J. Jones finds the district court properly declined to vacate the bankruptcy court's judgment removing certain members of the official committee of unsecured creditors. The members were appointed as part of the archdiocese's bankruptcy proceedings, which had been initiated in response to sexual abuse lawsuits. Certain members were removed for disclosing sensitive information about the case, including the names of priests. Any lack of proper notice does not violate a protected interest when there is no underlying right to remain on the committee. The members' rights as creditors in the case have not been impaired by their removal. They were not sanctioned and also lack standing to appeal from the bankruptcy court to the district court. Affirmed.
Court: 5th Circuit, Judge: Jones , Filed On: May 13, 2024, Case #: 22-30539, Categories: Bankruptcy, Civil Rights, Tort
J. Patterson finds that the appellate division improperly held that a real estate salesperson was subject to the state's employee classification statute in claims contending fees and expenses had been unlawfully deducted from his commissions based on his misclassification as an independent contractor. The state legislature has amended the Brokers Act to require business affiliation agreements to prevail even if they conflict with other laws or regulations, and because the salesperson agreed in writing to affiliate with the company as an independent contractor, he is not subject to the so-called "ABC" employment test. Reversed.
Court: New Jersey Supreme Court, Judge: Patterson , Filed On: May 13, 2024, Case #: A-48-22, Categories: Employment
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J. Bowes finds that the lower court properly denied defendant’s petition to expunge his involuntary mental health commitment via the Mental Health Procedures Act. Defendant’s commitment was done in strict accordance with the Act after a sergeant dispatched to his house found that he hadn’t slept in three days, had barricaded children in a bedroom closet, and was incapable of maintaining household cleanliness. Affirmed.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: May 13, 2024, Case #: J-A29003-23, Categories: Civil Procedure, Commitment
J. Wilson finds that the district court properly granted a permanent injunction in the transgender employee's favor in a civil rights action against the county and sheriff arising after her request for insurance coverage for gender-affirming care in the form of a vaginoplasty was denied. The district court correctly found in favor of the employee on her Title VII claim and enjoined the sheriff and county from enforcing the policy's exclusion of drugs for a "sex change surgery" or services and supplies for a "sex change." The exclusion is a "blanket denial" of coverage which discriminated against the employee and other transgender people by denying healthcare coverage on the basis of transgender status. Affirmed.
Court: 11th Circuit, Judge: Wilson, Filed On: May 13, 2024, Case #: 22-13626, Categories: Civil Rights, Lgbtq
J. Hoyt finds that a Federal Trade Commission antitrust case can proceed against an anesthesiologists’ group that bought enough similar groups in Texas that they could not easily be excluded from insurance carriers for charging higher prices because they were indispensable. The degree to which the anesthesiologists’ group controls the Texas market has led to higher insurance premiums for consumers and the Federal Trade Commission has submitted sufficient evidence to survive summary judgment.
Court: USDC Southern District of Texas, Judge: Hoyt, Filed On: May 13, 2024, Case #: 4:23cv3560, NOS: Antitrust - Other Suits, Categories: Antitrust, Unfair Competition
J. Dever dismisses with prejudice a couple’s race discrimination allegations against their credit union after a check for over $12,000 bounced when their wedding venue tried to cash it. The couple claims the money was in the account, but that an employee marked the check as insufficient funds because the couple is Black. However, the couple produces no evidence beyond speculation, and their claim fails.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: May 13, 2024, Case #: 4:23cv141, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Banking / Lending
J. Shah partially grants Walmart’s motion to dismiss a consumer fraud class action. The consumers say Walmart deceptively labeled its seafood products as “sustainably sourced,” when in reality its source fisheries both overfish and use unsustainable practices such as bottom trawling. Citing lack of standing, the court dismisses the class representative’s claims against seafood products she did not personally buy, and also denies her request for injunctive relief. The court also dismisses her claim under the Uniform Deceptive Trade Practices Act, but allows her Illinois consumer fraud, consumer protection and unjust enrichment claims to survive.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: May 13, 2024, Case #: 1:23cv1297, NOS: Contract Product Liability - Contract, Categories: Environment, Fraud, Consumer Law
J. Love finds that the trial court should not have denied a public university's motion for summary judgment on a professor's claim for unpaid wages because the university is not a proper defendant, and it may be sued through the proper defendant, which is its Board. However, the university administrators do not have immunity because there are genuine issues of material fact that they acted fraudulently, intentionally, or willfully to misrepresent to the professor that his base salary would remain at $145,000. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: May 13, 2024, Case #: 2023-CA-0798, Categories: Employment, Contract
J. Pallmeyer grants a parent’s motion to join a number of Nevada doctors as defendants to her complaint against a baby formula manufacturer, remanding this case to the Circuit Court of Cook County. This was a bellwether case for the hundreds of lawsuits filed against the formula maker over its tainted formula, which caused infants to develop necrotizing enterocolitis. While doing discovery, the parent found out that doctors in Nevada may have been negligent in treating her own child afflicted with the condition. Though the parent wants the case sent to the Nevada state court, judicial rules make Cook County the proper remand venue, as that is where the case was first filed.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: May 13, 2024, Case #: 1:22cv2017, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Health Care, Negligence, Product Liability
J. Harjani partially grants Veterans Affairs’ motion for summary judgment on one of its former social worker’s claims that the VA didn’t honor her multiple disability accommodations. The court tosses several of the former social worker’s failure to accommodate, age and sex discrimination, retaliation and hostile work environment claims, but finds factual disputes preclude judgment on other, similar allegations.
Court: USDC Northern District of Illinois, Judge: Harjani, Filed On: May 13, 2024, Case #: 1:20cv2710, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Hazelrigg finds that the lower court properly sentenced defendant for murder. Defendant claims that during sentencing, the judge did not fully consider his intellectual disability as a factor for his sentencing range, but evidence on the record shows the lower court did in fact take that factor into account before passing the sentence. The matter is remanded, however, to strike legal financial obligations imposed against him. Affirmed in part.
Court: Washington Court Of Appeals, Judge: Hazelrigg, Filed On: May 13, 2024, Case #: 84570-5-I, Categories: Murder, Sentencing
J. Brown finds that the trial court improperly granted defendant's motion to suppress evidence of a breath sample produced during his third breath test which led to his DUI and failure to maintain lane charges. Although defendant gave three breath samples during state-administered breath tests, only two were adequate. The statute allowed the state to request the third test and the two samples are therefore admissible. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 13, 2024, Case #: A24A0705, Categories: Dui
J. Pitman denies property owners’ motion for a preliminary injunction barring enforcement of a short-term rental ordinance in Volente, Texas. The owners raised a variety of complaints with the ordinance, such as arguing that rules prohibiting outside activities past 10 p.m. violated freedom of assembly rights. The ordinance “abides by a well-trodden principle in property law: that ‘all property in this country is held under the implied obligation that the owner’s use of it shall not be injurious to the community.’”
Court: USDC Western District of Texas , Judge: Pitman, Filed On: May 13, 2024, Case #: 1:23cv1246, NOS: Constitutionality of State Statutes - Other Suits, Categories: Government, Property
Per curiam, the Vermont Supreme Court finds the trial court properly ordered the ex-husband to continue providing health insurance for his ex-wife during the nisi period of their divorce until it was finalized. The ex-wife alleges that her ex-husband had violated the order by removing her coverage or reinstating the insurance before the nisi period was absolute. The ex-husband disagreed alleging the court lacked authority for him to reinstate the insurance. Therefore, the ex-husband failed to wait until the nisi period was over and was still considered married, so he violated the court’s order to reinstate. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 13, 2024, Case #: 23-AP-376, Categories: Civil Procedure, Family Law
J. Bush finds the trial court properly denied defendant's motion for safety-valve sentencing relief after he pleaded guilty to drug trafficking charges. Although he cooperated with federal investigators about his drug shipping operation, he failed to provide the names or aliases of any customers and lied about his involvement and monetary gain from the scheme. Meanwhile, although the court's failure to calculate defendant's sentencing guidelines was erroneous, the error was harmless because the court imposed a minimum fine and sentence, which did not prejudice defendant. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: May 13, 2024, Case #: 23-3048, Categories: Drug Offender, Sentencing
J. Thapar finds the trial court properly granted the government's request for forfeiture of more than $92,000 in cash found in defendant's bedroom. He not only admitted to dealing drugs in cash transactions when he was convicted of drug trafficking, but he was also familiar with banking as a small business owner, which made it more likely than not the cash was connected to criminal activity and not his legitimate business. However, more than $20,000 in cash found in a dresser drawer must be returned to defendant, who provided evidence of loans and federal grants to support the stockpile of cash. Affirmed in part.
Court: 6th Circuit, Judge: Thapar, Filed On: May 13, 2024, Case #: 22-2032, Categories: Drug Offender, Evidence, Forfeiture
J. Waldick finds the trial court properly terminated the father's parental rights and granted permanent custody of the child to family services. He only visited the child once in person throughout the duration of his custody case, refused to enroll in anger management classes as part of his case plan and did not complete the majority of the objectives in that case plan. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: May 13, 2024, Case #: 2024-Ohio-1846, Categories: Evidence, Family Law