16 results for 'judge:"Palk"'.
J. Palk partially denies the defendant manufacturer's motion for summary judgment, specifically as to the express warranty claim, in this lawsuit concerning the manufacture and sale of a certain drilling rig. The record shows that the oil and gas company used a purchasing agent to acquire the rig, meaning it is "entitled to enforce the terms of the Contract." The court notes that it will address "the remaining issues" in a separate order.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: November 21, 2023, Case #: 5:18cv790, NOS: Other Contract - Contract, Categories: Energy, Warranty, Contract
J. Palk denies the defendant insurance company's motion for partial summary judgment in this lawsuit concerning coverage under a commercial property insurance policy following a hailstorm. The company seeks summary judgment as to the nonprofit agency's bad faith claim. However, there are issues of fact regarding the insurance company's "investigation and conclusion as to the interior water leaks."
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: September 27, 2023, Case #: 5:20cv1183, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Palk declines the defendant claims administrator's request to strike certain affidavits in this lawsuit brought under the Employee Retirement Income Security Act concerning the denial of benefits under a group health plan. The court notes that it can consider "matters outside the administrative record" under the circumstances. The company's request to file a surreply is granted, as "additional briefing is warranted."
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: September 15, 2023, Case #: 5:20cv1012, NOS: Insurance - Contract, Categories: Civil Procedure, Erisa
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J. Palk denies the defendant construction company's motion for summary judgment in this negligence lawsuit stemming from a workplace accident involving a golf cart, in which the driver crashed while attempting to avoid a pile of gravel. The construction company contends that it "neither owed a duty to plaintiff nor caused her injuries." However, it cannot use the "open and obvious doctrine" to shield itself, as it was not the owner of the land.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: September 12, 2023, Case #: 5:22cv269, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Negligence
J. Palk denies the companies' motion to substitute, which seeks to substitute a new company as plaintiff for the breach of contract claim against the defendant insurance company. The movants fail to show that there was an "honest mistake," which would support substitution. Also, substitution at this point would be prejudicial to the insurer.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: August 15, 2023, Case #: 5:22cv207, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Palk partially grants a motion for sanctions stemming from a discovery dispute involving certain Rule 8 recordings. The court indicates that it will impose sanctions based on "repeated erroneous discovery responses," but it also notes that it is unclear "who is responsible for the discrepancy" and that the factual record should be further developed. Also, the sanctions are warranted based on a failure to comply with a court order requiring the production of the recordings.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: August 1, 2023, Case #: 5:21cv97, NOS: Other Civil Rights - Civil Rights, Categories: Sanctions, Discovery
J. Palk partially grants the employer's dismissal motion and dismisses all of the former employee's claims, except for her "retaliation claim based on defendant's termination of her employment." The former employee, who appears pro se, contends that she was subjected to racial discrimination and retaliation during her employment. However, she fails to establish her hostile work environment claim or her discrimination claim based on an allegedly wrongful write-up.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: July 26, 2023, Case #: 5:23cv326, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Palk denies the department's dismissal motion in this suit brought by a former budget analyst alleging racial discrimination and disability discrimination. The former employee, who worked in the Oklahoma Veterans Affairs Health Care System, sufficiently states a claim for racial discrimination based on "the removal of plaintiff from her job," along with certain alleged statements by her supervisor and an alleged failure to consider her for a position in public affairs.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: July 18, 2023, Case #: 5:22cv359, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment, Employment Discrimination
J. Palk grants in part the school defendants' partial dismissal motion in this lawsuit arising from a student's alleged death by suicide. The administrators of the estate agree to the dismissal of the school board as a defendant, since those claims are "duplicative of those asserted against the District." Also, the defendant English teacher is entitled to qualified immunity on the due process claims against her. Her alleged failure to report a paper that the student wrote, which allegedly included "significant signs of mental health issues," cannot support a state-created danger claim.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: June 30, 2023, Case #: 5:21cv607, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Palk grants the insurance company's motion to quash, as well as the nonparty law firm's motion to quash, in this breach of contract lawsuit involving an underinsured motorist policy. The individual plaintiff has failed to articulate how certain categories of information are relevant to his claims. Also, the requested PowerPoint slides are protected by attorney-client privilege. Accordingly, the subpoenas at issue are quashed.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: June 30, 2023, Case #: 5:22cv349, NOS: Insurance - Contract, Categories: Insurance, Discovery, Privilege
J. Palk partially grants the estate representative's motion in limine in this lawsuit arising from the death of a pretrial detainee, who had been involved in a car accident. The motion is granted as to the suggestion that the decedent "was familiar with the process of obtaining medical care at the jail," as the statement lacks appropriate evidentiary support.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: June 29, 2023, Case #: 5:21cv418, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Health Care
J. Palk denies the sheriff's motion for summary judgment in this lawsuit concerning the death of a pretrial detainee, who was allegedly involved in a car accident and then later went into cardiac arrest at the Oklahoma County Jail. The estate's sole remaining claim alleges deliberate indifference to the detainee's medical needs, and the record indicates that his need for medical care was obvious, despite medical staff saying he was "faking it." Accordingly, there is a fact issue as to the reasonableness of relying on "the opinion of medical personnel." Also, he was not provided with follow-up care, as instructed by the hospital.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: June 15, 2023, Case #: 5:21cv418, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Health Care
J. Palk grants the medical device manufacturers' dismissal motion in this product liability lawsuit involving two medical devices that are used to treat diabetes. As to the insulin pump, the patient's strict product liability, negligence, express warranty and implied warranty claims are dismissed on preemption grounds.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: June 9, 2023, Case #: 5:21cv712, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Health Care, Negligence, Product Liability
J. Palk grants the motion to remand this negligence lawsuit alleging that a property owner suffered property damage as a result of water runoff from the neighboring properties. Fraudulent joinder is not a basis for the court "to exercise diversity jurisdiction." Also, the plaintiff property owner has a "reasonable procedural basis" for joining the various defendants, including the defendant insurance company, in a single action.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: June 2, 2023, Case #: 5:23cv263, NOS: Insurance - Contract, Categories: Insurance, Negligence