11 results for 'judge:"Simms"'.
J. Simms grants in part a community’s association motion to dismiss a homeowner's amended complaint for Fair Housing Act and Americans with Disabilities Act violation claiming that the association has failed to allow modifications and accommodations under the FHA and ADA. The items that were found not necessary for accommodation or modification claims to FHA are denied because there is no protection. The homeowner failed to allege any protected activity.
Court: USDC Maryland, Judge: Simms, Filed On: October 12, 2023, Case #: 8:22cv672, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, Housing
J. Simms grants in part a boat company's motion for partial summary judgment after a boat dealership sued it for breach of implied contract and other claims. The parties had an amicable relationship for years, and the company introduced a line of self-bailing boats that had yet to be tested or approved by a national boat safety association. Although a representative of the dealership was aware of this, he agreed to purchase at least 45 of the boats. When the dealership's customers began to complain that the self-bailing feature was dysfunctional, the dealership and company fell into disagreement. The dealership fails to prove there was an implied contract based on the long-term relationship between the parties and that the company was still obligated to continue to sell boats to the dealership. The relationship does not imply a contract or any such obligation, and the company was allowed to terminate the parties' relationship.
Court: USDC Maryland, Judge: Simms, Filed On: September 25, 2023, Case #: 1:20cv1414, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Product Liability, Warranty, Contract
J. Simms grants a hotel franchisee its motion to transfer this suit to the U.S. District Court in Eastern Pennsylvania. The suit, originally brought by a group of franchisees, accuses its parent company of racketeering. The company previously compelled arbitration and had to submit monthly status reports to the court. In the instant case, the company failed to mention in its report that it pursued arbitration in Maryland instead of where the suit originated in eastern Pennsylvania. This deprived the presiding judge from retaining jurisdiction and returning the case to the docket for his resolution. The judge is correct that the case should be transferred back to Pennsylvania.
Court: USDC Maryland, Judge: Simms, Filed On: August 25, 2023, Case #: 8:23cv146, NOS: Arbitration - Other Suits, Categories: Arbitration, Jurisdiction, Racketeering
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J. Simms grants trustees of an electric benefit fund their motion for default judgment after one of their contributors became delinquent in its payments, violating ERISA. Because the contributor has not responded to the affidavit served on it, it must pay over $60,000 in late dues and attorney fees and costs.
Court: USDC Maryland, Judge: Simms, Filed On: August 14, 2023, Case #: 8:23cv433, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Attorney Fees, Labor
J. Simms grants Lowe’s motion to dismiss allegations of strict liability and negligence brought by a customer when the store’s product Bird Brain Ceramic Firepot and Fuel Gel exploded and burned her. Jurisdiction prevents the customer, a citizen of Maryland, from plausibly making claims because Lowe’s is not headquartered in Maryland, she purchased the product in a Nevada Lowe’s six years before being burned and her injury occurred outside of Maryland.
Court: USDC Maryland, Judge: Simms, Filed On: July 18, 2023, Case #: 8:22cv2244, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Tort, Product Liability, Jurisdiction
J. Simms grants Washington Metro Transit’s motion to dismiss claims of negligence and liability brought by a rider, whom another wheelchair-using passenger assaulted while both rode the bus. The passenger allegedly assaulted the rider by hitting and choking her with her purse. When she reported this to the driver, he pulled over and got off the bus, leaving the rider to be further assaulted by the passenger. However, the transit authority is protected by qualified immunity as a government service and therefore owes no duty of care to the rider.
Court: USDC Maryland, Judge: Simms, Filed On: July 10, 2023, Case #: 8:21cv2373, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Tort, Assault
J. Simms grants a county executive his motion for summary judgment following allegations of age and race discrimination brought by a lawyer looking to change careers and become a county police officer. Said applicant, a 53-year-old Black man, claims that two of three interviewers who were white behaved rudely and were standoffish while the third, a Black man, was kind and accommodating. The applicant did not score high enough on the interview to continue the process. Although the applicant believes he was not hired because of discrimination, he does not present sufficient evidence to proceed.
Court: USDC Maryland, Judge: Simms, Filed On: June 21, 2023, Case #: 8:20cv3006, NOS: Employment - Civil Rights, Categories: Government, Employment Discrimination
J. Simms denies reconsideration of an asphalt roller operator’s motion to dismiss a personal injury suit brought by the operator’s coworker after he hit and injured him with the roller. While the operator argues that this suit cannot proceed according to the jurisdiction in which the injury occurred — Washington D.C. — Maryland actually has a greater interest in the case based on its workers’ compensation law. Therefore, the coworker’s claim cannot be dismissed based on jurisdiction.
Court: USDC Maryland, Judge: Simms, Filed On: June 9, 2023, Case #: 8:22cv1076, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Tort, Workers' Compensation