129 results for 'filedAt:"2023-06-06"'.
J. Thapar finds that the lower court properly granted the police officer’s motion for summary judgment on the grounds of qualified immunity because his use of force on the detained suspect — including tackling him and lifting him up — was objectively reasonable under the circumstances after the suspect actively resisted arrest and tried to escape. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: June 6, 2023, Case #: 22-1680, Categories: Civil Rights, Immunity
J. Jones denies the construction company's motion to dismiss the lawsuit seeking damages for breach of contract, negligence, and fraud in relation to the renovation and restoration of the consumer's home. The company allegedly caused the disposal of lead paint residue and dust in the consumer's home. The consumer sufficiently pleaded their claims.
Court: USDC Western District of Virginia, Judge: Jones, Filed On: June 6, 2023, Case #: 1:23cv10, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Fraud, Negligence, Contract
J. Kennelly denies a group of Black former Chicago city workers’ motion to certify a class. The workers, all formerly employees of the City of Chicago Department of Water Management, claim they were subject to the department’s widespread culture of racism and sexism. However, the court opines that the workers’ allegations and reported individual experiences are too diverse to qualify as a coherent class with claims in common. The court similarly finds that the workers have not shown that their employers acted in an organized way to mete out racist treatment.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: June 6, 2023, Case #: 1:17cv4858, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Class Action, Employment Retaliation
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J. Kronstadt grants an employer's motion to dismiss an employee's allegations of wage and hour violations. An enforceable arbitration agreement exists between the parties as part of the collective bargaining agreement, therefore the court lacks subject matter jurisdiction over all of the employee's claims, and the entire action must be dismissed. The parties shall submit the claims to arbitration.
Court: USDC Central District of California, Judge: Kronstadt, Filed On: June 6, 2023, Case #: 2:21cv6117, NOS: Employment - Civil Rights, Categories: Arbitration, Employment
J. Tostrud denies the chicken processor's motion for summary judgment in its suit seeking a finding that Minnesota statutes and rules establishing parent-organization liability for the unmet obligations of their subsidiaries under certain agricultural contracts are not applicable to its contracts with Minnesota chicken growers. He grants the growers' motion for summary judgment. A choice-of-law clause does not not bind the processor to Minnesota law on its own, but Minnesota's choice-of-law principles otherwise favor applying Minnesota law to the growers' claims against the processor. Minnesota's parent-liability rules and statutes also do not violate the dormant Commerce Clause. The laws and rules therefore apply. The growers' motion for leave to amend their counterclaims is denied, since the proposed amendments are largely unnecessary in light of this and other orders.
Court: USDC Minnesota, Judge: Tostrud, Filed On: June 6, 2023, Case #: 0:19cv3040, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Choice Of Law, Contract
J. Dowd finds that the lower court properly found for the hotel in an employment disability discrimination suit filed by a former security guard. The guard failed to show that he had been diagnosed with depression or anxiety before he abruptly left his job and checked himself into a psychiatric unit. His employer had to be aware of his disability beforehand to qualify for ADA protection. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: June 6, 2023, Case #: ED110737, Categories: Ada / Rehabilitation Act
J. Wood finds that the trial court improperly dismissed the company’s claim against the coaches’ association alleging unjust enrichment. The company sufficiently pleaded its claims that the breach of contract and failure to pay for services constituted unjust enrichment. Reversed in part.
Court: North Carolina Court of Appeals, Judge: Wood, Filed On: June 6, 2023, Case #: COA22-882, Categories: Contract
J. Kelly finds a lower court properly denied a defendant’s motion to suppress evidence in court. The defendant, who pleaded guilty to possessing a firearm as a convicted felon, argued that a handgun found in in his jacket while he was in the emergency room for a gunshot wound should have been tossed out as evidence. However, while the defendant was experiencing a life-threatening injury, a protection officer located a weapon in his pocket while attempting to get him in a recumbent position. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: June 6, 2023, Case #: 22-2282, Categories: Evidence, Firearms
J. Pirtle finds the trial court improperly granted summary judgment to the insurance company in this dispute over coverage for breast cancer treatment, payment for which was sent to the collector. The patient, pursuant to a previous mammogram, was told that the density of her breasts reduces instrument sensitivity and that a negative report can be inconclusive. She had reason to be concerned the lump could be cancerous despite the negative result. There are genuine issues of material fact regarding the applicability of the policy’s preexisting condition clause. Reversed and remanded.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: June 6, 2023, Case #: A-22-406, Categories: Health Care, Insurance, Contract
J. Maxa finds that the Board of Industrial Insurance Appeals properly found that an online platform for pet service providers does not have to pay industrial insurance
premiums. Pet service providers do not fall under the relevant legal definition of "workers" because they were not working under an independent contract. Affirmed.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: June 6, 2023, Case #: 56929-9-II, Categories: Employment, Insurance
J. Land grants the motion to dismiss the individual's civil rights, excessive force and malicious prosecution action with respect to three police officers. The individual knew or should have known of the injuries giving rise to his excessive force, assault, battery and unreasonable search claims on the date of his arrest but failed to file his action until four years later. The claims are therefore time-barred. However, the motion is denied as to the individual's malicious prosecution claim against one police officer and two probation officers. The individual adequately alleged that the probation officer should have known the probation warrant was not supported by probable cause and that the police officer should have known the arrest warrant for loitering and prowling lacked probable cause.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 6, 2023, Case #: 3:22cv77, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution
J. Wynn finds the lower court properly dismissed the inmate's procedural due process and equal protection claims because they are not covered by the Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. Bivens cannot be expanded to new contexts, such as this case where an inmate disputes his firing from a prison job due to racial discrimination. Affirmed.
Court: 4th Circuit, Judge: Wynn, Filed On: June 6, 2023, Case #: 20-7540, Categories: Due Process, Equal Protection, Prisoners' Rights
Per curiam, the appellate division finds that the lower court properly denied the plaintiff's motion for a stay of these proceedings pending resolution of a related criminal action. Plaintiff did not make the application for stay until after he was already deposed, and the court already precluded him from testifying on any matter for which he invoked his Fifth Amendment privilege. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 6, 2023, Case #: 02968, Categories: Civil Procedure, Civil Rights
Per curiam, the appellate division finds that the lower court improperly denied the studio's motion to vacate a judgment in a landlord-tenant dispute. The studio's counsel explained his noncompliance with court notices was due to the Covid-19 pandemic, which forced him to lay off staff. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 6, 2023, Case #: 02900, Categories: Civil Procedure, Landlord Tenant
J. Murguia enters an amended opinion in a matter in which the panel previously denied a petition for rehearing challenging petitioner's immigration detention. In the amended opinion, a noncitizen who initially was subject to mandatory detention is not entitled to a bond hearing while awaiting a decision from the Ninth Circuit Court of Appeals on a petition for review.
Court: 9th Circuit, Judge: Murguia, Filed On: June 6, 2023, Case #: 20-16142, Categories: Immigration
J. Arterburn finds the trial court properly granted summary judgment to Target in this slip-and-fall suit. The injured party testified to slipping and falling on the sidewalk outside Target after walking across purple “ice melt,” injuring her knee. She wasn’t sure whether or not there was ice where she slipped and a Target employee testified to possibly having already treated the area with ice melt. No evidence was shown that Target had actual or constructive notice of the potential non-visible ice. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: June 6, 2023, Case #: A-22-805, Categories: Evidence, Tort, Negligence
J. Pedersen finds that the lower court properly ordered the appellant to pay attorney fees in this suit involving the termination of parental rights. There was no abuse of discretion in the ruling, as the attorney's affidavit and attached invoices were sufficient to satisfy the requirements. Additionally, the appellant fails to establish error as to the issue of recusal. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: June 6, 2023, Case #: 05-22-01322-CV, Categories: Family Law, Judiciary, Attorney Fees
J. Motoike finds that the trial court must revisit an unlawful detainer case in which a tenant lived rent-free in exchange for work. Issues of fact exist regarding how long the tenant performed work for the landlord, when the tenant learned the landlord had died and whether the tenant was a holdover tenant or became a tenant of the estate administrator. Reversed.
Court: California Courts Of Appeal, Judge: Motoike, Filed On: June 6, 2023, Case #: G062001, Categories: Landlord Tenant
J. Montalvo grants a motion to appoint an attorney ad litem in a foreclosure case. A company seeking the foreclosure has not been able to contact any heirs of a now deceased obligor on the loan, and while the company invokes a procedural rule from Texas courts, there is no reason why federal courts should not also honor this request and the costs associated with appointing such an attorney “will generally be minimal.”
Court: USDC Western District of Texas , Judge: Montalvo, Filed On: June 6, 2023, Case #: 3:22cv226, NOS: Foreclosure - Real Property, Categories: Civil Procedure, Guardianship, Foreclosure
J. Hardin-Tammons finds that the lower court improperly vacated default judgment in a contract dispute over the defendant health care center's cancellation of a contract for counseling services. The health care center presented evidence that the counseling service provider agreed not to seek a default judgment while the parties negotiated. Vacated.
Court: Missouri Court Of Appeals, Judge: Hardin-Tammons, Filed On: June 6, 2023, Case #: ED110968, Categories: Health Care, Contract
J. Ripple finds that the lower court properly found for the police supervisors in a suit accusing them of limiting a former officer's future employment prospects by designating him "not in good standing" upon his retirement. This designation limits his ability to carry a concealed weapon. Regardless of whether the designation is justified, the officer cannot show that the designation foreclosed his future job prospects. Affirmed.
Court: 7th Circuit, Judge: Ripple, Filed On: June 6, 2023, Case #: 22-1732, Categories: Civil Rights, Employment
J. Hollander denies an attorney’s motion to dismiss professional negligence allegations brought by a bankruptcy client. The client retained the attorney to represent her when she filed for Chapter 13 bankruptcy, but he refused to seek relief from the stay and continued to bill her, prompting the current suit. Although there had been a delay in the attorney being served, it was only a day late and the client has good cause in the suit, so she is given a retroactive extension of time to serve the attorney.
Court: USDC Maryland, Judge: Hollander, Filed On: June 6, 2023, Case #: 1:22cv2639, NOS: Other Contract - Contract, Categories: Bankruptcy, Negligence, Contract