117 results for 'filedAt:"2023-08-22"'.
J. Prost finds that the board of contract appeals improperly dismissed this contract dispute over government delays in connection with construction of a military compound in Afghanistan. Because the "sum-certain requirement is nonjurisdictional" for claims submitted under the Contract Disputes Act, the case is remanded to determine if the government has forfeited its right to challenge the satisfaction of the requirement. Reversed.
Court: Federal Circuit, Judge: Prost, Filed On: August 22, 2023, Case #: 21-2323, Categories: Administrative Law, Government, Contract
J. Dodge dismisses claims contending a VA police officer's superiors at the Butler VA refused to promote him because he is Black, as evidence was insufficient to determine whether he was entitled to the position, that he was the best candidate for the job, or that he had been subjected to retaliation for filing race discrimination claims with the EEOC.
Court: USDC Western District of Pennsylvania, Judge: Dodge, Filed On: August 22, 2023, Case #: 2:22cv304, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Stanfill finds that the lower court's judgment must be vacated and the matter remanded back to the Portland Planning Board for findings of fact, in this case concerning the proposed construction of a multi-unit residential building. The board's findings were "insufficient to enable meaningful appellate review." Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: August 22, 2023, Case #: 2023ME57, Categories: Civil Procedure, Real Estate
J. Carlyle finds that the lower court improperly entered an order certifying a class action as it relates to the tenants' section 92.056(g) claims against a landlord. The tenants may not proceed with their claims under that specific section, which relates to certain allegedly "missing lease language." The rest of the order is due to be affirmed, however, and the case is remanded for further proceedings. Reversed in part.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: August 22, 2023, Case #: 05-22-00781-CV, Categories: Landlord Tenant, Real Estate, Class Action
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J. Yarbrough denies FedEx's motion to dismiss a minimum wage case, ruling the flat rate exception to the Fair Labor Standards Act does not apply to the company's policy of paying certain package delivery employees a steady, daily wage regardless of the number of hours they work or packages they deliver. Although the package deliverers are rewarded for efficiency in the same way as flat rate employees, there is a critical distinction in that flat rate employees are paid for one task calculated to take a certain number of hours, while the number of packages delivered by the FedEx employees varies greatly from day to day.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: August 22, 2023, Case #: 1:20cv1052, NOS: Other Labor Litigation - Labor, Categories: Class Action, Labor
J. Lewis finds a lower court properly dismissed a single mother's Equality Act violations against a local local borough. The single mother, who unintentionally became homeless, argued that the local borough failed to secure her and her children with adequate housing. However, the bureau presented sufficient evidence in court that it secured housing in a private sector, despite her request to live in London. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewis, Filed On: August 22, 2023, Case #: CA-2022-1935, Categories: Government, Housing
[Consolidated]. J. Gruender finds a lower court improperly ruled in favor of an interim superintendent's discrimination claims. The interim superintendent argued that she was wrongfully passed over for a permanent superintendent role for reporting issues within the facility, and that she is entitled to back pay. However, the school district sufficiently showed in court that it is entitled to judgment as a matter of law because she did not engage in protected activities. Reversed.
Court: 8th Circuit, Judge: Gruender, Filed On: August 22, 2023, Case #: 22-2067, Categories: Civil Rights, Employment, Employment Discrimination
J. Jenkins partially grants McDonald’s motion to dismiss four civil rights claims brought against it by a former high-ranking employee. The former employee, who is Black, worked for McDonald’s for 35 years, including 10 years as its vice president of global safety, security, and intelligence. A public backlash against McDonald’s occurred after its CEO Christopher Kempczinski made racist comments in a text message to former Chicago mayor Lori Lightfoot in response to a Chicago shooting in 2021, and the employee said he faced his own backlash in the company after he criticized Kempczinski for his words. He was eventually terminated after Kempczinski blamed him for an incident in which the CEO was confronted directly by labor union activists in New York. The employee alleged multiple counts in his subsequent lawsuit against McDonald’s, and the court now dismisses two of them: hostile work environment and intentional infliction of emotional distress. The employee’s retaliation and disparate treatment claims, however, stand.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: August 22, 2023, Case #: 1:22cv7037, NOS: Employment - Civil Rights, Categories: Emotional Distress, Employment Discrimination, Employment Retaliation
J. Brailsford denies in part the government's motion to dismiss a disabled veteran's challenge of the VA's four orders of behavioral restrictions that were issued against the veteran for "disruptive behavior" against VA staff. The veteran's claims regarding three of the orders of behavioral restrictions are dismissed as moot, as they were superseded by the more restrictive fourth order of behavioral restrictions. The veteran's claim that the remaining order of behavioral restrictions is unenforceable because it violates his constitutional rights and his claim that the VA's "use of the phrase 'disruptive behavior' is unconstitutionally vague, overly broad, and ambiguous" continue.
Court: USDC Idaho, Judge: Brailsford, Filed On: August 22, 2023, Case #: 1:22cv327, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Robinson finds that ResMed must show cause as to why its patent infringement action against competitor Cleveland Medical Devices should not be transferred to Delaware. Cleveland Medical has a pending patent infringement lawsuit against ResMed's parent company in Delaware. "Give the similarity of the parties and issues in this action to those in the previously filed Delaware action," a transfer may be appropriate.
Court: USDC Southern District of California, Judge: Robinson, Filed On: August 22, 2023, Case #: 3:23cv500, NOS: Patent - Property Rights, Categories: Patent, Jurisdiction
J. Wilson finds that the trial court improperly granted the special appearance of the Canadian corporation accused of scraping and copying obituary information from the Dignity Memorial Websites. The evidence did not support the finding that the Canadian corporation negated specific jurisdiction. Reversed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: August 22, 2023, Case #: 14-22-00077-CV, Categories: Jurisdiction, Contract
J. Wilson finds that the trial court improperly denied summary judgment to the city in a suit stemming from a crash between a fire engine and another vehicle. The city established the elements of its official immunity defense, including that the fire engine operator's actions were discretionary and that he was acting in good faith when the incident happened. Reversed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: August 22, 2023, Case #: 14-22-00368-CV, Categories: Tort, Immunity, Negligence
J. Gabbert finds that the Commission properly ordering an eight-year amortization period for the remaining net book value of the Sibley Generating Station. The Commission's decision is supported by competent evidence, and was not made with any intention of allowing the utility to circumvent the statutory rate limitations designed to protect consumers. Affirmed.
Court: Missouri Court Of Appeals, Judge: Gabbert, Filed On: August 22, 2023, Case #: WD86023, Categories: Administrative Law, Energy
J. Glasgow finds that the lower court properly convicted defendant of murder. Defendant claims that allowing evidence that linked his DNA to the crime scene using DNA information in a community DNA database violated his privacy rights. But there is no privacy interest under the law regarding DNA that a relative voluntarily uploaded to a public database. Law enforcement have open access to that database as well, so there is no privacy dispute at play. Affirmed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: August 22, 2023, Case #: 56801-2-II, Categories: Dna, Murder
J. Baker holds that the trial court should have allowed jurors to consider potential racial motivations in deciding punitive damages imposed on a white defendant found liable for assault and battery on his Native American neighbor. The probative value of any racial motivations outweighed the danger of prejudice, and a jury is entitled to be aware of all the circumstances behind an intentional tort when awarding damages, particularly since it had already determined that defendant acted with malice. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: August 22, 2023, Case #: DA 22-0701, Categories: Native Americans, Damages, Assault
J. Rosenbaum finds that the district court properly ruled in favor of a police officer on an individual's false arrest claim in a civil rights action arising from the individual's arrest for operating a vehicle without a valid license and cocaine possession. The officer had probable cause to arrest the individual. A video of the moments before the arrest shows that the individual exited the driver's door of the vehicle immediately after the vehicle was parked and that the individual admitted to not having a driver's license with him. However, the district court incorrectly ruled in favor of the officer as to the individual's excessive force claim. There is no video evidence that the individual posed a threat to the officer such that it would be reasonable for the officer to slam the individual into the patrol car or overtighten the handcuffs. Affirmed in part.
Court: 11th Circuit, Judge: Rosenbaum, Filed On: August 22, 2023, Case #: 21-10590, Categories: Civil Rights, Police Misconduct
J. Hess finds that the lower court properly dismissed the taxpayer's lawsuit against the city challenging the city's use of public funds to hire a marketing agency to generate support for a ballot measure to raise local sales tax by 0.25%. The taxpayers have made no showing of irreparable injury and have no private right of action to challenge the city's conduct. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hess, Filed On: August 22, 2023, Case #: ED111084, Categories: Civil Procedure, Tax
J. Branch finds that the district court improperly ruled in favor of the competitor in an unfair competition and trademark infringement action brought by the company. The district court incorrectly found that the company could not sue because it was a nonexclusive licensee that lacked sufficient ownership rights to a nonparty manufacturer's marks. The licensing agreement between the company and the manufacturer did not bar the company from bringing a claim under the Lanham Act. The settlement agreement between the competitor and the manufacturer is not binding on licensees and therefore also does not prevent the company from suing. Vacated.
Court: 11th Circuit, Judge: Branch, Filed On: August 22, 2023, Case #: 22-10985, Categories: Trademark, Unfair Competition
J. Hamilton finds that the lower court properly sentenced defendant to an above-guideline prison term for possession of a firearm as a felon. The record shows the court considered rehabilitation as a reason for extending defendant's sentence, but this was not the judge's primary consideration in deciding defendant's sentence. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: August 22, 2023, Case #: 22-2275, Categories: Firearms, Sentencing
J. Jacobs and Sack find that the district court properly convicted defendant of kidnapping, kidnapping conspiracy, attempted extortion, and extortion conspiracy for threatening a cousin's employee for setting up a competing business. Defendant contends he did not hold the victim long enough to constitute kidnapping, but the short detention sufficiently conveyed that harm would befall the employee if he failed to pay defendant's cousin $5,000. Affirmed.
Court: 2nd Circuit, Judge: Jacobs, Sack, Filed On: August 22, 2023, Case #: 21-1439, Categories: Kidnapping, Extortion