132 results for 'filedAt:"2024-02-26"'.
J. McCalla partially grants the defendant company's summary judgment motion in this lawsuit brought by an employee alleging harassment and retaliation under the Tennessee Human Rights Act, as well as workers' compensation retaliation. Specifically, the motion is granted as to the plaintiff's workers' compensation retaliation claim. Also, the defendant coworker's summary judgment motion is denied.
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: February 26, 2024, Case #: 2:22cv2683, NOS: Other Labor Litigation - Labor, Categories: Employment Retaliation, Workers' Compensation
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J. Bress finds that the district court improperly held that the decision of the California Horse Racing Board (CHRB) precluded thoroughbred racehorse owners’ action alleging First Amendment violations arising from the refusal to register the owners’ thoroughbred racehorse. The CHRB lacked the authority to decide constitutional claims. The owners’ decision not to seek review of the CHRB’s decision in state court did not cause a preclusive effect because any requirement that the owners go to state court before filing suit would be an improper exhaustion prerequisite. Reversed.
Court: 9th Circuit, Judge: Bress, Filed On: February 26, 2024, Case #: 23-55735, Categories: First Amendment
J. Oliver finds the district court properly dismissed this trust promissory estoppel claim brought by a son against his father’s estate. The son alleges his father verbally agreed to leave the ranch to him, but in the will, it was left to the father’s grandsons. He fails to meet the burden of proof because the evidence of detrimental reliance was insufficient, and the court could not find an equitable remedy. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: February 26, 2024, Case #: 20210415-CA, Categories: Evidence, Property, Trusts
J. Bell partially grants a group of short-term rental property owners their motion to remand this case to state court; they sued a county for allegedly violating of state and federal zoning laws. The group maintains that the county instituted an ordinance prescribing how the properties are used as a form of unfairly condemning the properties. The group’s state law claims will be remanded, but its federal claims will proceed, as the parties were unable to voluntarily resolve their dispute.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 26, 2024, Case #: 5:24cv3, NOS: Other Civil Rights - Civil Rights, Categories: Government, Property, Zoning
J. Scholer grants, in part, a dental staffing company's motion to file a third amended complaint in its case arising from an agreement to buy a business's staffing contracts. Its addition of claims for negligent misrepresentation, breach of contract and fraudulent inducement are not futile.
Court: USDC Northern District of Texas , Judge: Scholer, Filed On: February 26, 2024, Case #: 3:22cv2553, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Rovner finds that the lower court properly rejected defendant's habeas petition alleging ineffective assistance of counsel. Defendant has proven that his counsel was ineffective for failing to consult a toxicologist, who would have revealed that the government could not prove that the heroin defendant supplied was the cause of the drug user's death. However, defendant was not prejudiced by this failure because he would have faced a mandatory life term based on his prior felony drug conviction and the fact that two individuals suffered serious bodily injuries when they overdosed on heroin that he supplied. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: February 26, 2024, Case #: 22-2666, Categories: Drug Offender, Ineffective Assistance, Sentencing
J. Easterbrook finds that the lower court properly rejected defendant's claim he was denied a speedy trial due to the general order that suspended criminal jury trials from March 2020 through April 2021 due to the Covid-19 pandemic. Social and epidemiological considerations permitted the delay of criminal jury trials during the pandemic and district judges may rely on institutional findings such as the general order without making defendant-specific findings in such circumstances. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: February 26, 2024, Case #: 22-2470, Categories: Criminal Procedure, Jury, Speedy Trial
J. Brennan finds that the lower court improperly granted the state's untimely petition to deny defendant pretrial release on drug charges. The state's petition was due 21 days after defendant's arrest, but it was not filed until 51 days later. Vacated.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: February 26, 2024, Case #: 230728, Categories: Drug Offender, Bail
Per curiam, the circuit finds the district court properly convicted defendant for drug trafficking. Though defendant admitted to having a gun at his residence when asked before he was Mirandized, the public safety questioning exception applies. The subject was also brought up in court by defendant even though the prosecution had not mentioned it. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 26, 2024, Case #: 22-11007, Categories: Drug Offender, Firearms, Miranda
Per curiam, the Vermont Supreme Court finds the criminal division properly released defendant on bail and conditions of release pending trial for accessory after the fact. A defendant cannot be held without bail, even if the state proves that the felonious conduct involved violence against another victim. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 26, 2024, Case #: 24-AP-041, Categories: Bail
J. Rowland denies a Chicago YWCA’s motion to dismiss contract breach and race discrimination claims brought by the founder of “World of Money," a financial tutoring program for children of color. The YWCA incorporated World of Money as one of its own programs in 2020, hiring the founder as its executive director. However, despite claiming World of Money as its own, the YWCA did not financially support the program or hold up the founder’s attempts to broaden it, then abandoned it entirely in 2023. The founder has adequately alleged her race discrimination and contract breach claims.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: February 26, 2024, Case #: 1:23cv2821, NOS: Other Contract - Contract, Categories: Employment Discrimination, Contract
J. Docherty partially grants the law firm's motion to compel discovery in its suit against the litigation finance company alleging consumer protection violations, fraud and abuse of process. The finance company must comply with the firm's discovery request, but is not sanctioned for prior failures to do so. J. Docherty, as a magistrate judge, also cannot grant the firm's request to enjoin the allegedly abusive arbitration.
Court: USDC Minnesota, Judge: Docherty, Filed On: February 26, 2024, Case #: 0:23cv1271, NOS: Other Contract - Contract, Categories: Discovery, Contract
J. Shepherd finds a lower court properly sentenced a defendant to 92 months in prison following a conviction for possession with intent to distribute a controlled substance. The defendant argued that he is entitled to suppress evidence located by authorities in a traffic stop. However, the government sufficiently showed in court that a patrol officer discovered meth, cocaine, and drug paraphernalia inside the defendant's vehicle with the help of a drug sniffing canine, and had reasonable suspicion to pull him over for running a stop sign and speeding. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: February 26, 2024, Case #: 23-2121, Categories: Drug Offender, Evidence, Sentencing
J. Gibbons finds the county court properly denied the state's petition for judicial review in a highway patrol officer's case concerning workers' compensation benefits for heart disease. The insurer denied the claim, finding the officer had predisposing conditions. However, an investigation following the officer's appeal showed he had taken proper measures to correct the condition, and the appeals officer then found the claim compensable. The state has not shown that correcting the predisposing condition was within the officer's ability. Affirmed.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: February 26, 2024, Case #: 84035-CoA, Categories: Evidence, Health Care, Workers' Compensation
J. Baker finds that the district court improperly revoked a permit to build and operate a copper mine next to a tributary of the Smith River. The Department of Environmental Quality satisfied both the Metal Mining Reclamation Act and the Environmental Policy act in approving the mine operator's proposed cemented tailings facility. The department also conducted a rational evaluation of the impact of nitrogen discharges into the tributary. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: February 26, 2024, Case #: DA 22-0406, Categories: Administrative Law, Environment, Property