157 results for 'filedAt:"2023-07-20"'.
J. England denies, in part, an employer’s motion to dismiss a black employee’s racial discrimination and retaliation action. He has sufficiently pleaded he suffered an adverse employment action to support his discrimination claim, and has made adequate allegations to support his harassment and retaliation claims.
Court: USDC Eastern District of California, Judge: England, Filed On: July 20, 2023, Case #: 2:22cv343, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Yu finds that the lower court properly awarded an equitable fee award in an underlying foreclosure dispute. The prevailing party won their case based on the legal idea, outlined in another bankruptcy ruling ordered by this court the same day, that a bankruptcy does not have to trigger the statute of limitations on a deed of trust. As a result, the deed of trust in question in the foreclosure proceedings was timely commenced and the award was proper. Affirmed.
Court: Washington Supreme Court, Judge: Yu, Filed On: July 20, 2023, Case #: 100918-6 , Categories: Bankruptcy, Attorney Fees
J. Hicks grants a request by a Virginia-based media service provider and issues a preliminary injunction, temporarily blocking the owner of three Louisiana television stations from selling the TV stations and other assets to anyone other than media provider, according to their alleged contractual agreement. If the order were not issued, the Louisiana TV owner might irreparably harm the Virgina-based media provider by selling the TV stations and other assets, thereby infringing on the latter litigant’s contractual rights. Further, enjoining the Louisiana TV owner from breaching a contract it signed after months of negotiations can hardly be said to harm its interests. The threatened injury to the media provider outweighs the threatened harm to the owner of the three Louisiana TV stations.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: July 20, 2023, Case #: 5:21cv4212, NOS: Other Contract - Contract, Categories: Communications, Fraud, Contract
J. Wood finds that the lower court properly convicted defendant of murder, despite the jury's finding on a special-verdict form that defendant did not pull the trigger. Direct-appeal counsel was not deficient for declining to advance an inconsistent-verdict challenge because the omitted argument was meritless as a matter of state law. Furthermore, personal discharge of a firearm is not a required element of first-degree murder under Illinois law. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: July 20, 2023, Case #: 21-3162, Categories: Ineffective Assistance, Murder
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J. Corker partially grants the defendant companies' dismissal motion in this lawsuit involving a government contract for a residential compound in Somalia. The plaintiff company brings claims for breach of contract and tortious interference with a contract, after the prime contractor allegedly contracted with another company "to provide the residential services." The breach of contract claim is dismissed "as to the confidentiality provision in Article 14 of the MSA."
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: July 20, 2023, Case #: 3:21cv178, NOS: Other Contract - Contract, Categories: Interference With Contract, Contract
J. Treadwell grants the government's motion to dismiss the companies' action under the Administrative Procedures Act alleging that the government failed to fund their applications for relief under the Restaurant Revitalization Fund because their owner was a woman. The government stopped processing applications it originally prioritized for claims by women, veterans and disadvantaged people after two lawsuits challenged the constitutionality of the practice. The fund has no money remaining for new awards and expired in March 2023, therefore the companies' requested relief is moot.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: July 20, 2023, Case #: 5:21cv221, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Government, Covid-19
J. Clark finds that the lower court should have dismissed Warren County and the county social services department from negligence claims contending failure to protect children against sexual abuse in foster care. Plaintiff reported abuse to officials in Cayuga and Albany counties, but he did not provide like notice in Warren County to alert officials that his foster father represented a foreseeable danger. Reversed in part.
Court: New York Appellate Divisions, Judge: Clark, Filed On: July 20, 2023, Case #: 534798, Categories: Negligence
Vice Chancellor Will grants summary judgment to a fan-controlled pro football league company that offered a consulting partner an option to buy a team for $1,000 under an investment agreement. Even though the payment may have been nominal considering the $1 million investment agreement, the sum had to be paid to enforce the option. Thus, the option was unenforceable.
Court: Delaware Chancery Court, Judge: Will, Filed On: July 20, 2023, Case #: 2021-0476-LWW, Categories: Contract
J. Petersen holds that the district court must revisit a motion by the Office of Professional Conduct for the interim suspension of an attorney convicted of felony discharge of a firearm. The district court must look to the legal elements of an offense, not the particular facts of the criminal conduct, to determine whether a crime of conviction reflects adversely on an attorney's fitness to practice law and merits interim suspension.
Attorney discipline is based on the fact of a conviction, so an attorney facing discipline for a conviction is entitled to make legal but not factual challenges. Reversed.
Court: Utah Supreme Court, Judge: Petersen, Filed On: July 20, 2023, Case #: 20220116, Categories: Due Process, Attorney Discipline
J. Breyer dismisses private claims remaining against McKinsey and Co. in long-running legal battles over their marketing role in helping Purdue Pharma manufacture and sell opioids. The company has or is in the process of settling the claims with various government entities, Native tribes and private companies, but a handful of private plaintiffs have continued to sue the company on behalf of minors with neonatal abstinence syndrome. Negligence claims from the private plaintiffs cannot survive due to the fact that McKinsey, while key in helping boost the sales of opioids, was not directly in the business of prescribing them to pregnant women. Its consulting role in the opioid crisis is not enough to establish a special relationship between the women and the company.
Court: USDC Northern District of California, Judge: Breyer, Filed On: July 20, 2023, Case #: 3:21md2996, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Fraud, Product Liability
J. Flaum finds that the lower court improperly found for the police officer on wrongful death claims stemming from a pretrial detainee's death in custody. A jury could reasonably find that the officer's delay in responding to the cellmate's distress call diminished the detainee's chances of survival, as jail personnel did not reach the cell until he had stopped breathing entirely. Reversed.
Court: 7th Circuit, Judge: Flaum, Filed On: July 20, 2023, Case #: 22-2958, Categories: Civil Rights, Police Misconduct
J. Land finds that the trial court properly convicted defendant of DUI and traffic offenses. The trial court correctly denied defendant's motion in arrest of judgment alleging that the amended accusation against her was void because it was filed outside the two-year statute of limitation. Covid-19 judicial emergency orders suspended the running of the limitation period for 122 days, therefore the statute of limitation did not expire until after the amended accusation was filed. The state was not required to notify defendant of the Covid-19 tolling provision in the amended accusation. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: July 20, 2023, Case #: A23A1032, Categories: Criminal Procedure, Dui
J. Foley finds that defendant was properly found guilty of operating a commercial vehicle while intoxicated since the court properly admitted evidence of defendant's alcohol level from a second source. Affirmed.
Court: Indiana Court Of Appeals, Judge: Foley, Filed On: July 20, 2023, Case #: 22A-MI-2845, Categories: Evidence, Dui
J. Nathan finds that the district court properly dismissed free speech and equal protection claims smaller theater venues brought after being required to screen audiences for Covid-19 vaccinations during the height of the pandemic. Theaters alleged sufficient economic harm to meet injury-in-fact requirements for standing, but constitutional claims could not overcome the stated public health goal of tamping down the then-highly transmissible Delta variant. Affirmed.
Court: 2nd Circuit, Judge: Nathan, Filed On: July 20, 2023, Case #: 22-2599, Categories: Constitution, Covid-19
J. Badding finds that defendant was properly sentenced for threat of terrorism based on online posts laying out plans to drive by schools with a loaded automatic rifle, as the lower court sufficiently explained the reasons for imposing a prison sentence. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: July 20, 2023, Case #: 22-1774, Categories: Sentencing, Threats, Terrorism
J. Hurd preserves a white SUNY Albany student’s Title VI racial discrimination claim brought against the school, finding the student plausibly alleges the university discriminated against him on the basis that he is white after, pressured by local businesses and civil rights activists, it reversed its decision to fire the men’s basketball coach, who is Black, even though he had assaulted the student during an away game.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: July 20, 2023, Case #: 1:22cv1190, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Assault
Per curiam, the Fifth Circuit finds the trial court properly convicted defendant for sexually abusing a minor, sentencing him to life in prison. The 14-year-old victim reported abuse that she had kept secret since she was 11 after protective services sought to determine paternity of her son during a drug-based investigation of the home due to her fear that the father — her mother’s boyfriend — might obtain custodial rights. All evidence and witness testimony supports conviction. The court’s limiting of exhibits consisting of Facebook posts made between 2005 and 2021 did not violate the confrontation clause, as potential confusion or repetitive or marginally relevant interrogation outweighed probative effect. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 20, 2023, Case #: 22-50078, Categories: Evidence, Sex Offender, Child Victims
J. Gettleman grants the U.S. Immigration Service’s motion for summary judgment on six civil rights claims brought by a group of tax-exempt religious institutions, while denying the religious institutions’ motion for summary judgment on the same claims. U.S. immigration law since 1991 has forbidden foreign-born religious workers from applying for their green cards concurrently with their employers filing paperwork to confirm them as religious workers. Other categories of foreign workers can file for green cards at the same time as their employers file the corresponding paperwork. The religious institutions claim the discrepancy infringes on religious freedom protections by placing undue time constraints on foreign-born ministers’ visas, and risking interruption of the religious services they provide. The court rejects this argument for a number of reasons, including by denying that plaintiffs have been substantially burdened by the ban on concurrent filing, and by arguing that visa pressure does not prohibit foreign-born ministers from expressing their faith.
Court: USDC Northern District of Illinois, Judge: Gettleman, Filed On: July 20, 2023, Case #: 1:21cv3650, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Immigration, First Amendment
J. Bucklo grants Ford's motion to dismiss the claims of a named plaintiff in this product liability suit, as punishment for the named plaintiff spoliating evidence. Specifically, the named plaintiff traded in his Ford F-150 vehicle in October 2021 before his lease ended and without alerting Ford’s attorneys. As this class action case is about Ford allegedly selling and leasing F-150 trucks with faulty transmissions, and the plaintiff’s truck was a piece of evidence relevant to the case, the court finds that dismissing the plaintiff from the suit is a reasonable form of sanctions.
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: July 20, 2023, Case #: 1:19cv5045, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Sanctions, Product Liability, Class Action
J. Wright denies in part the government's motion for partial summary judgment in a wrongful death lawsuit after a government employee driving a van crashed into the decedent's motorcycle. Damages claims are brought by decedent's estate and by his parents. The estate "may proceed with its claim for pain and suffering damages, but only as to the time period beginning just before Decedent’s collision with the vehicle and ending with Decedent’s collision with the ground." The parents are entitled to recover funeral expenses, but there is a genuine issue of disputed fact regarding the amount.
Court: USDC Central District of California, Judge: Wright, Filed On: July 20, 2023, Case #: 2:22cv1529, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Wrongful Death
J. Bryant finds in favor of a severely disabled man on his Fair Credit Reporting Act claim, which alleged that CoreLogic violated the act by failing to disclose the man’s consumer report upon request. However, the court finds no actual damages, only statutory and punitive damages in the amount of $4,000 total, because there are “too many unanswered questions” for the court to find that WinnResidential would have accepted the man’s application to move in with his mother had she received his consumer report sooner.
Court: USDC Connecticut, Judge: Bryant, Filed On: July 20, 2023, Case #: 3:18cv705, NOS: Other Civil Rights - Civil Rights, Categories: Damages