177 results for 'filedAt:"2023-06-09"'.
J. Bucklo partially grants an Illinois city’s motion for summary judgment on employment discrimination claims brought by one of its Black former police officers. The former officer claims he was regularly passed over for promotion in lieu of his younger, white colleagues, and that he was retaliated against in numerous ways, then eventually fired, after he complained to the city’s HR Department that a white officer had compared him to a stereotypical Black character on a TV show. The court finds the former officer has not persuasively argued his discrimination claims, but allows his retaliation claims to proceed.
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: June 9, 2023, Case #: 1:21cv2939, NOS: Other Contract - Contract, Categories: Employment Discrimination, Employment Retaliation, Police Misconduct
J. Blackwell largely grants the employer's motion to dismiss the employee's suit alleging that his termination for refusing Covid-19 vaccination constituted religious and disability discrimination. A Title VII failure-to-accommodate claim relating to the denial of the employee's request for a religious exemption survives, since the employee's claims that he holds a sincere religious belief which conflicts with vaccination requirements, that he informed the employer of this belief and that he was terminated for his choice not to be vaccinated is uncontested, and the employer has not clearly established that accommodating the claimed belief would create an undue hardship. The employee has not, however, sufficiently pleaded his separate claims of direct religious discrimination, improper religious inquiries or disability discrimination.
Court: USDC Minnesota, Judge: Blackwell, Filed On: June 9, 2023, Case #: 0:22cv3039, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Docherty partially grants the copyright claimant's motion for leave to amend its complaint alleging that the licensee continued using licensed materials after the termination of its license. The motion is not untimely, and four of its proposed amended claims for copyright infringement, unauthorized distribution and contributory copyright infringement are not futile. Five other claims are futile, and the motion is denied as to those claims.
Court: USDC Minnesota, Judge: Docherty, Filed On: June 9, 2023, Case #: 0:22cv343, NOS: Copyrights - Property Rights, Categories: Copyright, Contract
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J. Campbell finds a lower court properly dismissed a hotel's motion for tax relief. The hotel argued that the Arizona Department of Revenue is obligated to refund mistakenly paid transaction privilege taxes on reimbursements for its rewards program. However, the department of revenue sufficiently showed in court that imposing transaction privilege tax on the revenues is not double taxation. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Campbell, Filed On: June 9, 2023, Case #: 1 CA-TX 22-3, Categories: Tax
J. McDonald finds that the city properly collected automated traffic citation fines not reduced to judgment in municipal infraction proceedings. The fines did not constitute illegal property taxes since the generation of revenue did not negate the city’s stated purpose of promoting safety. Affirmed in part.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: June 9, 2023, Case #: 21-1015, Categories: Municipal Law, Property, Tax
J. Lazarus finds that the lower court improperly denied decedent’s two step-grandchildren’s petition for a declaratory judgment in this will dispute against his nieces and nephew. The decedent left the step-grandchildren in his will following his divorce from their grandmother for the seven years while he was alive, indicating he wanted them to be in the will. Reversed.
Court: Pennsylvania Superior Court, Judge: Lazarus, Filed On: June 9, 2023, Case #: J-A01039-23, Categories: Civil Procedure, Wills / Probate
J. Fridy finds that the lower court properly determined that the child remained dependent and vested custody in the paternal grandmother. The department's petition properly invoked the jurisdiction of the juvenile court, and there was no error in transferring custody to the grandmother. The mother's appeal is dismissed as to the shelter-care order. Affirmed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: June 9, 2023, Case #: CL-2022-1192, Categories: Family Law, Jurisdiction
J. Coulson recommends the court to deny an IT firm’s motion to dismiss allegations of ADA violations and retaliation by a former employee. The firm argues that because it warned the employee three times to respond to discovery requests and there has not been an answer that allegations should automatically be dismissed. However, this is untrue, especially when the opposing party is pro se, as he is in this case.
Court: USDC Maryland, Judge: Coulson, Filed On: June 9, 2023, Case #: 1:22cv1477, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Discovery
Per curiam, the appellate division finds that the trial court properly convicted defendant of weapons charges after he was found with a handgun in his waistband. Defendant failed to preserve certain arguments, and police had reasonable suspicion to stop and frisk defendant since he had been implicated in a burglary in the area. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: KA 20-01654, Categories: Search, Weapons
[Consolidated.] J. Rodriguez finds that the trial court erred in holding that the environmental impact report for a vegetation removal plan for the UC Berkeley campus failed to meet the requirements of the Environmental Quality Act. The descriptions for a fuel break and fire hazard reduction project had sufficient detail under the Act. They contained the project's precise location and boundaries, a general description of the project objectives and a general description of the project's technical, economic and environmental characteristics. Also, a tree-by-tree inventory of the nearly 100-acre project area would be difficult, expensive and unnecessary. Reversed.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: June 9, 2023, Case #: A165012, Categories: Environment
J. Raggi finds that defendant was improperly convicted of participating in armed robberies at two stores selling wireless products and services. Remand is necessary to determine whether the challenged evidence was admissible because admitted misstatements in affidavits were material to probable cause determinations made by the issuing magistrate judges. Meanwhile, jury instructions on brandishing a weapon that equated a gun to a firearm were incorrect and were not harmless as a matter of law.
Court: 2nd Circuit, Judge: Raggi, Filed On: June 9, 2023, Case #: 21-2598, Categories: Firearms, Robbery, Perjury
J. Bunn reveres Raleigh County man’s 2021 conviction for four felony charges stemming from a fatality that occurred during a bogus drug transaction. The lower court committed reversible error in its refusal to accept his stipulation at trial to his 2017 conviction for voluntary manslaughter which ultimately prejudiced him with the jury by permitting the state to admit evidence detailing his prior, similar offense.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: June 9, 2023, Case #: 21-0738, Categories: Firearms, Murder, Manslaughter
Per curiam, the appellate division finds that the trial court improperly ruled for the village homeowners' association in claims seeking to determine use of a marina elevator because the association was a non-party to the 1990 stipulation on use and thus lacked standing to enforce it. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: CA 21-01512, Categories: Property, Contract
J. Chuang denies an IT firm and two of its employees’ motion to dismiss and compel arbitration on breach of contract, solicitation and trade secrets claims brought by a similar firm. One of the employees was ex-husband to the majority owner of the second firm and cousin to the majority owner of the first, and failed to return equipment or access to company emails when the first firm poached him. The first firm argues that according to an NOAA contract which hired both firms, arbitration must be implemented. However, the claims the second firm makes are not subject to the NOAA agreement nor its enforcement of arbitration.
Court: USDC Maryland, Judge: Chuang, Filed On: June 9, 2023, Case #: 8:22cv1587, NOS: Other Contract - Contract, Categories: Arbitration, Trade Secrets, Contract
J. Stargel finds that the trial court improperly denied an insurer's motion to compel appraisal in a dispute with an auto glass company involving payment for an insured's windshield repairs. It is unreasonable to interpret the "amount of loss" as being limited to the extent of physical damage. Reversed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: June 9, 2023, Case #: 6D23-1192, Categories: Insurance, Contract
J. Reiber finds that the trial court properly denied a motion to dismiss child sexual abuse claims against an organization that operated a retreat and its employee. The retroactivity provision eliminating the limitations period that previously barred such claims is not unconstitutional, and the accused parties lack a "vested property interest in the expired limitations period." Affirmed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: June 9, 2023, Case #: 22-AP-200, Categories: Civil Procedure, Constitution, Due Process
Per curiam, the appellate division finds that the trial court properly dismissed a petition seeking to reverse the decision to condemn property because condemnation will serve the public by revitalizing a former industrial property, and nothing indicates the town failed to comply with state environmental rules.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: OP 22-01460, Categories: Property
J. Riley finds that the trial court properly ruled in product liability claims brought after a power bank charging device caused a fire because evidence presented by the insurer did not demonstrate defendant was the domestic distributor of the charging device. Affirmed.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: June 9, 2023, Case #: 22A-CT-2699, Categories: Evidence, Product Liability
Per curiam, the appellate division finds that the trial court improperly sentenced defendant for kidnapping and robbery after he robbed a food delivery worker and absconded with the worker in the trunk of the car. Defendant's identity as the perpetrator was established by DNA evidence, cell phone data, and the victim's in-court identification of defendant. However, the sentences should run concurrently since consecutive sentences would be unduly harsh. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: KA 17-00980, Categories: Robbery, Sentencing, Kidnapping
J. Baker partially grants the gun seller's motion for partial summary judgment in a fraud and breach of contract action against the manufacturer arising after a deal to design and build a new gun for the seller fell through. The seller's motion for sanctions based on the manufacturer's concealment of evidence related to its knowledge of its inability to design and manufacture units is also partially granted. There is evidence showing the manufacturer misrepresented that it had not received prior complaints about its parts. The manufacturer is therefore barred from introducing additional evidence about the complaints or a related lawsuit and must pay costs incurred by the seller in preparing the sanctions motion.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: June 9, 2023, Case #: 4:21cv334, NOS: Other Contract - Contract, Categories: Fraud, Sanctions, Contract
J. Papik finds the Nebraska Court of Appeals improperly determined that defendant, who pled guilty to two counts of firearm possession by a prohibited person, was entitled to relief for ineffective assistance of counsel on the grounds that his counsel did not consult with him as to whether or not he wanted to appeal. Defendant did not allege in his postconviction motion that counsel failed to consult, but that appeal was requested and not filed. The Court of Appeals erred by finding that defendant was entitled to relief on the failure to consult theory. Reversed and remanded with directions.
Court: Nebraska Supreme Court, Judge: Papik, Filed On: June 9, 2023, Case #: S-21-812, Categories: Firearms, Ineffective Assistance, Plea