13 results for 'judge:"Hurson"'.
J. Hurson grants the U.S. Bureau of Labor Statistics and its employees’ motion to dismiss this employment dispute brought by a former economist alleging discrimination claims. She alleges that her probationary period should have been switched to permanent employment was the reason for discrimination and retaliation. The bureau argues the complaint should be dismissed for improper venue, her new claims are not exhausted and are untimely. It would be unjustified to transfer this late filed case to another district and it should not be drawn out in proceedings.
Court: USDC Maryland, Judge: Hurson, Filed On: April 22, 2024, Case #: 8:21cv3282, NOS: Employment - Civil Rights, Categories: Venue, Employment Discrimination, Employment Retaliation
J. Hurson grants, in part, two third-party subcontractors’ motion to dismiss this negligence and contract dispute brought by the water and sewer authority. The original construction company that hired the subcontractors failed to properly analyze the environmental conditions on land that the water and sewer authority bought, causing them to perform environmental remediation along with other buried debris and waste. The water and sewer authority fails to allege claim of breach of contract against the subcontractors and the language in both subcontracts does not grant them beneficiary status. The contract claim is dismissed, and the negligence claim is withdrawn as to the subcontractors. The water and sewer authority’s request for leave is denied as currently presented.
Court: USDC Maryland, Judge: Hurson, Filed On: April 9, 2024, Case #: 8:23cv1328, NOS: All Other Real Property - Real Property, Categories: Construction, Environment, Property
J. Hurson grants, in part, a purchaser’s motion to dismiss this fraud dispute brought by a horse owner for conversion, fraud, theft and conspiracy claims. The horse owner had given the independent contractor approval to sell this thoroughbred horse at auction, but it was sold in a private sale to the purchaser’s agent without permission. He has demanded the horse to be returned and not accepted the money paid to the contractor. Therefore, the conversion claim survives because there is a plausible claim by the purchaser alleging physical dominion or control. All other claims are dismissed, and the owner has 14 days to leave to amend the complaint.
Court: USDC Maryland, Judge: Hurson, Filed On: March 14, 2024, Case #: 1:23cv1009, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Conversion
J. Hurson denies a California resident’s motion for a temporary restraining order and preliminary injunction to prevent the cannabis administrator and its director from issuing any cannabis licenses under the social equity lottery. The court finds that the dormant commerce clause does not apply to the recreational cannabis industry and the resident fails to demonstrate enough to succeed on the merits.
Court: USDC Maryland, Judge: Hurson, Filed On: February 27, 2024, Case #: 1:24cv273, NOS: Civil Rights - Habeas Corpus, Categories: Government, Injunction
J. Hurson denies a financial company’s motion for a preliminary injunction and motion for a hearing on the preliminary injunction in this Securities Exchange Act case stemming from a husband-and-wife corporation. The financial company seeks a preliminary injunction from making false or misleading statements and to enjoin the husband-and-wife corporation from violating security laws. The husband is also a board member of the financial company, he set out for a takeover of the company to benefit him and his wife’s corporation by solicitating proxies for elections of directors. A motion for reconsideration of the injunction may be appropriate after the outcome of the circuit court hearing.
Court: USDC Maryland, Judge: Hurson, Filed On: January 26, 2024, Case #: 1:23cv2720, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Elections, Securities, Injunction
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J. Hurson adopts in part a magistrate judge’s report and recommendation to grant sanctions in favor of the J. Noble Group, but orders a default judgment in this conversion dispute alleging the construction company and its corporate representative converted funds. The company and corporate representative must reimburse cost in the amount of $250 and attorney fees in the amount of $17,808 to J. Noble Group. The attorney for the construction company motioned to withdraw as counsel and it is granted.
Court: USDC Maryland, Judge: Hurson, Filed On: January 10, 2024, Case #: 1:22cv1618, NOS: Other Contract - Contract, Categories: Sanctions, Conversion, Attorney Fees
J. Hurson denies the Maryland Motor Vehicle Administration motion for summary judgement in this employment dispute brought by a former employee who is a Black female. The former employee claims race discrimination, sex harassment, hostile work environment and retaliation by supervisors, coworkers and third parties. The former employee established prima facie and created a genuine dispute for all claims. The agency fails to establish prima facie and create a genuine dispute for all claims. The parties’ counter motions to strike are denied.
Court: USDC Maryland, Judge: Hurson, Filed On: January 4, 2024, Case #: 8:20cv3220, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Hurson dismisses, without prejudice, a student’s financial aid claim in favor of the university. The student alleges he was discriminated against for being a low-income student from West Africa, but fails to support these facts.
Court: USDC Maryland, Judge: Hurson, Filed On: December 20, 2023, Case #: 1:22cv3096, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Hurson partially grants summary judgment in favor of a bank in this lawsuit claiming a former banker was discriminated and retaliated against in violation of the Americans with Disabilities Act. The banker states that she was wrongfully terminated after the bank supervisors made negative remarks about her disability to both her and her husband and berated her when she requested to use her FMLA leave. She fails to establish prima facie or to point out a genuine dispute on the discrimination, retaliation and failure to accommodate claims. She was consistent in her recollection of events and did provide a genuine dispute on the hostile work environment claim.
Court: USDC Maryland, Judge: Hurson, Filed On: December 7, 2023, Case #: 8:22cv1759, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Hurson grants the United States its motion to dismiss tort allegations after an NSA employee failed to identify herself at a checkpoint, causing a different employee driving behind her to crash. An NSA police officer activated a barricade after the female employee failed to identify herself, causing the rear of the other employee’s car to hit a jersey barrier. He and his wife were injured but recovered related expenses through workers’ compensation, preventing them from suing the government or the female employee, who is considered to have had immunity.
Court: USDC Maryland, Judge: Hurson, Filed On: August 22, 2023, Case #: 8:20cv2318, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Government, Tort, Vehicle