109 results for 'filedAt:"2023-12-12"'.
Per curiam, the appellate division finds that the lower court properly found for the department, ruling that its decision to fire the probationary teacher was not arbitrary and capricious. Evidence of the teacher's unsatisfactory performance while a probationary teacher rebuts his allegations of bad faith. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 12, 2023, Case #: 06342, Categories: Administrative Law, Employment
J. Cain grants summary judgment to a maritime construction company, finding an employee who was injured while working on its crane barge is not a seaman and, therefore, not entitled to a seaman’s benefits. His exclusive remedy against his employer is found under the Longshore and Harbor Workers' Compensation Act as a land-based maritime worker.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: December 12, 2023, Case #: 2:22cv1111, NOS: Marine - Contract, Categories: Employment, Maritime, Tort
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J. Grasham denies landowners' motion for summary judgment in a dispute over the use of an irrigation ditch that crosses government land. The landowners seek to quiet title regarding their rights of use of and access to the irrigation ditch from which they receive water for their land. "No easement or right of way existed when the United States acquired ownership of its parcel in 1933," therefore the landowners have not established the existence of an easement or right of way under the Mining Act or the Desert Land Entry Act.
Court: USDC Idaho, Judge: Grasham, Filed On: December 12, 2023, Case #: 4:20cv325, NOS: All Other Real Property - Real Property, Categories: Real Estate
J. Silva grants the computer hackers conference host's motion to transfer venue in a computer security company's defamation case. Though potential witnesses reside in Nevada, neither party identifies a necessary witness whose availability could hinge on the choice of venue; therefore, convenience favors transfer.
Court: USDC Nevada, Judge: Silva , Filed On: December 12, 2023, Case #: 2:23cv1345, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Venue, Technology
J. Wright grants the pension benefit plan trustee's motion for judicial notice as to two exhibits, but denies it as to 18 more, and grants its motion to dismiss as to a claim of co-fiduciary liability brought by the employee but denies it otherwise. The exhibits for which notice is denied are largely unrelated to the parties involved in this case, but existence of the news report and website for which notice is granted are adjudicative facts for which notice can be granted. The co-fiduciary duty claim is dismissed along with claims against the employer's principal, which fail because they do not adequately allege a fiduciary role for him. Claims against the trustee for breach of duties of prudence and loyalty survive, as do claims against the employer for co-fiduciary liability and failure to monitor.
Court: USDC Minnesota, Judge: Wright, Filed On: December 12, 2023, Case #: 0:23cv301, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty
J. Gabbert finds that the lower court properly upheld a foreclosure, finding that the plaintiff non-profit entered into a joint venture with the signatory to the note, and it was understood that the non-profit would contribute the property as collateral for the signatory's loan in pursuant of the venture. Affirmed.
Court: Missouri Court Of Appeals, Judge: Gabbert, Filed On: December 12, 2023, Case #: WD86024, Categories: Foreclosure
J. Bashant rules an opthalmic pharmacy may present "belatedly identified witnesses" testimony in court concerning false advertising against a competitor. The pharmacy was unaware of these 12 witnesses or the content of their testimony before receiving a voicemail from the competitor's former employee stating that she had information that would be pertinent to the litigation. However, the competitor will be prejudiced if it is unable to depose the newly identified witnesses so discovery is reopened for the sole purpose of allowing the competitor to conduct these depositions.
Court: USDC Southern District of California, Judge: Bashant , Filed On: December 12, 2023, Case #: 3:21cv1305, NOS: Trademark - Property Rights, Categories: Trademark, Discovery, False Advertising
J. Gruender finds a lower court properly denied a defendant's motion to exclude evidence concerning his conditional guilty plea for producing an possessing child pornography. The defendant argued that he is entitled to relief for a warrantless search of his camera and memory card, which depicted child pornography that he uploaded onto the Internet. However, the government sufficiently showed in court that his 14- year-old daughter found a partially hidden camera in a bathroom that she frequently used to take showers, which justified the seizure under "exigent circumstances," and then turned the device over to her mother, who brought it to a police officer. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: December 12, 2023, Case #: 22-3092, Categories: Evidence, Sex Offender
J. Benton finds a lower court properly revoked a defendant's probation for domestic violence and endangering a child. The defendant argued that his 24- month prison sentence in unreasonable. However, the government sufficiently showed in court that the defendant's actions of assaulting a domestic partner in front of the young child creates a detriment to her safety and emotional stability. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: December 12, 2023, Case #: 23-1406, Categories: Probation, Domestic Violence, Child Victims
J. Arterburn finds the district court improperly affirmed the protection order entered against the father. The father pleaded no contest to negligent child abuse causing no serious bodily injury after the mother brought several allegations of abuse, supported with photographs. Evidence demonstrates the father is willing to comply with limited contact and the court failed to modify the order to allow telephone, video, and supervised contact. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: December 12, 2023, Case #: A-23-285, Categories: Evidence, Restraining Order, Assault
J. Arterburn finds the district court properly denied defendant's motion for postconviction relief without an evidentiary hearing. The state proved that defendant had been convicted of two prior offenses carrying prison sentences of 1 year or more. Defendant does not contest this, and the evidence clearly supports the habitual criminal enhancement. Furthermore, defendant fails to show he received ineffective assistance of counsel. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: December 12, 2023, Case #: A-23-203, Categories: Evidence, Sentencing, Vehicular Homicide
J. Mills vacates an inmate's capital murder conviction for being involved in a robbery that resulted in the death of a store owner, whom his friend shot at while he shot at the ground. The inmate has shown entitlement to relief on his Batson claim, so the case is remanded for a new trial within 180 days.
Court: USDC Northern District of Mississippi , Judge: Mills, Filed On: December 12, 2023, Case #: 4:18cv2, NOS: Death Penalty - Habeas Corpus, Categories: Civil Rights, Constitution, Habeas
J. Glasgow finds that the lower court properly terminated defendant's participation in a drug program after he was charged with trafficking in stolen property. Defendant claims that the lower court did not have enough evidence to remove him from the program, but the record shows a pattern of poor behavior that supported the move. Defendant was stagnated in a program for 40 months that typically only takes two years, filled a prescription without permission from the drug court team, and behaved disrespectfully on social media when he was told he had to attend a mandatory holiday party. Affirmed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: December 12, 2023, Case #: 57240-1-II, Categories: Drug Offender
J. Troutman finds that the appellate division improperly held that the workers' compensation law judge lacked discretion to deny the request to cross-examine a physician concerning claims stemming from carpal tunnel syndrome because the plain language of the law permits employers to seek adjournments in order to call attending physicians whose reports are on file. Reversed.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: December 12, 2023, Case #: 87, Categories: Civil Procedure, Experts, Workers' Compensation
J. Whitney denies a hauling and transportation service’s motion to dismiss allegations of violations of a federal workers’ protection law brought by a class of employees after the service laid them off then fired them. The class claims that by laying its members off then firing them, the service unfairly prohibited their access to wages, accrued paid time off, pension contributions, ERISA benefits and potential medical expenses for 60 days. The class has shown sufficient evidence for its claim.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: December 12, 2023, Case #: 3:23cv498, NOS: Other Labor Litigation - Labor, Categories: Erisa, Class Action, Labor
J. Bea finds that the district court properly denied defendant's motion to suppress evidence in a case in which he entered a conditional plea to possessing a firearm as a felon. An informant and undercover officers conducted a controlled purchase of a firearm from defendant in a hotel room. Defendant claimed that the officers’ secret recording of the encounter "exceeded the scope of the 'implied license' he granted when he consented to the officers’ physical entry." No search violation had occurred. Affirmed.
Court: 9th Circuit, Judge: Bea, Filed On: December 12, 2023, Case #: 22-50170, Categories: Firearms, Search
J. Richman finds that the trial court properly dismissed a firefighter's negligence action against a city and a city bus driver for injuries he suffered when a bus drove over a firehose he was handling. The firefighter works for the city fire department and cannot argue that he and the bus driver are employed by separate entities, so the workers' compensation exclusivity rule applies to his injuries. Affirmed.
Court: California Courts Of Appeal, Judge: Richman, Filed On: December 12, 2023, Case #: A165231, Categories: Negligence, Workers' Compensation
J. Partida-Kipness finds that the lower court properly ruled for the "surviving spouse" in this case concerning workers' compensation death benefits, following the death of a city police officer. Contrary to the city's argument on appeal, the evidence sufficiently supports the jury's verdict, holding that the city failed to prove that the appellee was "not an eligible spouse" at the time of the officer's death. The evidence indicates that the couple "agreed to be married" and "represented to others they were married." Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: December 12, 2023, Case #: 05-22-00898-CV, Categories: Family Law, Insurance
J. Groh grants the Secretary of Veterans Affairs' motion to dismiss the former nursing assistant's suit claiming her termination from the Martinsburg Veterans Affairs Medical Center was racially motivated. The allegations raised in the current suit - filed more than four years after receiving her "right-to-sue" letter from the U.S. Equal Employment Opportunity Commission - are no different from the ones raised in her two prior complaints that were dismissed for her failure to allege sufficient facts to back-up her claims.
Court: USDC Northern District of West Virginia, Judge: Groh, Filed On: December 12, 2023, Case #: 3:22cv154, NOS: Employment - Civil Rights, Categories: Government, Health Care, Employment Discrimination
J. Dick grants summary judgment to a railroad and against a black foreman of a track maintenance crew who sued his employer for racial discrimination after he was fired for two track use violations that put company employees at risk of injury or death. The foreman failed to provide specific evidence that similarly situated white comparators were treated more favorably. The litigant’s argument a white foreman’s rear-end collision, albeit occurring at work but not on the track, is nearly identical to exposing an entire work crew to a potential train collision.
Court: USDC Western District of Louisiana , Judge: Dick, Filed On: December 12, 2023, Case #: 3:21cv373, NOS: Other Civil Rights - Civil Rights, Categories: Transportation, Employment Discrimination