86 results for 'filedAt:"2024-04-08"'.
J. Wilkin finds the trial court erroneously granted the employer's motion for summary judgment on the contract claim filed by the superintendent. Language in his contract requires he be paid accrued sick leave at the time of his retirement. However, there is limiting language in the contract that caps the payout at 30 days, and so the case will be remanded to allow the court to determine the proper amount of compensation. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: April 8, 2024, Case #: 2024-Ohio-1434, Categories: Employment, Contract
J. Hart finds that the appeals court erroneously reinstated negligence claims filed by the cyclist because her failure to file the lawsuit within two years of her 18th birthday rendered the suit against the motorist who struck her untimely. Although the statute of limitations for a motor vehicle tort may be extended when the victim is under the age of 18, the three-year limit is not tolled in such cases and, therefore, the cyclist was required to bring her claims within three years of the accident or two years after she turned 18, neither of which she did. Reversed.
Court: Colorado Supreme Court, Judge: Hart, Filed On: April 8, 2024, Case #: 2024CO19, Categories: Civil Procedure, Negligence
J. Gilliam dismisses false advertising claims against Dole from consumers who say the company misrepresents their line of fruit and drink products as being healthy and nutritious, when in fact many of the products derive most of their calories from sugar. The consumers challenge phrases on the packaging such as, "We promise to provide everyone, everywhere with good nutrition," but these phrases are surrounded by analogies and playful drawings. They are "vague and aspirational" statements that are common in exaggerated advertising, leaving no room for claims based on them to survive.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: April 8, 2024, Case #: 4:23cv3320, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action, False Advertising
J. Horan finds that a health care management company’s failure to produce court ordered documents in an underlying trademark case brought by a group of hospital emergency rooms is not excusable just because the company says it faced technical difficulties retrieving the documents. The limited number of documents that the company failed to produce are of specific and central importance to the case suggesting an attempt to evade the court’s order to produce. The court grants sanction measures requested by the emergency rooms.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: April 8, 2024, Case #: 3:23cv891, NOS: Trademark - Property Rights, Categories: Sanctions, Trademark, Attorney Fees
J. Stras finds a lower court properly ruled in favor of the National Labor Relations Board on bad faith claims against a meat processor. The meat processor argued that it properly negotiated with the union. However, the board sufficiently showed in court that the meat processor attempted to strong arm workers to support a collective bargaining agreement that may have been unreasonable. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: April 8, 2024, Case #: 23-1895, Categories: Employment, Labor / Unions
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J. Melgren rules a precious metal buyer and class leader may pursue securities fraud claims against a precious metal dealer. The precious metal buyer sufficiently showed in court that the dealer convinced him to create an IRA account as part of a "low-risk method for growing wealth" for a Silver Lease Program, without disclosing that it was administered by a third party who pocketed his investment.
Court: USDC Kansas, Judge: Melgren, Filed On: April 8, 2024, Case #: 6:23cv1064, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Contract
J. Jackson grants the landlord defendants' motion for partial summary judgment and dismisses the tenants' claims for failure to accommodate under the Fair Housing Act and the Oklahoma Fair Housing Law. The court concludes that the "requested accommodation was neither necessary nor reasonable." The tenants were allegedly denied a one-year lease renewal, but the standard lease was only for six months. Also, the evidence shows that they moved out of the apartment 32 days "before their required move-out date."
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: April 8, 2024, Case #: 6:23cv115, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Landlord Tenant, Housing
J. Conley partially grants motions in limine from the police officer and the citizen in the latter's lawsuit claiming he was stopped and had his car searched without reasonable suspicion, was subjected to excessive force during his arrest and that false pretexts were used to secure a warrant to search his hotel room. The citizen's motion to bar the officer from introducing evidence of his five previous felony and misdemeanor convictions is partially granted, and the officer's lawyer is only allowed to ask him if he has been "convicted of five crimes punishable by imprisonment for more than one year," unless the citizen's answer opens the door to further inquiry. In part, the officer's motions are partially granted in that he can only inquire about the citizen's brother's past convictions in a similar way and the citizen is barred from making a "golden rule" argument asking the jurors to put themselves in his shoes.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: April 8, 2024, Case #: 3:21cv65, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Police Misconduct
J. Bloom refuses to dismiss a disability discrimination claim filed by a former employee against her technical school, which allegedly gave her incorrect benefits information, and denied a request to rescind her retirement. It is undisputed that the former employee was disabled but possessed the necessary skills to perform her job with some accommodations.
Court: USDC Middle District of Pennsylvania, Judge: Bloom, Filed On: April 8, 2024, Case #: 1:23cv2039, NOS: Civil Rights - Habeas Corpus, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Ellison finds that a case brought by a distributor of telecommunications products in which a manufacturer terminated an exclusive contract and directed the distributor’s customers to buy directly from the manufacturer can proceed to review an amended complaint from the distributor. The court awaits relevant information to be presented in the amended complaint that will determine if the distributor’s client list constitutes trade secrets.
Court: USDC Northern District of Texas , Judge: Ellison, Filed On: April 8, 2024, Case #: 4:22cv48, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
J. Slomsky denies a spa’s motion for summary judgment on a licensed massage therapist’s claim that she was fired in retaliation for requesting a cart she could lean on during massages as an accommodation for her injured ankle — and not, as the spa claimed, for getting into a verbal altercation with another spa employee, who she was romantically linked to and who brandished a firearm and threatened her life at work. The therapist has presented a genuine issue of material fact as to whether the spa’s reason for terminating her was pretextual.
Court: USDC Eastern District of Pennsylvania, Judge: Slomsky, Filed On: April 8, 2024, Case #: 2:22cv3212, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Burroughs denies a Haitian politician’s motion for judgment as a matter of law, or a new trial, because he was required to pay more than $15 million in damages to the family members of and supporters of a man who he killed, some of whom he also tortured and attempted to kill. The expert testimony presented to the jury did not result in a miscarriage of justice.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: April 8, 2024, Case #: 1:17cv10477, NOS: Other Statutory Actions - Other Suits, Categories: Government, International Law, Assault
J. Kauger, on certiorari, finds the court of appeals improperly affirmed the trial court's award of attorney fees. The homeowner had $51,000 in attorney fees awarded against him from his loss of a contract dispute over roofing work required by his bank. The order awarding attorney fees did not specifically set forth the facts and computation to support the award. Vacated.
Court: Oklahoma Supreme Court, Judge: Kauger, Filed On: April 8, 2024, Case #: 119432, Categories: Construction, Property, Attorney Fees
J. Hull finds the trial court properly sustained Governor Newsom's demurrer to defendant's petition seeking to compel the processing of his applications for clemency or commutation. Defendant does not have a due process right that would require that the applications are processed in a particular time frame. Affirmed.
Court: California Courts Of Appeal, Judge: Hull, Filed On: April 8, 2024, Case #: C096274, Categories: Sex Offender, Due Process
J. Byrne finds the state presented sufficient evidence to disprove defendant's theory of self-defense and convict him of assault and attempted murder, including testimony from various witnesses who heard him say he would "shoot it out" with police to avoid going back to prison, as well as the 28-mile car chase that ensued before defendant barricaded himself inside his vehicle and shot police officers and their canine unit. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: April 8, 2024, Case #: 2024-Ohio-1315, Categories: Evidence, Assault, Self Defense
J. Lioi grants, in part, State Farm's motion for judgment on the pleadings, ruling any cause of action limited by the one-year filing limitation in the homeowners' insurance policy must be dismissed for the homeowners' failure to file suit within one year of the storm that caused water intrusion and property damage, as State Farm did not waive the limitation.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: April 8, 2024, Case #: 5:23cv1124, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance, Contract
J. Boatright finds the trial court erroneously granted defendant's motion to suppress during his first-degree murder case. His questioning by police shortly before his arrest occurred on a public roadway and did not involve commands or restraint; therefore, defendant was not in police custody at the time and the officers were not required to read him his Miranda rights beforehand. Reversed.
Court: Colorado Supreme Court, Judge: Boatright, Filed On: April 8, 2024, Case #: 2024CO18, Categories: Miranda, Murder
J. Bencivengo partially denies Platform Science's motion for summary judgment concerning some patent infringement claims for a telematics system fleet monitor brought by Omnitracs. One of the patents at issue provides an automation solution that is "an improvement to the human operation minimizing human-error," which is a patentable technical improvement. However, another patent "only entails practicing a longstanding function, and the specification references using generic computer components and technology to do so," so it is ineligible.
Court: USDC Southern District of California, Judge: Bencivengo, Filed On: April 8, 2024, Case #: 3:20cv958, NOS: Patent - Property Rights, Categories: Patent
J. Mathias finds that the lower court properly convicted defendant of Level 4 felony unlawful possession of a firearm by a serious violent felon. The state presented sufficient evidence to prove that defendant had possessed a handgun stolen from his father, found at the scene where defendant fled from officers. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: April 8, 2024, Case #: 23A-CR-1399, Categories: Evidence
J. Kenworthy finds that the lower court properly convicted defendant of two counts of Level 6 felony neglect of a dependent. Defendant “rode her bicycle near a busy intersection as her two-month-old infants lay unrestrained, visibly sunburnt, and mostly unclothed,” in a milk crate she had attached to the bike with bungee cords. Affirmed.
Court: Indiana Court Of Appeals, Judge: Kenworthy, Filed On: April 8, 2024, Case #: 23A-CR-1583, Categories: Negligence
J. Seibel denies a hotel’s motion to stay the court’s remand order in this matter of alleged violations of municipal code and zoning law. A town sued a hotel for violating construction and zoning laws arising out of a plan to use the hotel to house asylum seekers for a period of four months. The town filed a motion for the matter to be remanded to state court, which was granted, but the hotel argues the matter is under federal jurisdiction as it is a civil rights matter. The instant court finds the hotel has not presented sufficient evidence to support granting a stay.
Court: USDC Southern District of New York, Judge: Seibel, Filed On: April 8, 2024, Case #: 23cv4212, NOS: General - Habeas Corpus, Categories: Civil Rights, Municipal Law, Zoning
J. Seibel grants a hospital’s motion to dismiss a former employee's claims that her allergic reaction to the flu vaccine is a disability under the Americans with Disabilities Act (ADA) and prevents her from receiving the COVID-19 vaccination required by the hospital. Her claim that the hospital failed to accommodate is unsubstantiated, as she requested a vaccination exemption, which the hospital was willing to consider, but the employee failed to provide the necessary documentation. Additionally, she was not the subject of an adverse employment action, as she voluntarily resigned to care for her family. The instant court finds the former employee failed to substantially support her claims.
Court: USDC Southern District of New York, Judge: Seibel, Filed On: April 8, 2024, Case #: 23cv6152, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
[Modified.] J. Franson modifies the wording of a previously published opinion and denies a rehearing with no change in judgment. The trial court properly denied defendant's claim that he is entitled to sentencing relief based on his misunderstanding of potential immigration consequences of his conviction for assault with a firearm. The evidence supports his claim that he did not understand the potential immigration consequences when convicted, but he is ineligible for relief because no evidence shows he lacked an understanding years later when he was convicted for a DUI or when probation revocation proceedings were held. However, he may pursue a new motion based on arguments that his initial failure to understand potential immigration consequences was prejudicial. Vacated in part.
Court: California Courts Of Appeal, Judge: Franson, Filed On: April 8, 2024, Case #: F084751, Categories: Criminal Procedure, Immigration, Assault