139 results for 'filedAt:"2023-06-16"'.
J. Boasberg awards $313,000 in attorney fees to an individual following his partially successful race discrimination claim against a federal employee union. The individual is not entitled to his request for $1.4 million in fees, as three of four of his claims were dismissed and he only won $100,000 in damages.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: June 16, 2023, Case #: 1:17cv2094, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Attorney Fees, Labor / Unions
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J. Heavican finds the trial court properly convicted defendant for murder and firearms offenses. Police located a Ford Explorer registered to defendant and identical to one shown on apartment complex security video from which shots were fired into a vehicle in which the victim was a passenger, hitting him in the back. The occupants of this vehicle were searching for a drug dealer they intended to rob. Defendant, in a separate investigation, was discovered to be involved in drug dealing, and had previously been robbed. Cell phone tower data showed that defendant and the victim were in the same area at the same time, which was also consistent with the security video. All evidence was properly admitted and strongly supports conviction. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican, Filed On: June 16, 2023, Case #: S-22-443, Categories: Drug Offender, Evidence, Murder
J. Niemeyer finds the lower court properly granted judgment to the railroad company. The employees failed to show that they were fired for discriminatory reasons and not for being dishonest after over 65 employees submitted format at the same time after being furloughed requesting to take medical leave based on claimed minor soft-tissue injuries sustained while off duty in hopes of enjoying health and welfare benefits for up to two years. Affirmed.
Court: 4th Circuit, Judge: Niemeyer, Filed On: June 16, 2023, Case #: 21-2051, Categories: Employment, Health Care, Employment Discrimination
J. Conley orders Enbridge to stop operating portions of its oil and gas pipeline on the Chippewa tribe's reservation lands within three years, in part given Enbridge has been found to be trespassing on the lands under expired easements and the potential environmental impacts of ongoing riverbed erosion damaging the pipeline. Enbridge is also ordered to pay the tribe $5.1 million in damages for trespass calculated based on profits it netted while trespassing, additionally pay the tribe for each quarter it continues to trespass and adopt a modified, "more conservative" version of its proposed emergency shutdown plan for the pipeline. An immediate shutdown of the pipeline is not ordered, as the threat of rupture is not imminent and such an abrupt shutdown could severely disrupt markets for oil and natural gas and burden low-income energy consumers.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: June 16, 2023, Case #: 3:19cv602, NOS: Torts to Land - Real Property, Categories: Environment, Tort, Native Americans
J. Bress finds that the district court improperly denied qualified immunity to police detectives in an action alleging the detectives used excessive force when they pointed a gun at an individual and forcefully extracted him from a car, without identifying themselves as law enforcement officers. Reversed.
Court: 9th Circuit, Judge: Bress, Filed On: June 16, 2023, Case #: 21-16706, Categories: Civil Rights, Immunity
J. Cassel finds the district court improperly found in favor of the hybrid popcorn seed grower in this dispute over rent to be paid on its leased property. The lease is susceptible of at least two reasonable interpretations and is ambiguous regarding minimum rent. The district court erred in entering partial summary judgment because the court should not have settled the meaning of the contract. Issues at trial were then based on a flawed premise. Reversed and remanded.
Court: Nebraska Supreme Court, Judge: Cassel, Filed On: June 16, 2023, Case #: S-22-488, Categories: Agriculture, Landlord Tenant, Contract
J. Drozd denies, in part, the state, highway patrol and officer’s motion for summary judgment on an individual’s claims arising from a non-lethal police shooting. There are genuine issues of material fact regarding the individual's claims for negligence, battery, and unreasonable search and seizure.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: June 16, 2023, Case #: 2:19cv2343, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence
Per curiam, the court of appeal finds that the trial court improperly denied defendant’s appeal challenging his sentence as a prison releasee reoffender. Defendant served time previously in jail and not prison and does not qualify as a prison releasee reoffender. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: June 16, 2023, Case #: 2D22-2562, Categories: Sentencing
J. Jackson finds that the Second Circuit improperly upheld the district court’s sentencing of defendant, who was convicted of aiding and abetting a murder and conspiracy to distribute drugs. The court erred in believing it was unable to apply the sentences concurrently. Reversed.
Court: US Supreme Court, Judge: Jackson, Filed On: June 16, 2023, Case #: 22-49, Categories: Drug Offender, Firearms, Sentencing
J. Loken finds a lower court properly sentenced a defendant to 120 months in prison for conspiracy to distribute 500 grams or more of cocaine. The defendant argued that the lower court erred in enhancing his sentence. However, the government sufficiently showed in court that the defendant has a prior conviction for a drug felony. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: June 16, 2023, Case #: 22-1447, Categories: Drug Offender, Sentencing, Conspiracy
J. Tydingco-Gatewood partially grants summary judgment to a water meter company accused by the Guam Waterworks Authority of selling defective water meters used to replace failing ones already in use by the authority. The statute of limitations applies for a deceptive statements claim as tolling began as soon as the defective meters were discovered in 2014, well outside of the limitation deadline. The disclaimer on the warranty for the meters was also conspicuous and presented in good faith. Summary judgment for damages for other contract and warranty claims is granted, as no evidence shows the meter company delayed shipments on replacement meters to the point of extreme revenue loss for the authority.
Court: USDC Guam, Judge: Tydingco-Gatewood, Filed On: June 16, 2023, Case #: 1:20cv32, NOS: Other Contract - Contract, Categories: Jurisdiction, Warranty, Contract
J. Doughty denies a request by the Texas-based manufacturer of a recreational vehicle to dismiss or transfer on jurisdictional grounds, claims by two Louisiana residents who allege their RV is defective. The RV malfunctioned in Louisiana, and the manufacturer directed the litigants to an authorized repair center in Louisiana which began the repair process and documented the repairs required by the manufacturer. The unhappy customers have also shown that their legal claims result from their Louisiana contacts. Because the litigants’ claims are related to the RV-maker’s activities in Louisiana, it is not unreasonable to subject the manufacturer to suit in a Louisiana court. The ruling is based on a magistrate judge's report.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: June 16, 2023, Case #: 1:22cv138, NOS: Other Contract - Contract, Categories: Vehicle, Jurisdiction, Warranty
J. Delort finds that the lower court properly dismissed the husband's petition to invalidate the marriage and to terminate maintenance. There is no evidence to support the husband's claim that he was so under his wife's "dominance and control" that he was incapable of knowingly consenting to the marriage. Affirmed.
Court: Illinois Appellate Court, Judge: Delort, Filed On: June 16, 2023, Case #: 221039, Categories: Family Law