18 results for 'judge:"Schiltz"'.
J. Schiltz grants the data aggregators' motion to dismiss the consumer's suit alleging that a now-defunct company they sold her data to damaged her reputation by claiming on its website that she had a poor "reputation score." The consumer has alleged an injury-in-fact, traceable to the aggregators, that could be redressed with a favorable judgment. She has not, however, sufficiently pleaded that the defunct company was acting as an agent of the aggregator. Her federal claims fail on that basis, and the court declines to exercise supplemental jurisdiction over her state-law claims.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 29, 2024, Case #: 0:23cv1769, NOS: Consumer Credit - Other Suits, Categories: Consumer Law, Privacy, Class Action
J. Schiltz dismisses the insured's suit seeking indemnification for losses caused by a fraudulent wire transfer. The insured's loss stemmed from "social-engineering fraud," and it has failed to allege that it followed an "established and documented verification procedure" before obeying the fraudster's instructions. It therefore fell under an exclusion under the insured's policy.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 28, 2024, Case #: 0:23cv510, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Schiltz grants summary judgment to the insurer in the insureds' suit seeking coverage for the personal property of the named insured's two sons, destroyed in a fire at the insured's home, where the sons and the named insured's ex-wife, but not the named insured, were residing. The sons were not part of the same "household" as the named insured under his policy, and the named insured did not reside at the damaged home during the policy's period. The policy's requirement that the named insured reside at the insured home also does not conflict with Minnesota's standard fire insurance policy.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 22, 2024, Case #: 0:22cv1502, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Schiltz partially grants the employer and its benefits committees' motion to dismiss the employees' putative class action alleging mismanagement of a 401(k) plan. A claim for breach of the duty of prudence with respect to managed-account-service fees and a derivative claim for breach of the duty to monitor are dismissed, since the employees have not made sufficient allegations about the plans they seek to compare the employer's plan to. The motion to dismiss is otherwise denied, since the employees have adequately pleaded that the employer and its committees breached the duty of prudence by incurring excessive recordkeeping and administrative fees.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 21, 2024, Case #: 0:23cv26, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty
J. Schiltz partially dismisses the postal service and its chief's motion for summary judgment in the Black former employee's suit against them alleging race discrimination connected to a fellow employee's lengthy and often bizarre campaign of harassment against him and his wife, also employed by the postal service. A jury could find in the employee's favor on his hostile-environment claim, since the harassment was persistent, involving several incidents, and could be characterized as severe, and that the employer did not adequately respond to the employee's complaints. The employee has not, however, shown that he was terminated for behavior that other similarly situated employees engaged in without consequence.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 20, 2024, Case #: 0:21cv1134, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
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J. Schiltz largely grants the city and its law enforcement officials' motion to dismiss the Black motorists and residents' suit alleging that police improperly took their white neighbors' side in an ongoing campaign of racial harassment, particularly in an incident wherein one of the neighbors cut the Black motorist off in traffic, sounded his horn and repeatedly called him by racial slurs and threatened him with violence while following him around town, then fled police when they arrived only for the police to arrest the Black motorist. Claims against the arresting officer survive, since the motorist has adequately identified a similarly situated comparator of a different race, namely the neighbor. They have not, however, adequately alleged that the city and its officials had sufficient roles in the neighbors' harassment campaign to establish continuing violations and therefore extend the limitations period for the individual incidents they allege. A claim against the neighbor also survives.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 13, 2024, Case #: 0:23cv1758, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Schiltz partially grants the medical technology companies' motion to dismiss claims brought by the personal representative of the estate of an inventor who helped develop products for the companies under contract. Claims against three of the companies are dismissed for lack of personal jurisdiction, since the representative has neither established that all of the companies are alter-egos of each other nor that the three dismissed companies have adequate contacts with Minnesota to exercise jurisdiction. Claims against the other two companies survive.
Court: USDC Minnesota, Judge: Schiltz, Filed On: February 26, 2024, Case #: 0:21cv2572, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. Schiltz partially grants the law enforcement officers' motion for summary judgment in the Los Angeles Times journalists' suit alleging that they were unconstitutionally targeted by police while covering civil unrest following the murder of George Floyd in 2020. Claims stemming from an incident in which a tear gas canister struck one of the journalists' legs are dismissed, since the journalists have not produced evidence that any of the named defendants were responsible for the canister. A failure-to-intervene claim is voluntarily dismissed as to one of the officers, but survives as to the others. Supervisory-liability claims are also dismissed, but all other claims survive.
Court: USDC Minnesota, Judge: Schiltz, Filed On: January 29, 2024, Case #: 0:21cv1282, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment, Police Misconduct
J. Schiltz finds that there is no possible viable construction of the term "substantially rigid portion" in the patent claimant's suit alleging that the Minnesota biotech firm's catheter infringes claims in several of the claimant's patents. The claims in which that term appears are invalid for indefiniteness.
Court: USDC Minnesota, Judge: Schiltz, Filed On: January 9, 2024, Case #: 0:19cv1760, NOS: Patent - Property Rights, Categories: Construction, Patent
J. Schiltz grants the generic drug manufacturers' association's motion for a preliminary injunction halting enforcement of a state law banning the imposition of "excessive" price increases for generic and off-patent drugs. The association has shown that it is likely to succeed on the merits of its claim that the law violates the dormant Commerce Clause through its application to out-of-state drug sales, and that it is likely to suffer irreparable harm absent an injunction. The state's motion to dismiss, meanwhile, is partially granted and the association's claims for violation of separation of powers and for other civil-rights relief are dismissed.
Court: USDC Minnesota, Judge: Schiltz, Filed On: December 4, 2023, Case #: 0:23cv2024, NOS: Other Civil Rights - Civil Rights, Categories: Commerce, Constitution, Injunction
J. Schiltz largely grants the employer's motions to dismiss its employees' suits alleging that their terminations for refusal to be vaccinated for Covid-19 were discriminatory. The employees' religious discrimination claims survive, since the employer has not adequately shown that it would have suffered an "undue hardship" by keeping unvaccinated employees on staff and the employees have pleaded a failure to provide reasonable accommodations. One employee has not, however, exhausted her administrative remedies for her disability discrimination claims, and the employees' arguments that a vaccination requirement is an unlawful medical examination under the Americans with Disabilities Act fail. Failure-to-accommodate claims under the ADA survive.
Court: USDC Minnesota, Judge: Schiltz, Filed On: September 29, 2023, Case #: 0:22cv1923, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Schiltz denies the insurer's motion for summary judgment and grants the judgment holders' motion for partial summary judgment in the judgment holders' two actions seeking to compel the insurer to pay the judgments they hold against the insured following settlements. The settlements constitute a "loss" under the insured's policy, and have not been rendered uninsurable by a "final adjudication." Arguments that the parties in this case are covered by various exclusions in the policy also fail, and the insurer's argument that the settlements are unreasonable or collusive is better left for trial.
Court: USDC Minnesota, Judge: Schiltz, Filed On: September 13, 2023, Case #: 0:21cv2264, NOS: Insurance - Contract, Categories: Insurance, Enforcement Of Judgments, Contract
J. Schiltz partially grants the students' motion for summary judgment in their suit alleging that the state Department of Education improperly terminated their special-education services prior to their twenty-second birthdays. Prior to an amendment which came into effect this July, a Minnesota statute governing special education services which required the state to provide them only until the July 1 after a disabled child became 21 years old violated students' rights under the Individuals with Disabilities Education Act, which requires states to provide a free appropriate public education to disabled students "through age 21." Minnesota's adult basic education programs fall under the umbrella of "public education," and thus must be offered to students with disabilities until they reach age 22.
Court: USDC Minnesota, Judge: Schiltz, Filed On: August 25, 2023, Case #: 0:21cv1837, NOS: Education - Civil Rights, Categories: Education, Government, Preemption
J. Schiltz partially grants the university's motion for summary judgment in the former student's suit against it and the state regulatory body alleging that she was improperly dismissed from the university's nursing program. The student's breach-of-contract claim survives insofar as it relates to an alleged failure to assist her in finding a clinical preceptor, but her other claims are dismissed.
Court: USDC Minnesota, Judge: Schiltz, Filed On: May 30, 2023, Case #: 0:21cv1299, NOS: Education - Civil Rights, Categories: Education, Due Process, Contract
J. Schiltz dismisses the minor and her mother’s suit related to burns the minor sustained when a minivan in a Walmart parking lot caught fire and the fire spread to a car where the minor was sleeping. The retailer’s policy of allowing travelers to sleep in its lots does not turn its parking lots into “recreational camping areas” under a Minnesota law regulating such areas, and the minor and her mother have not shown that doing so created a nuisance or that the burns were the result of the retailer’s negligence.
Court: USDC Minnesota, Judge: Schiltz, Filed On: May 25, 2023, Case #: 0:22cv1584, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Premises Liability
J. Schiltz denies the pawnbroker and payday lenders' motion to compel arbitration in the consumers' suit alleging that sensitive data was stolen from the pawnbroker's computer network. The pawnbroker knew of its right to arbitrate because the relevant arbitration causes appeared in the contracts it drafted, and it acted inconsistently with its right to arbitrate by moving to dismiss and otherwise participating in litigation before raising the possibility of arbitration.
Court: USDC Minnesota, Judge: Schiltz, Filed On: May 11, 2023, Case #: 0:21cv2554, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Arbitration, Privacy, Contract