30 results for 'judge:"Schreier"'.
J. Schreier grants a motion for leave to proceed after an individual filed a pro se lawsuit under the False Claims Act. The action is sealed because the individual alleges it is a qui tam action, but the court wrote that it does not appear that the individual has served the government with a copy of his complaint and a written disclosure of substantially all material evidence. The matter stems from a dispute over car repairs at a shop in Worthington, Minnesota.
Court: USDC South Dakota, Judge: Schreier, Filed On: April 25, 2024, Case #: 5:23cv5071, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Fraud, Vehicle
J. Schreier grants a motion for leave to proceed after an individual filed a pro se lawsuit under the False Claims Act. The action is sealed because the individual alleges it is a qui tam action, but the court wrote that it does not appear that the individual has served the government with a copy of his complaint and a written disclosure of substantially all material evidence. The matter stems from a dispute over car repairs at a shop in Worthington, Minnesota.
Court: USDC South Dakota, Judge: Schreier, Filed On: April 25, 2024, Case #: 4:23cv4189, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Fraud, Vehicle
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J. Schreier grants county employees' motion for dismissal on an individual's claims and dismisses with prejudice remaining claims against other county and prison employees. The matter stems from the individual's conviction in South Dakota state court of multiple counts of possessing, manufacturing, or distributing child pornography. The individual alleged that defendants conspired with one another to deny his First and Fourteenth Amendment rights of access to courts, freedom of speech, and to petition the government, and that those rights were violated when prison mailroom staff failed to process his appeal in a timely fashion.
Court: USDC South Dakota, Judge: Schreier, Filed On: February 13, 2024, Case #: 4:22cv4099, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Schreier denies a motion to dismiss for improper venue a lawsuit in which a company that supplies breakfast foods to convenience stores and hotels began purchasing egg products from a food manufacturer, which later had issues surrounding the 2022 Avian Influenza outbreak resulting in a nearly doubled price hike for eggs. The transfer would simply shift the inconvenience of litigating in another state from defendant company to plaintiff company.
Court: USDC South Dakota, Judge: Schreier, Filed On: January 4, 2024, Case #: 4:23cv4027, NOS: Other Contract - Contract, Categories: Jurisdiction, Venue, Contract
J. Schreier denies a university's motion to to dismiss retaliation claims brought by two music professors who alleged they were illegally terminated. A female professor was allegedly excluded from meetings so the men could engage in “real talk.” She filed a Title Title IX complaint claiming discrimination and retaliation. Another professor allegedly faced similar retaliation after the female professor told university officials that he would be a witness for her. He was subsequently removed from his position as director of choral studies. The female professor's sex discrimination claims with respect to her alleged removal as department chair, director of vocal studies, director of the university summer music camp and reduced salary continue.
Court: South Dakota Supreme Court, Judge: Schreier, Filed On: December 22, 2023, Case #: 4:23cv4086, Categories: Education, Employment, Employment Discrimination
J. Schreier denies a motion for summary judgment brought by a steel company following the collapse of a hopper bin which killed two individuals. The insurance company's motion to exclude expert testimony as moot is also denied. Punitive damages are not available unless a tort has been committed. Because the steel company's bad faith claim is dismissed, summary judgment is granted in favor of the insurance company on the steel company’s request for punitive damages.
Court: USDC South Dakota, Judge: Schreier, Filed On: December 21, 2023, Case #: 4:19cv4156, NOS: Insurance - Contract, Categories: Insurance, Product Liability, Experts
J. Schreier finds that an individual did not articulate a federal-law claims which could survive a motion to dismiss in a matter in which The individual's employer required all employees to be fully vaccinated for Covid-19. The individual objected to receiving the vaccine and to complying with
the testing requirements citing “sincerely held religious beliefs.” The matter is dismissed for lack of jurisdiction.
Court: USDC South Dakota, Judge: Schreier, Filed On: September 26, 2023, Case #: 5:22cv5081, NOS: Insurance - Contract, Categories: Employment, Jurisdiction, Covid-19
J. Schreier denies a lawn care service company's motion for summary judgment against an insurance company in a matter in which
the lawn care company mistakenly applied a broad-spectrum herbicide on its customers’ lawns. After its customers’ lawns died, the company submitted a claim to its insurance provider. The insurance provider denied all liability and raises four counterclaims. The insurance contract had multiple exclusions to which coverage does not apply.
Court: USDC South Dakota, Judge: Schreier, Filed On: September 13, 2023, Case #: 4:22cv4081, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Schreier grants in part an employee's motion to quash in an employment action in which the employee alleges he was subjected to racial discrimination and retaliation. The employee sought the motion to quash a request for subpoenas to his prior and subsequent employers on the grounds that the information sought is irrelevant.
Court: USDC South Dakota, Judge: Schreier, Filed On: September 11, 2023, Case #: 4:22cv4018, NOS: Employment - Civil Rights, Categories: Employment
J. Schreier grants the county's motion to dismiss in part in a matter arising from a dispute over an agriculturally zoned property. The property owner and property renter sought to use the property for large events including weddings, family reunions and other large social events. The owner and renter further allege that, over the course of over two years, the county threatened them with fines, injunctions and investigations. A number of claims survive because absolute prosecutorial immunity is limited to claims for money damages.
Court: USDC South Dakota, Judge: Schreier, Filed On: July 31, 2023, Case #: 4:22cv4124, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Zoning
J. Schreier finds that an insurance company is not liable for claims of fraud, negligence and misrepresentation in a matter involving a project that the Western Area Power Administration sought to complete. The energy company failed to meet its burden to prove any claims or to show why it is legally entitled to pursue a breach of contract claim.
Court: USDC South Dakota, Judge: Schreier, Filed On: June 13, 2023, Case #: 4:20cv4033, NOS: Insurance - Contract, Categories: Fraud, Negligence, Contract
J. Schreier finds that the district court improperly denied an amended habeas petition after defendant pleaded guilty to nine charges including burglary and rape. Defendant did not need to obtain a certificate of appealability in order to appeal the denial of an instant appeal. Reversed.
Court: 9th Circuit, Judge: Schreier, Filed On: June 2, 2023, Case #: 21-15616, Categories: Burglary, Habeas, Sex Offender
J. Schreier denies motion for partial summary judgment in a matter involving a Bureau of Indian Affairs project to replace the roof at the Oglala Adult Offenders Facility at Pine Ridge, South Dakota. Summary judgment is denied because questions still remain concerning industry standards on the asphalt application to roofs.
Court: USDC South Dakota, Judge: Schreier, Filed On: May 30, 2023, Case #: 5:22cv5001, NOS: Miller Act - Contract, Categories: Property, Contract