82 results for 'filedAt:"2023-10-02"'.
J. Daniel partially grants multiple Chicago school board employees’ motion to dismiss a Black parent’s civil rights suit. The parent claims her child was a victim of bullying at a Chicago public elementary school, and that school staff made the situation worse after he fought back against his bully by screaming at the boy and forcing him outside the school on a day when the temperature hovered near freezing. The court dismisses the school counselor as a defendant, and also dismisses the parent’s 14th Amendment and state law assault claims against the school principal and security officer. The rest of the suit stands.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: October 2, 2023, Case #: 1:19cv6477, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Emotional Distress
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J. Pallmeyer denies the defendant tech startup’s motion to dismiss fraud, conversion, unjust enrichment and breach of settlement claims brought by a group of investors. The investors invested over $600,000 in the startup’s plan for a platform to verify NFTs, only for the plan to fall through. Though the startup offered to recoup the investors’ losses, it never followed through on that either. The court finds the startup has offered no compelling arguments for dismissal, but nonetheless urges the parties to seek a settlement.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: October 2, 2023, Case #: 1:22cv6852, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Conversion, Contract
J. Tunheim partially grants the hand sanitizer manufacturer's motion for attorney fees and costs and to amend a judgment in its favor in its suit alleging failure to pay for its products. The purchaser has not demonstrated that the manufacture exaggerated its attorney's hours, but the total fees award is reduced by 30% since the suit involves relatively simple issues. The hourly rate of one attorney is reduced by $140. Costs are awarded in the amount of $3,561.28 and the judgment is amended to include post-judgment interest.
Court: USDC Minnesota, Judge: Tunheim, Filed On: October 2, 2023, Case #: 0:21cv1026, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract
J. Tunheim amends a previous order partially granting competing motions for summary judgment in a suit alleging that the sellers of several companies proceeded to steal those companies, and their customers, back from the purchaser along with employees and customers. An arbitrator's findings of fact are not preclusive, and summary judgment is granted to the sellers as to a breach-of-contract claim.
Court: USDC Minnesota, Judge: Tunheim, Filed On: October 2, 2023, Case #: 0:17cv5009, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Scudder finds that the lower court improperly denied the class's motion to remand this class action against the insurer accusing it of retaining more than $3.5 billion in profits by giving excessive compensation to its directors and officers. The case belongs in state court under the Class Action Fairness Act's internal-affairs exception because the allegations raise issues of corporate mismanagement that require application of Illinois law in an analysis of the discretion afforded to corporate officers of an insurance company to make decisions about surplus distributions. Reversed.
Court: 7th Circuit, Judge: Scudder, Filed On: October 2, 2023, Case #: 23-2507, Categories: Corporations, Jurisdiction, Class Action
J. Crothers finds that the district court properly affirmed a North Dakota Department of Transportation’s suspension of an defendant's driving
privileges for one year for driving under the influence. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: October 2, 2023, Case #: 2023ND190, Categories: Dui
Per curiam, the appellate court vacates the denial of defendant's motion to suppress because the record is insufficient to review the totality of the circumstances. The record does not detail defendant's physical location at the apartment at the time of his arrest, the layout or size of the apartment, and the location of the bathroom where the drugs were found. Also, there was no determination made on whether the protective sweep was lawful. Vacated.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: October 2, 2023, Case #: 23-K-405 , Categories: Evidence, Search
J. Wray finds the lower court erroneously dismissed all contract claims brought by the mineral rights buyer because the purchase agreement included a specific per acre price and a defined scope of the purchase interests, which established mutual assent and rendered it enforceable. Therefore, the contract claims will be reinstated and the case remanded for further proceedings. Reversed in part.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: October 2, 2023, Case #: A-1-CA-40056, Categories: Property, Real Estate, Contract
J. Williams allows plaintiff to continue excessive force and retaliation claims contending a police officer violently pushed him down during a peaceful protest of the killing of George Floyd because, at this stage, qualified immunity is not grounds for dismissal for the officer. However, such warrants dismissal for municipal defendants.
Court: USDC Delaware, Judge: Williams, Filed On: October 2, 2023, Case #: 1L22cv1064, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Foote denies a request by a university hospital to dismiss an abuse of rights claim brought by a female physician arising from her sex discrimination and job retaliation complaint against the chancellor of the medical center, who also supervised her cleft and craniofacial fellowship. The doctor’s allegations are sufficient and include claims that the hospital’s predominant motive for denying her privileges at the facility was to retaliate against her for making a sex discrimination claim against its chancellor.
Court: USDC Western District of Louisiana , Judge: Foote, Filed On: October 2, 2023, Case #: 5:22cv1607, NOS: Employment - Civil Rights, Categories: Civil Rights, Education, Health Care
J. Tjoflat finds the trial court erred by denying the police officer's motion to dismiss Fourth Amendment claims from a citizen who was arrested for resisting after he refused to identify himself to the officer when the car in which he was a passenger was pulled over because a trailer it was hauling had an obscured tag. Given the tilt of U.S. Supreme Court precedent balancing officer safety and investigative authority with intrusions on drivers’ and passengers’ personal liberty, as well as the scope of the Fourth Amendment, the officer was entitled to qualified immunity and dismissal of the citizen's claims, as the citizen had no established right to refuse to show his ID even though there was a lack of reasonable suspicion he had committed a crime. Reversed.
Court: 11th Circuit, Judge: Tjoflat, Filed On: October 2, 2023, Case #: 20-10670, Categories: Constitution, Police Misconduct
J. Foote denies competing requests for summary judgment to the state Motor Vehicle Commission and the Louisiana-based manufacturer regarding whether federal law preempts regulation of a flying vehicle that its manufacturer calls the “MK 3.2,” described as a “special light-sport aircraft,” certified by the Federal Aviation Administration. Neither litigant can meet its burden on whether the MK 3.2 is an All-Terrain Vehicle. The manufacturer argues the state does not have constitutional authority to regulate the MK 3.2 because the motor vehicle commission’s legal authority only allows it to regulate motor vehicles and recreational products, not aircraft like the MK 3.2.
Court: USDC Western District of Louisiana , Judge: Foote, Filed On: October 2, 2023, Case #: 5:19cv49, NOS: Other Statutory Actions - Other Suits, Categories: Preemption, Vehicle, Aviation
J. Moses grants summary judgment for several officers who were sued by an arrested man following a report of a suspicious vehicle at an abandoned property. The man, who arrested in the vehicle and ultimately charged with driving while intoxicated, was later determined to have had permission to be on the property. The man argued that his Fourth Amendment rights were violated, but he had “parked in an ‘open field’ rather than parking his truck within the house’s curtilage” and therefore did not have the same Fourth Amendment rights as if he had been fully within private property.
Court: USDC Western District of Texas , Judge: Moses, Filed On: October 2, 2023, Case #: 2:21cv4, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
J. Chung finds that the lower court improperly granted limited guardianship of a minor to the cousins of the child's mother. Under the law, the court is required to appoint the parents' guardian of choice unless there is evidence such a move would not be in the best interest of the child. The lower court did not make any findings on this issue or determine if doing so would be best for the child, so further proceedings are needed. Reversed.
Court: Washington Court Of Appeals, Judge: Chung, Filed On: October 2, 2023, Case #: 84755-4-I, Categories: Family Law, Guardianship
J. Evanson denies partial summary judgment to the insureds in their complaint seeking coverage of their claim for when a drunk driver crashed onto their property, damaging their “stamped finish colored concrete driveway.” A reasonable juror could weigh the evidence presented and determine that the insurance company acted reasonably over the course of its investigation of the insureds' claim.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: October 2, 2023, Case #: 2:21cv1377, NOS: Insurance - Contract, Categories: Insurance
J. Yegan modifies the previous opinions in order to clarify how a cited case does not apply. Defendant was sentenced to a consecutive sentence after being found guilty of weapons possession while in prison. His sentencing enhancement for prior convictions on sexually violent offenses were not applied to this sentence. Both defendants filed their petitions while serving separate sentences imposed for felonies committed while in prison. Defendants are not eligible for resentencing, there is no change in the judgment, and the appeals are dismissed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: October 2, 2023, Case #: B322608, Categories: Sentencing, Sex Offender, Assault