12 results for 'judge:"Neals "'.
J. Neals dismisses claims contending United Parcel Service fired a truck driver after he complained about repeated harassment and had denied transfer requests and other grievances. Many claims are preempted by UPS's supplemental agreement with the union, and other claims are time-barred; meanwhile, the complaint failed to plausibly allege hostile work environment, and the truck driver failed to respond to the assertion that the alleged harassment had not been severe or pervasive.
Court: USDC New Jersey, Judge: Neals , Filed On: March 5, 2024, Case #: 2:21cv11028, NOS: Employment - Civil Rights, Categories: Preemption, Employment Discrimination, Employment Retaliation
J. Neals dismisses claims contending a Black police officer was singled out and forced to remove his gaiter mask and, when he refused, forced to surrender his weapon. Claims of racial discrimination are conclusory since nothing proves supervisors participated in a retaliatory scheme against the officer, and the complaint does not allege other officers did not suffer similar adverse actions.
Court: USDC New Jersey, Judge: Neals , Filed On: December 21, 2023, Case #: 2:22cv2226, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Neals allows plaintiffs to continue class claims contending a distributor failed to send a restaurant the proper amount of frozen calamari because negligence claims were related to damages and thus barred under the economic loss doctrine, and many consumer fraud claims were time-barred since the restaurant had been aware of potential differences in the products' net weights in July 2014. However, misrepresentation claims were not preempted by federal packaging and labeling laws.
Court: USDC New Jersey, Judge: Neals , Filed On: December 14, 2023, Case #: 2:21cv3712, NOS: Other Contract - Contract, Categories: Fraud, Preemption, Consumer Law
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J. Neals dismisses nearly all claims contending a coworker falsely submitted a corrections officer's name for membership to the Ku Klux Klan, that the coworker threatened other officers, and that he secretly recorded officers' phone calls. Evidence did not indicate the coworker was acting within his job duties while recording the officers, and none of the coworker's actions caused the officers loss of prospective gain. Meanwhile, one officer had been fired for excessive absenteeism, and evidence did not indicate discipline had been retaliatory.
Court: USDC New Jersey, Judge: Neals , Filed On: October 13, 2023, Case #: 2:17cv2875, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Negligence, Emotional Distress
J. Neals allows plaintiff to continue claims contending he had been arrested for a shooting based on false statements and that a police detective suppressed exculpatory evidence because the jury could conclude the officer acted maliciously after admitting he had not seen the player in possession of a gun during the incident.
Court: USDC New Jersey, Judge: Neals, Filed On: September 26, 2023, Case #: 2:18cv8972, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Neals dismisses commerce clause claims contending that state regulations regarding sales of alcoholic beverages discriminate against out-of-state wine retailers. Under the 21st Amendment, New Jersey has the right to create a tiered system for alcohol distribution and sales, and out-of-state wine retailers seek to be treated differently than in-state retailers by being allowed to shirk licensing rules.
Court: USDC New Jersey, Judge: Neals, Filed On: August 22, 2023, Case #: 2:19cv14716, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Constitution, Licensing
J. Neals allows plaintiff to continue claims contending a hospital failed to pay for electronic medical record software because the complaint alleges the company is a subsidiary of a corporation in Delaware and Illinois, which establishes diversity of citizenship. Meanwhile, the company was not a party to the settlement in a previous related action.
Court: USDC New Jersey, Judge: Neals, Filed On: June 27, 2023, Case #: 2:21cv3673, NOS: Other Contract - Contract, Categories: Civil Procedure, Jurisdiction, Contract
J. Neals rules against Catholic schools accused of giving a Jewish teacher a poor review and failing to take meaningful action after he complained that students had been throwing coins at him and about a swastika that had been carved into his classroom chalkboard and anti-Semitic comments that had been written on desks and furniture. A reasonable jury could find find that severe and persistent discrimination occurred based on the graffiti and coin throwing, as well as one student's plan to get a cake for Hitler's birthday, and the swastika remained in the classroom despite the teacher's numerous attempts to address it. Meanwhile, at least two teachers and three administrators visited the classroom throughout the year without noticing the graffiti or conduct, despite reports from other students about the anti-Semitism.
Court: USDC New Jersey, Judge: Neals, Filed On: May 23, 2023, Case #: 2:18cv16498, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination