Court: 9th Circuit, Judge: Graber, Filed On: January 27, 2023, Case #: 22-70002, Categories: Employment, Labor / Unions
J. Graber grants a petition for enforcement brought by the National Labor Relations Board and denies a cross-petition for review of an order of the Board, issued against a company that allegedly violated the National Labor Relations Act by refusing to recognize and bargain with Service Employees International Union, Local 215. The company argued that the Board’s General Counsel lacked authority to prosecute the unfair labor practice charge. The company did not present sufficient evidence to prove that work assigned to Registered Nurses using independent judgment was within the meaning of certain U.S. codified law.
Court: USDC Eastern District of Wisconsin, Judge: Dries, Filed On: January 27, 2023, Case #: 2:21cv600, Categories: Civil Rights, Constitution, Police Misconduct
J. Dries finds largely in favor of two white police officers who were sued by a Black teenage boy claiming they violated his Fourth and 14th Amendment rights when they stopped, frisked and detained him on suspicion of robbery while he was running down the street carrying a frozen turkey he was bringing to a neighbor. Though the facts show the teenager's Fourth Amendment rights were likely violated by the entire stop, frisk and detention, qualified immunity shields the officers from the teenager's Fourth Amendment claims related to stopping and frisking him because those actions could be justified by reasonable suspicion, in part due to a rash of robberies that had taken place in the area where the stop occurred. However, the officers likely violated clearly established law by continuing to hold the teenager after it became clear their suspicion of robbery had "mostly or completely dissipated," so qualified immunity does not shield them from his claim regarding his continued detention. The officers are also entitled to qualified immunity on the teenager's 14th Amendment equal protection claim, as the facts do not show he was treated differently because of his race.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: January 27, 2023, Case #: S-22-196, Categories: Evidence, Murder
J. Cassel finds the trial court properly convicted defendant for the murder of his ex-wife’s boyfriend. Several witnesses saw defendant shoot the victim several times while the victim lay injured on the ground. All of this occurred after a fight at a bar in which the victim did not fight back. All evidence supports conviction. Affirmed.
Court: Florida Courts Of Appeal, Judge: Khouzam, Filed On: January 27, 2023, Case #: 2D17-766, Categories: Insurance, Contract
J. Khouzam finds that the trial court improperly ruled in favor of the insurance company in this breach of contract claim brought by the homeowners against their insurance company after they denied coverage for sinkhole damage. There were genuine issues still in dispute and summary judgment was inappropriate. Reversed.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: January 27, 2023, Case #: S-22-199, Categories: Family Law, Due Process, Restraining Order
Per curiam, the Supreme Court of Nebraska finds the district court properly issued the protective order which father sought against his 38-year-old daughter, arising from allegations of domestic abuse. Daughter did not appear at the hearing which yielded the order, and claims that she was not properly served. The uncontradicted return of service is presumed to be accurate, and the evidence suffices to support the order. Affirmed.
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Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: January 27, 2023, Case #: 5D21-2528, Categories: Property, Banking / Lending
J. Lambert finds that the trial court improperly ruled in favor of the homeowners in a foreclosure case. The court should have admitted a pooling and servicing agreement that shows the bank had standing to file the complaint. Reversed.
Court: USDC Vermont, Judge: Hummel, Filed On: January 27, 2023, Case #: 2:22cv220, Categories: Civil Procedure, Civil Rights
J. Hummel grants the individual's request to proceed in forma pauperis but dismisses his complaint after conducting review of allegations including obstruction of justice. The complaint is "essentially unintelligible," but the individual will have the opportunity to amend the complaint.
Court: 9th Circuit, Judge: Per curiam, Filed On: January 27, 2023, Case #: 19-50305, Categories: Immigration
Per curiam, the Ninth Circuit votes to deny petition for rehearing in an immigration matter.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: January 27, 2023, Case #: S-22-425, Categories: Health Care, Commitment, Due Process
J. Cassel dismisses the developmentally disabled woman’s challenge to Nebraska’s pursuing her court-ordered custody and treatment. She appealed after the district court made the finding and ordered an evaluation and plan preparation but had not ordered involuntary custody. The determination that she was a person in need of custody and treatment, without further action, did not affect a substantial right, and is not a final, appealable order.
Court: 5th Circuit, Judge: Elrod , Filed On: January 27, 2023, Case #: 21-50469, Categories: Civil Rights, Government, First Amendment
J. Elrod finds the lower court improperly enjoined the Texas Capitol grounds preservation board from excluding a display of a “Bill of Rights” nativity scene on Capitol grounds as a response to a traditional nativity scene. Prior to this, the board amended rules, increasing its discretion to accept or reject exhibits, declaring that accepted exhibits constitute “government speech.” Several years after the board was ordered to accept the display, it repealed exhibits altogether, eliminating the public forum. Permanent injunctive relief cannot remain. Vacated.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: January 27, 2023, Case #: S-21-930, Categories: Murder, Parole, Sentencing
J. Funke finds the district court properly dismissed an inmate’s challenge to his sentence of life plus 13-to-42 years for murder and assault. The court found that parole eligibility claims are barred by preclusion because they could have been raised in a prior action and are also barred as being strictly a challenge to confinement. His Administrative Procedure Act claims are barred by sovereign immunity. Affirmed.
Court: Florida Courts Of Appeal, Judge: Sleet, Filed On: January 27, 2023, Case #: 2D21-2660, Categories: Burglary, Juvenile Law
J. Sleet finds that the trial court improperly found juvenile defendant guilty of burglary of an unoccupied property. There was insufficient evidence to support the conviction. Reversed.
Court: Florida Courts Of Appeal, Judge: Silberman, Filed On: January 27, 2023, Case #: 2D21-1162, Categories: Robbery, Domestic Violence, Jury Instructions
J. Silberman finds that the trial court improperly convicted defendant of robbery. The court erred in failing to give jury instructions for a lesser crime of "robbery by sudden snatching." Reversed in part.
Court: Vermont Supreme Court, Judge: Waples, Filed On: January 27, 2023, Case #: 22-AP-162, Categories: Constitution
J. Waples finds the trial court correctly determined that the individual's exclusion from the earned time program for a disqualifying offense did not violate the ex post facto clause. Though "it is true that an ex post facto violation may occur even where 'a statute merely alters penal provisions accorded by the grace of the legislature,' such a program must still be effective" at the time of the offense for its discontinuance to be a violation. Affirmed.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: January 27, 2023, Case #: S-21-807, Categories: Defamation, Due Process
[Consolidated.] J. Stacy finds the district court properly entered summary judgment in favor of a personal injury client’s aunt, who posted a humorously negative review of a law firm that had terminated representation of her niece while still charging almost $6,000 with no claim resolution. The record shows that the firm did not raise the issue of insufficient notice regarding a hearing in which the court allegedly “converted” a motion hearing into one for summary judgment. There is also no error in dismissing the attorney’s extortion claim as no lawsuit can be based on privileged misconduct grievances. Affirmed.
Court: 11th Circuit, Judge: Grant, Filed On: January 27, 2023, Case #: 21-13116, Categories: Consumer Law, Restraining Order
J. Grant finds that the district court properly denied the businessman's emergency motion to dissolve a preliminary injunction freezing the assets of his six companies and imposing a receiver. The Federal Trade Commission obtained the injunction based on its allegation that the businessman and his companies engaged in deceptive business practices in violation of the Federal Trade Commission Act and the Telemarketing Sales Rule by perpetuating a scheme to sell under-inclusive health insurance plans to unsuspecting consumers. The injunction may stand even in light of the U.S. Supreme Court's 2021 decision in AMG Cap. Mgmt., LLC v. FTC because the FTC Act's consumer redress provision authorizes district courts to grant relief necessary to redress injury to consumers. The asset freeze and receivership are necessary to protect consumers and protect assets for consumer redress. Affirmed.
Court: California Courts Of Appeal, Judge: Grimes, Filed On: January 27, 2023, Case #: B322164, Categories: Family Law, Due Process
J. Grimes finds that the trial court was within its discretion to terminate a mother's parental rights to an 11-year-old child while allowing her to continue raising her toddler. Parental fitness is determined according to the risk of detriment to each child. The older child's aggression and other behavioral issues make her more challenging to parent and her relationship with mother is fraught with conflict. Affirmed.
Court: USDC Minnesota, Judge: Wright, Filed On: January 27, 2023, Case #: 0:22cv1555, Categories: Erisa, Securities
J. Wright partially grants the retirement plan operators' motion to dismiss the retiree's suit alleging that they breached fiduciary duties by making high-cost, underperforming investments. The retiree has standing to challenge operators' investment decisions, and has stated an adequate claim based on their alleged failure to select a lower-cost share class. She has not adequately pleaded a claim as to her allegations that the operators engaged in improper revenue sharing, or that they were imprudent in failing to replace existing high-cost, underperforming investments.
Court: California Courts Of Appeal, Judge: Slough, Filed On: January 27, 2023, Case #: E079291, Categories: Family Law
J. Slough finds that the trial court bypass finding was not supported by evidence and it erred in denying a father reunification services with his daughters. The trial court did not cite which of the enumerated statutory exceptions it applied as required in order to bypass the obligation to provide reunification services. Though the record shows that the father uses excessive corporal punishment and that his daughters are at risk, no current evidence exists of an actual injury, so he is entitled to the opportunity for reunification services. Reversed.
Court: USDC New Mexico, Judge: Fouratt, Filed On: January 27, 2023, Case #: 1:22cv182, Categories: Damages, Discovery, Police Misconduct
J. Fouratt grants a motion to compel filed by the city of Albuquerque after the city and a police sergeant were sued by a man for false arrest, excessive force and other claims stemming from an incident in which the man was shot a Taser and beanbag projectiles, allegedly requiring months of hospitalization. The city argued that in order to “properly evaluate” the man’s claims for damages, they were entitled to his “complete medical history” so that they could incorporate any preexisting medical issues into their case. The man argued that the city was seeking private and irrelevant medical information, but crucially, the city is not “seeking medical records for [his] entire life” but instead only those “chronicling various medical conditions beginning with a very serious automobile collision when [he] was 30 years old.”
Court: Florida Courts Of Appeal, Judge: LaBrit, Filed On: January 27, 2023, Case #: 2D21-3878, Categories: Trusts
J. LaBrit finds that the trial court ruled improperly by awarding summary judgment to the trustee. There were genuine issues still in dispute as to the son's standing to see the accounting of the trust. Reversed.
Court: USDC Middle District of Florida, Judge: Mizelle, Filed On: January 26, 2023, Case #: 8:21cv2523, Categories: Employment, Contract
J. Mizelle denies the four former employees' motion for summary judgment in this dispute over an employment agreement they allegedly breached. There are genuine issues still in dispute and summary judgment is inappropriate.
Court: USDC District of Columbia, Judge: Howell, Filed On: January 26, 2023, Case #: 1:22cv170, Categories: Arbitration, Immunity, Enforcement Of Judgments
J. Howell denies the Federal Republic of Nigeria's motion to dismiss an investment company's enforcement action related to a more than $55 million arbitration award. The arbitration exception to the Foreign Sovereign Immunities Act applies; therefore, Nigeria does not have sovereign immunity.
Court: USDC District of Columbia, Judge: Mehta, Filed On: January 26, 2023, Case #: 1:21cv2265, Categories: Civil Rights, Elections, Assault
J. Mehta denies, in part, Donald Trump and others' motion to dismiss capitol police officers' claims arising from the events of January 6, 2021. The officers have made plausible allegations to support their claims for conspiracy to interfere with civil rights, battery and assault against certain individuals.
Court: USDC Northern District of Alabama , Judge: Burke, Filed On: January 26, 2023, Case #: 3:21cv1281, Categories: Insurance
J. Burke finds for a life insurance company on a father and son's action pertaining to the cancellation of the father's policy. The insureds fail to show the policy is ambiguous and did not make the required, final payment to maintain the policy, despite being given notice.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: January 26, 2023, Case #: 2022-CA-0427, Categories: Evidence, Contract
J. Jenkins finds that the trial court properly granted the exception of improper venue in favor of a buyer of petrochemical products. Under the parties' agreement for the sale of petrochemical products, there was a venue clause that the seller's claims are subject to a binding and mandatory forum selection provision that requires all actions to be brought in Texas. Although the seller's claims arise from an allegation the buyers falsified the product spreadsheet for how much product it picked up, the parties' contract is the foundation of the seller's action. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: January 26, 2023, Case #: 2022-CA-0444, Categories: Evidence, Family Law
J. Love finds that the trial court should not have granted a wife's attorney’s fees incurred prior to January 2019. The wife's allegation that the husband agreed in a consent judgment to be liable for the entirety of her attorney fees requires a full evidentiary hearing. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 26, 2023, Case #: PM-06-23, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Shira Hollander of Maryland may resign from the New York bar for nondisciplinary reasons.
Court: 10th Circuit, Judge: Phillips, Filed On: January 26, 2023, Case #: 19-4158 , Categories: Ineffective Assistance, Murder
J. Phillips finds that the lower court properly denied defendant's claim for postconviction relief regarding his murder convictions and subsequent death sentence. Defendant brings an ineffective assistance of counsel claim regarding a waiver of jury decision, with the central question of the appeal being if the Supreme Court has applied a general prejudice standard in cases such as this. The record shows the Supreme Court has in fact never applied that standard in a capital case regarding that jury issue, so defendant's arguments fail. Affirmed.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: January 26, 2023, Case #: 1:19cv2699, Categories: Employment, Trade Secrets, Contract
J. Blakey grants a motion for summary judgment from the former employee of a snack company, and denies the snack company’s cross-motion for summary judgment. The company claims that after being fired, the high-ranking former employee kept company secrets on her home computer, including company recipes and other sensitive data. But the court finds that the company has not provided any evidence that its former employee violated the terms of her non-compete employment agreement, nor has it shown that it has suffered any damages as a result of her actions.