18 results for 'judge:"Vratil"'.
J. Vratil grants in part an immigrant's review of a decision of the Board of Immigration Appeals affirming the denial of asylum. The record supported that the immigrant experienced past harm rising to the level of persecution, that the BIA was incorrect in its internal relocation analysis for purposes of asylum and withholding of removal, and substantial evidence supported the denial of protection under the Convention Against Torture. However, substantial evidence supported the BIA’s findings that the immigrant did not suffer past torture and is not likely to suffer future torture.
Court: 9th Circuit, Judge: Vratil, Filed On: March 22, 2024, Case #: 22-211, Categories: Immigration
J. Vratil rules a pet food equipment company may pursue unjust enrichment claims against commercial food byproducts company. The pet food equipment company sufficiently alleged that the commercial byproducts company overcharged it for goods and services, and "kept its descriptions vague" in order to mark up its profit margin.
Court: USDC Kansas, Judge: Vratil, Filed On: March 18, 2024, Case #: 2:23cv2575, NOS: Other Contract - Contract, Categories: Fraud, Jurisdiction, Contract
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J. Vratil partly grants a property company's motion for summary judgment on negligent misrepresentation claims against an insurance company. The property company sufficiently showed in court that the insurance company's adjuster represented that he would combine claim adjustments in order to move ahead on bids for repairs.
Court: USDC Kansas, Judge: Vratil, Filed On: January 16, 2024, Case #: 2:22cv2161, NOS: Insurance - Contract, Categories: Insurance, Property
J. Vratil grants a postmaster general's motion to dismiss an employee's disability discrimination claims. The postmaster general sufficiently showed in court that the employee, who may suffer from post trauma, failed to disclose her claims in bankruptcy court.
Court: USDC Kansas, Judge: Vratil, Filed On: January 11, 2024, Case #: 5:23cv4053, NOS: Employment - Civil Rights, Categories: Bankruptcy, Ada / Rehabilitation Act, Employment
J. Vratil rules an employee may pursue Americans with Disabilities Act violations against a community college. The employee, who is disabled, sufficiently showed in court that the community college refused to allow her to teach classes remotely, despite her vulnerability to Covid-19.
Court: USDC Kansas, Judge: Vratil, Filed On: December 18, 2023, Case #: 2:23cv2219, NOS: Employment - Civil Rights, Categories: Education, Employment, Covid-19
J. Vratil denies a group of consumers who purchased bonded abrasive discs from an electrical tool company's motion for class certification. The electrical tool company, which may have failed to place a warning label on its products, showed in court that the consumer failed to meet class action requirements.
Court: USDC Kansas, Judge: Vratil, Filed On: December 7, 2023, Case #: 2:23cv2028, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Negligence, Product Liability, Class Action
J. Vratil rules a former lube technician employee may pursue associational ADA discrimination claims against his employer. The former employee sufficiently showed in court that his former supervisor terminated him from the company for taking time off to visit his wife in the hospital, who suffered brain trauma, and not for leaving without notice under the employer's job abandonment policy.
Court: USDC Kansas, Judge: Vratil, Filed On: October 25, 2023, Case #: 2:22cv2381, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Vratil finds that the district court improperly imposed a civil penalty of more than $1.7 million against an individual in a Securities and Exchange Commission’s civil enforcement action against the individual and his attorney for violations of federal securities laws. The individual identified genuine issues of material fact on two additional factors that the district court considered in imposing the civil penalty including the degree of his scienter and his recognition of the wrongful nature of his conduct. Reversed.
Court: 9th Circuit, Judge: Vratil, Filed On: June 13, 2023, Case #: 21-55859, Categories: Securities