150 results for 'filedAt:"2024-02-01"'.
J. Southwick finds the trial court improperly denied summary judgment to the police officers. The owner of the house filed suit after officers raided the wrong house, deploying flashbang grenades, breaking windows and breaking in the front door. Though the lead officer's efforts to identify the correct address were deficient, he did not violate clearly established law. The owner has not cited authority demonstrating violations. Reversed.
Court: 5th Circuit, Judge: Southwick , Filed On: February 1, 2024, Case #: 22-10441, Categories: Immunity, Police Misconduct
Per curiam, the court of appeals denies the city's petition for a writ of mandamus challenging the trial court’s denial of a combined traditional and no-evidence motion for summary judgment. Because the city’s motion does not specifically state each element of the suspended union member's claims on which it says he did not have evidence to support his claims, it does not comply with rules of a no evidence motion. Also, the record filed to support the petition does not include all exhibits the court considered when ruling on the hybrid motion.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: February 1, 2024, Case #: 09-23-00197-CV, Categories: Evidence, Due Process, Labor / Unions
J. Mahan grants the insurer's partial motion for summary judgment on a company owner's commercial vehicle collision coverage-related claims. The policy holder is the business, not the owner, and the owner lacks standing.
Court: USDC Nevada, Judge: Mahan , Filed On: February 1, 2024, Case #: 2:22cv879, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Contract
J. Stadtmueller partially grants motions in limine from the consulting firm and the data design company in a lawsuit featuring breach of contract and copyright infringement claims over a failed software licensing agreement. The company's motions in limine to bar the firm's counterclaims for breach of implied warranties and professional negligence and its lost revenue damages theory are granted, but the company's motion to bar the firm from arguing that the software the company provided failed to live up to their agreement's terms is denied. The firm's motion in limine to bar the company's quantum meruit theory of recovery seeking more than $600,000 is granted.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: February 1, 2024, Case #: 2:22cv1245, NOS: Other Contract - Contract, Categories: Copyright, Contract
J. Gordo finds defendant's petition for writ of habeas corpus must be granted in his case including battery, child abuse and burglary charges, in part because the trial court did not consider any new showing of probable cause to modify defendant's bond. On remand, the state has two days after this decision is issued to file a motion for pretrial detention, or the trial court must immediately hold a hearing to decide conditions of release.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: February 1, 2024, Case #: 24-0155, Categories: Habeas, Battery, Child Victims
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Prince finds the trial court improperly dismissed the negligence action. The father and pediatric health care customer brought claims against the health care facility after a cyber-attack on health care records breached personal information. The father has standing, and there are questions of fact as to whether facility's choice of electronic records keeper was adequate to protect patients' personal information. Also, if a physician negligently discloses a patient's information through electronic or other means, the patient may maintain an action for damages in tort. Reversed in part.
Court: Oklahoma Courts Of Appeal, Judge: Prince , Filed On: February 1, 2024, Case #: 121682, Categories: Health Care, Fiduciary Duty, Negligence
J. Cureton awards $1 in damages on a company's breach of its lease agreement with a machine-maker. Although the machine-maker seeks more than $1 million in damages, it does not provide evidence of the market value of the machines at the time of the breach, nor does it seek damages for the $518,000 in costs it spent refurbishing the machines to the company's specifications.
Court: USDC Northern District of Texas , Judge: Cureton, Filed On: February 1, 2024, Case #: 4:21cv1292, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Fisher finds that the lower court properly granted a request to annul the state agency's denial of union requests for records associated with the disciplinary hearings of two inmates. Although the inmates had a privacy interest in the records, in which counts against them had been found to be unsubstantiated and the records ordered to be expunged, the agency failed to indicate that redaction could not protect this interest. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: February 1, 2024, Case #: CV-23-0636, Categories: Public Record, Prisoners' Rights
J. Newman grants the employer's motion for summary judgment, ruling the 57-year-old employee cannot establish a prima facie case for age discrimination because the younger candidate who was selected for a promotion to equipment operator had similar qualifications and was already working in the same department, while a single comment during the older employee's interview about his retirement cannot prove pretext. Meanwhile, the retaliation claim also fails because the employee's only evidence his supervisors knew about his EEOC complaint is that "Troy is a small town," which is insufficient to satisfy notice requirements.
Court: USDC Southern District of Ohio, Judge: Newman, Filed On: February 1, 2024, Case #: 3:20cv484, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Gallagher finds the trial court properly denied defendant's motion to bifurcate his offenses into separate trials because each murder, which occurred days apart and were entirely unrelated, had distinct evidence with no possibility of creating confusion among the jury. Meanwhile, defendant's confrontation rights were not violated when a police officer testified about statements made by a victim and several employees of the convenience store where one of the victims worked. All of the statements were made in the immediate aftermath of the shootings, which allowed them to be admitted under the excited utterance hearsay exception. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: February 1, 2024, Case #: 2024-Ohio-337, Categories: Criminal Procedure, Confrontation, Murder
[Modified.] J. Goldman alters a footnote, adds a footnote and denies a rehearing with no change in judgment. The trial court properly refused to grant a drug manufacturer summary judgment on a negligence claim alleging it deferred development of an HIV drug that showed fewer side effects in order to continue profiting from an existing HIV drug. The manufacturer's duty of care includes responsibilities beyond its obligation not to sell defective products, and two exceptions to the duty of care cited by the manufacturer are inapplicable. However, a fraudulent concealment claim cannot proceed because the manufacturer did not have a duty to disclose information about the newer HIV drug with fewer side effects. Vacated in part.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: February 1, 2024, Case #: A165558, Categories: Fraud, Consumer Law, Negligence
J. Immergut grants the government's entry for judgment after remand for its complaint that the account holders did not file reports of Foreign Bank and Financial Accounts for their Canadian bank accounts for 2011, 2012 and 2013 and for their Iranian bank accounts for 2012 and 2013. The account holders propose an alternative exchange rate for this matter because there was a better alternative, but the IRS has full discretion on what method they want to use for accounts and reports.
Court: USDC Oregon, Judge: Immergut, Filed On: February 1, 2024, Case #: 3:20cv1887, NOS: Other - Forfeiture/Penalty, Categories: Debt Collection, Tax
J. Boyle grants partial summary judgment to a utility pipeline firm in this suit for right-of-way to restore land on which it had begun to build a 600-mile underground line to funnel natural gas from West Virginia to North Carolina. Recently, the firm abandoned the project and now seeks permission to restore the land, and its motion is unopposed by the landowner.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 1, 2024, Case #: 4:18cv15, NOS: Land Condemnation - Real Property, Categories: Corporations, Environment, Property
J. Murray finds that the department of technology, management, and budget neither violated the separation of powers doctrine nor the Administrative Procedures Act of 1969 upon enacting a prevailing wage requirement because the policy constituted a proper exercise of discretionary authority under the Michigan Management and Budget Act. Affirmed.
Court: Michigan Court of Appeals, Judge: Murray, Filed On: February 1, 2024, Case #: 363601, Categories: Administrative Law
J. Rice grants the employer's motion for summary judgment, ruling the bus driver's disability discrimination claims fail as a matter of law because his request for an accommodation in the form of driving only diesel buses infringed on the rights of drivers with more seniority and, therefore, was unreasonable. Meanwhile, the employer is entitled to judgment on retaliation claims because it not only granted several requests for FMLA leave, but also attempted to have the driver return to work several times before his termination, requests that he ultimately refused.
Court: USDC Southern District of Ohio, Judge: Rice, Filed On: February 1, 2024, Case #: 3:22cv151, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. McShan finds that a city police sergeant was properly terminated for a pattern of misconduct that included workplace violence, discrimination, and sexual harassment. The officer contends bias played a part when he was fired by the mayor, who also served as public safety commissioner, but the mayor had been new to both jobs and had little involvement in the proceedings before reviewing the recommendations of a hearing officer, at which point he made his own credibility determinations. Meanwhile, termination did not constitute disproportionate punishment even though it had not been recommended by the hearing officer. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: February 1, 2024, Case #: 535654, Categories: Employment
J. Day denies a water solution company's motion to intervene in a construction company's claims seeking reimbursement for allegedly defective tanks built at an anaerobic digestion and biogas production facility. The water company's legally protectable interest in confidential discovery information was more substantial than that of other non-parties, but that the company had been denied such information in related state litigation did not give the company the right to "obtain here what would otherwise be inaccessible to it."
Court: USDC New Jersey, Judge: Day, Filed On: February 1, 2024, Case #: 3:22cv4905, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Construction, Discovery, Contract
J. Kleeh denies the former employee's motion to amend her wrongful discharge complaint against the window and door manufacturer in her suit claiming the company violated the West Virginia Pregnant Worker's Fairness Act when they terminated her employment two days after she requested another day off to be with her infant son. The employee's motion is "futile" since it is "devoid of any constitutional precept, statute, regulation, or judicial decision" that would bolster the plausibility of her claim the company violated the PWFA when it terminated her employment.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: February 1, 2024, Case #: 1:23cv30, NOS: Employment - Civil Rights, Categories: Employment, Business Practices, Employment Discrimination
J. Talwani grants in part a minor student’s motion for summary judgment to overturn a hearing officer’s decision and order his public school district to place him in an integrated residential school. The student’s parents were unable to challenge the school district’s decision to keep the student at the New England Adolescent Research Institute in their hearing request because they weren’t told about the school’s decision until the hearing.
Court: USDC Massachusetts, Judge: Talwani, Filed On: February 1, 2024, Case #: 3:22cv10267, NOS: Education - Civil Rights, Categories: Ada / Rehabilitation Act, Education
J. Kim finds that the trial court properly ordered a city to exempt from coastal development permit requirements property owners' proposal to build an accessory dwelling unit. The city was not entitled to deference in its interpretation of statute, which broadly exempts improvements that consist of new construction that is directly attached to an existing residence. Affirmed.
Court: California Courts Of Appeal, Judge: Kim, Filed On: February 1, 2024, Case #: B323731, Categories: Zoning, Housing
J. Flynn finds the lower court properly terminated the mother's parental rights and granted permanent custody of the child to family services. Although she showed significant interest in the child and made nearly all of her visitation appointments, she failed to remedy the primary cause of the child's initial removal, an abusive relationship with her boyfriend, and, therefore, could not provide a safe and stable home for the child. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Flynn, Filed On: February 1, 2024, Case #: AC46676, Categories: Evidence, Family Law