44 results for 'judge:"Jennings"'.
J. Jennings grants the employer's motion for summary judgment on a former worker's claims of constructive discharge, disability discrimination, hostile work environment, retaliation, and wage and hour law violations. The employee was told she could not use overtime hours to complete work notes. She did not inform the employer she was working overtime rather than using flex time, and there was no way for the employer to know otherwise. The employee did not respond to the employer's motion for summary judgment within the allotted time, even after an extension was granted.
Court: USDC Western District of Kentucky, Judge: Jennings , Filed On: March 22, 2024, Case #: 3:21cv733, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Due Process, Employment Discrimination
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J. Jennings denies the government's motion to dismiss a protestor's claims he was peacefully sharing his message on a public sidewalk outside Churchill Downs when he was arrested by a state trooper for criminal trespass, a charge that was later dropped. Defendant claims he was traumatized by his transport and incarceration due to combat PTSD. Facts demonstrate a clear injury-in-fact, traceable directly to the government's permitting scheme, although the trooper is entitled to qualified immunity.
Court: USDC Western District of Kentucky, Judge: Jennings , Filed On: March 21, 2024, Case #: 3:23cv235, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Immunity
J. Jennings grants Allstate's motion to dismiss most claims in this contract and conversion suit. The purchaser of an Allstate-owned, California salvage title vehicle discovered the vehicle was stolen when he was arrested in Kentucky for receiving stolen property. Though the insurance company is now in possession of the vehicle, the purchaser has not been refunded his purchase price. Allstate's causation argument on a factual dispute regarding the arrest and vehicle seizure, as affecting the purchaser's conversion claim, is not dismissed, being better suited to a motion for summary judgment. The purchaser has failed to allege Allstate's behavior was extreme or outrageous, and the tort claim is dismissed. Punitive damages are also not assertable as independent counts.
Court: USDC Western District of Kentucky, Judge: Jennings, Filed On: March 20, 2024, Case #: 3:23cv108, NOS: Other Contract - Contract, Categories: Tort, Conversion, Contract
J. Jennings grants, in part, the spirits distillery partners' motion to dismiss this breach of contract and fraud suit. The partner who filed suit says his purchasing advice was being ignored before he was cut out of critical business decisions altogether, while other partners hid certain product from him, shipping it out of state. The breach of contract allegation is barred by the statute of frauds. However, a claim of unjust enrichment has been plausibly stated, and the statute of frauds does not preclude equitable relief on this claim.
Court: USDC Western District of Kentucky, Judge: Jennings , Filed On: March 18, 2024, Case #: 3:23cv602, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Jennings grants partial discovery to plaintiff trust owners in fiduciary duty claims by requiring defendant, the other trust owner, to produce documents related to a pair of prior business transactions. However, sanctions are not warranted because defendant did not act in bad faith when he originally declined to produce the evidence.
Court: USDC Western District of Kentucky, Judge: Jennings, Filed On: March 13, 2024, Case #: 3:21cv289, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Sanctions, Trusts, Discovery
J. Jennings rules in part for defendants in excessive force and civil rights claims brought after police officers shot and killed a pit bull on plaintiff's property because evidence remains in dispute as to whether the officer thought the dog constituted a danger. However, claims should not be continued against other officers who merely took actions to execute the search warrant, and not the dog.
Court: USDC Western District of Kentucky, Judge: Jennings, Filed On: November 3, 2023, Case #: 3:18cv265, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Jennings rules against officers in certain false arrest and imprisonment claims contending plaintiff had been assaulted for driving with excessively tinted windows because a genuine dispute of fact exists as to whether one of the officers had struck plaintiff while he was on the ground, and surveillance video demonstrates plaintiff posed little threat after being initially subdued.
Court: USDC Western District of Kentucky, Judge: Jennings , Filed On: October 13, 2023, Case #: 3:19cv631, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights