110 results for 'filedAt:"2024-01-02"'.
J. Chen allows some employment claims to proceed against San Mateo Community College from a former professor who says she was fired twice for being involved with a group that was pushing back on the college's move to destroy a campus garden and replace it with a parking lot. The college says she was fired for too many work absences, but the professor has plausibly shown she was being pressured to stay away from the garden issue and later fired for engaging in protected activity. The claims can only proceed on the basis of her first firing, as claims related to her second firing are barred by res judicata.
Court: USDC Northern District of California, Judge: Chen, Filed On: January 2, 2024, Case #: 3:18cv5932, NOS: Employment - Civil Rights, Categories: Employment
J. Larsen finds the lower court properly granted the subcontractor's motion for summary judgment on the indemnity lawsuit brought by the pool construction company. Claims related to the subcontractor's failure to install a certain part were barred by Tennessee's statute of repose, which requires construction suits to be filed within four years of the accrual of damages. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: January 2, 2024, Case #: 22-6019, Categories: Civil Procedure, Construction
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J. Gabbert finds that the lower court properly found the parties two settlement agreements valid. The agreements contained a sufficiently definite method of determining the sale price of the properties. Further, the court properly found a fair rental value of one property to be $1,600 per month. Affirmed.
Court: Missouri Court Of Appeals, Judge: Gabbert, Filed On: January 2, 2024, Case #: WD85926, Categories: Real Estate, Settlements
J. Rowland denies the Chicago Transit Authority’s motion for summary judgment on its employee’s disability discrimination claims. The CTA took the employee, who is diabetic, off his electrician job in June 2018 after he fainted due to low blood sugar. Despite a doctor clearing him to return to work a few weeks later, the CTA fought to keep him off-duty until October 2019, even going to an arbitrator over the issue. The court finds the employee has sufficiently alleged that the CTA’s efforts to keep him away from his job were discriminatory.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: January 2, 2024, Case #: 1:20cv2881, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Health Care, Employment Discrimination
J. Kenney grants a company’s petition for attorney fees in this racketeering case in which the firm alleged that the sued company orchestrated a yearslong fraudulent scheme involving “submitting false invoices on construction projects in order to bilk money from banks, the federal government, and subcontractors.” The request for $855,660 in attorney fees for 2,159.88 hours of work is reasonable.
Court: USDC Eastern District of Pennsylvania, Judge: Kenney, Filed On: January 2, 2024, Case #: 2:21cv3384, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Attorney Fees, Racketeering
J. Snyder grants the US Postal Service's motion for summary judgment regarding an employee's allegations of disability and age discrimination and retaliation. The employee alleges that she was unfairly issued a "letter of warning" claiming that her walking pace had slowed. The letter of warning was expunged from her record after she protested it due to work-related injuries she was experiencing at the time and she testified that the expunged letter of warning had no effect on her employment. She also alleges that she was forced to leave work early multiple times because there was no work available within her work restrictions. The employee "has offered inconsistent assertions regarding certain of the key events on which her claims are based."
Court: USDC Central District of California, Judge: Snyder, Filed On: January 2, 2024, Case #: 2:20cv11398, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Lorenz denies a physician's motion for a good faith settlement determination concerning professional negligence claims against San Diego County, which allegedly failed to provide a female detainee, now incapacitated, with medical care after she hallucinated in her jail cell and suffered a head injury. The county sufficiently shows that the physician has failed to produce evidence of his financial status and insurance policy limits.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: January 2, 2024, Case #: 3:19cv1650, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Insurance, Settlements
J. Bishop finds the district court properly entered the decree of paternity, custody, support and visitation. The never-married parents agreed to use a basic income worksheet to determine support rather than the joint-custody worksheet, but never submitted their proposed decree. Three years later the court entered a decree that deviated from guidelines. The father points out large deposits made to the mother's bank accounts but fails to note the deposits were loans for a house and car, rather than income. He also fails to sufficiently support his contention the court improperly imposed portions of, rather than the entire, agreement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 2, 2024, Case #: A-22-586, Categories: Family Law, Guardianship, Contract
J. Pirtle finds the trial court properly convicted defendant for first-degree sexual assault on a child, incest with a victim under 18 years of age, and third-degree sexual assault on a child. The stepmother's testimony regarding the number of text messages the child had received from her stepfather, and that he had hit her, did not prejudice him. Furthermore, her interrupted, incomplete statement she “was aware of some physical” does not constitute character evidence, and attempts to complete the sentence are merely speculative. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: January 2, 2024, Case #: A-22-776, Categories: Evidence, Sex Offender, Child Victims
J. Suddaby enters judgment in favor of New York state’s prison system on equitable relief claims alleging that it failed to properly respond to an inmate advocacy group’s request for documents related to a group of inmates, one of whom died while in prison custody. The 11th Amendment bars the federal judiciary from issuing declaratory relief against state officials for past violations, and in regards to the merits on their claims, the court finds the laws regulating disclosure of inmate documentation, which states document requests must be fulfilled within three days, is geared more towards copy requests made in person upon physical inspection at the respective prison facility, to allow the document custodian to properly review the documents to ensure inmates’ privacy is protected.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: January 2, 2024, Case #: 1:18cv980, NOS: Other Civil Rights - Civil Rights, Categories: Public Record, Prisoners' Rights
J. Garaufis grants GEICO’s motion for a preliminary injunction and issues a stay on 43 separate pending arbitration proceedings filed by a group of health care providers whom the insurer alleges participated in a no-fault insurance fraud scheme. GEICO successfully argues that, without a stay, the proceedings could result in dozens of inconsistent awards and ultimately make it difficulty to obtain a favorable ruling on its claim for declaratory relief, which seeks a declaration that the providers have no right to receive reimbursement for any unpaid bills they submitted previously.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: January 2, 2024, Case #: 1:22cv7532, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Arbitration, Insurance, Racketeering
J. Watson denies the employer's motion to dismiss, ruling the federal government's 1988 guidance on tipped employees, which established an 80/20 rule to determine whether an individual can be paid a tipped wage, is reasonable and can be applied to the employee's Fair Labor Standards Act claims; therefore, the employees have stated plausible claims under the Act.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: January 2, 2024, Case #: 2:23cv1316, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Motz finds the lower court properly dismissed the town attorney's discrimination and interference claims. The attorney claims the town's elected officials during the Donald Trump presidency fostered a toxic environment in the town hall that worsened his anxiety, depression and high blood pressure. The attorney sent the mayor and his immediate supervisor a letter listing requested policy changes aimed at creating a healthier workplace but did not mention his health concerns. Merely labeling a list of suggestions an “accommodation request” is not enough to inform the employer that the employee is requesting workplace changes to address his disabilities, rather than other, unrelated issues. Affirmed.
Court: 4th Circuit, Judge: Motz, Filed On: January 2, 2024, Case #: 21-2261, Categories: Ada / Rehabilitation Act, Employment, Government
J. Sullivan finds that the district court improperly found for a class of New York City consumers who brought unjust enrichment claims against a fund providing workers' compensation benefits to "black car" and app-based livery drivers for surcharges levied on noncash tips paid by passengers because legislation establishing the fund plainly authorized surcharges on livery billings, and noncash tips are components of such invoices. Reversed.
Court: 2nd Circuit, Judge: Sullivan, Filed On: January 2, 2024, Case #: 22-2061, Categories: Class Action