191 results for 'filedAt:"2023-07-28"'.
J. Marbley denies the nonprofit education group's motion for a preliminary injunction, ruling it is unlikely to prevail on its First Amendment claims against the school district and its anti-bullying policies because the "misgendering" policy that punishes students who refuse to call transgender classmates by preferred pronouns fits into a First Amendment exception used to prevent speech that gives rise to physical or psychological harm. Although students do not lose all First Amendment protections while at school, the policies in question are specifically designed to lessen harassment of transgender students who face four times the amount of bullying as their classmates and foster an environment in which all students can learn without interruption or harassment.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: July 28, 2023, Case #: 2:23cv1595, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, First Amendment
Per curiam, the appellate division finds the trial court properly convicted defendant of second-degree murder. There is no evidence that defendant was justified in shooting and killing the victim, and defendant was identified by police 30 minutes after the shooting where the shooting took place. Further, statements made by defendant during transport to the police station were made voluntarily. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: KA 19-01868, Categories: Murder
J. Bolden finds the trial court improperly convicted defendant for breaking and entering as a fourth-offense habitual offender. Defendant moved to terminate his appointed attorney, asserting multiple claims of ineffective assistance. Though defendant requested to defend himself, the court entered no formal waiver of counsel, invalidating the effective waiver. Defendant was not required to affirmatively invoke his Sixth Amendment right to counsel in order to preserve the right and was not required to object to the invalid waiver. The cited forfeiture doctrine does not apply. Reversed and remanded.
Court: Michigan Supreme Court, Judge: Bolden, Filed On: July 28, 2023, Case #: 162327, Categories: Ineffective Assistance, Trespass, Due Process
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[Consolidated.] J. Stevens finds that the lower court improperly issued discovery orders in this wrongful death and survival action brought by the decedent of a foster care parent murdered by her foster child, then 17 years old. The court’s order was improperly based on the ground that the discovery did not seek information from the foster care case record. Vacated.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: July 28, 2023, Case #: J-A10034-23, Categories: Civil Procedure, Negligence, Wrongful Death
J. Kunselman finds that the lower court improperly denied a mother's request to relocate from Pennsylvania to Florida with her 7-year-old daughter and 1-yearold son, taking the children further from their father, a Rhode Island resident. The court abused its discretion. Reversed.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: July 28, 2023, Case #: J-A09005-23, Categories: Evidence, Guardianship
Per curiam, the appellate division finds the trial court improperly dismissed the complaint, which alleges the neighbors built a new driveway that encroached on the owner's property and were improperly granted a variance. The zoning board reasonably considered and weighed the benefits and costs of the variance, but the complaint adequately alleged trespass. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 21-01355, Categories: Property
Per curiam, the appellate division finds the trial court properly ruled in favor of the architects in the complaint, which alleges the employee fell down the stairs when working in the storage area. The architect showed it did not create or exacerbate a dangerous condition, and an affidavit showed the stairway complied with state and local building codes. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 22-00391, Categories: Negligence
J. Hamilton reverses a district court ruling in favor of a communications call center and against the E.E.O.C.’s disability discrimination suit on behalf of a vision-impaired employee who sought a work-scheduling accommodation to allow him to drive more safely to work. The lower court held that the employer had no obligation to accommodate the employee’s commute because his disability did not affect his ability to perform any essential function of his job once he arrived at the workplace. The appeal court disagreed. When an employee’s disability interferes with essential job attendance or whether particular accommodations are reasonable should be an analysis undertaken on a case-by-case basis. If a qualified individual’s disability substantially interferes with his ability to get to work, an employer may sometimes be required to provide commuter-related accommodation, if reasonable under the circumstances. Reversed.
Court: 7th Circuit, Judge: Hamilton, Filed On: July 28, 2023, Case #: 22-1231 , Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Knepp grants the majority owner's motion to dismiss, ruling the lack of any allegation of fraud as it pertains to the arbitration agreement by the minority owner renders that provision enforceable. Therefore, because the fiduciary duty claims are covered under the arbitration clause, the case must be dismissed and submitted to an arbitrator.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: July 28, 2023, Case #: 3:23cv1079, NOS: All Other Real Property - Real Property, Categories: Arbitration, Fiduciary Duty, Contract
Per curiam, the appellate division finds the trial court properly convicted defendant of second-degree murder and weapons charges following a fatal shooting outside a store. There was no reasonable view that would have justified the use of deadly physical force as a defense, and the defense attorney was familiar with the case and defendant's background before taking over. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: KA 10-01373, Categories: Murder
Per curiam, the circuit court finds that the district court properly found for the makers of an antidepressant sued by mothers who claimed their use during pregnancy led to autism spectrum disorder in their children. Exclusion of testimony on general causation by one of the mothers' expert witnesses defeated their contention that prenatal exposure to the drug Lexapro resulted in the disorder in the population at large. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: July 28, 2023, Case #: 22-146, Categories: Product Liability, Experts
J. Wormuth grants a public school teacher’s leave to file an answer after he was sued by a former student for allegedly sexually grooming her and otherwise violating her civil rights — conduct that led to a criminal charge against the teacher for sexual contact with a minor. The teacher has shown “excusable neglect” for failing to timely file, and besides this court prefers to “decide claims on their merits rather than on pleading technicalities” — though he may not assert new qualified immunity defenses, as he has not done so before and his delay on that front is not excusable.
Court: USDC New Mexico, Judge: Wormuth, Filed On: July 28, 2023, Case #: 2:20cv276, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Immunity
Per curiam, the appellate division finds the trial court improperly allowed the petition to proceed which sought to maintain the Christopher Columbus monument in its current form in downtown Syracuse. There is nothing in the city's charger that prevents the city from altering or moving a monument. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 22-00380, Categories: Civil Rights
J. Wilson finds that the district court improperly denied defendant's habeas petition for relief from his life sentence for murder. The habeas court incorrectly found that defendant would not have accepted a mid-trial plea offer of 30 years in prison based on his prior rejection of a plea offer for a life sentence with the possibility of parole. The state habeas court also incorrectly found that the trial court would not have accepted the 30-year plea deal because defendant maintained that he was innocent. Defendant was entitled to maintain his innocence. The case is remanded for an evidentiary hearing related to defendant's attorney-client relationship with his counsel, their communication, and the plea offer. Vacated.
Court: 11th Circuit, Judge: Wilson, Filed On: July 28, 2023, Case #: 21-13756, Categories: Habeas, Ineffective Assistance, Plea
J. Africk denies a request by a woman who shot and killed her husband in 2015 for a Temporary Restraining Order, blocking litigation in state court initiated by his two children over their father’s pension benefits. Whether her killing of her husband was justified has been an issue in state civil actions and federal court, where insurance companies have sought a ruling to determine to whom his insurance proceeds must be paid. After a years-long absence, the woman appears to have turned to federal court only when it appeared that the state litigation would not resolve in her favor. Her request for a TRO is denied based on principles of federalism and out of respect for the state courts’ orders.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: July 28, 2023, Case #: 2:22cv3962, NOS: Other Statutory Actions - Other Suits, Categories: Insurance, Jurisdiction, Wrongful Death
Per curiam, the appellate division finds the trial court improperly allowed the complaint to proceed, which alleged the health care professionals failed to properly care for the 27-day-old child and caused its death. Evidence shows the endrotracheal tube was properly placed in the infant, and CPR compressions can dislodge a tube through no fault of emergency technicians. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 22-00821, Categories: Medical Malpractice
J. Summerhays denies summary judgment to Home Depot on its argument that two customers, allegedly injured by falling PVC pipes, have not produced any evidence — such as W2 forms, pay stubs or bank records — to support wage loss claims arising from their respective post-accident back surgeries. The store customers’ claim for loss of past earnings need not be proven with “mathematical certainty.” Their deposition testimony that they missed three months of work in order to recover from surgery creates a genuine issue of material fact as to lost earnings.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: July 28, 2023, Case #: 6:22cv642, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Evidence, Damages
J. Jenkins finds that the trial court should not have denied defendant's motion to exclude other crimes evidence in his trial for first degree rape and home invasion. In this case, the testimonial statements made by the victim against defendant in 2014 related to a simple robbery charge did not involve sexual contact or sexually assaultive acts because there was no sexual contact. Further, the statements are not probative of the instant charges against defendant. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: July 28, 2023, Case #: 2023-K-0253, Categories: Evidence, Sex Offender
J. Mathis finds the trial court erroneously failed to make factual findings regarding defendant's self-defense claim during sentencing for his assault conviction. Although defendant was a felon in possession of a firearm, the government was required to prove by a preponderance of the evidence he did not act in self-defense before the court could impose a sentencing enhancement, which it did not. Reversed.
Court: 6th Circuit, Judge: Mathis, Filed On: July 28, 2023, Case #: 22-3799, Categories: Firearms, Sentencing, Self Defense
Per curiam, the appellate division finds the trial court properly convicted defendant of criminal possession of controlled substances and weapons. The court did not abuse its discretion by holding an evidentiary hearing, defendant failed to preserve certain arguments, and defendant did not express dissatisfaction with his counsel during the plea proceeding. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: KA 20-00259, Categories: Drug Offender, Weapons
J. Seybert allows the bulk of claims asserted in a class action deceptive marketing complaint brought against the manufacturers of an alleged compostable dog poop bag product to survive. The litigants plausibly allege that consumers paid a premium on the product on the belief that composting facilities may be available in their area to accept pet waste material when in fact no such facility currently exists within the entire U.S. due to the presence of harmful parasites and bacteria in the waste.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: July 28, 2023, Case #: 2:21cv6775, NOS: Truth in Lending - Torts - Personal Property, Categories: Product Liability, Class Action
Per curiam, the appellate division finds the trial court properly dismissed the complaint, which alleges the insurer wrongfully failed to indemnify the the driver in a premises liability claim. The policy did not provide personal liability coverage for others involved in a car collision other than the insured locations. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 22-00898, Categories: Insurance