14 results for 'judge:"Richard Nelson"'.
J. Richard Nelson grants the police officers' motion for summary judgment in the prisoner's suit against them alleging that they violated his civil rights during his arrest for domestic assault and criminal property damage. The prisoner has yet to identify the specific officer who allegedly seized him from his room without consent, and such specificity is required to support his claims at this stage.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: February 7, 2024, Case #: 0:22cv187, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Police Misconduct
J. Richard Nelson grants the cyberattack target's motion to stay proceedings pending a decision by a Judicial Panel on Multidistrict Litigation regarding whether to centralize this and several related actions arising from the release of personal information in a ransomware attack and transfer them to this District. The likely short duration of a stay minimizes any potential for prejudice against the alleged data breach victims, granting the stay would avoid the potential hardship of having to relitigate issues voided by centralization, and the stay would have minimal effect on judicial resources on its own but, in light of the numerous other ongoing proceedings, would reduce the risk of duplicative or inconsistent rulings on pending motions to dismiss.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: January 18, 2024, Case #: 0:23cv533, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy, Class Action
J. Richard Nelson denies the trademark claimants' motions for a permanent injunction and for attorney fees and the trademark defendant's motion for a judgment as a matter of law or for a new trial or remittur. A reasonable jury could find that the trademark defendant directly copied its competitor's parabolic heater's manual for its own product's manual, so its verdict stands. The jury's award of maximum statutory damages was also reasonable. The defendant has not distributed the manual at issue for years, so the trademark plaintiff's claimed harms are too speculative to warrant an injunction. The trademark defendant's arguments were also not so unreasonable or meritless as to justify an award of attorney fees.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: November 17, 2023, Case #: 0:18cv3321, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees, Injunction
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J. Richard Nelson grants the employer's motion for summary judgment in the employee's suit alleging that she was demoted from a management position for her opposition to Black Lives Matter and critical race theory. The employee has not shown that her termination was motivated by her race as a Filipina woman, and her emails concerning the "political bent" of work events and her feelings that she had been portrayed as racist were not protected activity since she has not identified any employment practice being objected to. She has also not pleaded a connection between her objections, either personally or on Facebook, and adverse actions.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: October 24, 2023, Case #: 0:22cv352, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Richard Nelson denies the former employee's motion to dismiss the employer's claims against him related to his separation from the employer following the sale of his business to the employer. The employer's conversion, civil theft, unjust enrichment and unfair competition claims are not displaced by the Minnesota Uniform Trade Secrets Act since they are not based solely on misappropriation of trade secrets. The employer has also adequately pleaded a common-law duty of confidentiality, and the independent duty rule does not apply since the parties do not have an outstanding contract.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: September 7, 2023, Case #: 0:23cv614, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Conversion
J. Richard Nelson partially grants the bank and debt collectors' motion to dismiss the debtor's suit alleging that they attempted to repossess her car with her still inside it. A breach of the peace, such as that alleged, can void a debt collector's present right to possession under Minnesota law and the Fair Debt Collection Practices Act, and the circumstances alleged here could constitute such a breach of the peace. The debtor's FDCPA claim under that theory therefore survives. Her conversion claim, however, is dismissed, as is her trespass-to-chattel claim. Punitive damages claims against the bank and debt collector are dismissed, but one against the towing company which undertook the alleged repossession attempt survives.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: August 28, 2023, Case #: 0:22cv3048, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Contract
J. Richard Nelson remands the homeowner association's suit against its insurer to an appraisal panel for clarification of the panel's views on the availability of matching siding, the use of siding harvesting as a repair technique and the amount of an appraisal award. Decisions on remaining issues in the parties' competing summary judgment motions are reserved and the case is stayed pending the receipt of clarification.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: August 7, 2023, Case #: 0:21cv1532, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Richard Nelson denies the son's motion for a temporary restraining order preventing his siblings from taking actions regarding the governance of a family trust while this action, in which he aims to be declared Trustee of the trust, is resolved. The son has not presented any evidence of misappropriation or misuse of trust funds, and the potential sale of farmland he seeks to enjoin is "entirely speculative." Additionally, any harm to the son by any such misappropriation could be remedied by monetary relief.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: July 21, 2023, Case #: 0:23cv1885, NOS: Other Fraud - Torts - Personal Property, Categories: Trusts, Injunction
J. Richard Nelson substantially reduces the disabled employee's total requested benefit award in his successful suit against the insurer. The insurer did not waive its ability to contest the award of future benefits under the "any occupation" standard, and the court has not reviewed anything under that standard. Benefits are granted from the time of denial through the date of this order, for 36 months, and the case is remanded to the insurer for determination of the employee's entitlement to benefits under the "any occupation" standard.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: July 18, 2023, Case #: 0:22cv91, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance
J. Richard Nelson largely denies the cleaning chemical manufacturer's motion for summary judgment and denies its motion to exclude expert testimony in a suit alleging that its disinfectant caused lung issues among its users, including the plaintiff hospital cleaner. One claim for strict liability based on a manufacturing defect is dismissed, since dismissal is unopposed. Product-liability claims based on a design defect and failure to warn survive, as do negligence, breach of express and implied warranty, intentional and negligent misrepresentation and fraudulent concealment claims.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: June 13, 2023, Case #: 0:20cv1806, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Experts
J. Richard Nelson grants the vitamin ingredient wholesaler's motion for summary judgment in its customer's suit against it alleging that a vitamin product it purchased under the belief that the product was vegan was contaminated with non-vegan product. Claims under Texas law are precluded by a choice-of-law provision in a confidential settlement between the parties, and under Minnesota law, indemnity claims are not properly before this court. The purchaser does not address arguments against its Food, Drug and Cosmetic Act claim in its briefing, and its allegations of breaches of warranty are insufficiently pleaded to raise genuine issues of material fact.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: June 12, 2023, Case #: 0:22cv13, NOS: Other Contract - Contract, Categories: Choice Of Law, Warranty, Contract