173 results for 'filedAt:"2024-02-15"'.
J. Grosshans answers two questions from a lower court regarding whether a child conceived via cryopreserved sperm samples and in vitro fertilization following the father’s death is entitled to recover child’s insurance benefits under the Social Security Act, and whether Florida law authorizes a posthumously conceived child to inherit a child’s share of the deceased father’s intestate personal property. The father must have the child or children in his drafted will before his death for the child or children to be “eligible for a claim against the decedent’s estate.” Answering the first question is necessary to answer the second question, so it is remanded back to the lower court for further proceedings.
Court: Florida Supreme Court, Judge: Grosshans, Filed On: February 15, 2024, Case #: SC2022-1342, Categories: Constitution, Social Security, Due Process
J. Geraci finds for the state office for people with development disabilities in claims contending an employee was denied accommodations for autism, cerebral palsy, osteoarthritis, and various intellectual and psychiatric disabilities, and fired her for taking extended sick leave, because evidence did not indicate the employee's ability to work was limited by post-traumatic stress disorder, and working at the group home and performing intervention training were essential functions of her position.
Court: USDC Western District of New York, Judge: Geraci , Filed On: February 15, 2024, Case #: 6:21cv6577, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment Discrimination
J. Halligan finds that the appellate division properly held that the operator of multiple restaurants was properly denied insurance coverage after being forced to suspend in-person dining early in the Covid-19 pandemic. The operator failed to demonstrate the insurer breached the contract on business-interruption losses because the policy covered direct physical loss or damage, which required a material change or "complete and persistent dispossession" of the insured property. Affirmed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: February 15, 2024, Case #: 07, Categories: Insurance, Covid-19
J. Kelsey finds the lower court improperly granted judgment to the vehicle repair shop. A New Jersey man brought his vintage Mustang to a Virginia repair shop. A friend of the New Jersey man, who lives in Virginia, found the repair work unsatisfactory, and the New Jersey man demanded the repair shop to continue work and delay his retrieval of the car until it was satisfactory. The repair shop, dissatisfied with the amount of complaints, sought to sell the car under the Virginia Abandoned Vehicle Act. The repair shop notified the New Jersey man, as required by the Act, via a letter to his parent's home in Michigan despite having only ever communicated with the customer with telecommunications to sell the car to a third party before the New Jersey man noticed. Reversed.
Court: Virginia Supreme Court, Judge: Kelsey, Filed On: February 15, 2024, Case #: 230115, Categories: Property, Vehicle, Consumer Law
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. Westbrook finds the trial court did not violate the father's rights under the Americans with Disabilities Act when it denied his requests for half-day trial days during the couple's marital and custody dispute. Even if his claim of a disability is legitimate, he failed to make a formal request under the Act and his doctor's accommodation request made no specific mention of shortened trial days. Additionally, the award of sole custody of the child to the wife was not a retaliatory decision by the trial court for the husband's accommodation requests, but rather, was based on the evidence of the case and the husband's refusal to appear at various hearings because they took place in the afternoon. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Westbrook, Filed On: February 15, 2024, Case #: AC45698, Categories: Ada / Rehabilitation Act, Family Law, Judiciary
J. Lynch finds that the workers' compensation board properly held in abeyance the issue of whether selling a firearm constituted "work" in deciding whether claimant made misrepresentations to receive benefits for a back injury. Benefits were suspended after claimant pleaded guilty to crimes including sale of a firearm and was sent to prison, and the board did not abuse its discretion in waiting for claimant to hold a hearing. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: February 15, 2024, Case #: CV-23-0111, Categories: Civil Procedure, Workers' Compensation
J. Brennan finds that the lower court properly found that the children of guardians who activated DNA test kits on their behalf are not bound by the arbitration agreement signed by the guardians who signed up for the genetic testing service. Therefore, the children may sue Ancestry for violating their privacy rights by disclosing their confidential genetic information when another business acquired Ancestry.com. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: February 15, 2024, Case #: 22-2813, Categories: Arbitration, Privacy, Contract
J. Dooley denies, in part, the employer's motion to dismiss, ruling the discrimination and retaliation claims will proceed based on the allegations made by the Hispanic employee, which supports her claim of a constructive discharge. She was told to resign by her union representative before she was fired just two days after she informed her supervisors of numerous racist comments made by a coworker who was not disciplined.
Court: USDC Connecticut, Judge: Dooley, Filed On: February 15, 2024, Case #: 3:22cv1173, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Bright finds the lower court erroneously denied the petitioner's request to reopen his habeas case without resolving factual disputes or making credibility determinations. Although the motion was filed after the relevant procedural deadline, the ineffective assistance claims raised by the petitioner are of such critical importance the deadline is irrelevant. The petitioner claimed his attorney lied about efforts to contact him after he was deported to Jamaica, and because the lower court made no determination regarding the facts of the case, this court declines to do so and remands the case for proper analysis. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: February 15, 2024, Case #: AC45984, Categories: Criminal Procedure, Habeas, Ineffective Assistance
J. Johnson finds that the lower courts improperly ruled that an insurance company's practice of reducing provider bills to an 80th percentile cap violates the Washington Consumer Protection Act. The insurance company's practices fall under the established standards of how an insurance company can determine the charges for medical procedures. Similar types of "80th percentile practices" by other companies in other jurisdictions have also been upheld by the courts, further supporting findings that it does not run afoul of the Consumer Protection Act. Reversed.
Court: Washington Supreme Court, Judge: Johnson, Filed On: February 15, 2024, Case #: 101576-3, Categories: Insurance, Class Action
J. Garry finds that the lower court properly convicted defendant based on his guilty plea to attempted burglary. Defendant failed to preserve claims challenging the voluntariness of his plea and contending he received ineffective assistance, and he failed to seek to withdraw the plea. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: February 15, 2024, Case #: 112261, Categories: Ineffective Assistance, Plea
J. Locke rules on a series of motions filed in a product liability lawsuit for injuries stemming from the use of a retractable dog leash product sold on Amazon and at Petco retail stores. A woman alleges her middle and ring fingers were amputated after the cord on a Flexi New Classic leash wrapped around her hand while she was walking her golden retriever. The court preserves her claims for negligence, design defect and failure to warn, and also finds it has personal jurisdiction over the claims against the product’s distributor. The court further grants limited discovery to allow the litigant to establish jurisdiction over the product’s manufacturer, which is based in Germany.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: February 15, 2024, Case #: 2:22cv6608, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Jurisdiction
J. Luthy finds the trial court properly convicted a man on two counts of possession of a controlled substance with intent to distribute. The man says his attorney’s assistance was ineffective, for example because he did not object to testimony related to how much of the drugs are usually kept for personal use, for example. His arguments are unpersuasive. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: February 15, 2024, Case #: 20210868-CA, Categories: Drug Offender, Evidence, Ineffective Assistance
J. Ross dismisses a general contractor’s third-party complaint and counterclaims that seek to shift liability for claims under the Fair Labor Standards Act to a separate subcontractor, plus hold it liable for shoddy painting work and broken equipment. The general contractors’ counterclaim for fraud provides only conclusory allegations, and its negligent workmanship fails to meet the requirements as either a negligence or contract claim. The court further declines to grant its claim for implied indemnification or declare the subcontractor as the laborers’ employer.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: February 15, 2024, Case #: 1:22cv4356, NOS: Fair Labor Standards Act - Labor, Categories: Fraud, Negligence, Labor
J. McConnell finds the trial court properly found a woman mentally incompetent to stand trial for stabbing another person and lacked the capacity to administer antipsychotic medication to herself. The woman argues the trial counsel failed to object to the order authorizing a state hospital to involuntarily administer the medication. She failed to establish that this would probably result in a different outcome. Affirmed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: February 15, 2024, Case #: D081713, Categories: Civil Rights, Mediation
J. Lin denies the debt collection agency summary judgment against the patient's complaint alleging that the debt collection agency sought a default judgment for medical debt that the patient did not owe. The debt collection agency argues that the patient cannot establish an injury because the underlying default judgment against her cannot be vacated as a final judgment, but the debt collection agency does not provide a legal authority to support its argument.
Court: USDC Western District of Washington, Judge: Lin, Filed On: February 15, 2024, Case #: 2:22cv255, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Carnes finds that the district court properly granted the board's motion to dismiss the ex-employee's action under the Georgia Whistleblower Act and the anti-retaliation provision of the False Claims Act alleging that she was fired for reporting the university's misallocation of head start funds to an executive director. Congress did not abrogate sovereign immunity for lawsuits against states under the provision. The district court correctly found that the board is an arm of the state entitled to the same immunity the state would have from the ex-employee's claims. Affirmed.
Court: 11th Circuit, Judge: Carnes, Filed On: February 15, 2024, Case #: 21-14409, Categories: Immunity, False Claims, Whistleblowers
J. VanMeter finds that plaintiff, a victim of childhood sexual abuse, was allowed to file claims for the city's vicarious liability concerning abuse committed by her father, a police officer, because the 2021 amendment to KRS 413.249(7)(b) permitted claims to be filed five years beyond the statute of limitations.
Court: Kentucky Supreme Court, Judge: VanMeter, Filed On: February 15, 2024, Case #: 2022-SC-0308-DG, Categories: Civil Procedure, Negligence
J. Locke awards Toyota Lease Trust $232 in depreciation damages, plus $235,054 in attorney fees after it prevailed on its due process and unreasonable seizure claims against a Long Island village. Toyota tried to claim it was entitled to more than $3,000 in depreciation damages, but the court concludes the village is only liable for the loss in the car’s value from the time it was first impounded until its release, not when it was sold at auction a few months later.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: February 15, 2024, Case #: 2:20cv2207, NOS: Other Civil Rights - Civil Rights, Categories: Damages, Attorney Fees
J. Forester finds the district court properly determined a woman’s supplement disclosures were not timely and delayed disclosures, that these deficiencies were not harmless, and that she failed to show good cause for the disclosure being delayed in this car collision suit. She had no good cause or evidence for the delayed disclosures for the discovery process. Affirmed.
Court: Utah Court Of Appeals, Judge: Forester, Filed On: February 15, 2024, Case #: 20220702-CA, Categories: Civil Procedure, Vehicle, Discovery