11 results for 'judge:"Wormuth"'.
J. Wormuth grants, in part, the injured driver's motion to compel discovery, ruling the at-fault driver's employer must provide responses to interrogatories about all vehicles driven by the employee in the year leading up to the crash, as well as those about manuals and instructional guides on driving possessed by the driver at the time of the crash, as they are relevant to the case.
Court: USDC New Mexico, Judge: Wormuth, Filed On: January 24, 2024, Case #: 1:23cv660, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Discovery
J. Wormuth denies the environmental groups' petition for an injunction, ruling such a decision will have no real-world effect on the habitat of the New Mexico meadow jumping mouse. Grazing in its habitat has concluded for the 2023 calendar year and will not resume until a new biological opinion has been released by the National Fish and Wildlife Service; therefore, the claims are moot.
Court: USDC New Mexico, Judge: Wormuth, Filed On: November 17, 2023, Case #: 2:21cv733, NOS: Environmental Matters - Other Suits, Categories: Environment, Injunction
J. Wormuth denies, in part, the school's motion to dismiss, ruling the peer-to-peer harassment claim filed under Title IX by the student who was sexually assaulted by her teacher is plausible at this stage, given the student was bullied continuously after she made allegations of harassment.
Court: USDC New Mexico, Judge: Wormuth, Filed On: November 3, 2023, Case #: 2:20cv276, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Wormuth recommends granting the logistics company's motion for default judgment against the trucking company, ruling the trucking company's willful refusal to appear for a deposition after a court order prejudiced the logistics company and requires judgment in its favor on the spoliation crossclaim. The logistics company is also entitled to attorney fees for all losses related to the trucking company's failure to comply with discovery orders, as well as any work performed in relation to the current motion.
Court: USDC New Mexico, Judge: Wormuth, Filed On: October 27, 2023, Case #: 2:21cv986, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Sanctions, Discovery, Attorney Fees
J. Wormuth denies, in part, a village's motion to dismiss an employee's Monell liability claim related to the reduction in his job duties and pay. The worker has sufficiently alleged the village's allowance of the mayor to act as the final policymaker is an unconstitutional policy.
Court: USDC New Mexico, Judge: Wormuth, Filed On: September 30, 2023, Case #: 1:23cv52, NOS: Employment - Civil Rights, Categories: Employment, Immunity, Due Process
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J. Wormuth denies the patient's motion for a new trial, ruling questioning by the dentist's attorney about the patient's sexual assaults, which resulted in his present disability, conformed with this court's limiting instruction and did not unfairly influence the jury. Meanwhile, evidence about the patient's smoking history was not prejudicial because it was contained in numerous medical records admitted without objection, while he could also have testified about whether he smoked immediately after the dental implant surgery.
Court: USDC New Mexico, Judge: Wormuth, Filed On: September 13, 2023, Case #: 1:21cv492, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Evidence, Jury, Medical Malpractice
J. Wormuth denies the student's motion for summary judgment, ruling she cannot prevail on her Equal Protection sexual harassment claim against her former teacher. Although he pleaded guilty to criminal charges that stemmed from his behavior, he never admitted to touching students for his sexual gratification, a requirement of the Equal Protection claim.
Court: USDC New Mexico, Judge: Wormuth, Filed On: August 17, 2023, Case #: 2:21cv574, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Due Process, Equal Protection
J. Wormuth grants, in part, the female student's motion for summary judgment, ruling the former teacher's sexual harassment, including grabbing the student's butt on several occasions, touching her thigh inappropriately while she slept on a school bus, and hugging her excessively, meets the level of behavior required under the conscience shocking standard and entitles the student to judgment on her substantive due process claim. However, despite the teacher's guilty plea to criminal charges that stemmed from his behavior, he did not admit to engaging in the conduct for the purposes of sexual gratification and so the student is not entitled to judgment on her Equal Protection sexual harassment claim.
Court: USDC New Mexico, Judge: Wormuth, Filed On: August 17, 2023, Case #: 2:20cv276, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, Equal Protection
J. Wormuth grants a public school teacher’s leave to file an answer after he was sued by a former student for allegedly sexually grooming her and otherwise violating her civil rights — conduct that led to a criminal charge against the teacher for sexual contact with a minor. The teacher has shown “excusable neglect” for failing to timely file, and besides this court prefers to “decide claims on their merits rather than on pleading technicalities” — though he may not assert new qualified immunity defenses, as he has not done so before and his delay on that front is not excusable.
Court: USDC New Mexico, Judge: Wormuth, Filed On: July 28, 2023, Case #: 2:20cv276, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Immunity
J. Wormuth grants a public school teacher’s leave to file an answer after he was sued by a former student for allegedly sexually grooming her and otherwise violating her civil rights. The teacher has shown “excusable neglect” for failing to timely file, and besides this court prefers to “decide claims on their merits rather than on pleading technicalities” — though he may not assert new qualified immunity defenses, as he has not done so before and his delay on that front is not excusable.
Court: USDC New Mexico, Judge: Wormuth, Filed On: July 28, 2023, Case #: 2:21cv574, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Immunity