12 results for 'judge:"Ludwig"'.
J. Ludwig partially grants motions to dismiss from former employees and business partners of the car dealer claiming they violated multiple state and federal laws during a soured business deal related to the dealer's entry into the market for car financing and insurance products and services. Many of the dealer's "conclusory assertions" and "over-the-top rhetoric" do not fit the facts presented, so its RICO Act claims, Lanham Act claims and unjust enrichment claims against the former employees and one of the businesses it partnered with are dismissed. Surviving, in part, are trade secrets claims against three former employees and the business partner, and identity theft, civil conspiracy and aiding and abetting claims against the former employees.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: May 10, 2024, Case #: 2:23cv1204, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fiduciary Duty, Conversion, Contract
J. Ludwig grants the pharmaceutical company's motion to dismiss the Irish company's lawsuit claiming the pharmaceutical company infringed two of its patents related to the administration of ephedrine sulfate to patients under anesthesia using glass vials and syringes. The pharmaceutical company is based in Illinois and does not have sufficient contacts with or business in Wisconsin for there to be general, specific or personal jurisdiction, so the pharmaceutical company's motion to dismiss the Irish company's first amended complaint is granted.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: March 25, 2024, Case #: 2:23cv299, NOS: Patent - Property Rights, Categories: Patent, Jurisdiction
J. Ludwig dismisses the amended complaint in the consumer's class action alleging Schwans sold frozen pies it falsely advertised as containing real butter. In part because the consumer has failed to allege particular, reasonably misleading actions by Schwans as pertains to the butter content advertised on the pies' packaging, her common-law fraud, breach of warranty and deceptive trade practices claims fail.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: March 14, 2024, Case #: 2:23cv147, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Warranty
J. Ludwig grants the technology services company's motion to dismiss three counts in the former employee's lawsuit in part claiming unpaid commissions and bonuses since her termination by the company in 2021. The employee's civil theft claim is improperly pleaded under a statute that does not apply to the alleged retention of her commissions and bonuses, and her tortious interference with contract and unjust enrichment claims cannot survive because they involve a "required" party that "cannot be feasibly joined" to the lawsuit.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: March 12, 2024, Case #: 2:22cv1400, NOS: Other Contract - Contract, Categories: Employment, Interference With Contract
J. Ludwig defines claim constructions for the fishing gear company's lawsuit against the storage systems company alleging the latter falsely claimed in bad faith that the fishing gear company violated its patent outlining design details of a tackle box for storing fishing equipment. The parties' competing definitions of relevant claim constructions are noted, and most terms require no specific construction. Exceptions include "transparent," which is defined as "allowing the transmission of light in order to provide interior views of the contents," and "nested," which is defined as "one panel partially positioned within another." Deadlines for discovery and dispositive motions are laid out through June 26, 2024.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: March 6, 2024, Case #: 2:22cv503, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Patent
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J. Ludwig enters an order constructing the claims in the technology and intellectual property company's lawsuit alleging a mobile app IKEA uses to help customers locate products in its stores violates the company's patents. The court lays out the construction of disputed terms such as "user interface," "a method of providing product location information within a store," and "a system for providing product-related information within a store" and constructs the plain and ordinary meanings of undisputed terms such as "mobile device." The parties are ordered to meet and confer on dates regarding discovery and dispositive motions.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: February 21, 2024, Case #: 2:21cv789, NOS: Patent - Property Rights, Categories: Patent
J. Ludwig grants summary judgment to the financial correspondent, the investment firm and the firm's founder the investors claim were involved with their transactions with a wealth management group that turned out to be a Ponzi scheme, which caused the investors to lose hundreds of thousands of dollars. The investors have failed to bring specific evidence of specific wrongdoing by the the correspondent, firm and founder, instead mostly reiterating the wrongdoing of the group and its chief, who is now in prison. The investors' claims of intentional misrepresentation, negligent misrepresentation, and claims of violations of Wisconsin statutes involving the sale of unregistered securities, fraud and unlicensed brokers fail, and the correspondent, firm and founder are dismissed. The investors have 14 days to make a case for why the firm's employee should not also be granted summary judgment.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: February 7, 2024, Case #: 2:18cv2005, NOS: Other Contract - Contract, Categories: Fraud, Securities, Contract
J. Ludwig finds in favor of Verizon in its dispute with the city over permits Verizon seeks to build telecommunications equipment to improve its service in the public plaza outside of the Fiserv Forum, home of the NBA's Milwaukee Bucks. Evidence in the record supports the notion that the city's "pretextual" reasons for denying Verizon the disputed permits, including because the city was trying to arrange a deal with a private partner associated with the public plaza that wants its own alternative telecommunications system, violated the federal Telecommunications Act and state law. The city is ordered to issue to Verizon the six permits in question within seven days of this order, in part because Verizon risks irreparable reputational harm if it cannot get its system up and running by the time of the Republican National Convention in the city in July of this year.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: January 29, 2024, Case #: 2:23cv1581, NOS: Other Statutory Actions - Other Suits, Categories: Communications, Government, Injunction
J. Ludwig finds in favor of the bank in its dispute with a towing company over the repossession of two of the company's trucks after it defaulted on its loan payments. In part because the facts are undisputed that the company breached its contracts with the bank and the company has failed to show the bank failed to mitigate damages by offering the company a third chance to modify its loans, the bank's motion for summary judgment is granted.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: December 29, 2023, Case #: 2:21cv1163, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Ludwig finds for the insurance company in a coverage dispute between itself, a third-party insurance company and a manufacturer that sustained severe damages to its Nashville warehouse and losses of inventory due to historic flooding in 2021. The insurance company's motion for summary judgment is granted, as the pollution exclusion clause under the excess liability policy it issued to the manufacturer clearly precludes coverage of the costs of cleaning up "pollutant" debris from the flood, leaving it no duty to indemnify. The third-party insurance company and manufacturer's motions for summary judgment are partially granted, in part because the third-party company's policy with the manufacturer covers debris clean-up costs of up to $10 million regardless of distance from the warehouse.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: December 1, 2023, Case #: 2:21cv1018, NOS: Insurance - Contract, Categories: Insurance, Damages, Contract
J. Ludwig partially grants the school's motion to dismiss the parents' lawsuit over the expulsion of their second-grader from the school after its officials refused to attempt to accommodate their son concerning what was eventually diagnosed as ADHD. The parents have standing to bring their sufficiently pleaded discrimination claims under Title III of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, so those will proceed. However, their intentional infliction of emotional distress claim must be dismissed because they have failed to state elements of their claim proving that the school intended to cause their son emotional distress and that its officials' conduct was "extreme and outrageous."
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: October 23, 2023, Case #: 2:22cv1244, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Education
J. Ludwig finds in favor of the insurance company in a lawsuit from an employee health plan beneficiary claiming he was wrongfully denied long-term disability benefits after he stopped working in 2019 after 20 years on the job due to his worsening Multiple Sclerosis. The company made its decision based on the analysis of at least three doctors who found the beneficiary's disability precluded him from continuing to work with his longtime employer but not in a similar position for a different employer, which precludes him from being considered "disabled" under the plan.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: June 1, 2023, Case #: 2:21cv391, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance