135 results for 'filedAt:"2023-07-05"'.
J. Cole adopts the magistrate judge's findings and grants the employer's motion for summary judgment, ruling the employee's race discrimination claim fails as a matter of law because she did not present evidence of any non-black coworkers treated better than her, or that she was replaced by an employee outside of her protected class. Meanwhile, at least three witnesses testified the coworker who harassed the employee harassed nearly everyone at the office, regardless of race, and while this may be poor workplace conduct, it cannot be used as the foundation for a hostile work environment claim.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: July 5, 2023, Case #: 1:19cv670, NOS: Employment - Civil Rights, Categories: Employment, Evidence, Employment Discrimination
J. St. Eve finds that the immigration board properly ordered the Honduran citizen deported, despite his legitimate fear that he will be next victim in a decades-long feud between his family and another family sparked by a fatal romance in 1996. The immigrant cannot show that the Honduran government is unable or unwilling to protect him from persecution. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: July 5, 2023, Case #: 22-2909, Categories: Immigration
J. Hamilton finds that the lower court improperly ruled for the railroad, finding it had no notice of any defect in the railroad switch before it malfunctioned and seriously injured a conductor's neck. The conductor presented sufficient evidence to create a genuine dispute as to whether the railroad should have known that the switch was defective before he was injured. Reversed.
Court: 7th Circuit, Judge: Hamilton, Filed On: July 5, 2023, Case #: 22-2437, Categories: Employment, Tort
J. Cote finds the city of Hamilton, Bermuda liable for breach of an escrow agreement with the Mexican financier of a Bermudan construction project, for which New York Mellon served as the escrow agent and is not liable. The project failed when a nonparty misappropriated funds from the financier's bridge loan and absconded. The city's authorization of the disbursement of funds before the final drawdown was finalized breached its obligations to the financier.
Court: USDC Southern District of New York, Judge: Cote, Filed On: July 5, 2023, Case #: 1:17cv6424, NOS: Other Contract - Contract, Categories: Construction, Banking / Lending, Contract
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[Consolidated.] J. McClendon finds that the trial court erred in ruling that the language in the decedent's will was sufficient to terminate the lease agreement and revoke the third-party stipulation in favor of the daughter. The case is remanded to determine the amount of third-party benefits in the form of rental payments that are owed to the daughter. Reversed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: July 5, 2023, Case #: 2022CA0863, Categories: Landlord Tenant, Wills / Probate, Contract
J. Savoie finds that the trial court improperly found the ex-wife in contempt and that she was liable for sanctions due to allegedly frivolous pleadings. There was no judgment ordering the ex-wife to pay or reimburse for the child's tuition at the specified private school. Also, the ex-wife's motion for a new trial was not sanctionable. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: July 5, 2023, Case #: CA-22-804, Categories: Contempt, Family Law, Sanctions
J. Boggs finds that the appeals court improperly overturned the trial court's decision granting defendant's motion to suppress evidence obtained during a search by a Kingsland police officer outside the Kingsland city limits in Camden County. The search led to defendant's arrest for a drug offense. The appeals court incorrectly found that the officer had authority to perform the stop and search because she had been deputized by the Camden County sheriff's office seven years earlier. A dispute exists as to whether the officer was still deputized when she arrested defendant. The appeals court is directed to remand the case to the trial court for clarification as to whether the ruling that the officer lacked authority to stop and search defendant was based on a finding that the officer was deputized for particular cases only. Vacated.
Court: Georgia Supreme Court, Judge: Boggs, Filed On: July 5, 2023, Case #: S22G1050, Categories: Drug Offender, Search
J. Keller finds the lower court properly terminated the mother's parental rights and granted permanent custody of her oldest child to family services. Although she had assumed a responsible role in the life of her newborn, an independent analysis of her parenting skills in relation to the older child showed she was unable to rehabilitate past behavioral issues, including several arrests and frequent relapses into drug addiction. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Keller, Filed On: July 5, 2023, Case #: AC46183, Categories: Evidence, Family Law
J. Gilson finds that the trial court properly suppressed evidence in claims contending defendant crashed his vehicle into a gas station after injecting himself with fentanyl-laced heroin, killing three people. The warrantless search of defendant's clothing performed incidental to his arrest was lawful, and safety concerns existed on grounds that another uncapped syringe may have been contained in his clothing. Affirmed.
Court: New Jersey Appellate Division, Judge: Gilson , Filed On: July 5, 2023, Case #: A-2329-21, Categories: Drug Offender, Search, Vehicular Homicide
J. Rice partially grants class certification for the package driver's claim that UPS did not comply with the Uniformed Services Employment and Reemployment Rights Act when it did not compensate his short-term leaves, which he took as part of his obligations to the Army Reserve. The driver sufficiently identifies common questions of law and fact involving himself and other package drivers, such as how non-military leave is not comparable to military leave under USERRA for those who require it.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: July 5, 2023, Case #: 2:21cv114, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Military, Class Action
J. Partida-Kipness finds that the lower court improperly granted summary judgment against the appellant on his Dram Shop claim, which stems from a car collision. The evidence sufficiently raised an issue of fact as to whether a driver was "obviously intoxicated" when he was served alcohol at the defendant restaurant. Reversed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: July 5, 2023, Case #: 05-21-00988-CV, Categories: Evidence, Tort, Negligence
J. Rakoff denies The Four Seasons hotel's motion to compel arbitration and to strike class allegations in this suit brought by employees who were placed on indefinite furlough pursuant to Covid-19 protocols. Factual allegations suggest that the employees were subject to an effective permanent layoff, lasting longer than 6 months. Such claims are contractually exempt from mandatory arbitration. A class-action waiver cited by the hotel is not applicable.
Court: USDC Southern District of New York, Judge: Rakoff , Filed On: July 5, 2023, Case #: 1:22cv6781, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Employment, Covid-19
J. Stadtmueller finds partially in favor of the pharmaceutical company in a lawsuit it faces from a competitor alleging multiple claims, including under the Lanham Act, involving the company's false representations about its medical and probiotic products, particularly as a generic equivalent to the competitor's products. The company's motion for reconsideration of the court's previous order in part analyzing its representation that its products contain the "same" probiotic bacteria as the competitor's products is denied, as it largely goes over arguments the company has already made. The company's motion to stay the corrective letters portion of the court's injunction pending appeal is denied, and its motion to dismiss the competitor's unfair competition claim under the Act is granted without prejudice.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: July 5, 2023, Case #: 2:20cv192, NOS: Trademark - Property Rights, Categories: Trademark, Unfair Competition
J. Murphy finds in favor of the employer in a disability discrimination and hostile work environment action arising after an employee was determined to have voluntarily resigned from her job by refusing to come back to work in April 2020 for fear of the Covid-19 virus. The employee alleged that the employer violated the Family First Coronavirus Response Act when it fired her. The employer properly exercised its discretion by excluding the employee from the paid sick leave provision of the Act because she was a health care provider. The employee failed to show that she was disabled. The employee was diagnosed with prediabetes, has never been diagnosed with actual diabetes and there is no evidence that her prediabetes impacted her ability to do her job.
Court: USDC Eastern District of Michigan, Judge: Murphy, Filed On: July 5, 2023, Case #: 2:21cv10805, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Covid-19
J. Miller finds the trial court properly ruled against the debtor in the bank's lawsuit against him and his wife when they fell behind on payments toward a line of credit. Contrary to the debtor's argument, the relevant law and Florida civil procedures do not take away the trial court's jurisdiction to adjudicate claims against the debtor just because his wife already separately negotiated a settlement with the bank and stipulated to a voluntary dismissal of the claims against her. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: July 5, 2023, Case #: 22-1076, Categories: Jurisdiction, Contract
J. Clement finds the lower court improperly denied an insurance company’s motion to dismiss. A vehicle hit a commercial building, causing damage. The building owners signed a release when they accepted $25,000 from the driver’s insurance company; they then filed a claim with their insurance company for damages. The insurance company notified them there was no coverage under the policy, as the owners essentially settled when they signed the release. By signing the release, the owners violated the terms of the policy, as it was done without the insurance company’s knowledge, and it terminated its ability to recover costs from the driver via subrogation. The instant court finds the building owners actions materially breached the policy, and the matter is remanded for dismissal of all claims against the insurance company. Reversed.
Court: Tennessee Court of Appeals, Judge: Clement, Filed On: July 5, 2023, Case #: W2022-01209-COA-R9-CV, Categories: Insurance, Property, Contract
J. McClarty finds the lower court improperly awarded summary judgment in this matter of alleged violations of the Tennessee Consumer Protection Act (TCPA) and the Government Imposters and Deceptive Advertising Act (GIA). The state claims the companies send solicitation mailers to Tennessee corporations that consumers believe to be from state government offices, and that they must complete the forms and pay the company in order to be in compliance with state laws. The lower court awarded summary judgment to the companies as it found the materials were not deceptive, but the instant court finds sufficient evidence was presented to find that questions of material fact remain. Vacated.
Court: Tennessee Court of Appeals, Judge: McClarty, Filed On: July 5, 2023, Case #: M2022-00214-COA-R3-CV, Categories: Consumer Law, False Advertising
J. Riggs finds that the trial court improperly adjudicated a minor child negligent and dependent since the single incident presented to the court was insufficient to establish a pattern of neglect or dependency. Reversed.
Court: North Carolina Court of Appeals, Judge: Riggs, Filed On: July 5, 2023, Case #: COA22-683, Categories: Family Law
J. Dillon finds that the trial properly convicted defendant of driving under the influence and reckless driving based on the evidence since defendant received a fair, error-free trial. Affirmed.
Court: North Carolina Court of Appeals, Judge: Dillon, Filed On: July 5, 2023, Case #: COA22-408, Categories: Dui
J. Lorish finds the lower court improperly dismissed defendant’s motion to suppress evidence obtained during the course of a warrantless search. The trial court found that a deputy lawfully searched a passenger in a vehicle during the course of a traffic stop based on the attending officer’s belief she was in possession of narcotics. The instant court finds there was probable cause to make an arrest, but without an arrest, probable cause is not sufficient for a warrantless search. Reversed.
Court: Virginia Court Of Appeals, Judge: Lorish, Filed On: July 5, 2023, Case #: 0744-22-4, Categories: Drug Offender, Search
J. Humphreys finds the lower court improperly granted a motion to mark judgment satisfied in this matter concerning damages related to a vehicle accident. Brown was awarded a judgment of $286,000 against Kirkpatrick for damages. Kirkpatrick’s insurance company paid him $50,000 per the policy limit, and the balance was paid to Brown via his underinsured motorist coverage. While Brown’s insurance company waived its right to subrogation, Brown claims he retains the right to pursue recovery against Kirkpatrick for the amount of the damages, and that Kirkpatrick should not receive a credit for or absolved of paying what Brown’s insurance company paid out under the underinsured motorist coverage, nor should he be released from his liability to satisfy the judgment. Reversed.
Court: Virginia Court Of Appeals, Judge: Humphreys, Filed On: July 5, 2023, Case #: 1100-22-1, Categories: Insurance, Tort, Damages
J. Anderson reverses the Court of Appeals' reversal of the district court's ruling that a will's devise to the heirs of the decedent's ex-wife failed as a matter of law. The language of such a will cannot be read in a vacuum, and the circumstances in which the will was executed suggest that the portion of the estate given to the wife's "heirs-at-law" would have ceased to exist after the marriage's dissolution.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: July 5, 2023, Case #: A21-1420, Categories: Family Law, Wills / Probate
J. Tanenbaum finds that the circuit court properly ruled in this dispute over a time-sharing plan for the parties' minor child because evidence supported the ruling awarding the mother primary custody. Affirmed.
Court: Florida Courts Of Appeal, Judge: Tanenbaum, Filed On: July 5, 2023, Case #: 1D22-888, Categories: Family Law