205 results for 'filedAt:"2023-06-29"'.
J. Scudder finds that the lower court properly dismissed a False Claims Act suit against a tribal health care center alleging she was fired for flagging fraudulent billing practices. Although the health care center is not the tribe itself, it is an arm of the tribe and entitled to sovereign immunity. The individual employees named as defendants to the complaint are also entitled to immunity because they are sued in their official capacities. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: June 29, 2023, Case #: 22-2077, Categories: Native Americans, False Claims
J. Jewell finds that the trial court properly granted a temporary injunction to prevent a property owner and his entities from transferring assets relating to a security guard's personal injury suit after he was shot by an assailant at an apartment complex. The security guard is a creditor under the Texas Uniform Fraudulent Transfer Act based on his claim for damages, and there is evidence indicating the "badges of fraud." Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: June 29, 2023, Case #: 14-22-00505-CV, Categories: Fraud, Negligence, Injunction
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J. Griffis finds the lower court properly granted summary judgment to the executrix of an estate. The sons of the decedent challenge whether the lower court has jurisdiction over this matter and whether the wife of the deceased, who is also the executrix, had undue influence over changes made to the will prior to decedent’s death. The instant court finds the subject of jurisdiction is time-barred, as the sons did not raise the matter until they entered their response to the summary judgment motion. The instant court also finds no evidence of undue influence. Affirmed.
Court: Mississippi Supreme Court, Judge: Griffis, Filed On: June 29, 2023, Case #: 2021-CP-00513-SCT, Categories: Wills / Probate, Jurisdiction
J. Jenkins partially grants an Illinois' city's motion for summary judgment on employment discrimination and retaliation claims brought by one of its former employees. That former employee objected to the city converting her finance director position from part-time hourly to full-time salaried, its decision to fire her when she refused to work the longer hours for less money, and its move to outsource its finance department to a private firm. The court dismisses her claims brought under the Equal Protection Clause, the Illinois Human Rights Act and the First Amendment, but allows her gender discrimination, Illinois Whistleblower Act and retaliatory termination claims to proceed.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: June 29, 2023, Case #: 1:18cv2475, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Whistleblowers, Employment Retaliation
J. Burgess grants in part the union's motion to compel regarding a company's allegations of unfair labor practices. The company alleges that the union threatened the company in order to coerce it to assign work to one union over another. The company has not shown that privilege applies to all documents that is has withheld. The company "is ordered to review all documents with respect to which it is currently asserting the common-interest exception to privilege waiver, and to produce any of those documents to which this doctrine does not apply."
Court: USDC Alaska, Judge: Burgess, Filed On: June 29, 2023, Case #: 3:20cv108, NOS: Labor/Management Relations - Labor, Categories: Discovery, Labor / Unions
J. Cruz finds a lower court ruled in favor of a Roman Catholic Church Diocese on a former student's sex abuse claims. The former student argued that his mind recalled sexual abuse at the hands of a priest in 1983 after he awoke from a coma following a motorcycle crash. However, his claims are untimely. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Cruz, Filed On: June 29, 2023, Case #: 1 CA-CV 22-143, Categories: Child Victims
J. Roberts finds that the court of appeals improperly ruled in this challenge to the university's process of considering race as an admission factor for students on grounds that using race as a determining factor violates the equal protection clause. Reversed.
Court: US Supreme Court, Judge: Roberts, Filed On: June 29, 2023, Case #: 20-1199, Categories: Constitution, Education
J. Kobayashi denies attorney fees to the plaintiff communications company and grants the defendant communications company's objection to a lower court's decision to grant the fees. The defendant communications company properly removed the case to federal court and did not cause unreasonable delay to proceedings, so a "discretionary award of attorney fees is not warranted."
Court: USDC Hawaii, Judge: Kobayashi, Filed On: June 29, 2023, Case #: 1:22cv302, NOS: Arbitration - Other Suits, Categories: Arbitration, Attorney Fees
J. Phipps finds that the trial court properly denied the county's motion to dismiss the developer's mandamus, declaratory and injunctive relief action challenging a rezoning decision. The trial court correctly found that the decision on the rezoning request was legislative rather than quasi-judicial and did not require a writ of certiorari to proceed. Affirmed.
Court: Georgia Court of Appeals, Judge: Phipps, Filed On: June 29, 2023, Case #: A23A0055, Categories: Civil Procedure, Injunction
J. Gordon McCloud finds that the lower court correctly interpreted the Washington Family Care Act in a dispute over whether that Act trumps a collective bargaining agreement. Alaska Airlines' agreement with the flight attendants requires them to schedule their vacation days in advance. The state labor department argues that the Washington Family Care Act, which allows employees to use earned time off to care for a sick family member, displaces the mandatory advance scheduling requirement found in the bargaining agreement. But there is nothing explicitly in that law the says this, and when read in full context, the law makes it clear that it preserves all the crucial, broad terms of the agreement and does not conflict with the scheduling requirement. Affirmed.
Court: Washington Supreme Court, Judge: Gordon McCloud, Filed On: June 29, 2023, Case #: 100485-1, Categories: Employment, Labor / Unions
J. Hall grants the bank's motion to dismiss the individual's action arising from her receipt of notices regarding an outstanding balance on her account. The individual's motion for leave to amend the complaint is denied because the amended action is nearly identical to the original action and is premised on an incorrect belief that a contract between the parties was formed when the bank failed to respond to her affidavit. The action is an impermissible shotgun pleading.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: June 29, 2023, Case #: 1:22cv157, NOS: Other Fraud - Torts - Personal Property, Categories: Contract
J. Furman grants CUNY's motion to dismiss this employment discrimination and retaliation suit brought by the Black female former administrator who was terminated after her entanglement with internal political affairs and replaced with a white woman. The evidence does not support the administrator's allegations of racial discrimination. Though her supervisor made efforts to decrease his office's contact with her, this does not prove racial discrimination. The complaint does not give rise to a “minimum inference of discrimination.”
Court: USDC Southern District of New York, Judge: Furman , Filed On: June 29, 2023, Case #: 1:22cv2785, NOS: Civil Rights - Habeas Corpus, Categories: Employment Discrimination, Employment Retaliation
J. Grassl Bradley finds the court of appeals improperly reversed the circuit court's denial of defendant's motion to dismiss his felony trafficking of a child case after the circuit court declared a mistrial due to the defense presenting third-party perpetrator evidence without notifying the state beforehand or getting a ruling on admissibility from the circuit court. Contrary to defendant's arguments, a retrial of his case would not violate his constitutional protection against double jeopardy, as all of the factors in the relevant precedent are met to support the circuit court's use of solid discretion to declare a mistrial based on "manifest necessity." The circuit court properly did this in part because the state never knew about the surprise testimony implicating a third party in the underlying sex trafficking crime and it never made a ruling on that evidence, and in part because the circuit court reasonably concluded a curative jury instruction could not "unring the bell," even though the evidence was later deemed admissible. Reversed.
Court: Wisconsin Supreme Court, Judge: Grassl Bradley, Filed On: June 29, 2023, Case #: 2021AP000267-CR, Categories: Sex Offender, Double Jeopardy, Human Trafficking
J. Kelsey finds the lower court properly convicted the daughter of abuse and neglect of an incapacitated adult causing serious injury. The daughter allegedly left her 80-year-old mother immobilized on the floor for at least two days before an exterminator rescued her. The severe ulcers on the mother count as a serious injury for the purpose of the conviction.
Court: Virginia Supreme Court, Judge: Kelsey , Filed On: June 29, 2023, Case #: 220223 , Categories: Elder Abuse, Negligence
J. Delaney finds witness testimony during defendant's trial on menacing and firearms charges regarding the sequence of events that led to his arrest allowed the jury to reasonably conclude he had a loaded gun in his truck. Neighbors testified they either heard or saw him "squeal" out of his driveway immediately before crashing the truck and firing several shots toward the victim. Meanwhile, the prosecution's statement during closing arguments about the definition of a loaded gun, although imprecise, was an isolated statement and did not prejudice the jury against defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: June 29, 2023, Case #: 2023-Ohio-2188, Categories: Evidence, Firearms, Threats
J. Fisher finds that the lower court properly revoked probation and imposed a prison term based on defendant's guilty plea to grand larceny. Defendant made due process claims concerning the speed and sufficiency with which the probation violation had been handled, but he failed to preserve those objections by raising them at the appropriate times. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: June 29, 2023, Case #: 112843, Categories: Criminal Procedure, Probation, Theft
J. Waldick finds the state's evidence of defendant's excessive speed at the time of her crash, proof the wreck occurred in the motorcycle's lane of travel, and the catastrophic nature of the victim's injuries was sufficient to convict defendant of aggravated vehicular homicide. Meanwhile, the trial court properly denied defendant's request for a jury instruction on the lesser-included offense of vehicular homicide because her decision to travel into the victim's lane, regardless of speed, constituted recklessness. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: June 29, 2023, Case #: 2023-Ohio-2200, Categories: Evidence, Vehicular Homicide
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by engaging in violent conduct and refusing a direct order when he attempted to hit a guard assigned to search his cell. The inmate contended the misbehavior report had been retaliatory and that excessive force had been used to subdue him, but such credibility issues were resolved at the disciplinary hearing. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 29, 2023, Case #: 535576, Categories: Prisoners' Rights
[Consolidated.] Per curiam, the appellate division finds that the lower court properly convicted defendant defendant based on separate guilty pleas to assault for punching his girlfriend in the face and for hitting his brother in the mouth with a pistol. Consecutive sentences were not harsh in light of the fact that a trial verdict would have yielded more time, and the violent assaults occurred just months after defendant was released from prison in Florida, where he had a long criminal history. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 29, 2023, Case #: 112365, Categories: Sentencing, Assault, Cruel And Unusual Punishment