Where a maintenance worker admitted that his job required frequently lifting light objects, and occasionally lifting heavy objects, and he could no longer perform those essential functions, his employment was ended for a legitimate business reason. Background Terry Harris, who ...

Tagged with: Employment Discrimination Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where a party to a limited partnership agreement repeatedly breached that agreement but the other limited partner did not offer evidence that the breaches caused any injury or damage, only $1 in nominal damages was awarded on each claim. Background ...

Tagged with: Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where the provider of environmental and waste disposal services alleged there was an express agreement to be paid for its services, its unjust enrichment claim was dismissed because a party may not pursue such a claim if an express contract ...

Tagged with: Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District

A suit alleging various claims arising out of a mortgage default and subsequent receipt of notice of foreclosure was dismissed because the various counts were not cognizable or supported by sufficient factual allegations. Background Dion Robinson sues Abby Moynihan, McCabe ...

Tagged with: Banking Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where a tenant was sued for negligently allowing its subtenant to start a fire that caused nearly $400,000 in damage, the tenant’s motion to dismiss was granted because it had no duty to protect others from the harmful acts of ...

Tagged with: Judge John A. Gibney Jr. Negligence U.S. District Court - Eastern District

Where the former Veterans Affairs’ medical center employee alleged his supervisor treated him differently because of his race and religion, that the supervisor’s actions resulted in lower wages and that the supervisor had a history of treating other similarly situated ...

Tagged with: Employment Discrimination Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where a school board moved for sanctions against the plaintiff in state court, her federal suit against the school board, its outside law firm and the attorney was dismissed because the sanctions motion did not violate the Americans with Disabilities ...

Tagged with: Judge John A. Gibney Jr. Tort U.S. District Court - Eastern District

An employer defending an Equal Pay Act claim can point to prior salary as a factor other than sex that explains the pay differential between the employee and their alleged comparators. Background The four named plaintiffs and the defendant, the ...

Tagged with: Employment Discrimination Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where the designer and builder never identified a third party contract or business relationship that was interfered with through the defendant’s conduct, their tortious interference claim failed as a matter of law. At best, they showed they had a business ...

Tagged with: Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where an officer claimed she acted reasonably in shooting the robbery suspect because she could not see his left hand and he refused to cooperate with her commands, she had no specific evidence that he carried a weapon or posed ...

Tagged with: Civil Rights Judge John A. Gibney Jr. U.S. District Court - Eastern District