Case #: 1:20cv9498, NOS: Education - Civil Rights, Categories: Education, Discovery
J. Hillman grants a motion for partial summary judgment brought by delivery drivers in a class action against a freight forwarder for misclassifying them as independent contractors and unlawfully deducting their wages. The level of control the forwarder had over the delivery drivers��� work is too high for it to have classified them as independent contractors rather than employees. The forwarder controlled everything, apart from the drivers being responsible for maintaining their own equipment and paying and training additional employees, which benefits the forwarder as much or more than the drivers.
Court: USDC Massachusetts, Judge: Hillman, Filed On: August 21, 2023, Case #: 4:18cv11905, NOS: Other Contract - Contract, Categories: Employment, Workers' Compensation, Labor
J. Hillman dismisses federal claims contending the county denied a prison guard's request to leave work early when he was not feeling well and failed to prevent him from contracting Covid-19. The estate failed to sufficiently allege that the county officials' refusal to allow the guard to leave constituted the primary cause of his eventual death, but the estate may amend the claims in light of well-documented problems at the county jail.
Court: USDC New Jersey, Judge: Hillman , Filed On: July 27, 2023, Case #: 1:22cv6372, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Wrongful Death, Covid-19
J. Hillman allows plaintiff to continue claims contending a bank disciplined and fired her after she complained that a coworker provided early product access to mortgage loan officers in violation of lending regulations. The complaint lacks some specificity, but whistleblower complaints do not require employees to know the exact inner workings of a company. Meanwhile, the employee, who was Black, was referred to as "aggressive" and a "lone wolf," which carries connotations of racial stereotypes.
Court: USDC New Jersey, Judge: Hillman , Filed On: July 19, 2023, Case #: 1:20cv18805, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Whistleblowers
J. Hillman finds for a bank accused of firing an employee who sought accommodations in the form of a partial work-at-home schedule because all alleged incidents of gender discrimination that occurred before the denial occurred in the bank's Philadelphia office, and, at the time of her request, the employee was only one or two out of more than 400 employees who had been working 100% remotely.
Court: USDC New Jersey, Judge: Hillman , Filed On: July 5, 2023, Case #: 1:21cv20245, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination