22 results for 'judge:"Xinis"'.
J. Xinnis grants a former employee’s motion for leave to file surreply and his cross-motion for summary judgment in this employment contract dispute brought by a staffing agency. The staffing agency alleges the employee sent confidential company information to his personal email address before starting a position with a competitor. In this second amended complaint, the staffing agency claims breach of contract, breach of duty of loyalty and conversion. The agency fails to show the employee deprived the corporation of a record that could be returned, offers no evidence that customers were solicited, and there is no evidence that he ever had exclusive possession of records. The agency’s motion for summary judgement is denied on all claims.
Court: USDC Maryland, Judge: Xinis, Filed On: March 26, 2024, Case #: 8:22cv1516, NOS: Other Contract - Contract, Categories: Employment, Contract
J. Xinis grants, in part, a credit union, a law firm and its attorney’s motion for summary judgment in this contract dispute claiming the claims are barred by res judicata because this case was fairly litigated in state court. The borrower alleged the attorney had acted as an unlicensed debt collector for the credit union during the state litigation when the state and judge were dismissed from all claims. The borrower’s contract claims are the same as they were in state court, the attorney is not a state actor because he represented the credit union, and no plausible interference can be found. All claims but the breach of contract one are dismissed. The borrower’s motion to strike answer and his motion to reconsider dismissal of the judge and state are denied, but she has 21 days to amend the complaint.
Court: USDC Maryland, Judge: Xinis, Filed On: March 22, 2024, Case #: 8:23cv1667, NOS: Other Civil Rights - Civil Rights, Categories: Debt Collection, Banking / Lending, Contract
J. Xinis grants, in part, the insurers motion to dismiss this healthcare insurance coverage dispute brought by two surgery centers. The surgery centers allege the insurers violated MPCA and ERISA by denying close to 600 healthcare benefit claims. The court granted the parties many times to cure pleading deficiencies and the surgery centers never complained during discovery. Therefore, the surgery centers cannot cure the deficiencies moving forward to the dismissed claims before this amended complaint but may seek leave to amend the alternative equitable theory of relief by the assignees.
Court: USDC Maryland, Judge: Xinis, Filed On: March 21, 2024, Case #: 8:21cv2680, NOS: Insurance - Contract, Categories: Health Care, Insurance
J. Xinis grants a homeowner’s motion for summary judgment and denies a merger mortgage company’s cross motion for summary judgment in this RESPA case regarding money owed on a mortgage. The homeowner alleges he has suffered from emotional distress stemming from a form sent to credit reporting agencies, and a reasonable juror could find that he did in fact suffer the emotional distress. The court agrees with the lender, that the borrower may not seek statutory damages.
Court: USDC Maryland, Judge: Xinis, Filed On: February 22, 2024, Case #: 8:19cv2797, NOS: Other Statutory Actions - Other Suits, Categories: Property, Emotional Distress, Banking / Lending
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J. Xinis grants the former business partners, the state attorney office, investigators and prosecutors’ motion to dismiss this criminal investigation and prosecution of a Persian man. The man claims common law and constitutional torts were violated when he was investigated and prosecuted for criminal theft. He failed to show or cure any pleading defects in his complaint. Therefore, all claims are dismissed and his motion for leave is denied.
Court: USDC Maryland, Judge: Xinis, Filed On: February 20, 2024, Case #: 8:23cv1357, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution, Tort
J. Xinies denies an insurer and its third-party vendor’s motion for summary judgment in this class Telephone Consumer Protection Act action brought by an insured. The consumer was in a vehicle accident and contacted his insurer to start a claim, the following day the vendor started contacting by a voice recording phone call in an attempt to schedule an independent medical exam. The insurer was to contact the attorney regarding the vehicle accident and consumer. Therefore, a factfinder could find that the vendor was undermining any claims by contacting the consumer and not his attorney.
Court: USDC Maryland, Judge: Xinis, Filed On: February 14, 2024, Case #: 8:21cv2746, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Insurance, Vehicle, Negligence
J. Xinis grants the Jacobsen family’s motion to dismiss this interpleader action seeking to be discharged from a dispute over the ownership interest in Lakewood that is divided by five family groups. The Jacobsen family alleges res juicata precludes relitigation on the question of involuntary transfer after the decedent passed away. The court agrees and dismisses the Jacobsen family because no preclusion of the claims could be cured, and the family may file an amended crossclaim and counterclaim. The Voith family’s motion to strike, renewed motion to strike, motion for denial or deferral of motion to dismiss or summary judgment, and motion for leave to file surreply are all denied. Lakewood’s motion to dismiss and motion to strike are denied as moot.
Court: USDC Maryland, Judge: Xinis, Filed On: February 4, 2024, Case #: 8:23cv868, NOS: Other Statutory Actions - Other Suits, Categories: Property
J. Xinis grants, in part, three police officers’ motion to dismiss in this civil rights action brought by a citizen alleging excessive use of force, Violent Crime Control and Law Enforcement Act, ADA and Rehabilitation Act. The officers responded to a wellness check for a mentally ill person and were not provoked by the citizen before they used force to take her down to the ground. The excessive force claim remains and all other claims are dismissed. The citizens motion to appoint counsel is granted.
Court: USDC Maryland, Judge: Xinis, Filed On: January 25, 2024, Case #: 8:23cv459, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Police Misconduct
J. Xinis grants, in part, Walmart’s motion to dismiss the employment dispute brought by a former Black male employee alleging race discrimination, sexual harassment, workplace assault and harassment, negligent supervision and retention, emotional distress, and retaliation. The former employee fails to plausibly connect the reallocation of his job duties to his use of administrative remedies on the sexual harassment and retaliation claims, and fails to make a plausible claim for the other claims. The former employee has 21 days to file an amended complaint and Walmart has 14 days after the filing to respond.
Court: USDC Maryland, Judge: Xinis, Filed On: January 22, 2024, Case #: 8:23cv1131, NOS: Employment - Civil Rights, Categories: Emotional Distress, Employment Discrimination, Employment Retaliation
J. Xinis grants a urology practice’s motion to dismiss for failure to state a claim in this employment dispute brought by two former employees in allegations of failure to provide accommodations, race discrimination, hostile work environment and retaliation. One of the employees’ claims are dismissed for failure to state a claim or show an adverse action; the other’s are dismissed with leave to file an amended complaint to provide a statement of fact why she was the brunt of adverse action claims.
Court: USDC Maryland, Judge: Xinis, Filed On: December 18, 2023, Case #: 8:23cv213, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Xinis grants the school and host parent’s motion to dismiss this negligence and contract dispute brought by the parents of an exchange student, who say the student was sodomized by his host parent. The parents fail to make a plausible liability theory of negligence or state any facts which support the existence of an implied-in-fact contract. The parents’ motion for leave is granted to cure any defects as to the school only in their amended complaint.
Court: USDC Maryland, Judge: Xinis, Filed On: November 1, 2023, Case #: 8:22cv3117, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Contract
J. Xinis grants summary judgment to the environmental waste management firm that was sued by its former Engineering and Nuclear Safety Manager for unjust enrichment after the hire was not placed on a government contract in alleged violation of the parties’ agreement. His allegations were speculative and the company would not have benefitted from including the manager in the bid for the contract.
Court: USDC Maryland, Judge: Xinis, Filed On: September 28, 2023, Case #: 8:21cv2059, NOS: Other Contract - Contract, Categories: Energy, Government, Contract
[Consolidated.] J. Xinis denies a loan company its motions to compel arbitration and to strike class allegations after two customers brought suit against it for consumer credit protections violations. The customers claim that the company offered credit cards to them, then worked with a third-party institution to offer the short-term unsecured credit, and then bought back the loans in order to obtain the payments. The company argues that the customers are subject to an arbitration provision in the agreement they signed. However, the provision states that the company can change any term in the agreement at any time. In effect, this means that the company has not agreed to any definite guarantees in return for the customers agreeing to accept binding arbitration instead of litigation. Therefore, the provision is unenforceable and the company has no standing for either of its motions.
Court: USDC Maryland, Judge: Xinis, Filed On: September 7, 2023, Case #: 8:22cv2001, NOS: Consumer Credit - Other Suits, Categories: Arbitration, Consumer Law, Class Action
J. Xinis grants the director of the Peace Corps her summary judgment following allegations of race, sex and disability discrimination brought by the former chief administrative officer. While the officer, a Black and Hispanic woman, claims that her supervisors would not allow her to telework as much as she initially requested due to caring for her autistic son, this is not enough evidence to pursue allegations under Title VII. She also used comparisons between the treatment she received and that received by three white men and one Black man in the agency, who were all granted regular telework. However, these men did not have similar work roles to the officer, which invalidates her comparisons. She also fails to sufficiently argue disability discrimination because her diagnosis of a “strained heart” due to stress was unknown to the agency until she sued them. Additionally, she can only claim disability for herself, not because she a disabled son for whom she need to care.
Court: USDC Maryland, Judge: Xinis, Filed On: September 7, 2023, Case #: 8:22cv1185, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Xinis grants summary judgment to a biotechnology firm following allegations of sexual harassment brought by a male IT administrator, whom the firm eventually fired. The administrator claims that after he began a quasi-romantic relationship with one of the staff’s daughter, who also worked at the firm, that she sexually harassed him via text and made several advances on him in person. Shortly after the administrator filed an EEOC claim, the firm eliminated his position. However, he also flirted back with the daughter frequently and lapsed in his work due to applying for grad school. He also would not share certain information for discovery, so his claim does not stand.
Court: USDC Maryland, Judge: Xinis, Filed On: August 16, 2023, Case #: 8:18cv2941, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Xinis grants a legal practice its motion to dismiss an amended complaint brought by a former CVS employee who sued the store for civil rights violations, then sued the practice for various allegations after it declined to continue representing him. Although the employee had been awarded $125,000 in compensatory damages from CVS, the practice stopped representing him after that. He claims legal malpractice and fraud. The attorneys’ competence, although apparently not up to snuff for the employee, and its decision to withdraw does not demonstrate malpractice or fraud.
Court: USDC Maryland, Judge: Xinis, Filed On: July 20, 2023, Case #: 8:22cv1470, NOS: Other Civil Rights - Civil Rights, Categories: Fraud, Legal Malpractice, Employment Discrimination
J. Xinis grants the motion to dismiss brought by the wife of a man who attacked his mistress, who brought negligence claims against the wife because she allegedly did not call police after learning her husband had attacked the mistress. The man assaulted her at a restaurant, which the mistress sued also, after the two broke up. The wife does not owe the mistress a duty of care, so she was not negligent. The restaurant, however, is liable because the assault continued for quite some time without any staff intervention, so its motion to dismiss is denied.
Court: USDC Maryland, Judge: Xinis, Filed On: July 10, 2023, Case #: 8:21cv3084, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Negligence, Assault
J. Xinis partially grants the EEOC's motion for default judgment in a sexual harassment and retaliation suit against a business consulting firm. A supervisor for the firm suggested that a USDA FOIA processor have sex with him and that he could "work around" his wife and the processor's boyfriend to do so. After the processor made it clear that the supervisor's behavior was unwelcome, he stopped his advances, but fired her three months later against the USDA's wishes and despite her excellent job performance, making retaliation here a legitimate claim.
Court: USDC Maryland, Judge: Xinis, Filed On: July 5, 2023, Case #: 8:21cv2496, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Xinis grants T.J. Maxx’s motion for summary judgment following allegations of race discrimination brought by a former store manager. The manager, a Black woman, was fired, but she had several incidents of forgery in her record over her five years with the company. Also, other Black employees of similar stature were not discriminated against due to race and a Black person was hired in her place, so she lacks standing.
Court: USDC Maryland, Judge: Xinis, Filed On: May 25, 2023, Case #: 8:20cv3204, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Xinis partially grants the Screen Actors Guild’s motion to dismiss breach of contract claims brought by a former actor and his wife regarding health care benefits they invested in 40 years ago. The actor argues that because the couple paid into retirement when he was a union member in the 1980s, he has a right to claim them now. However, ERISA, as a federal program, overrides the state-based union benefits and the couple should seek them through ERISA.
Court: USDC Maryland, Judge: Xinis, Filed On: May 25, 2023, Case #: 8:21cv2618, NOS: Other Contract - Contract, Categories: Erisa, Contract