154 results for 'filedAt:"2024-02-09"'.
J. Hartz finds that the lower court improperly dismissed civil rights claims against Oklahoma State University from a free speech advocacy group that sought to challenge new schoolwide policies that they claimed chilled free speech. The lower court tossed their suit on the grounds that the three student members they were representing decided to proceed in the case as anonymous persons, stating that the group lacked standing as a result. But the Supreme Court opinion they relied on to make those findings did not make anonymity an issue and there was "no hint, much less an emphatic statement," that the opinion in question was setting a precedent that anonymous persons could not have standing to bring claims such as this. Reversed.
Court: 10th Circuit, Judge: Hartz, Filed On: February 9, 2024, Case #: 23-6054, Categories: Civil Rights, Education, First Amendment
J. Subramanian finds that the district court improperly dismissed class claims contending Mexican branches of multinational banks engaged in price-fixing on government bonds sold to U.S. retirement funds because while actual pricing occurred in Mexico, nonparty broker-dealers facilitated sales from New York.
Court: 2nd Circuit, Judge: Subramanian, Filed On: February 9, 2024, Case #: 22-2039-cv, Categories: Antitrust, Securities, Jurisdiction
J. Krause finds, after careful reconsideration upon transfer back from the Supreme Court, that the trial court was within its discretion not to conduct a full resentencing when it struck a prior prison term enhancement and reduced defendant's 26-year sentence by one year. The trial court struck the enhancement pursuant to Senate Bill 483. A full resentencing is only available if defendant follows the procedure of the Three Strikes Reform Act to seek discretionary relief. Affirmed.
Court: California Courts Of Appeal, Judge: Krause, Filed On: February 9, 2024, Case #: C097389, Categories: Sentencing, Kidnapping
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J. Ebel finds that the lower court improperly dismissed an age discrimination claim brought by a former employee of a medical company who says he was fired after experiencing a several-month stay in the ICU due to a medical emergency. While the lower court properly tossed his disability discrimination claim on the grounds that there was no reasonable accommodation of leave during his recovery the company could have offered, his age discrimination claim should have survived. He brought forward enough evidence at this stage to suggest that he was fired on false pretenses, and was later replaced with two younger and less qualified employees. Reversed in part.
Court: 10th Circuit, Judge: Ebel, Filed On: February 9, 2024, Case #: 22-5107, Categories: Employment, Employment Discrimination
Per curiam, the appellate division finds that the trial court improperly dismissed claims contending an employee was injured while lifting a loaner jack onto a cart because the bed of a truck or other vehicle does not constitute an "elevated work surface." However, questions remain unresolved as to whether the company directed or controlled work at the site. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 9, 2024, Case #: CA 23-00360, Categories: Employment, Negligence
J. Brasher finds that the district court improperly dismissed an action brought by three individuals and a gun advocacy group challenging the constitutionality of a Georgia law barring anyone under the age of 21 from obtaining a license to carry firearms. The district court correctly found that the individuals lack standing to sue the public safety commissioner but incorrectly found they lacked standing to sue three county probate judges. The individuals showed that they faced an injury due to the statute. The individuals also showed that their injury is traceable to the probate judges and redressable by an order against them because probate judges are responsible for issuing the licenses. Probate judges perform a ministerial rather than judicial function when processing weapons carry licenses. Reversed in part.
Court: 11th Circuit, Judge: Brasher, Filed On: February 9, 2024, Case #: 22-13444, Categories: Constitution, Firearms
J. Minor finds that this case must be remanded for the lower court to hold an evidentiary hearing on the applicant's claim regarding pretrial jail credit. Even though a credit in this case would "not shorten his prison sentence," since he is serving a life sentence without the possibility of parole on an attempted murder conviction, the relevant statute requires certification of the time "spent incarcerated pending trial."
Court: Alabama Court of Criminal Appeals, Judge: Minor, Filed On: February 9, 2024, Case #: CR-2023-0374, Categories: Criminal Procedure, Murder
Per curiam, the Vermont Supreme Court finds the trial court properly terminated the parental rights to a mother and father. While the mother argues the state failed to show or prove that she was served a notice of the hearing. Therefore, the mother’s argument is remanded for an evidentiary hearing and separate determination if the court properly mailed the notice of hearing. The father argues the court erred in finding the parents did not deny abusing one of their child, and he accepted the responsibility of injuries. The termination order was not in error as to the mother or father, as they failed to prove reunification was in the best interest of the children. Reversed in part. Affirmed in part.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-295, Categories: Family Law, Guardianship
J. Knapp grants the employer's motion for summary judgment, ruling any of the female employee's claims of gender-based retaliation or harassment that occurred before November 9, 2019 are time-barred based on the filing date of her EEOC complaint. Additionally, although the employee undoubtedly engaged in protected activity when she reported alleged discrimination and filed the EEOC complaint, her failure to comply with an expectations sheet implemented after previous disciplinary issues gave the employer a legitimate reason to fire her.
Court: USDC Northern District of Ohio, Judge: Knapp, Filed On: February 9, 2024, Case #: 5:21cv1573, NOS: Employment - Civil Rights, Categories: Civil Procedure, Evidence, Employment Discrimination
J. Stargel finds the trial court erred in granting a minor child’s motion to suppress and motion to limine to exclude co-conspirator statements regarding threats the child made on school property. The child was later charged with conspiracy to commit murder. The state argues they were deprived a chance to present statements before the case was suppressed. Therefore, this case is remanded for the state to a new hearing to present the statement on the motion in limine. Reversed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: February 9, 2024, Case #: 6D23-520, Categories: Murder, Conspiracy
Per curiam, the Vermont Supreme Court finds the employment security board properly found the employer met its burden to demonstrate the former employee was terminated for attendance misconduct. The former employee argues for each of his absences, “he called out sick; as a result of his sicknesses, he could not give two weeks’ notice; he was told to take time off during the period in question because work was slow; and he accrued substantial vacation time and therefore could not have been frequently absent.” The board found the employee believed he was instructed to take certain time off and the employer had him on notice for his unexcused absences, as they were interfering with certain projects. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-281, Categories: Employment
J. Bates grants a bank's motion to dismiss a Slovenian medical equipment company's action arising from $590,000 in wire transfers from Ukrainian businesses it never received. The company's conversion and unjust enrichment claims are precluded by the Uniform Commercial Code, and it fails to support its claims for fraud and tortious interference with a business relationship.
Court: USDC District of Columbia, Judge: Bates, Filed On: February 9, 2024, Case #: 1:22cv2554, NOS: Other Contract - Contract, Categories: Fraud, Conversion, Banking / Lending
J. Asplin finds a lower court properly ruled in favor of a British railway company employees' contract claims against a pension. The pension trust argued that it properly calculated actuarial valuation for railway employees' benefits. However, the participating employees sufficiently showed in court that present and future benefits are insufficient for retirement. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Asplin, Filed On: February 9, 2024, Case #: CA-2023-241, Categories: Employment, Pensions, Contract
J. Carluzzo finds for the commissioner of internal revenue in this tax liability dispute because the mother was not entitled to an earned income tax credit or head of household filing status as claimed on her return.
Court: U.S. Tax Court, Judge: Carluzzo, Filed On: February 9, 2024, Case #: 2024-20, Categories: Tax
J. Taranto finds that the court of federal claims properly ruled in patent claims concerning "doubly transgenic mice with accelerated pathology for Alzheimer's Disease" because the U.S. had a license to practice the patent and have the patent practiced on its behalf. Affirmed.
Court: Federal Circuit, Judge: Taranto, Filed On: February 9, 2024, Case #: 22-2248, Categories: Patent
J. Panella finds that the lower court properly sentenced defendant for driving under the influence of a controlled substance after being pulled over for a traffic stop and admitting to taking medical marijuana that day. There is no legal support for defendant’s argument that medical marijuana is not a Schedule I controlled substance. Affirmed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: February 9, 2024, Case #: J-S41008-23, Categories: Criminal Procedure, Drug Offender, Dui
J. Cole finds that the lower court improperly entered judgment on an application for writ of habeas corpus, instructing the Alabama Department of Corrections to calculate the correctional-incentive time due to the applicant. The applicant did not use the "proper legal mechanism" to challenge the department's decision regarding correctional-incentive time. Accordingly, the matter is remanded so that the case can be transferred to Montgomery Circuit Court, where the petition should be treated "as a petition for a writ of certiorari." Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Cole, Filed On: February 9, 2024, Case #: CR-2023-0426, Categories: Criminal Procedure, Prisoners' Rights
Per curiam, the appellate division finds that the trial court properly convicted defendant of drug possession charges after he was found to have conducted a drug trafficking operation out of a house. Defendant failed to properly preserve some arguments, and testimony by a police detective regarding other individuals implicated in the drug operation was not prejudicial because certain questions and responses were stricken from the record. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 9, 2024, Case #: KA 22-00847, Categories: Drug Offender