11 results for 'judge:"Torresen"'.
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. Torresen denies in part an insurance company’s motion for summary judgment against one of its insureds who accidentally caused a tree to fall and both the tree and his father’s visiting friend to be dragged by his truck, seriously injuring his father’s friend. While the insurance company says it wishes to be exempted from defending its insured, it doesn’t articulate arguments to support such an exemption.
Court: USDC Maine, Judge: Torresen, Filed On: November 29, 2023, Case #: 2:23cv148, NOS: Insurance - Contract, Categories: Insurance, Negligence, Indemnification
J. Torresen grants summary judgment in favor of a city and its firefighter who were involved in an unsuccessful rescue attempt where a man, who was off his medication and had assaulted his girlfriend and a bystander, stripped and ran into a body of water and eventually died of hypothermia or drowning. It is too speculative to claim that the firefighter’s statement to the man who drowned, that the firefighter would “kick his ass” if he came out of the water, caused the man to stay in the water long enough to die of hypothermia or drowning.
Court: USDC Maine, Judge: Torresen, Filed On: November 27, 2023, Case #: 2:21cv267, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Due Process, Wrongful Death
J. Torresen denies in part a town’s motion to dismiss a town resident's lawsuit against it for allegedly violating his First Amendment and Fourteenth Amendment rights. The town claims that the lawsuit violates their Eleventh Amendment protections as state officials but its unclear if the town’s State Trooper is being sued just in his official capacity or in his individual capacity, and if its the latter, then the Eleventh Amendment doesn’t apply.
Court: USDC Maine, Judge: Torresen, Filed On: September 29, 2023, Case #: 1:23cv50, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government, First Amendment
J. Torresen grants a former defendant's motion for judgment as a matter of law against an individual who previously sued her for breach of contract and promissory estoppel. A jury granted the individual $0.00 for her breach of contract claim and she argues that this is because the jury planned to award her damages for promissory estoppel, but because her contract claim and promissory estoppel claim were both based on a contract, a promissory estoppel claim doesn't apply.
Court: USDC Maine, Judge: Torresen, Filed On: September 19, 2023, Case #: 2:21cv107, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Jury, Damages, Contract
J. Torresen declines to dismiss a convenience store employee’s suit claiming he was fired for enforcing the mask mandate during the Covid-19 pandemic. This caused a customer to swear at the employee, who swore back. While it is reasonable to fire an employee for swearing at a customer, there have been instances in the past where the employer has not fired an employee who swore at customers, suggesting the employee’s Covid-19 safety concerns were part of the decision to fire him.
Court: USDC Maine, Judge: Torresen, Filed On: September 19, 2023, Case #: 2:22cv26, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Covid-19, Whistleblowers
J. Torresen grants in part a paper manufacturer's motion to dismiss class action claims brought against it by homeowners who live near its Old Town mill, which they claim has not been maintained properly, resulting in emissions of harsh rotten egg odors that are a nuisance and have devalued surrounding properties. The homeowners' nuisance claims cannot be dismissed based on their lack of regulatory claims. Whether the mill "has exceeded the standards for sulfur emissions or whether something else has caused the odor problem to worsen are open questions that may become clear after discovery."
Court: USDC Maine, Judge: Torresen, Filed On: September 12, 2023, Case #: 1:22cv305, NOS: Torts to Land - Real Property, Categories: Environment, Tort, Zoning