12 results for 'judge:"Strickland"'.
J. Strickland denies dairy cooperatives' motion to dismiss, ruling that although the initial price-fixing actions alleged by the dairy farmers took place in 2015 — well outside the four-year statute of limitations for antitrust claims — there is a viable “continuing violation” claim because the price decreases could not be sustained without repeated action on the part of the cooperatives.
Court: USDC New Mexico, Judge: Strickland, Filed On: March 11, 2024, Case #: 2:22cv251, NOS: Antitrust - Other Suits, Categories: Antitrust, Civil Procedure
J. Strickland grants the cigarette distribution company's motion to dismiss, ruling that because it is headquartered in Virginia and the estate has put forth no evidence to show it conducted business in New Mexico, this court lacks jurisdiction over the party.
Court: USDC New Mexico, Judge: Strickland, Filed On: March 4, 2024, Case #: 2:23cv1136, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Jurisdiction, Wrongful Death
J. Strickland grants the "medically fragile" minors' motion for class certification on their claims against the New Mexico Human Services Department regarding its alleged failure to provide private duty nursing staff, as required under the Medicaid Act. Testimony from health care providers established the requisite number of patients and shortfall of nursing care to satisfy commonality and numerosity requirements, while the differences in care requirements for the class members are not so distinct as to require individualized representation.
Court: USDC New Mexico, Judge: Strickland, Filed On: December 12, 2023, Case #: 1:22cv325, NOS: Other Contract - Contract, Categories: Health Care, Medicaid, Class Action
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J. Strickland denies, in part, the police officer's motion for summary judgment on the grounds of qualified immunity, ruling that because the decedent had committed no crime and posed no danger to anyone at the time of the initial questioning and detainment, the estate has set forth a plausible Fourth Amendment claim for unreasonable search and seizure. Additionally, the wrongful death and excessive force claims will proceed, as the officer knew or should have known the decedent was unarmed at the time of his arrest and, therefore, the use of a taser and other force to take him to the ground shortly before his death was objectively unreasonable.
Court: USDC New Mexico, Judge: Strickland, Filed On: December 12, 2023, Case #: 1:22cv703, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Strickland grants, in part, the class's motion for conditional certification, ruling the worker's declaration of a uniform policy of auto-deduction of a meal break by the health care company satisfies commonality requirements and states a plausible claim under the Fair Labor Standards Act.
Court: USDC New Mexico, Judge: Strickland, Filed On: October 31, 2023, Case #: 1:23cv128, NOS: Fair Labor Standards Act - Labor, Categories: Health Care, Class Action, Labor
J. Strickland grants, in part, the city's motion to dismiss, ruling the aircraft company's negligence claim related to its lockout from a hangar does not constitute a claim for property damage and, therefore, the city and its officials are entitled to sovereign immunity.
Court: USDC New Mexico, Judge: Strickland, Filed On: October 31, 2023, Case #: 2:22cv218, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Immunity, Negligence
J. Strickland grants the oil drilling company's motion to dismiss, ruling the worker's personal injury suit is barred by the three-year statute of limitations. The New Mexico savings statute, which grants a 6-month grace period, does not apply because the original action filed in Texas was also filed outside of that state's statute of limitations.
Court: USDC New Mexico, Judge: Strickland, Filed On: September 22, 2023, Case #: 1:22cv345, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Negligence
J. Strickland grants the dental licensing board members' motion to dismiss, ruling the dentist's claims are time-barred because he failed to file them within three years of his license revocation, the latest time at which his due process and conspiracy claims began to accrue.
Court: USDC New Mexico, Judge: Strickland, Filed On: August 21, 2023, Case #: 1:23cv189, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Licensing, Due Process
J. Strickland stays a putative labor class action alleging underpayment of wages until arbitration between the company and third-party independent contractors can conclude. While this court is “sympathetic” to the power asymmetry between the workers and the company, which contracted them through a third-party employment agency, the parties had a valid arbitration agreement and the company has “consistently indicated its intent to arbitrate.”
Court: USDC New Mexico, Judge: Strickland, Filed On: July 27, 2023, Case #: 2:20cv1166, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Class Action, Labor