132 results for 'filedAt:"2023-08-21"'.
J. Jenkins, in answer to a question certified from the U.S. Ninth Circuit, holds that the Fair Employment and Housing Act's definition of an employer, which includes "any person acting as an agent of an employer," allows employment discrimination liability to attach to a business entity that carries out Act-regulated activities as an agent of an employer.
Court: California Supreme Court, Judge: Jenkins, Filed On: August 21, 2023, Case #: S273630, Categories: Employment
J. Hightower grants the companies' and individuals' motion to stay proceedings in a fraud, breach of fiduciary duty and conspiracy class action brought by investors pending resolution of a related criminal case. The investors allege they are victims of a $1.8 billion Ponzi scheme. The indictment against two individuals overlaps significantly with the conduct alleged by the investors. The investors' interest in a speedy resolution to the case is outweighed by the individuals' constitutional interests. The individuals are unlikely to be able to effectively defend the instant civil case without being pressured into waiving their Fifth Amendment rights.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: August 21, 2023, Case #: 1:19cv1050, NOS: Stockholders’ Suits - Contract, Categories: Civil Procedure, Fraud, Class Action
J. Moore finds the student was properly awarded attorney fees by the trial court on his due process claim related to the university's refusal to issue him a copy of his transcript. Although the transcript was eventually produced, the university only complied after being urged by the court, which rendered the student the prevailing party on that portion of his lawsuit. However, because the university altered its disciplinary policies after a ruling from this court in another case, the trial court lacked jurisdiction over the due process claims made in the student's amended complaint and he could not be considered the prevailing party on those claims; therefore, the award of attorney fees will be vacated so the court can recalculate the proper amount based on this ruling.
Court: 6th Circuit, Judge: Moore, Filed On: August 21, 2023, Case #: 22-1654, Categories: Civil Procedure, Due Process, Attorney Fees
J. Davenport finds that the lower court properly convicted defendant of driving with a revoked license, but improperly sentenced him to eight years in prison. The state failed to provide the trial court with a factual basis for applying an enhancement to his sentence, so it shall be remanded for a new trial. Affirmed in part.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: August 21, 2023, Case #: 210460, Categories: Sentencing, Vehicle
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J. McMillian finds that the trial court properly convicted defendant of murder, armed robbery and other offenses. An unindicted accomplice's testimony was sufficiently corroborated by other evidence, including evidence that defendant matched the physical description of the assailant and that defendant's fingerprint was found at the crime scene. Any error the trial court committed in admitting evidence of a home burglary was harmless in light of the strong evidence against defendant. Affirmed.
Court: Georgia Supreme Court, Judge: McMilliian, Filed On: August 21, 2023, Case #: S23A0636, Categories: Murder, Robbery
J. Higginson finds the district court improperly denied qualified immunity to the Texas Parks and Wildlife game wardens, accused of civil rights violations when investigating allegations of the property lessee’s illegal hunting leasing and title forgery. The lessee did not have permission from property owners to sell hunting opportunities, nor did he have a hunting lease license. He alleges that the wardens did not have probable cause, but does not argue the wardens knowingly withheld information, so he has not shown the independent intermediary’s deliberations or decisions were tainted. Independent-intermediary doctrine defeats his allegations that there was no probable cause to prosecute him. Reversed and remanded.
Court: 5th Circuit, Judge: Higginson , Filed On: August 21, 2023, Case #: 21-51105, Categories: Civil Rights, Constitution, Immunity
J. Kethledge finds the double jeopardy clause did not preclude defendant from being charged with murder for the death of his son several years after he pleaded guilty to a child endangering charge. Although the lesser-included offense of manslaughter was initially included in the original indictment, it was dismissed as part of the plea agreement. A criminal defendant is only "in jeopardy" when a court or jury has the power to determine guilt or innocence, and because the manslaughter charge was dropped before it could be placed before any trier of fact, defendant cannot seek to dismiss the murder charge on double jeopardy grounds. Affirmed.
Court: 6th Circuit, Judge: Kethledge, Filed On: August 21, 2023, Case #: 21-4229, Categories: Murder, Double Jeopardy, Plea
J. Rochon partially denies the magazine owner's motion to dismiss the former editor-in-chief's sex, age, and religious discrimination claims. The owner allegedly mocked the editor's clothes as being "standard Mormon attire" and made discriminatory comments about her Mormon faith. Further, the owner allegedly fired her on the cusp of the Covid-19 pandemic, knowing that she was a single mother, and would need to work from home to care for her children.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: August 21, 2023, Case #: 1:22cv6431, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. McMillian finds that the appeals court improperly upheld the trial court's denial of the husband's motion to exclude a police sergeant's testimony in a negligence action brought by the husband against the driver and the employer arising from a car collision that killed his wife and injured his son. An investigating police officer providing expert testimony is subject to the same inquiry as all witnesses offering expert opinion testimony. The trial court incorrectly failed to conduct a full analysis and failed to consider the reliability or helpfulness of the sergeant's testimony. Vacated.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: August 21, 2023, Case #: S22G0905, Categories: Negligence, Experts
J. Peterson finds that the trial court properly convicted defendant of murder and other offenses. The trial court correctly admitted evidence of a robbery because it was relevant to show defendant's state of mind. Both offenses happened in the same area and involved the use of a gun. Defendant failed to show that the probative value of the evidence was outweighed by unfair prejudice. Defendant failed to show that his trial counsel was deficient for failing to request a jury instruction on self-defense. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: August 21, 2023, Case #: A23A0599, Categories: Evidence, Ineffective Assistance, Murder
J. Quinn finds that the lower court improperly denied the appellant's motion to stay the litigation pending arbitration. The appellant's suit against multiple subcontractors did not waive its right to arbitration. The subsequent summary judgment in favor of one of the subcontractors is also due to be reversed, as the case "should have been stayed." Accordingly, the matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: August 21, 2023, Case #: 07-23-00178-CV, Categories: Arbitration, Civil Procedure
J. Somers finds for plaintiff in this pre-award bid protest over a contract to overhaul and repair aircraft propeller components because plaintiff sufficiently pleaded that solicitation requirements unduly restrict competition.
Court: Court of Federal Claims, Judge: Somers, Filed On: August 21, 2023, Case #: 23-330C, Categories: Contract
J. Gleason denies in part an individual's motion for partial summary judgment in a dispute over wages. The individual alleges that she was entitled to a 10 percent crew share of the catch for her work as a deckhand on a fishing vessel. The owners paid her 5 percent. A genuine dispute exists between the parties as to the wage they agreed upon.
Court: USDC Alaska, Judge: Gleason, Filed On: August 21, 2023, Case #: 3:23cv35, NOS: Marine - Contract, Categories: Employment, Maritime, Contract
J. Seeger denies a coalition of egg producers’ motion to exclude evidence regarding egg exports in this antitrust case. The suing food companies claim the producers artificially increased the domestic price of eggs in the U.S. by exporting more eggs globally and selling them in markets abroad for lower prices than paid by U.S. consumers. The court finds any evidence regarding this claim is necessarily relevant to the case, and so denies the producers’ motion to exclude.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: August 21, 2023, Case #: 1:11cv8808, NOS: Antitrust - Other Suits, Categories: Agriculture, Antitrust, Trade
J. Bucklo partially grants Microsoft’s motion to dismiss a biometric privacy class action. A sales worker claims his employer captured his facial data via video data he uploaded to an application using Microsoft software, and brought multiple counts under four subsections of the Illinois Biometric Information Privacy Act. The worker’s claim under section 15(a) claim stands, but the court dismisses his 15(b) and (d) claims without prejudice for failure to state a claim.
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: August 21, 2023, Case #: 1:23cv695, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Privacy, Class Action
J. Whelan finds that a former employee may pursue wrongful discharge claims against his employer. Although the employee alleges that he "resigned" in his declaratory relief cause of action, he alleges in his wrongful discharge cause of action that the employer sent him a termination letter. While both claims cannot be true, "this inconsistency is permitted under the Federal Rules of Civil Procedure, which allow pleading in the alternative."
Court: USDC Southern District of California, Judge: Whelan, Filed On: August 21, 2023, Case #: 3:23cv1164, NOS: Other Contract - Contract, Categories: Civil Procedure, Employment
J. Reilly reverses the district court's dismissal of the former prisoner's claims arising from a sexual assault by a correctional officer. The state and its department of corrections and commissioner of corrections are not immune from vicarious liability as to the prisoner's tort claims, since the officer was acting in his official capacity at the time of the sexual assault and used his official authority to coerce her into silence. She has also pleaded facts sufficient to raise questions of fact as to whether the officer was acting within the scope of his employment. Reversed.
Court: Minnesota Court Of Appeals, Judge: Reilly, Filed On: August 21, 2023, Case #: A22-1827, Categories: Civil Rights, Tort, Prisoners' Rights
J. Currey finds that the trial court must revisit its judgment against a trucking company to allow it to contest its liability for a death caused by its driver and present evidence of comparative fault. The driver's admissions by default are not binding on his employer even if the employer faces vicarious liability for the driver's actions. Reversed in part.
Court: California Courts Of Appeal, Judge: Currey, Filed On: August 21, 2023, Case #: B318956, Categories: Damages, Wrongful Death
J. Boulee adopts the magistrate judge's recommendation and denies the parties' motions for summary judgment in an employment action brought by the employee alleging violations of the Family and Medical Leave Act. The employee claimed she was fired for requesting FMLA leave for a knee surgery. The employer's departure from normal policies by failing to put the employee on a performance improvement plan or implement progressive discipline raises a genuine issue of fact as to whether its stated reasons for firing her are pretextual.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: August 21, 2023, Case #: 1:21cv5256, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Retaliation
J. Jordan denies a county court’s motion to dismiss claims of race discrimination alleged by a terminated white administrator, who says the Black woman that replaced her had less experience yet received higher pay. The county’s board of supervisors is dismissed as a party, but the discrimination claims against the judge survive.
Court: USDC Southern District of Mississippi , Judge: Jordan, Filed On: August 21, 2023, Case #: 3:22cv643, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment, Employment Discrimination
J. Hartz finds that the lower court properly convicted defendant of possession of child pornography. Defendant claims that prosecutors made a series of errors during trial, such as preventing statements by his brother and allowing the government to present improper evidence of other types of pornography on his devices, but none of these alleged errors come close enough to justifying reversal. Affirmed.
Court: 10th Circuit, Judge: Hartz, Filed On: August 21, 2023, Case #: 22-5060, Categories: Prosecutorial Misconduct, Sex Offender
J. Warren finds that the trial court properly convicted defendant of murder, armed robbery, possession of a firearm during the commission of a felony and influencing a witness. Sufficient evidence was presented to support defendant's convictions. Defendant failed to show that his trial counsel performed deficiently or that he was prejudiced by the alleged deficiencies. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: August 21, 2023, Case #: S23A0508, Categories: Ineffective Assistance, Murder, Robbery
J. Warren finds that the trial court properly convicted defendant of murder, possession of marijuana with intent to distribute and possession of a firearm during the commission of a felony. Defendant failed to show that the trial outcome was likely affected by the trial court's failure to instruct the jury on justification and no duty to retreat. The evidence supporting defendant's self-defense theory was weak. Defendant also failed to show that the trial court committed any error by failing to instruct the jury on accomplice corroboration. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: August 21, 2023, Case #: S23A0550, Categories: Ineffective Assistance, Murder, Jury Instructions
J. Fleming grants the ERISA plan administrator's motion to dismiss, ruling the successor company to the original policyholder was not named on the plan and, therefore, was not an intended beneficiary of the plan and cannot seek damages for a one-month gap in coverage.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: August 21, 2023, Case #: 4:22cv208, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Contract
J. Stewart finds the district court improperly denied qualified immunity for the Louisiana State University professor after the student and undergrad teacher alleged violations of due process by the staff’s conspiring to prevent his enrollment in the theatre program. The student received a failing grade on a written assignment wherein he criticized and allegedly threatened staff and students who disagreed with his conservative opinions on sexuality. Because of this, other professors refused to accept him into their classes. The professors lacked adequate notice that their conduct was violative of the student’s constitutional rights. Without this notice they are entitled to qualified immunity Reversed and dismissed.
Court: 5th Circuit, Judge: Stewart, Filed On: August 21, 2023, Case #: 22-30588, Categories: Constitution, Education, Due Process