11 results for 'judge:"Tharp"'.
J. Tharp grants Illinois’ motion to dismiss Volkswagen’s constitutional challenge to the Illinois Motor Vehicle Franchise Act, which makes it so independent auto dealerships operate independently of “legacy” auto manufacturers like Volkswagen, meaning Volkswagen can’t operate service centers in independent dealerships. But because new and pre-owned vehicles come with manufacturer warranties, Volkswagen still has to reimburse the independent dealerships for any repair and service work they do to their customers’ cars. Volkswagen claims a 2022 amendment to the Act meant to give auto repair workers greater compensation violates its free speech, due process and equal protection rights. But the court finds Volkswagen has failed to state an actionable claim for its due process and equal process claims, and lacks standing for its First Amendment allegations.
Court: USDC Northern District of Illinois, Judge: Tharp, Filed On: May 6, 2024, Case #: 1:22cv7045, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Vehicle, Due Process
J. Tharp partially grants a health care networking service’s motion to compel the production of documents from a number of pharmacies. The pharmacies allege the health care networking service has an illegal monopoly over e-prescription routing and patient eligibility transmission. The court compels the pharmacies to produce sales records of prescription medications to Michigan patients, but declines the networking service’s request for the pharmacies to produce a privilege log.
Court: USDC Northern District of Illinois, Judge: Tharp, Filed On: March 20, 2024, Case #: 1:19cv6627, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Discovery
J. Tharp grants a pro se litigant’s motion to dismiss and amend his complaint against Aurora, several police officers and members of state and local governments. The litigant, a Black man, believes he was unfairly targeted for a traffic stop by Aurora police and brought suit in parallel to his unsuccessful fight against the traffic citations. The court finds numerous deficiencies with his complaint as it stands, so will allow him to refile it with improvements to several claims. Other claims are so frivolous, the court opines, that they are dismissed outright with prejudice.
Court: USDC Northern District of Illinois, Judge: Tharp, Filed On: March 20, 2024, Case #: 1:20cv2549, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Vehicle
J. Tharp partially grants both Ledo pizza parties’ motions for summary judgment on their combined half dozen competing trademark claims for the “Ledo” mark. The court precisely slices these complex competing claims, including abandonment and allegedly void trademark registrations, in a manner more thoroughly laid out in the opinion itself.
Court: USDC Northern District of Illinois, Judge: Tharp, Filed On: March 7, 2024, Case #: 1:20cv7350, NOS: Trademark - Property Rights, Categories: Trademark
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Tharp partially grants a group of logistics workers’ motion for class certification against their employer, a trucking company. Workers from several of the company’s facilities claim they were illegally made to work without pay before the start and after the end of their shifts, and were subject to automatic time deductions for lunch breaks they should have been paid for. The court, after getting into the composition of the proposed class, allows only workers from the company’s Baltimore, New Orleans and Woodland, California, to join the class.
Court: USDC Northern District of Illinois, Judge: Tharp, Filed On: October 6, 2023, Case #: 1:20cv7711, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Transportation, Labor
J. Tharp denies a third party investment firm’s motion to compel arbitration in this RICO suit, finding it waited too long before making the motion. The court also finds that, as it was not a signatory to the underlying disputed loans between a lending firm and a borrower, it has not shown any nonparty enforcement doctrine under Illinois law that could compel arbitration.
Court: USDC Northern District of Illinois, Judge: Tharp, Filed On: August 25, 2023, Case #: 1:22cv750, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Arbitration, Banking / Lending, Racketeering
J. Tharp partially grants a mortgage lending firm’s motion to dismiss numerous claims brought by one of the firm’s clients. The client alleges the firm’s agents illegally ransacked his home and stole his belongings before changing the property’s locks, all as part of a foreclosure order the firm levied against him. The firm denies any allegations of wrongdoing, blaming unknown petty thieves for the theft of the client’s belongings. The court splits the difference; dismissing the client’s deceptive practices, negligence and breach of contract claims, while allowing his trespass, conversion, conspiracy and unfair practices claims to stand. The court also bifurcates the client’s unfair debt collection claims, dismissing certain ones and preserving others.
Court: USDC Northern District of Illinois, Judge: Tharp, Filed On: August 15, 2023, Case #: 1:18cv7325, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Conversion, Banking / Lending
J. Tharp partially grants an Illinois village's motion for summary judgment on disability and sex discrimination claims brought by a former village police officer. The former officer claims she was denied a light duty position after she was injured on the job and was eventually fired. She has reasonably alleged that the police department failed to accommodate her when her injury seemed like it would mend. There are still factual disputes as to whether her sex played a role in that failure to accommodate. However, the village was within its rights to fire her after it became apparent her disability was permanent, as no permanent light duty positions were available and the law does not compel the village to create any such positions.
Court: USDC Northern District of Illinois, Judge: Tharp, Filed On: July 27, 2023, Case #: 1:18cv4490, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination