34 results for 'judge:"Schroeder"'.
J. Schroeder finds that the district court properly dismissed an action brought by five registered California gun owners who challenged California legislation aimed at encouraging research on firearm violence that permits the California Department of Justice to disseminate information from its databases to accredited research institutions about purchasers of firearms and ammunition, as well as individuals who hold permits to carry concealed weapons. The gun owners did not state a claim for violation of the right to informational privacy under the Fourteenth Amendment. Affirmed.
Court: 9th Circuit, Judge: Schroeder, Filed On: May 8, 2024, Case #: 23-55133, Categories: Constitution, Privacy, Firearms
J. Schroeder remands this zoning dispute in which a group of property owners claim that the rezoning of a nearby lot in order to build a school violates their Second Amendment rights and state laws. The owners allege that based on state law, they would not be permitted to carry firearms on a private lane — which is their only entrance and exit to a public road — that divides the rezoned property. The parties request the court to use supplemental jurisdiction because, they argue, the state claims are similar enough to the Second Amendment claim that it is warranted. However, because the court does not have original jurisdiction over any of the claims, it cannot use supplemental jurisdiction and the claims must be remanded for a lack of subject matter jurisdiction.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: May 7, 2024, Case #: 1:23cv797, NOS: Other Civil Rights - Civil Rights, Categories: Property, Zoning, Jurisdiction
J. Schroeder rules in favor of an insulating glass manufacturer in its patent infringement suit against a glass fabrication equipment firm over a specific method and apparatus for heating and tempering glass. The parties argue over the meaning of some of the terms in the patents’ claims. The firm maintains that certain claims are indefinite. However, the manufacturer’s claims construction is sufficient and adopted.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: April 18, 2024, Case #: 1:21cv942, NOS: Patent - Property Rights, Categories: Patent
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J. Schroeder grants an agricultural insurance company’s motion to dismiss allegations of breach of contract, deceptive trade practices and bad faith brought by a policy holder. Specifically, the policy holder claims the company wrongfully refused to pay under its crop insurance policy. However, because the policy holder did not respond to the company’s motion, and the time to do so has passed, the motion is granted and the case dismissed.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: April 12, 2024, Case #: 1:24cv116, NOS: Insurance - Contract, Categories: Agriculture, Insurance, Contract
[Consolidated.] J. Schroeder denies the North Carolina Board of Elections’ motion to dismiss several voter advocacy groups’ complaint that a particular bill allegedly threatens voter protections. Currently, North Carolina practices non-forwardable voter registration verification, meaning when someone registers to vote and votes on the same day, they are sent a card to the address under which they registered. Then, if the state board of elections does not receive said card, the voter’s ballot is removed from the official count. The advocacy groups have shown here, and in other recent litigation, plausible evidence that the potential harm caused to voters by continuing this process without giving them notice and a chance to prove their residency is likely more harmful than the possible injury to the government if the process remains the same.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: April 2, 2024, Case #: 1:23cv878, NOS: Voting - Civil Rights, Categories: Elections, Government
J. Schroeder grants U.S. Citizens and Immigration Services’ motion to dismiss federal tort claims brought by a doctor whose fiancee was denied entry to the U.S. The doctor, a U.S. citizen, met his fiancee online, then met her in person once in Australia. However, the two have not physically seen each other within two years of the date of the doctor’s petition for his fiancee’s visa application. The Department of Homeland Security created this stipulation. Because only DHS has discretion to waive it, the court lacks subject matter jurisdiction.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: March 26, 2024, Case #: 1:23cv657, NOS: Other Immigration Actions - Immigration, Categories: Immigration, Jurisdiction
J. Schroeder partially grants motions for preliminary injunction put forth by the Democratic National Committee and other groups and individuals across two identical, but not consolidated, cases in the interest of protecting same-day voter registrations. Currently, North Carolina practices non-forwardable voter registration verification, meaning when someone registers to vote and votes on the same day, they are sent a card to the address under which they registered. Then, if the state board of elections does not receive said card, the voter’s ballot is removed from the official count. The verification process is essential to protecting legitimate elections. However, the national committee has shown that the potential harm caused to voters by continuing this process without giving them notice and a chance to prove their residency is likely more egregious than the possible harm to the government if the process remains the same. Therefore, the state is enjoined from removing same-day voters’ ballots until they have been given notice and have a chance to verify their addresses.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: January 21, 2024, Case #: 1:23cv862, NOS: Voting - Civil Rights, Categories: Elections, Government, Injunction
J. Schroeder adopts the report and recommendation of the magistrate judge, overrules the parties' objections, and denies-in-part summary judgment in a suit brought under the Sherman Act over a company's alleged tactics to "maintain supracompetitive pricing" of its products in markets for networking equipment and services. Summary judgment is granted as to the Section 1 conspiracy and tying claims, but there is a genuine issue of material fact as to whether the company's tactics constituted anticompetitive conduct.
Court: USDC Eastern District of Texas , Judge: Schroeder, Filed On: January 17, 2024, Case #: 5:22cv53, NOS: Antitrust - Other Suits, Categories: Antitrust, Civil Procedure, Communications
J. Schroeder denies an agricultural products firm’s motion to dismiss allegations of antitrust violations brought by the Federal Trade Commission and 12 state governments on behalf of farmers. The commission and states claim that the firm excludes generic pesticide products competition using loyalty discount programs, through which it offers its distributors considerable lump sums of up to millions of dollars to limit their purchase of generic products. This, in turn, allegedly hurts farmers financially as 90% of them purchase the products from these distributors. The firm continues this practice even after its products’ patents expire. The firm maintains that its practices, because they are not directly price gouging, are not monopolizing nor causing competitors injury. However, the commission and states sufficiently evidence the exact opposite, that the firm has railroaded distributors and consumers, mostly farmers, into having no other choice but to buy its products.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: January 12, 2024, Case #: 1:22cv828, NOS: Antitrust - Other Suits, Categories: Antitrust, Trade, Unfair Competition
J. Schroeder denies Walmart’s motion in limine to exclude the testimony of a customer’s doctor after the customer was allegedly injured by a Walmart staff member who hit her parked car with a cart collection machine. The customer claims multiple injuries requiring surgery at a cost of over $400,000. Walmart argues that the doctor solely relied on the customer’s description of what happened, which is not enough evidence for her to proceed on her personal injury claim. However, the doctor compared her account to MRI imaging, which revealed images of injuries that were consistent with what she described. Therefore, the doctor’s testimony is appropriate.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: October 5, 2023, Case #: 1:22cv327, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Corporations, Tort, Damages
J. Schroeder grants in part a women’s intercollegiate lacrosse coaches organization’s motion for summary judgment against an event management company for trademark infringement. The company began using the organization’s logos and applied for trademarks for them when the parties disagreed on whether their 2020 tournament series should be cancelled due to the Covid-19 pandemic. The organization officially cancelled the series, but the company advertised that it would still be held. The company’s use of the logos evidences its violation of trademark law, and its refusal to cancel the series constitutes tortious interference with the parties’ contract as well as unfair trade practices.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: September 26, 2023, Case #: 1:20cv425, NOS: Other Contract - Contract, Categories: Trademark, Unfair Competition, Interference With Contract
J. Schroeder agrees with the findings and conclusions of the magistrate judge and grants-in-part summary judgment to the beneficiary on the claim for wrongful denial of benefits under the Employment Retirement Income Security Act. The insurer's objections are overruled, and the beneficiary is entitled to accidental death benefits since recovery is not barred by any of the cited policy exclusions.
Court: USDC Eastern District of Texas , Judge: Schroeder, Filed On: September 25, 2023, Case #: 5:21cv143, NOS: Insurance - Contract, Categories: Erisa, Insurance, Contract
J. Schroeder grants a commercial shipping firm its motion to transfer a suit against it after one of it drivers allegedly crashed into a motorist’s car, causing significant damage including claims of over $106,000 in medical expenses. Also, the motorist’s motion to remand this case is denied because she and her counsel previously had not objected to the suit’s removal to federal court. As she originally filed suit in the wrong county, the firm’s motion to transfer to the Western District of North Carolina is approved because the motorist lives there and the collision happened there.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: September 9, 2023, Case #: 1:23cv382, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Vehicle, Jurisdiction
J. Schroeder denies a car parts company its motion to dismiss allegations of Clean Air Act violations brought by the federal government. The government claims that the company sells aftermarket devices that foil the environmental standards of the vehicle inspection process. Although the company argues it sells the devices strictly to stock car drivers, rendering those cars no longer “motor vehicles,” any factual issues cannot be decided at this point, and the government has made a plausible argument.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: August 29, 2023, Case #: 1:22cv495, NOS: Environmental Matters - Other Suits, Categories: Environment, Vehicle
J. Schroeder Jr. orders the company, which allegedly subjected 25 Black employees to racial and national origin discrimination, to provide employee time sheets from 2011 and tax records. Statements and notes of interviews with non-parties are protected as work product, but the company's tax records are related to its financial circumstances for potential damages. Further, the use of the time sheets during deposition demonstrates their relevance to the proceedings.
Court: USDC Western District of New York, Judge: Schroeder Jr. , Filed On: August 4, 2023, Case #: 1:16cv691, NOS: Employment - Civil Rights, Categories: Employment
J. Schroeder remands two individuals' insurance dispute arising from a car collision. The amount in controversy is less than $75,000 and, therefore, the district court lacks jurisdiction.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: July 24, 2023, Case #: 1:23CV296 , NOS: Insurance - Contract, Categories: Insurance, Jurisdiction
J. Schroeder grants, in part, two blind individuals' and two advocate groups' motion for injunctive relief pertaining to their claim a health care system does not accommodate the blind. Because the individuals have shown they will suffer irreparable harm without an injunction, and the balance of hardships and public interest weigh in favor of imposing it, the health care system is order to provide material information to patients in accessible formats, such as large print or Braille.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: June 22, 2023, Case #: 1:18cv994 , NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Health Care, Injunction