191 results for 'filedAt:"2024-01-24"'.
J. Jenkins mostly denies a wedding center’s motion to for summary judgment on a former employee’s ADA, wrongful termination and retaliation claims. The former employee claims the wedding center fired her in retaliation for a week she spent hospitalized for a mental health crisis, after her superiors sent her insulting texts over her absence. The court finds she has sufficiently alleged her claims, but tosses her request for damages stemming from retaliation under the ADA.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: January 24, 2024, Case #: 1:22cv2925, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Johnson finds the trial court properly revoked defendant's community supervision for his guilty plea conviction for the manufacture and delivery of PCP. Defendant admitted to the usage of PCP during the term of supervision and also failed to take part in community service or obtain employment. All the violations support the revocation. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: January 24, 2024, Case #: 09-23-00226-CR, Categories: Drug Offender, Probation
J. Klappenbach finds the trial court properly found in favor of the landlord in a case where the tenant filed a sex discrimination counterclaim after the landlord had filed an unlawful detainer action against her. The trial court properly rejected the challenge to the strike of a black juror based on counsel's explanation of the peremptory strike as arising from concerns involving the age of the potential juror. This concern arose from the affinity younger people have with the act of shooting video, associated with video evidence that was admitted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: January 24, 2024, Case #: CV-22-725, Categories: Evidence, Jury, Landlord Tenant
J. Barrett finds the board of review improperly affirmed the denial of unemployment benefits to the nurse. The board denied the nurse benefits based on its claim she made false statements on her application. The board merely adopted the appeal tribunal's decision and did not make findings of fact substantially supporting its decision. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 24, 2024, Case #: E-22-557, Categories: Employment, Insurance, Due Process
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Per curiam, the appellate division finds that Jay M. Wolman shall be publicly censured following his public reprimand in Connecticut for his unprofessional conduct at a deposition asking a witness to search his phone for responsive documents when the attorney had not formally requested any such production.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 24, 2024, Case #: 00323, Categories: Attorney Discipline
Per curiam, the appellate division finds that the hearing officer improperly denied the correctional officer's application for disability benefits based on an expert's conclusions that were conclusory and unsupported. The expert testified he could not say with certainty whether the employee suffered a period of disability after his lower back injury, but nevertheless concluded the incident did not result in the employee being disabled from work. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 24, 2024, Case #: 00316, Categories: Employment, Experts, Workers' Compensation
J. Conley grants summary judgment to the insurance company in the beneficiary's lawsuit claiming it wrongfully denied her claim for long-term disability benefits after she stopped working in June 2022 due to cognitive issues, eye problems, hand numbness, shoulder pain, chronic kidney disease and other complications from diabetes. Through the denial of her initial claim and two subsequent appeals, the insurance company was not arbitrary and capricious in making its decisions based on the beneficiary's medical records and ability to perform her job in light of the combined effect of all her ailments, many of which the evidence shows were stable or improving.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: January 24, 2024, Case #: 3:22cv494, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance
J. Fields finds that the trial court erred in awarding attorney fees and costs petitioner incurred after she rejected a settlement offer. Petitioner sought declaratory relief because a city denied her public records request for a crime victim's name. Before trial, the city provided the name and $2,500 for fees and costs that petitioner incurred up to that point. She was the prevailing party because she was the catalyst for the disclosure. But she is not entitled to $40,000 in fees and costs incurred after the offer, which was unambiguous and enforceable. Reversed.
Court: California Courts Of Appeal, Judge: Fields, Filed On: January 24, 2024, Case #: E079840, Categories: Public Record, Settlements, Attorney Fees
J. Heytens finds the lower court properly granted judgment to the insurance company. The investment advisor sought coverage from her company's insurance plan after a company sued her for defamation for telling her clients not to invest after she claims to have found damning information about the company's CEO. The insurance company refused to pay because the advisor was acting on her behalf rather than her company's when she blew the whistle on the company. Affirmed.
Court: 4th Circuit, Judge: Heytens , Filed On: January 24, 2024, Case #: 22-1542, Categories: Insurance, Defamation, Whistleblowers
J. Tabor finds that a retailer breached a non-compete agreement after she helped a competitor sell clothing because she admitted that she bought inventory and passed invoices to the competitor in violation of her employment contract. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: January 24, 2024, Case #: 22-1807, Categories: Employment, Contract
J. Wyrick grants the defendant employer's motion for summary judgment in this employment discrimination lawsuit asserting claims under the Americans with Disabilities Act and the Family and Medical Leave Act. There are no issues of fact precluding summary judgment for the employer. Specifically, the former employee fails to show that the reason given for his termination, which involved his alleged absenteeism, was pretext for discrimination.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: January 24, 2024, Case #: 5:22cv737, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Danilson finds that defendant was properly convicted of second-degree theft after stealing a deposit from a car dealership that employed him as a manager because he pocketed the money instead of placing it in a safe and later admitted to a coworker that he took it. Affirmed.
Court: Iowa Court Of Appeals, Judge: Danilson, Filed On: January 24, 2024, Case #: 23-0633, Categories: Evidence, Theft
J. Gallagher finds the Kuwaiti royal partially met her burden to prove the lender aided and abetted the fraudster. Therefore, the partial judgment of $469,990 plus prejudgment interest is awarded pending relinquishment of lis pendens on the property. The court grants judgment in favor of the lender for the unjust enrichment claims for all three loans.
Court: USDC Maryland, Judge: Gallagher, Filed On: January 24, 2024, Case #: 1:18cv2958, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Property, Banking / Lending
J. Bower finds that a condominium association lacked authority to assess foreclosure fees or attorney fees after a unit was subjected to foreclosure because nothing in the bylaws or declaration allowed the association to impose fees following foreclosure. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: January 24, 2024, Case #: 23-0017, Categories: Foreclosure
J. Badding finds that the parties' parental rights were properly terminated because they had not sent their school-aged child to school, their home was filled with trash, and they had a history of illegal drug use and domestic violence. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: January 24, 2024, Case #: 23-1882, Categories: Family Law
J. Buller finds that the parties' parental rights were properly terminated based on their history of domestic violence and illegal drug use and because they violated no-contact orders against one another. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 23-1892, Categories: Family Law
J. Egan finds the juvenile court judgment properly denied a mother’s motion to set aside the relinquishment of her parental rights. The court “made a factual finding that mother did not unequivocally communicate that she wished to revoke her relinquishment.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: January 24, 2024, Case #: A181543, Categories: Family Law