161 results for 'filedAt:"2024-03-19"'.
J. Meyer denies, in part, the board of education's motion for summary judgment, ruling that while the teacher being summoned to disciplinary meetings and having a negative comment on her performance review are not typical examples of adverse employment actions, they are sufficient to create an issue of fact and allow the First Amendment retaliation claim to proceed for the board's actions in the wake of critical comments made by the teacher regarding the district's Covid-19 policies.
Court: USDC Connecticut, Judge: Meyer, Filed On: March 19, 2024, Case #: 3:22cv425, NOS: Other Civil Rights - Civil Rights, Categories: Education, Covid-19, First Amendment
J. Ritter denies the injured employee's motion to compel depositions, ruling the deposition notices are not only untimely or unduly burdensome, but the employer's pending motion to dismiss must also be adjudicated before any further discovery.
Court: USDC New Mexico, Judge: Ritter, Filed On: March 19, 2024, Case #: 2:23cv165, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Negligence, Discovery
J. Wolford dismisses some claims in the police officer's complaint alleging that he was discriminated against and forced to resign after he identified other officers who were violating penal law and was told by coworkers to "keep his mouth shut." The officer fails to cite language in the collective bargaining agreement that gives individual employees obligations to enforce any issue against the union, and there is no proof the union is a state actor or was engaged in joint activity with the city. However, it is not yet clear whether a settlement agreement bars the officer's claims against the city.
Court: USDC Western District of New York, Judge: Wolford , Filed On: March 19, 2024, Case #: 6:23cv6147, NOS: Employment - Civil Rights, Categories: Employment, Labor / Unions
J. Geraci finds that some claims can proceed in a class action that alleges the healthcare facility failed to properly protect patient information and disclosed it to others on Facebook. It is plausible that the information transmitted when a patient scheduled an appointment could be used to identify an individual, that the company intentionally incorporated the web program into its servers, and that the company had a duty to protect the data.
Court: USDC Western District of New York, Judge: Geraci, Filed On: March 19, 2024, Case #: 6:23cv6027, NOS: Other Contract - Contract, Categories: Health Care, Privacy, Technology
J. Connolly dismisses a civil rights action challenging the eviction of a legally-blind man and his children from his rented home. The complaint fails to state plausible claims of discrimination by the judicial officers, who simply executed the orders of the court, and the governmental entities are immune from suit.
Court: USDC Delaware, Judge: Connolly, Filed On: March 19, 2024, Case #: 1:21cv415, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Immunity
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J. Molberg finds that the lower court properly entered a final judgment awarding attorney fees to the appellee in this dispute arising from a mineral lease. The appellant waived its complaint regarding the severance order, and it fails to show an abuse of discretion as to the attorney fees. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: March 19, 2024, Case #: 05-22-00292-CV, Categories: Attorney Fees, Contract
J. Halligan finds that the appellate division properly held that an attorney established entitlement to fees in a medical malpractice action as he calculated them. His client claimed legal malpractice and sought plenary action under judiciary law for alleged deceit on the court, which she was permitted to bring as opposed to solely seeking vacatur on appeal. However, she failed to raise triable issues on whether the attorney's calculations amounted to false statements. Affirmed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: March 19, 2024, Case #: 18, Categories: Legal Malpractice, Attorney Fees
J. Anello finds that the healthcare system improperly removed a privacy class action under the federal officer removal statute. The private healthcare system's "mere compliance with federal law, rules and regulations is insufficient to invoke federal officer removal." Its participation in a federal program that incentivizes and directs healthcare providers to promote access to medical records online is voluntary and the healthcare system does not argue that it acted as the government's agent when it embedded a tracking tool on its website.
Court: USDC Southern District of California, Judge: Anello, Filed On: March 19, 2024, Case #: 3:22cv2040, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy, Jurisdiction
J. Ohta grants final approval to a $1.8 million settlement in a class action alleging that consumers purchased Apple App Store and iTunes gift cards that were fraudulently drained of value by unknown third-parties and were denied a refund or replacement gift card. An objector challenges the release of non-party retailers who sole Apple gift cards subject to fraudulent redemption as overly broad, but the release of non-party retailers is common practice in cases such as this and the "restrictive nature of the class limits released claims only to those who purchased gift cards subject to pre-activation attempts."
Court: USDC Southern District of California, Judge: Ohta, Filed On: March 19, 2024, Case #: 3:20cv1629, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Settlements, Class Action
J. Tucher finds that the trial court properly issued a domestic violence restraining order on a husband after denying his request for continuance. He had more than the statutory five-day notice of the petition and his wife's supplemental declaration did not reset the clock to allow him to request a continuance. Affirmed.
Court: California Courts Of Appeal, Judge: Tucher, Filed On: March 19, 2024, Case #: A168081, Categories: Criminal Procedure, Domestic Violence
J. Royal partially rules in favor of the employee in an action under the Fair Labor Standards Act alleging that the employer and owner failed to properly pay him overtime. Although the employer classified him as an independent contractor for the first six months of his employment, the employee was a covered employee for the entirety of his employment. The employer and owner controlled the manner in which the employee performed his work, he signed a non-compete agreement, was not hired on a short-term basis and his work was integral to the employer's business. However, the employee's motion for summary judgment is partially denied because genuine issues of fact exist with respect to the issue of the number of hours he worked.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: March 19, 2024, Case #: 5:22cv162, NOS: Fair Labor Standards Act - Labor, Categories: Labor
J. Hyman finds that the lower court improperly denied defendant's request for pretrial release on charges of reckless homicide. The state fails to acknowledge the pretrial service's recommendation that defendant be released with monitoring, or defendant's cooperation with the investigation. The state has therefore failed to show that there is no condition with which it can mitigate the threat of releasing defendant before trial. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: March 19, 2024, Case #: 232245, Categories: Bail, Vehicular Homicide
J. Arnold finds a lower court properly dismissed a German discount supermarket's trademark claims against competitor Tesco groceries. The German discount supermarket argued that Tesco copied its trademark, which is a blue square with a yellow circle, which has a red ring around it. However. Tesco sufficiently showed in court that its mark does not confuse consumers because it is a blue square with a yellow circle absent of a red ring, which lists "Clubcard Prices," and not its actual logo.
Court: Her Majesty's Court of Appeal, Judge: Arnold, Filed On: March 19, 2024, Case #: CA-2023-1115, Categories: Trademark, Unfair Competition
J. Gilbert rules an insurance company has a duty to defend a trusses service company on behalf of an employee, who may have prematurely released the truss's crane, which resulted in its collapse. The truss company sufficiently showed in court that the insurer is obligated to provide coverage for attached machinery to the employee's truck, which is not considered an "auto."
Court: USDC Southern District of Illinois, Judge: Gilbert, Filed On: March 19, 2024, Case #: 3:21cv497, NOS: Insurance - Contract, Categories: Employment, Insurance, Contract
J. Cobbs finds that the lower court improperly found defendant guilty of possession of a stolen motor vehicle. The evidence presented at trial is "so unsatisfactory" that it creates reasonable doubt of defendant's guilty. Reversed.
Court: Illinois Appellate Court, Judge: Cobbs, Filed On: March 19, 2024, Case #: 221875, Categories: Evidence, Vehicle
J. Boie finds that the lower court improperly denied defendant's petition for pretrial release on child pornography charges. There is no provision permitting the court to sua sponte consider the denial of pretrial release absent the state's filing of a verified petition. Reversed.
Court: Illinois Appellate Court, Judge: Boie, Filed On: March 19, 2024, Case #: 240041, Categories: Bail, Child Pornography
J. Kiley finds a lower court improperly awarded a former caregiver worker unemployment benefits after the death of a client. The former client's care giver argued that she was entitled to benefits based on claims that she did not quit or was discharged. However, neither party had the opportunity in court to resolve whether or not she was an actual employee after the ALJ interrupted her in the proceedings. Vacated.
Court: Arizona Court Of Appeals Division One, Judge: Kiley, Filed On: March 19, 2024, Case #: 1 CA-UB 22-42, Categories: Employment, Evidence, Health Care
J. Stadtmueller enters a default judgment against the musical instrument retailer in the consumer's lawsuit alleging the retailer's website is unlawfully inaccessible to legally blind individuals such as herself, seeing as how the consumer has sufficiently alleged her claims under Title III of the Americans with Disabilities Act. Injunctive relief is granted to the consumer in that the retailer is ordered to have testing performed by people with visual disabilities to evaluate whether its website is compliant with applicable rules, and the consumer's motion for nominal damages is denied.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: March 19, 2024, Case #: 2:23cv1215, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Technology
J. Ledet finds that the trial court should not have found for a lessee's rule to evict an alleged occupant from a boathouse property. In this case, the boathouse is leased through a lease with the Lakefront Management Authority. There is no record of a lease to which the occupant is a party. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: March 19, 2024, Case #: 2023-CA-0644, Categories: Landlord Tenant, Property