20 results for 'judge:"Sammartino"'.
J. Sammartino denies the employee's motion to remand a wage-and-hour class action against American Airlines to state court. American Airlines' 10% violation rate to determine the amount of damages is reasonable based on the complaint's "from time to time" and "policy and practice" allegations. Using this violation rate, the amount in controversy comes out to roughly $16 million, which easily clears the $5 million federal jurisdiction hurdle set by the Class Action Fairness Act.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: March 7, 2024, Case #: 3:23cv1779, NOS: Other Labor Litigation - Labor, Categories: Jurisdiction, Class Action, Labor
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J. Sammartino dismisses intentional misrepresentation claims accusing the American Association of Blood Banks, which develops and enforces standards for DNA paternity testing, of permitting "lookalike" tests that allow laboratories to issue false DNA results. The man claims that one such test falsely indicated that he is the father of a third-party's child, but he fails to show a risk of future harm because he has not alleged that he will purchase or might submit to another test stamped by the organization.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: February 9, 2024, Case #: 3:23cv1160, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Unfair Competition, False Advertising
J. Sammartino denies a solar company's motion for terminating sanctions concerning a consumer's Telephone Consumer Protection Act claims. Although the consumer has sent emails to the company's counsel that are "unnecessarily combative and unprofessional," these emails have not disrupted a deposition, interfered with a hearing, or prejudiced the company's case.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: January 19, 2024, Case #: 3:23cv1240, NOS: Other Statutory Actions - Other Suits, Categories: Sanctions, Consumer Law
J. Sammartino rules that an implant patient may pursue most of her claims against an implant manufacturer stemming from a SurgiMend device, used during a ventral hernia repair, that allegedly malfunctioned and caused her to suffer from a bowel injury and severe pain. The patient sufficiently alleges that the manufacturer knew from internal testing and investigations that the product creates a high risk of bowel injury and failed to warn her doctor of these risks.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: November 27, 2023, Case #: 3:22cv604, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Warranty
J. Sammartino grants the YMCA's motion to dismiss an employee's employment discrimination claims. The employee, who says he was sexually assaulted at work, failed to show in court the identity of the perpetrator, the date he was assaulted, or his theory of liability.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: November 13, 2023, Case #: 3:23cv457, NOS: Employment - Civil Rights, Categories: Employment
J. Sammartino dismisses in part the consumer's complaint alleging that the food manufacturer falsely advertised that its product contains a natural form of malic acid even though the label lists a form of DL malic acid that is an ingredient derived from "petrochemicals." The consumer's claims for equitable relief are dismissed because he has not pleaded that he lacks an adequate remedy at law. However, it is plausible to infer based on the consumer's complaint that all flavors of the company's product contain artificial DL malic acid, so the claims will not be dismissed on these grounds.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: November 8, 2023, Case #: 3:23cv220, NOS: Contract Product Liability - Contract, Categories: Product Liability, Class Action, False Advertising
J. Sammartino finds that the insurance company’s obligation to defend a property company was triggered when the property company was sued by tenants for allegedly having illegal security deposit policies and for improperly reporting the tenants’ alleged debts to third parties. The insurer argues that the underlying class action is barred by the insurance policy’s Illegal Profits and Conversion exclusions. However, the tenants’ allegations of defamation against the property company are sufficient to give rise to coverage under the policy.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: August 15, 2023, Case #: 3:23cv356, NOS: Insurance - Contract, Categories: Insurance, Defamation
J. Sammartino rules that an Immigration and Customs Enforcement employee may pursue Rehabilitation Act claims against a homeland security supervisor. The government argues that the employee's Rehabilitation Act claim must be dismissed because it relies on a theory of harassment as opposed to discrimination. Some courts have dismissed such claims while others have found them cognizable at the pleading stage. In light of this uncertainty, allowing the claim to proceed beyond the pleading stage is a "more supportable" approach.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: August 11, 2023, Case #: 3:22cv557, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Sammartino denies a company's motion for a temporary restraining order against a shareholder who allegedly threatened to dump his shares in the company in order bring about financial devastation. The company claims it would be financially hurt if the shareholder were to follow through on his threats, but these allegations fail to demonstrate irreparable harm, as this injury could be remedies by a damages award.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: June 29, 2023, Case #: 3:23cv1064, NOS: Other Contract - Contract, Categories: Contract, Injunction
J. Sammartino partly grants an airline's motion for summary judgment concerning a part-time customer service employee's sex harassment claims alleging that a co-worker touched her thigh at least five times. The employee fails to present evidence that her male co-worker engaged in quid pro quo sexual harassment, but does sufficiently allege that he may have created a hostile work environment even though he was not a supervisor.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: June 28, 2023, Case #: 3:22cv203, NOS: Employment - Civil Rights, Categories: Employment
J. Sammartino declines to fully dismiss a Homeland Security field director's age and disability discrimination claims. Although the director's "designation of the Secretary in the caption as both 'an individual' and 'Secretary, U.S. Department of Homeland Security,' is ambiguous as to the capacity in which he is being sued," the allegations in the complaint strongly suggest the Secretary was named in his official rather than individual capacity. In light of "favoring decisions on the merits over technicalities," the complaint is dismissed with prejudice against the Secretary in his individual capacity but can move forward against the Secretary in his official capacity.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: May 11, 2023, Case #: 3:22cv557, NOS: Employment - Civil Rights, Categories: Civil Procedure, Ada / Rehabilitation Act, Employment Discrimination