159 results for 'filedAt:"2024-03-18"'.
J. Gustafson finds that the attorney general erroneously disqualified as legally insufficient a proposed ballot initiative that would amend the state constitution to create an explicit right to make and carry out decisions about one's own pregnancy, including the right to abortion. The initiative meets the constitutional separate vote requirement since it does not make two or more substantive and unrelated changes to the constitution. Also, the attorney general lacked statutory authority to append a fiscal statement to the proposed initiative, as the state budget director had already determined it would have no impact on state finances. And the attorney general shall review and prepare ballot statements in compliance with statute.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: March 18, 2024, Case #: OP 24-0052, Categories: Civil Rights, Constitution, Elections
J. Corker dismisses the dog owners' amended complaint, in which they assert "various theories of liability" against the veterinary defendants following the death of their pet. The owners' claims against the state defendants are barred under the doctrine of sovereign immunity. The owners' due process claim also fails as the escalation in the dog's care was "voluntary," and they fail to state an equal protection claim, as they have not shown how they were treated "worse than similarly situated individuals."
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: March 18, 2024, Case #: 3:22cv414, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care
J. Chase finds that the trial court properly denied the Louisiana Fair Housing Action Center's exception of insufficiency of service of process on a condominium owners' association's lease action. In this case, the association had 90 days from the date of the lifting of the stay order to request service and citation. Therefore, the association's action was timely. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: March 18, 2024, Case #: 2024-C-0058, Categories: Civil Procedure, Landlord Tenant
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J. Brennan grants, in part, the Ohio paint removal company's motion for summary judgment, ruling the competitor's RICO claims must be dismissed. It knew or should have had strong suspicions regarding the Ohio company's fraudulent bidding practices before or during the criminal bribery trial of its owner, which took place more than four years before this complaint was filed; therefore, the complaint was filed outside the statute of limitations.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: March 18, 2024, Case #: 5:21cv731, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Fraud, Racketeering
J. Powell finds the lower court properly granted the contractor's motion for summary judgment in a contract action. The customer provided no evidence to rebut the contractor's contract claim after he was denied access to the customer's home and the customer refused to pay for any of the work done. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: March 18, 2024, Case #: 2024-Ohio-1002, Categories: Construction, Contract
J. Jennings grants, in part, the spirits distillery partners' motion to dismiss this breach of contract and fraud suit. The partner who filed suit says his purchasing advice was being ignored before he was cut out of critical business decisions altogether, while other partners hid certain product from him, shipping it out of state. The breach of contract allegation is barred by the statute of frauds. However, a claim of unjust enrichment has been plausibly stated, and the statute of frauds does not preclude equitable relief on this claim.
Court: USDC Western District of Kentucky, Judge: Jennings , Filed On: March 18, 2024, Case #: 3:23cv602, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. McFarland grants the Air Force's motion to dismiss, ruling that because the servicemembers did not seek retrospective relief in their complaint regarding the Covid-19 vaccine mandate, the two members who missed drill weekends and retirement points cannot recoup them through legal action and the case is moot as a result of the court's previous vacatur of the injunction.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: March 18, 2024, Case #: 1:22cv84, NOS: Other Statutory Actions - Other Suits, Categories: Covid-19, Class Action, First Amendment
J. Cole finds the lower court properly granted the freight broker's motion to compel arbitration with the trucking company. The Section 1 exemption of the Federal Arbitration Act, which excludes employment agreements between companies and rail workers, does not apply to this case, which involves a contract between two business entities. Affirmed.
Court: 6th Circuit, Judge: Cole, Filed On: March 18, 2024, Case #: 23-1777, Categories: Arbitration, Employment, Contract
J. Higginson finds the district court improperly ruled against the insurer in this declaratory judgment action, in which it seeks to invalidate certain indemnification and additional insured provisions for fire-suppression and electrical work in its policies with salt mining companies. The insurer says the Louisiana Oilfield Indemnity Act applies because the mine uses a drill-and-blast method, yet the court found that because no well is involved the Act does not apply. However, the Act does not contain a universal well requirement. The court must decide whether the contracts pertain to drilling for minerals. Reversed.
Court: 5th Circuit, Judge: Higginson , Filed On: March 18, 2024, Case #: 23-30076, Categories: Energy, Environment, Insurance
J. Griffin finds the lower court properly dismissed municipal liability claims against the city. Although the police chief intentionally avoided a background check on the officer who held the victim at gunpoint while off-duty and without any reason, there is no evidence to suggest the city should have known the officer would have committed this specific, unconstitutional act based on previous disciplinary issues with a Florida police department. Affirmed.
Court: 6th Circuit, Judge: Griffin, Filed On: March 18, 2024, Case #: 23-5229, Categories: Civil Rights, Evidence, Government
J. Stranch finds the undecided nature of the constitutionality of felon-in-possession charges based on previous convictions relative to the Second Amendment prevents this court from overturning defendant's conviction for possession of a firearm. Meanwhile, the trial court erroneously applied a four-level enhancement to defendant's sentence for reckless endangerment because there was no evidence to indicate any bystander was placed in a "zone of danger" when he fired his weapon outside. Affirmed in part.
Court: 6th Circuit, Judge: Stranch, Filed On: March 18, 2024, Case #: 22-5459, Categories: Constitution, Firearms, Sentencing
J. Aenlle-Rocha grants final approval of the settlement, bringing an end to the employees' class action accusing AT&T of not paying them all wages owed. AT&T agrees to pay a $75,500 net settlement, which is fair and adequate based on the strength of the employees' case and the extent of completed discovery.
Court: USDC Central District of California, Judge: Aenlle-Rocha, Filed On: March 18, 2024, Case #: 2:18cv8809, NOS: Employment - Civil Rights, Categories: Employment, Settlements, Class Action
J. Kugler dismisses most of the claims in a complaint alleging that the insurer wrongfully failed to pay disability benefits. There is no evidence the insurer acted in bad faith, and any losses that resulted from the denial of the claim are best evaluated in the breach of contract claim.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 18, 2024, Case #: 1:23cv2493, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Wooton accepts the recommendation of the Judicial Hearing Board to publicly reprimand and impose other sanctions on the Morgan County family law judge for her role in drafting a letter on behalf of the West Virginia Family Law Judicial Association in support of a now-former family law judge facing disciplinary action in 2020. Despite her lack of candor in admitting any knowledge of the letter, the court finds the recommended discipline appropriate since her role in editing it "did not arise from performance of her judicial duties and related more to personal matters than public ones."
Court: West Virginia Supreme Court Of Appeals, Judge: Wooton , Filed On: March 18, 2024, Case #: 22-862, Categories: Government, Judiciary, Sanctions
J. Walker finds that the district court properly denied a preliminary injunction to enforce a duty to defend under a directors and officers liability insurance policy covering an independent director sued in an adversarial proceeding in bankruptcy court. No abuse of discretion occurred in the denial, as the director sought a mandatory injunction but failed to meet its heightened standards for a clear showing of likely success on the merits and of irreparable harm. Furthermore, the director's entry into a settlement agreement with the bankruptcy trustee did not moot the appeal. Affirmed.
Court: 2nd Circuit, Judge: Walker, Filed On: March 18, 2024, Case #: 23-690, Categories: Bankruptcy, Insurance, Injunction
Per curiam, the circuit finds that the district court properly dismissed claims by six public university professors alleging that state law establishing their representative union violates their free speech and association rights. Precedent foreclosed their claims since the so-called Taylor Law, which permits the unionization of public employees, only recognizes the Professional Staff Congress as their bargaining agent, even if they quit the unit over disagreement with its stand on social issues. Furthermore, a section of Taylor Law that limits union representation of non-union employees also did not violate First Amendment rights. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 18, 2024, Case #: 23-384, Categories: Civil Rights, First Amendment, Labor / Unions
J. Parker finds that the district court improperly dismissed antitrust and tortious interference claims by one drugmaker against another in a dispute over delivery of a prescription medication to treat an eye condition that can cause blindness. The product market to be considered should have been limited to the one-step prefilled syringe injection method, which plaintiff drugmaker claimed defendant drugmaker, working with a third-party "filler" they both used, attempted to dominate through anticompetitive, secret agreements. Furthermore, plaintiff drugmaker adequately alleges that it was kept from learning about defendant drugmaker's contractual interference until the statute of limitations expired. Reversed.
Court: 2nd Circuit, Judge: Parker, Filed On: March 18, 2024, Case #: 22-0427-cv, Categories: Antitrust, Interference With Contract
J. Silfen denies in part both parties' motions for summary judgment in this dispute over taxes levied on a taxpayer for the sale of shares of stock. There is a genuine dispute over whether the taxpayer's company was a qualified small business before 2009. He must prove that it qualified to show that some of his shares are eligible for favorable capital-gain tax treatment.
Court: Court of Federal Claims, Judge: Silfen, Filed On: March 18, 2024, Case #: 22-1815T, Categories: Government, Tax
J. Norton finds in favor of the school board in this employment dispute alleging race and gender discrimination. Although the teacher claims that students called her derogatory names, swore at her and made sexual comments in her presence, there is no evidence that the teacher reported that these incidents made her feel like she was being discriminated against. She does not claim that a district employee ever harassed her.
Court: USDC South Carolina Aiken, Judge: Norton, Filed On: March 18, 2024, Case #: 2:21cv1472, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination
J. Partida-Kipness conditionally grants the relators' petition for a writ of mandamus, in which they challenge an order granting a motion to quash certain discovery in the underlying construction dispute. The lower court erred in determining that the relators "abused the discovery process" and in ordering that the financial records at issue be destroyed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 18, 2024, Case #: 05-23-01085-CV, Categories: Civil Procedure, Discovery
J. Battaglia rules that a class of consumers may pursue California Invasion of Privacy Act and California Computer Data Access and Fraud Act violations against Kohl's alleging that its website chat feature may be facilitating eavesdropping. The consumers sufficiently allege that the website chat feature operates through a third-party's servers, allowing real-time interception of chats between website users and Kohl's customer service representatives. The consumers also sufficiently allege that there is a market for website users' data from which Kohl's and the third party profit.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: March 18, 2024, Case #: 3:23cv1988, NOS: Other Civil Rights - Civil Rights, Categories: Privacy, Class Action, Technology