Court: 9th Circuit, Judge: Hurwitz, Filed On: September 27, 2022, Case #: 20-71923, Categories: Immigration
J. Hurwitz denies an immigrant's petition for review of a decision of the Board of Immigration Appeals. The agency denied the application for cancellation of removal on the ground that the immigrant had not established that his United States citizen children would suffer "exceptional and extremely unusual hardship" if he were removed. The panel concluded that the BIA's decision that exceptional and extremely unusual hardship was not established was supported by the record.
Court: Massachusetts Court Of Appeals, Judge: Ditkoff, Filed On: September 27, 2022, Case #: 19-P-1734, Categories: Prisoner's Rights
J. Ditkoff partially overturns a lower court decision denying two grievances and a series of claims arising out of a convicted murderer's termination from his position as a prison library law clerk after it was reported that a typewriter motor was stolen. The appeals court finds the prison's institutional grievance coordinator failed to conduct a thorough investigation into the details the inmate provided in his first grievance, and its failure to do so prejudiced his rights. The court's decision regarding the rest of his claims, including the dismissal of a claim for defamation, are affirmed. Reversed in part.
Court: USDC Delaware, Judge: Andrews, Filed On: September 27, 2022, Case #: 1:15cv108, Categories: Antitrust
J. Andrews denies summary judgment to Caterpillar concerning claims that the heavy equipment maker may have conspired with an online heavy equipment seller it controls to kill a deal with a seller of new Chinese heavy equipment. Also, sufficient evidence is proffered showing that Caterpillar, its dealers and the online seller may have conspired to eliminate the new competitor with cheaper, Chinese heavy equipment. However, Komatsu is granted summary judgment because there is no evidence it pressured the online seller to remove the new competitor.
Court: Ohio Court Of Appeals, Judge: Wright, Filed On: September 27, 2022, Case #: 2022-Ohio-3370, Categories: Constitution, Sentencing, Due Process
J. Wright finds that the Reagan Tokes Law - used to sentence defendant to an indefinite prison term - does not violate criminal defendants' due process rights because they are provided with adequate notice of infractions that can increase the length of their terms once they are incarcerated and are also provided with hearings prior to any extension of their sentences. Meanwhile, the law does not violate the separation of powers doctrine because the judicial branch is the only section of government able to increase a defendant's sentence. Affirmed.
Court: USDC Southern District of Ohio, Judge: Litkovitz, Filed On: September 27, 2022, Case #: 1:20cv261, Categories: Product Liability, Jurisdiction
J. Litkovitz grants the shoe supply company's motion for summary judgment, ruling that the buyer injured in a fall cannot bring product liability claims because the supply company provided the name of the defective shoe's manufacturer and has no connection to the company. Although the manufacturer is based in China, it would not be unreasonable for this court to claim jurisdiction over such a company, and so the buyer cannot impose manufacturing liability on the supply company that sold her the shoe.
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Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: September 27, 2022, Case #: 2022-Ohio-3371, Categories: Sentencing, Assault
J. Eklund finds that the sentence imposed by the trial court was not contrary to law because although defendant's victim asked the court for leniency, the court was not required to reduce the sentence, which was within statutory guidelines and imposed only after all of the required factors were considered. Affirmed.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: September 27, 2022, Case #: 2:20cv5873, Categories: Employment
J. Morrison grants the employer's motion for summary judgment, ruling that while the transgender student bus driver established a prima facie case for sex discrimination through evidence a similarly-situated male driver was not fired for being late to work on two separate occasions, the single instance of disparate treatment is insufficient to overcome the employer's legitimate reason to fire her, which included back-to-back days of tardiness with no doctor's note.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: September 27, 2022, Case #: 5:22cv00095, Categories: Negligence
J. Self finds in favor of the restaurant in a negligence action arising from injuries the customer allegedly suffered during a trip-and-fall incident. The customer failed to show that a pothole or any other hazard existed in the restaurant parking lot where she fell. The customer also failed to consistently point to the cause of her fall.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: September 27, 2022, Case #: A22A0948, Categories: Sex Offender
J. Rickman finds that the trial court properly convicted defendant of incest and child molestation. Sufficient evidence was presented to support defendant's convictions, including the victim's testimony and testimony from a nurse who examined the victim. The trial court did not commit any error by admitting evidence of another act of child molestation. The fact that defendant had tried to meet another purported teenage victim to have sex was probative of his motive. Affirmed.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: September 27, 2022, Case #: 7:21cv00062, Categories: Civil Rights, Employment
J. Sands denies the board's motion for summary judgment on the employee's gender discrimination, retaliation and whistleblower retaliation action. The employee claimed she was fired and retaliated against for speaking out about the college's allegedly unlawful acts and omissions regarding its dual enrollment program. The employee's request for information on student admission records and her request for an order in limine are denied. However, the employee's requests regarding discipline, adverse employment action or procedures imposed on the supervisor during his employment following a sexual harassment investigation are granted.
Court: USDC Middle District of Georgia, Judge: Lawson, Filed On: September 27, 2022, Case #: 7:19cv00195, Categories: Civil Rights, Employment
J. Lawson finds in favor of the employer in a civil rights and gender discrimination action brought by the former employee. The employee was fired for violating the employer's professional conduct and anti-harassment policy. Although the employee sufficiently showed that the harassment he experienced at the hands of a fellow supervisor was severe and pervasive, the employee failed to establish that he was subjected to a hostile work environment based on sexual harassment. The employee failed to show that he was treated less favorably than a similarly situated female employee.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: September 27, 2022, Case #: A22A0652, Categories: Drug Offender
[Consolidated.] J. Gobeil finds that the trial court properly convicted defendant of trafficking meth and possession of meth with intent to distribute but improperly convicted the co-defendant of the same crimes. Sufficient evidence was presented to support defendant's convictions and to allow the jury to find that defendant was in constructive possession of the meth. Defendant was present at a large-scale drug stash house and had the car keys to a vehicle which had transported drugs for a sale. Although the co-defendant was also present in the stash house, there was no other evidence tying him to the car or to the drugs themselves. Reversed.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: September 27, 2022, Case #: 5:21cv00105, Categories: Negligence
J. Self finds partially in favor of the store in a negligence action brought by the customer arising from injuries she allegedly suffered in a slip-and-fall incident. The customer had pre-existing back pain and related medical conditions before the fall but failed to introduce any expert testimony to prove a causal link between her injuries and the fall on the store's premises. The customer's claims for damages for her two knee replacement surgeries, back injuries and treatments are dismissed.
Court: 11th Circuit, Judge: Grant, Filed On: September 27, 2022, Case #: 21-10099, Categories: Ineffective Assistance, Miranda, Murder
J. Grant finds that the district court properly denied defendant's petition for habeas relief from his death sentence for murder. The introduction at trial of two statements made by defendant to police after he invoked his right to counsel does not warrant habeas relief because the statements probably did not impact the jury's verdict or sentencing recommendation. Defendant made the statements after restarting conversation with the police and waived his Miranda rights. Defendant failed to show that his counsel performed deficiently at sentencing. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: September 27, 2022, Case #: A22A0726, Categories: Negligence, Product Liability, Jurisdiction
J. Doyle finds that the trial court properly granted the company's motion to dismiss the individual's negligence and product liability action for lack of personal jurisdiction. The individual alleged that a water pump manufactured by the company which was installed in his vehicle caused a fire which damaged his home. The company does not target the Georgia market and there is no evidence that the company expected the pump would be sold in Georgia. Affirmed.
Court: 11th Circuit, Judge: Jordan, Filed On: September 27, 2022, Case #: 21-12024, Categories: Civil Procedure, Tax
J. Jordan finds that the district court improperly denied the individual's motion for a protective order under the Anti-Injunction Act blocking the government from using his admissions in a prior tax case as the basis for penalties in a separate IRS penalty examination. The penalty examination arose from the individual's promotion of an abusive tax shelter. The individual's motion does not meet the definition of a "suit" under the law and is not barred by the Act. Vacated.
Court: Georgia Court of Appeals, Judge: Reese, Filed On: September 27, 2022, Case #: A22A0972, Categories: Debt Collection, Trusts
J. Reese finds that the trial court properly ruled in favor of the trustee in a debt collection action brought by the trustee to collect on debts owed by the trusts. The trial court correctly found that no genuine issue of fact exists as to whether the original creators of the trusts waived their rights to collect under the notes. Affirmed.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: September 27, 2022, Case #: 4:21cv00003, Categories: Negligence
J. Baker grants the employer's motion for summary judgment in a negligence action brought by the individual arising from injuries he allegedly sustained when an employee hit him with a vehicle. The employee was not acting in the scope of his employment at the time of the accident. Although the employee was within the port grounds at the time of the incident, he had not yet reported for duty.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: September 27, 2022, Case #: 1:19cv2659, Categories: Civil Rights
J. Matsumoto rules partially in favor of the residents, who claim they were falsely arrested for possession of heroin and contraband ammunition after a family dispute. The police found bullet casings under the living room sofa and so would have reasonably believed the visitor, who was sleeping in the living room, to be connected to the contraband in the home. Further, there is insufficient evidence the officers acted maliciously and tried to destroy property during the search.
Court: USDC Eastern District of New York, Judge: Matsumoto , Filed On: September 27, 2022, Case #: 2:21cv1468, Categories: Civil Rights
J. Matsomoto partially allows to proceed the complaint, which alleges the fire department failed to take action after firefighters and their family members harassed and threatened the volunteer firefighter and then suspended and later fired him. Other firefighters spoke out and were either threatened or assaulted, including by high-ranking officials at the department, and the department offers no justification for taking its actions against the firefighter.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: September 27, 2022, Case #: 1:19cv989, Categories: Employment
J. Kovner rules against both parties in the complaint, which alleges the company fired the employee after she complained about coworkers harassing and bullying her, as well as denied her request to have off Saturdays to observe the Sabbath. The allegedly harassing behavior took place before she made her religious views known, there is no evidence the employee was treated differently after her religious request, and a jury must determine whether statements made by human resources were actionable.
Court: USDC Western District of New York, Judge: Pedersen , Filed On: September 27, 2022, Case #: 6:20cv6100,
J. Pedersen denies the motion to quash subpoenas in the complaint, which alleges the lenders sabotaged the company's computers and stole confidential data. The new request for documents is broader than the original request in that it asks the nonparty to produce communications with potential borrowers and other institutions. Further, the court chooses to modify the subpoena's request rather than quash it.
Court: USDC Eastern District of New York, Judge: Gonzalez , Filed On: September 27, 2022, Case #: 2:22cv1572, Categories: Employment
J. Gonzalez partially allows to proceed the complaint, which alleges the county failed to pay overtime to its employees and did not give them any breaks. The service of notice 30 days before the complaint was amended is adequate, and the facts in a separate but related state court action are sufficiently different from this complaint.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: September 27, 2022, Case #: 1:20cv6016, Categories: Debt Collection
J. Hall dismisses the class-action complaint, which alleges the collection letter included confusing language regarding interest and legal action. The letter includes clear language about it not being reviewed by an attorney, and there is no basis wherein mere repeated references to legal action violated debt collection laws.
Court: USDC Northern District of New York, Judge: D'Agostino , Filed On: September 27, 2022, Case #: 5:20cv337, Categories: Employment
J. D'Agostino rules partially in favor of the state facility, which allegedly failed to extend the contract of the employee after he complained of two female coworkers brushing up against him and rubbing his buttocks. The alleged conduct is severe enough, but the facility provided a process for the complaints, it initiated an investigation into the complaints, the complaints were not corroborated by witnesses, and the facility showed it had received "constant complaints" from other staffers regarding the employee.
Court: USDC Eastern District of New York, Judge: Kovner , Filed On: September 27, 2022, Case #: 1:17cv1517, Categories: Civil Rights
J. Kovner rules in favor of the police officers in the complaint, which alleges they falsely arrested the driver during a road-rage altercation with a rapper. The driver asks without justification for the court to disregard the officers' and rapper's testimony about what happened at the scene, and there is no evidence of a conspiracy.
Court: USDC Northern District of New York, Judge: Sharpe, Filed On: September 27, 2022, Case #: 1:21cv503, Categories: Civil Rights
J. Sharpe partially allows to proceed the pro se complaint, which alleges state police falsely arrested the man. The complaint does not adequately allege the private citizens, who called the police alleging the man had extorted the company, were acting under the color of state law, nor is there any evidence that evidence was fabricated. However, at this juncture it is not shown whether probable cause to arrest the man existed.
Court: USDC Arizona, Judge: Snow, Filed On: September 27, 2022, Case #: 2:22cv1374, Categories: Civil Rights, Elections, Equal Protection
J. Snow grants a retired American alliance's motion for preliminary injunction to enjoin a felony provision in the Arizona Senate Bill 1260. The alliance sufficiently showed that the felony provision is unconstitutionally vague and may violate free speech and equal protection.
Court: USDC Central District of Illinois, Judge: Shadid, Filed On: September 27, 2022, Case #: 2:18cv2322, Categories: Civil Rights, Employment
J. Shadid grants a county's motion for summary judgment on a former employee's retaliatory discharge claims. The county sufficiently showed that it was not her joint employer.
Court: USDC Kansas, Judge: Birzer, Filed On: September 27, 2022, Case #: 2:22cv2137, Categories: Civil Rights, Disability Discrimination, Employment
J. Birzer denies a County's motion to designate Wichita, Kansas as a place of trial concerning a former employee's gender discrimination claims. The former employee sufficiently showed that Kansas City is the proper venue because there are no available witnesses in the Wichita area.
