23 results for 'judge:"Kinkeade"'.
J. Kinkeade finds that the employer of a driver who struck and killed a man with her car in the course of her employment while the man was changing a tire on the side of the road is not liable for negligent training and hiring claims but claims against the driver for negligence regarding her being consciously distracted can proceed. There is not sufficient evidence indicating negligence by the company in hiring or training the driver but there is a record that that the driver sent text messages close to the time of the accident. Claims for pain and suffering related to the deceased are denied because evidence shows that he was killed instantly.
Court: USDC Northern District of Texas , Judge: Kinkeade, Filed On: April 19, 2024, Case #: 3:22cv2714, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Wrongful Death
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J. Kinkeade denies, in part, a Mexican company's motion to dismiss claims arising from its alleged failure to pay for leased oil and gas drilling equipment, and its later encumberance of that equipment. It fails to show the claims predicated on its failure to make payments or return the equipment were untimely filed.
Court: USDC Northern District of Texas , Judge: Kinkeade, Filed On: January 10, 2024, Case #: 3:23cv678, NOS: Other Contract - Contract, Categories: Energy, Contract
J. Kinkeade dismisses an oncology account specialist's Family and Medical Leave Act and wrongful discharge claims against her employer. She fails to show she suffered discrimination or retaliation, and, even if her boss did yell at her, a reasonable employee would not have felt compelled to resign, as she did, due to that event.
Court: USDC Northern District of Texas , Judge: Kinkeade, Filed On: December 6, 2023, Case #: 3:23cv80, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Kinkeade grants, in part, the government's motion to designate third parties in a case involving a driver's collision with an FBI agent. The government may amend to designate a state agency, as it has shown good cause for its belated amendment.
Court: USDC Northern District of Texas , Judge: Kinkeade, Filed On: November 17, 2023, Case #: 3:23cv74, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Procedure, Tort
J. Kinkeade dismisses a former medical student's claims against a university and others arising from her expulsion, which occurred after she carved an "H" and part of an "A" into the fat of a cadaver - an act she blames on her untreated ADHD. She fails to raise a claim under the Americans with Disabilities Act, as the ADHD was not the sole cause of the expulsion, but rather her violation of student conduct rules.
Court: USDC Northern District of Texas , Judge: Kinkeade, Filed On: September 29, 2023, Case #: 3:22cv2583, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Education
J. Kinkeade grants, in part, an individual's motion for sanctions related to the deletion of a security video in a retail store where she says she slipped and fell. She has presented sufficient evidence the store spoliated the video and the jury may consider whether it deleted the video in bad faith.
Court: USDC Northern District of Texas , Judge: Kinkeade, Filed On: September 11, 2023, Case #: 3:21cv3180, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Sanctions, Tort, Premises Liability
J. Kinkeade denies, in part, an individual's motion to dismiss a consulting firm's trade secrets case, in which it claims the individual downloaded its proprietary information upon leaving the company to work for a competitor. The firm has sufficiently alleged its contract claim against him.
Court: USDC Northern District of Texas , Judge: Kinkeade, Filed On: August 23, 2023, Case #: 3:22cv2489, NOS: Other Contract - Contract, Categories: Employment, Trade Secrets, Contract