51 results for 'judge:"Rubin"'.
J. Rubin grants a credit union and its employees’ motion to dismiss allegations of race and gender discrimination by a former Black female employee. The employee alleges that she was suspended, denied a promotion and treated unfairly by the assistant vice president in consumer loans, who also made negative comments. The credit union argues that the individual supervisors cannot be held liable for the discrimination and retaliation claims. The court found the employee untimely filed the race discrimination claim and failed to exhaust administrative remedies for the gender-based discrimination claim.
Court: USDC Maryland, Judge: Rubin, Filed On: April 22, 2024, Case #: 1:23cv1314, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Rubin grants, in part, the NFL benefit plan and its trustees and commissioner’s motion to dismiss a class of retired NFL players’ lawsuit against the disability and neurocognitive plan, claiming they were wrongly denied benefits. The players allege claims under ERISA for failure to provide notice, denial of right to full and fair review, and breach of fiduciary duty. The trustees and commissioner are dismissed from the failure of notice and denial of right to full and fair review claims. The fiduciary duty claim, as asserted against the benefit plan and its trustees and commissioner, is dismissed because the players did not allege misrepresented the process for obtaining coverage and denied in all other respects.
Court: USDC Maryland, Judge: Rubin, Filed On: March 20, 2024, Case #: 1:23cv358, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty
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J. Rubin grants summary judgment in favor of a medical center in this employment dispute brought by a former employee. The employee alleges she was terminated after requesting accommodations for her pregnancy complications. The evidence shows she was terminated for poor performance, and her counter-evidence fails to show this was mere pretext to fire her.
Court: USDC Maryland, Judge: Rubin, Filed On: March 4, 2024, Case #: 1:20cv3523, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Rubin finds the lower court improperly enforced an arbitration award. This dispute concerns two wireless communications companies over breach of contract, trade secret misappropriation and deceptive trade practices. The court did not have an independent basis of subject matter jurisdiction to confirm the arbitration award. Reversed.
Court: 4th Circuit, Judge: Rubin, Filed On: February 14, 2024, Case #: 22-1253, Categories: Arbitration, Trade Secrets, Contract
J. Rubin grants, in part, the property owners’ motion for summary judgment on liquidated damages in this dispute involving an insurer’s failure to pay out on an insurance claim and refused to defend the owners from a neighbor’s lawsuit over flooding on their property. In a previous court order the owners were granted partial summary judgment for the contract claim and it was determined there was a duty to defend for the insurer. The parties have filed a joint stipulation for the attorney fees. The owners now argue how prejudgment interest should be calculated and indemnification for unpaid or future attorney fees and expenses. Therefore, the joint stipulation for attorney fees and expenses, and the owners are entitled to prejudgment interest summary judgment is granted. The owner’s motion as to identification is denied but they may seek an award or move to amend judgment if entitlement matures in the future.
Court: USDC Maryland, Judge: Rubin, Filed On: February 14, 2024, Case #: 1:20cv1012, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Attorney Fees
J. Rubin grants summary judgment in favor of a federal agent in this Electronic Communications Privacy Act claim by a CBS investigative reporter and her daughter alleging surveillance and hacking of their electronic devices. The reporter and her daughter failed to substantively respond to the motion and has no admissible evidence to demonstrate the agent violated the Act. A reasonable juror could not conclude the agent, or another person intercepted or disclosed the electronic devices or violated the Act in any way.
Court: USDC Maryland, Judge: Rubin, Filed On: February 6, 2024, Case #: 1:20cv68, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Communications, Evidence
J. Rubin grants Towson University’s motion to dismiss this disability discrimination suit brought by a student. The student brought claims under the Rehabilitation Act, the equal protection clause and the Family Educational Rights and Privacy Act, but he failed the burden to allege a plausible claim for discrimination or retaliation.
Court: USDC Maryland, Judge: Rubin, Filed On: February 5, 2024, Case #: 1:22cv2998, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Education, Equal Protection
J. Rubin denies a research company’s motion to transfer venue in this employment dispute brought by a class of former employees residing in various states. The class alleges termination of employment was due to refusal of the mandatory Covid-19 vaccine. “Maryland courts have not addressed the issue of where the ‘wrong’ occurs in cases of fraud, or negligent misrepresentation, when the alleged wrongful act and the alleged loss occur in separate jurisdictions.” The class fails to prove where the alleged wrongful conduct occurred. The company’s motion to dismiss is granted on all claims.
Court: USDC Maryland, Judge: Rubin, Filed On: January 29, 2024, Case #: 1:23cv53, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Class Action
J. Rubin grants, in part, the Comptroller of Maryland’s motion for reconsideration in this class action complaint filed by property owners challenging the abandoned property statute is unconstitutional claiming declaratory and prospective injunctive relief. The property owners allege the Maryland abandoned and unclaimed property statute allows for “taking” without just compensation. The owners state constitutional claims are dismissed by being barred due to sovereign immunity. Therefore, the remaining motion is denied on the federal constitutional claims will proceed.
Court: USDC Maryland, Judge: Rubin, Filed On: January 26, 2024, Case #: 1:22cv1558, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Immunity, Class Action
J. Rubin grants Baltimore’s motion to remand this case back to the circuit court of Baltimore City. The city claims that tobacco company Philip Morris’s cigarette filters are made of a non-biodegradable substance, cellulose acetate, that is toxic to plants and animals, and whose littered filters pollute the water and soil. The tobacco company opposes the motion to remand and had this case moved from circuit court stating the district court has supplemental jurisdiction and federal question over the claims. The company failed to demonstrate that the court has federal question jurisdiction, which is necessary for removal to federal court.
Court: USDC Maryland, Judge: Rubin, Filed On: January 22, 2024, Case #: 1:23cv303, NOS: Torts to Land - Real Property, Categories: Government, Tort, Jurisdiction
J. Rubin dismisses a class action claiming that the weight loss company Noom is wiretapping to spy on visitors to its website, recording their keystrokes, mouse clicks and page scrolling to collect real-time data. The consumer fails to disclose the specific personal information that was accessed, so they could not show what injury was suffered.
Court: USDC Maryland, Judge: Rubin, Filed On: December 27, 2023, Case #: 1:23cv641, NOS: Other Statutory Actions - Other Suits, Categories: Tort, Privacy, Class Action
J. Rubin dismisses in favor of the employer for this lawsuit claiming a former employee was discriminated and retaliated against in violation of the Americans with Disabilities Act. The employee states that she was wrongfully terminated after she called out of work due to her back disability and a meeting was held regarding abuse of FMLA leave. Her complaint is barred by statute of limitations and the doctrine of res judicata because it was filed almost seven years after the termination. The employee’s motion to alter or amend judgment is denied due to judgment being entered.
Court: USDC Maryland, Judge: Rubin, Filed On: December 21, 2023, Case #: 1:23cv1195, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Retaliation
J. Rubin grants, in part, a debt collection law firm’s motion to dismiss this foreclosure case alleging that the mortgage servicer violated the fair debt collection laws. The citizen failed to prove the companies deceived her regarding the loan dismissing all claims but the fair debt collection law. The law firm failed to verify this debt in a timely response.
Court: USDC Maryland, Judge: Rubin, Filed On: December 4, 2023, Case #: 1:23cv452, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Foreclosure
J. Rubin denies a former employee’s motion to dismiss in this lawsuit brought by a logistics company alleging a scheme to steal confidential trade secrets. The logistics company alleges when the employee provided his resignation he lied and failed to disclose information about his future employment. During the transition period is when the employee misrepresented by concealment the company’s confidential data causing material harm and damages.
Court: USDC Maryland, Judge: Rubin, Filed On: November 28, 2023, Case #: 1:23cv242, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets
J. Rubin finds the trial court rightly dismissed a studio's unlawful detainer action that sought possession of property it had licensed to another studio. The studios expressly agreed that their relationship was based on a license agreement and was not governed by landlord-tenant laws. Affirmed.
Court: California Courts Of Appeal, Judge: Rubin, Filed On: November 15, 2023, Case #: B325853, Categories: Landlord Tenant, Contract
J. Rubin grants an animal control officer and a former Humane Society executive director’s motion for summary judgment in civil rights and illegal search and seizure claims stemming from the seizure of a citizen’s dogs and other property. Due to the court’s first preclusion in this replevin action, the animal control officer is entitled to summary judgment on the search and seizure claims. The former executive director was justified in entering the citizen’s property and serving a warrant for seizure.
Court: USDC Maryland, Judge: Rubin, Filed On: November 12, 2023, Case #: 1:20cv443, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Animal Cruelty
J. Rubin finds that employers failed to establish that a former employee lacked standing to make representative Private Attorneys General Act claims. She filed her complaint within one year of her final pay statement, which did not contain the missed break period premium she alleged she was due. Reversed.
Court: California Courts Of Appeal, Judge: Rubin, Filed On: October 19, 2023, Case #: B317161, Categories: Employment
J. Rubin finds there is substantial evidence to support that a child welfare organization had reasonable cause to believe that a stepfather sexually abused his minor stepson. While the stepson had recanted two previous sexual abuse claims against his stepfather, his mother spoke with him before he recanted on both occasions, and may have influenced him to do so. Furthermore, the stepson engages in physical behaviors that are common in survivors of sexual abuse.
Court: Massachusetts Court Of Appeals, Judge: Rubin, Filed On: October 6, 2023, Case #: 22-P-35, Categories: Family Law, Juvenile Law, Assault
J. Rubin partially denies the University of Maryland’s motion to dismiss allegations of hostile work environment, retaliation, and race, gender and age discrimination brought by a diagnostic radiation employee. The employee, a white woman over 40, described her supervisor as an “Indian/Asian” man who gave preferential treatment to women who were younger and of seemingly the same racial background as him. She claims that he stared and panted at her and bragged about the size of his prostate. The employee received two negative performance reviews after she made complaints internally and with the EEOC. The university is correct that the employees ADEA claim is barred by state sovereign immunity and her state-related claims are time-barred. However, her federal discrimination and retaliation allegations are not time-barred and will proceed.
Court: USDC Maryland, Judge: Rubin, Filed On: September 27, 2023, Case #: 1:22cv514, NOS: Employment - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Rubin grants a collections agency its cross-motion for summary judgment while denying that of a credit card owner after she claimed that the agency had no right to collect a debt because it did not own the debt. The card owner charged over $15,000 to her card and then claimed Chapter 13 bankruptcy. At this time, the card company sold the debt to the agency, so it does own the debt and rightly seeks to collect it from the card owner.
Court: USDC Maryland, Judge: Rubin, Filed On: September 25, 2023, Case #: 1:22cv213, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Rubin denies a federal contractor's motion for summary judgment following a negligence claim brought by a job applicant after she slipped on a white marble floor maintained by the contractor. The contractor argues that it did not have notice of water on the floor, which would have triggered a duty to warn the applicant, but its records indicate staff members having mopped throughout the day. Also, the applicant recalls seeing someone mopping a floor in the distance, but no warning signs were posted where she fell.
Court: USDC Maryland, Judge: Rubin, Filed On: September 25, 2023, Case #: 8:19cv614, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence
J. Rubin grants an energy efficient lighting company's motion to dismiss a commercial insurer's second amended complaint after a fire on the insurer's subrogee's property. The subrogee is a firm that grows cannabis and claims that the lighting company's faulty bulbs caused the fire. However, because the firm is headquartered in Colorado, the claim cannot proceed based on personal jurisdiction. The subrogee may pursue litigation in Colorado.
Court: USDC Maryland, Judge: Rubin, Filed On: September 20, 2023, Case #: 1:22cv2723, NOS: All Other Real Property - Real Property, Categories: Insurance, Product Liability, Jurisdiction
J. Rubin dismisses the computer user's invasion of privacy and wiretapping law violations complaint accusing Papa John's of violating her privacy by recording her electronic activity, including keystrokes and mouse clicks, when she used its website. Because Papa John's is not headquartered in Maryland, the claims cannot proceed based on personal jurisdiction.
Court: USDC Maryland, Judge: Rubin, Filed On: September 19, 2023, Case #: 1:22cv3185, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Jurisdiction, Technology