32 results for 'judge:"Levy"'.
J. Levy grants the dismissal of all claims brought against Westbrook, Maine, and several of its officials by a former employee they fired. The employee’s supervisor’s different treatment of the employee was not do to the employee being male, but the fact that the employee replaced the supervisor’s paramour, so it wasn’t discrimination on the basis of sex.
Court: USDC Maine, Judge: Levy, Filed On: April 24, 2024, Case #: 2:23cv123, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Levy denies a power company’s motion to exclude testimony from the designated experts a man with cancer brings to support his argument that charging him a monthly fee to opt out of using analog meters to measure electricity usage and to instead use smart meters, is a failure to reasonably accommodate his non-Hodgkins Lymphoma. While the experts are not able to give a specific measurement of at what level radiofrequency radiation becomes harmful, they can support that the greater the amount of radiofrequency radiation, the greater the risk of harm.
Court: USDC Maine, Judge: Levy, Filed On: March 28, 2024, Case #: 2:20cv237, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Health Care, Technology
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J. Levy finds, on first impression, that changes to statutory definitions of malice and the degrees of murder did not abolish the doctrine of transferred intent. Therefore, the trial court properly denied defendant's petition for resentencing on a first degree murder conviction for the death of an unintended victim. Affirmed.
Court: California Courts Of Appeal, Judge: Levy, Filed On: February 27, 2024, Case #: F086179, Categories: Murder, Sentencing
J. Levy allows in part a veterinary product provider’s motion to dismiss claims brought against it in a class action brought by pet owners. They say the product provider coerced veterinary clinics to pay artificially inflated prices for its products through business practices that pushed out its competition, including steep penalties for clinics that try to end contracts with it. The pet owners lack antitrust standing to challenge the prices of the provider’s products because they buy veterinary services from the clinics who buy the provider’s products, but they do not buy the products themselves.
Court: USDC Maine, Judge: Levy, Filed On: January 8, 2024, Case #: 2:22cv392, NOS: Antitrust - Other Suits, Categories: Antitrust, Business Practices, Class Action
J. Levy finds that the trial court properly denied defendant's petition for resentencing on a murder conviction. Resentencing is unavailable because he was convicted after changes to both the felony-murder rule and the natural and probable consequences doctrine became law. Affirmed.
Court: California Courts Of Appeal, Judge: Levy, Filed On: November 16, 2023, Case #: F085582, Categories: Murder, Sentencing
J. Levy denies a doctor’s motion for summary judgment against a few care facilities who terminated their contracts with him. The doctor is not entitled to summary judgment because “whether Northbridge Company maintains an ownership stake in the Recapitalized Facilities” and “whether Executive Directors at the Original Facilities could make termination decisions without home office oversight” are items of dispute for a jury to determine.
Court: USDC Maine, Judge: Levy, Filed On: September 30, 2023, Case #: 2:20cv350, NOS: Other Civil Rights - Civil Rights, Categories: Health Care, Whistleblowers, Contract
J. Levy denies a company’s motion for summary judgment against the woman suing it after one of its employees was in a head-on collision with, and killed, her husband and seriously injured her. It is not cut and dry that the employee was acting in a personal capacity, rather than in the scope of his employment, at the time of the collision.
Court: USDC Maine, Judge: Levy, Filed On: September 21, 2023, Case #: 1:21cv343, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Employment, Vehicle, Wrongful Death
J. Levy denies a water company's motion to exclude expert testimony in anticipation of a trial regarding the Flint water crisis because the expert has a Ph.D. in civil and environmental engineering and more than 40 years experience in water quality assessments, corrosion mitigation, and the behavior of materials exposed to drinking water, which supported conclusions that copper pipes contributed to the crisis.
Court: USDC Eastern District of Michigan, Judge: Levy, Filed On: September 11, 2023, Case #: 5:16cv10444, NOS: Other Civil Rights - Civil Rights, Categories: Water, Negligence, Experts
J. Levy partially grants most, but not all of the federal agencies’ and agents’ motions to dismiss claims brought against them by three foreign crewmembers for detaining them without their consent. Two false arrest and imprisonment claims, an intentional infliction of emotional distress claim and an abuse of process claim are not dismissed. The government agencies and agents intentionally confined the individuals, who were aware of the confinement and had not consented to it, without sufficient reasoning to do so, after the individuals had already begun to address themselves that an engineer was illegally disposing of bilgewater aboard their vessel.
Court: USDC Maine, Judge: Levy, Filed On: August 31, 2023, Case #: 2:19cv198, NOS: Other Civil Rights - Civil Rights, Categories: Maritime, Emotional Distress, Due Process
J. Levy grants a company’s motion for summary judgment against a company suing it for alleged patent infringement based on a massaging device. Even if the company being sued started its design by looking at or mimicking the complaining company’s design, its finished design is different enough that an ordinary person would not confuse the sued company’s design with the complaining company’s.
Court: USDC Maine, Judge: Levy, Filed On: August 28, 2023, Case #: 1:22cv91, NOS: Patent - Property Rights, Categories: Health Care, Patent, Trademark
J. Levyrules in favor of the township in the complaint, which alleges the officials wrongfully prevented the homeowners from operating a used car dealership on their property and determined the property was a blight. A history of neighbors' complaints about the junkyard provided a basis for the township's actions, and there is no evidence of animus or ill will toward the homeowners.
Court: USDC Eastern District of Michigan, Judge: Levy, Filed On: August 2, 2023, Case #: 5:18cv11556, NOS: All Other Real Property - Real Property, Categories: Property
J. Levy enters partial judgment against an insurer and declares it must defend its insured, a subcontractor, along with three additional insureds in an underlying negligence and wrongful death action stemming from a workplace accident that resulted in the death of one laborer and severe injuries to another. The court also orders the insurer to reimburse the additional subcontractors’ insurer for the defense costs already incurred in the underlying action. However, the court finds in favor of the insurer on a crane operator’s claims for coverage, finding it does not qualify as an additional insured.
Court: USDC Eastern District of New York, Judge: Levy, Filed On: July 18, 2023, Case #: 1:20cv2249, NOS: Insurance - Contract, Categories: Insurance, Negligence, Wrongful Death
J. Levy finds in favor of the employer in a retaliation and disability and race discrimination action brought by an employee alleging violations of the ADA, the Michigan Persons with Disabilities Civil Rights Act, the Elliott-Larsen Civil Rights Act and the Michigan Worker's Disability Compensation Act. The employee, a Black man, alleged that the employer required him to do menial work which aggravated an injury he suffered on the job. The employee failed to show that he suffered an adverse employment action or that he experienced an adverse change in compensation. The employee also failed to show that the employer had knowledge that an injury was certain to occur at the mill.
Court: USDC Eastern District of Michigan, Judge: Levy, Filed On: July 6, 2023, Case #: 5:21cv10923, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation