16 results for 'judge:"Messitte"'.
J. Messitte denies an insurance broker’s post-verdict motion for judgment as a matter of law, a motion for remittitur, and a motion for a new trail in this contract lawsuit brought by an electrical contractor. The court upholds the jury’s verdict and enters the final judgment of $2 million, plus court cost in favor of the contractor.
Court: USDC Maryland, Judge: Messitte, Filed On: May 9, 2024, Case #: 8:21cv1017, NOS: Other Contract - Contract, Categories: Settlements, Contract
J. Messitte partially denies the marketing company and its owner and director, as well as the financial firm and its owner’s estate suing them, their motions in limine to exclude expert witness testimony in this fraud, conspiracy and defamation suit. The marketing firm’s proposed damages expert should be precluded from testifying regarding mitigation costs, which include legal fees, online reputation cost and childcare cost, but he may testify about lost profits to aid the jury in understanding the financial harm of defamation. The financial firm’s rebuttal expert will be permitted to testify on lost profits and a reduction in seminars held, and the owner’s text messages can be presented because the marketing company failed to identify any evidence to be excluded. The court grants the marketing company director’s motion in limine to forbid any use of or reference to his prior criminal history, as his convictions were 10 years ago and do not concern false statements.
Court: USDC Maryland, Judge: Messitte, Filed On: April 16, 2024, Case #: 8:19cv1312, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Evidence, Fraud, Experts
J. Messitte denies an employer’s motion to strike and grants its motion to dismiss in this amended complaint for FMLA interference brought by a former employee. The employee says the company declined to let her return to work a month after she suffered multiple injuries; she was fired 10 months later. The complaint fails to show the employer made any misrepresentation about her FMLA rights, however.
Court: USDC Maryland, Judge: Messitte, Filed On: February 7, 2024, Case #: 8:23cv1482, NOS: Family and Medical Leave Act - Labor, Categories: Civil Rights, Employment, Tort
J. Messitte partially dismisses an insurer’s motion to dismiss in this insurance dispute stemming from two highly valuable Porsches being stolen from the insured’s home. The insured seeks breach of contract and declaratory judgment because the insurer denied the claims, stating that the cars had never been registered. The breach of contract claim is denied since the insured could state a claim and the declaratory judgment items will be resolved through the breach of contract.
Court: USDC Maryland, Judge: Messitte, Filed On: December 28, 2023, Case #: 8:23cv310, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Contract
J. Messitte defers the Netherlands-based water utility company’s motion to compel the production of discovery documents withheld pending the appointment of a special master. Therefore, the board’s motion to modify order granting ex parte application and to modify subpoenas will be denied. The parties must put in writing their proposed special master appointment and any other issues associated with this case.
Court: USDC Maryland, Judge: Messitte, Filed On: December 19, 2023, Case #: 8:22mc508, NOS: Other Statutory Actions - Other Suits, Categories: Water, Discovery
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J. Messitte denies a girlfriend’s motion to dismiss and grants her boyfriend’s motion to deem in this contract counterclaims dispute from the parties entering a financial agreement to invest money into a larger entity. The boyfriend does state a plausible claim on all counts against the girlfriend but will still need to prove them at the later proceedings. It is also ordered that the exhibits remain under seal. The clerk shall send the memorandum opinion and order to the girlfriend to file her answer.
Court: USDC Maryland, Judge: Messitte, Filed On: December 18, 2023, Case #: 8:23cv2466, NOS: Other Contract - Contract, Categories: Contract
J. Messitte denies an employer’s motion to stay case and remand to arbitration to permit expert evidence and grants summary judgement in favor of the union in this wrongful termination of an employee labor dispute. The employee was allegedly terminated after he failed a drug screening violating the parties’ agreement leading to arbitration. The arbitrator directed the employee be reinstated with back pay. The court orders $76,056.00 in damages and attorney fees owed to the union.
Court: USDC Maryland, Judge: Messitte, Filed On: November 22, 2023, Case #: 8:23cv780, NOS: Employment - Civil Rights, Categories: Arbitration, Employment, Settlements
J. Messitte denied eight motions between a corporate landlord and former insurance firm tenant that were filed shortly before the deadline for the close of discovery. The landlord’s motion to quash deposition of a non-party defendant who held decisionmaking authority in the lease as well as estoppel agreements during the negotiation and execution process is granted.
Court: USDC Maryland, Judge: Messitte, Filed On: November 2, 2023, Case #: 8:20cv1502, NOS: All Other Real Property - Real Property, Categories: Property, Discovery
J. Messitte denies a workforce management software developer's motion to dismiss allegations of fraud brought by a nonprofit that houses and cares for people with intellectual and developmental disabilities. In this second amended complaint, the nonprofit cites over two years of the developer courting and pressuring it to purchase its services, which promised to streamline its administrative processes. The nonprofit finally made the purchase for over $100,000 but almost immediately experienced multiple IT issues that took months to resolve. The nonprofit sufficiently argues that the developer fraudulently represented itself and preyed upon it as it knew the nonprofit was not very knowledgeable in the technology field.
Court: USDC Maryland, Judge: Messitte, Filed On: September 26, 2023, Case #: 1:22cv2728, NOS: Other Contract - Contract, Categories: Fraud, Contract, Technology
J. Messitte grants a gas station its motion to dismiss FMLA violations allegations brought by a former assistant manager when she claimed the station did not accommodate her after she was injured in a car accident. Along with the failure to accommodate, the manager claims that the station failed to reinstate her when she was physically unable to perform certain job duties, then fired her. However, FMLA does not protect her from the station’s actions. She is given leave to file a second amended complaint.
Court: USDC Maryland, Judge: Messitte, Filed On: September 6, 2023, Case #: 8:23cv1482, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Messitte grants a special arm of an American investment management firm its motion to freeze the assets of a Congolese family trust while discovery is conducted concerning the true ownership of the assets. The trust alleges that four pieces of real estate in Maryland belong to the Democratic Republic of the Congo and its national electric utility, not to the trust. The trust and its members have family and professional relationships with the Congo and its former president, and all were allegedly involved in an embezzlement scheme. The arm has plausibly claimed that the trust committed fraud, so the assets are frozen and discovery will proceed.
Court: USDC Maryland, Judge: Messitte, Filed On: September 5, 2023, Case #: 8:22cv2369, NOS: Other Statutory Actions - Other Suits, Categories: Government, Property
[Consolidated.] J. Messitte denies a debtor and his wife in forma pauperis regarding filing fees for appeals moved from bankruptcy court. In order to file for chapter 13 bankruptcy, a debtor must prove they have the income to repay their debt over time, so typically, and presently, in forma pauperis is not approved for bankruptcy cases.
Court: USDC Maryland, Judge: Messitte, Filed On: August 23, 2023, Case #: 8:23cv1697, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy