Western Michigan Federal Courts
Posts Categorized Judge Janet T. Neff
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Wielding a Scalpel, Court Grants Injunction In Favor of Surgical Instrument Manufacturer
May 20, 2013Headquartered in Kalamazoo, Michigan, Stryker Corporation is a manufacturer of surgical instruments, including image guided "navigation software and hardware" that enables surgeons to precisely insert implants or perform surgeries. In 2004, Stryker hired Defendant James Bruty as a sales… Read More » -
Court Grants Summary Judgment for Non-Moving Party in Sales Representative Dispute
February 11, 2013When deciding whether to file a summary judgment motion, attorneys should be careful to consider the possibility that the court may choose to enter summary judgment in favor of the non-moving party. This is what recently occurred in Dietrich v. Bell Inc., Case No. 1:11-cv-1145.
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Court Grants Summary Judgment Against Coca-Cola in Breach of Collective Bargaining Agreement Claim by United Steel Workers
November 28, 2012In Local Union 2-2000 United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied-Industrial, Chemical and Service Workers International Union v. Coca-Cola Refreshments U.S.A. Inc., the Honorable Janet T. Neff granted summary judgment in favor of the United Steel Workers against Coca-Cola on a breach of contract claim concerning wage increases under the parties' collective bargaining agreement.
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Retail Stores: Know Your Duty of Care
October 25, 2012In Egan v. Bed Bath & Beyond Inc.,where a customer alleged that Bed Bath & Beyond negligently had an obstruction in an aisleway, Judge Neff found that Bed Bath & Beyond did not breach its duty of care to the customer.
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Michigan Campaign Finance Act Survives Appellate Challenge
July 12, 2012The Honorable Janet T. Neff, U.S. District Judge, denied Greg McNeilly's request for a preliminary injunction challenge to Michigan's campaign finance limits on individual contributions to candidates for state office in McNeilly v. Land, No. 10-2244 (July 3, 2012). Plaintiff McNeilly challenged the constitutionality of the individual contribution limits, filing an action against the then Michigan Secretary of State, Terri Lynn Land, in federal court.
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Summary Judgment Denied in Lawsuit Over Unsolicited Fax Advertisements
June 27, 2012The Telephone Consumer Protection Act (the "TCPA"), 47 U.S.C. § 227, took center stage in a recent opinion by the U.S. District Court for the Western District of Michigan in Van Sweeden Jewelers, Inc. v. 101 VT, Inc., Case No. 1:10-cv-253 (Hon. Janet T. Neff, presiding). The TCPA prohibits the use of "any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine, an unsolicited advertisement" and provides for statutory damages of $500 per violation or the actual monetary loss from the violation, whichever is greater, to a TCPA plaintiff. 47 U.S.C. § 227(b)(1)(C) and (b)(3).
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