135 results for 'filedAt:"2023-07-05"'.
J. Tostrud grants summary judgment to the college, dismissing the former student's complaint and partially granting the college's motion to exclude expert testimony. Were the case tried, the student's psychological expert's testimony regarding the student's mental health would be admissible, but another psychologist's opinions regarding administrators' handling of the Title IX complaint process would not, nor would the first psychologist's opinions that the college was "grossly insensitive" to the student's bipolar disorder and autism throughout the process and related conclusions. In light of these exclusions, there remains no trial-worthy evidentiary support for the student's sex and disability discrimination claims.
Court: USDC Minnesota, Judge: Tostrud, Filed On: July 5, 2023, Case #: 0:21cv1576, NOS: Education - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Education
J. Holloway finds that the lower court improperly denied defendant’s petition for post-conviction relief on counts one through four of his five theft convictions. Property that had been reported stolen was found in defendant's tattoo parlor. Defendant presented sufficient evidence that trial counsel failed to object to a detective's hearsay testimony as to ownership of the property found in counts one through four. The victim in count five testified to his ownership of a stolen laptop, so that conviction stands. Vacated in part.
Court: Tennessee Court of Criminal Appeals, Judge: Holloway, Filed On: July 5, 2023, Case #: M2022-01736-CCA-R3-PC, Categories: Evidence, Ineffective Assistance, Theft
J. Campbell finds the lower court properly convicted defendant of rape, two counts of incest and two counts of statutory rape by an an authority figure for acts committed against his daughter over several years. The instant court finds no error or abuse of discretion by the lower court, and evidence is sufficient to support defendant’s convictions and effective 90-year sentence to be served in the Tennessee Department of Corrections. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Campbell, Filed On: July 5, 2023, Case #: W2022-00680-CCA-R3-CD, Categories: Evidence, Sex Offender
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J. Simon finds in favor of the semiconductor supplier for the shareholders' negligence-based claims alleging that the supplier did not properly inform the shareholders about the export-controlled status of integrated circuits, particularly two models that Canadian border authorities seized in December 2008 due to lack of a proper exporting license. The shareholders did not raise a genuine issue of material fact on whether the semiconductor supplier owed them a duty under the United States' Export Administration Regulations to protect them from the alleged harm, as the shareholders previously and repeatedly stated that the EAR does not apply to them, so they cannot use it in their argument now to avoid summary judgment.
Court: USDC Oregon, Judge: Simon, Filed On: July 5, 2023, Case #: 3:19cv86, NOS: Other Statutory Actions - Other Suits, Categories: Trademark, Consumer Law
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment to the Department of Rehabilitation Services in this suit brought by the Black district director/counsellor alleging racial discrimination. When the director of workforce programs was promoted, he recommended a white woman to be appointed to his former position. The department did not otherwise solicit for a candidate. The Black district director failed to create a genuine issue of material fact as to pretext for her not being considered. There is no meaningful difference found between the two employee's qualifications and no evidence suggests that any decisions were racially motivated. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 5, 2023, Case #: 22-60409, Categories: Civil Rights, Employment Discrimination
J. Colvin finds that the trial court properly convicted defendant of murder. Any error committed by the trial court in refusing to allow defendant to cross-examine the state's expert ballistic witness about the victim's arrest for criminal trespass the day before the shooting was harmless. The trial court's decision probably did not contribute to the verdict in light of the strong evidence against defendant's self-defense claim. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: July 5, 2023, Case #: S23A0637, Categories: Ineffective Assistance, Murder
J. Lasnik dismisses the cosmetics company's claim that the former salesperson allegedly shared a screenshot of a private company-related conversation with another affiliate, and that her alleged actions led to 5,500 employees quitting. There is no evidence that the former salesperson disclosed or otherwise used the cosmetics company's trade secrets. Even if she did, there is no evidence that her alleged actions led to the mass employee exit, as some left due to their friends being fired, some because the cosmetics company unilaterally changed its affiliate compensation plan, and others left before the former salesperson's alleged breach.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: July 5, 2023, Case #: 2:21cv145, NOS: Other Contract - Contract, Categories: Evidence, Trade Secrets, Contract
J. Gray finds that the lower court properly found in favor of a trapper after a family sued him when his snares caught and killed the family's dogs. Under legal precedent, emotional distress claims stemming from loss of dogs are not compensable because dogs are property. The court cannot suddenly adopt a ruling allowing for emotional damages from the loss of a pet, as that rule would be best left to the legislature. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: July 5, 2023, Case #: S-22-0223, Categories: Emotional Distress
J. Rodriguez finds a lower court ruled correctly in finding a cargo company was delinquent on its taxes and subsequently seizing an aircraft to pay for this bill. It has been established that the company had not fully paid taxes, and the cargo company's claims “all implicate the city’s governmental immunity.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: July 5, 2023, Case #: 08-21-00208-CV, Categories: Government, Tax, Conversion
Per curiam, the circuit finds that the lower court improperly convicted two defendants with murder during a trial where five individuals were convicted of committing a murder while they were members of a New Mexico gang that operates out of state prisons. While three of the five individuals were properly convicted, the other two were convicted without prosecutors meeting their "beyond a reasonable doubt" standard, and there was simply not enough evidence before the record for the convictions to stick. Reversed in part.
Court: 10th Circuit, Judge: Per curiam, Filed On: July 5, 2023, Case #: 19-2148, Categories: Murder
J. Silver enters an amended opinion affirming in part and vacating in part a district court summary judgment in favor of a class which challenged City of Grants Pass ordinances which preclude the homeless from using a blanket, pillow, or cardboard box for protection from the elements while sleeping within city limits. The lower court's class certification is affirmed and there is "abundant evidence in the record establishing that homeless persons were injured by the City’s enforcement actions." However, summary judgment is vacated as to that ordinance and remanded to allow the district court the opportunity to substitute a class representative following the death of class representative, Debra Blake. Affirmed in part.
Court: 9th Circuit, Judge: Silver, Filed On: July 5, 2023, Case #: 20-35752, Categories: Civil Rights, Municipal Law
J. Xinis partially grants the EEOC's motion for default judgment in a sexual harassment and retaliation suit against a business consulting firm. A supervisor for the firm suggested that a USDA FOIA processor have sex with him and that he could "work around" his wife and the processor's boyfriend to do so. After the processor made it clear that the supervisor's behavior was unwelcome, he stopped his advances, but fired her three months later against the USDA's wishes and despite her excellent job performance, making retaliation here a legitimate claim.
Court: USDC Maryland, Judge: Xinis, Filed On: July 5, 2023, Case #: 8:21cv2496, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Dato finds that summary judgment for an employer accused of antitrust violations by one of its sales executives was proper. The sales executive lacks standing under the Cartwright Act to claim that he suffered an antitrust injury from a policy barring him from soliciting customers from the employer’s potential merger partner. He failed to show that his lost sales or firing were the result his employer’s competition-reducing agreement with the potential merger partner. Instead, he lost sales because he could not use a sales pitch that attempted to profit from the alleged reduction in competition that would result from the merger. Affirmed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: July 5, 2023, Case #: D080391, Categories: Antitrust, Employment
J. Wilson finds that the district court properly ruled in favor of Ford in a wrongful death and product liability action brought by the estate administrator alleging that a faulty seatbelt design in a 2003 Ford Mustang caused the decedent's fatal head injury. The district court did not abuse its discretion in excluding testimony from an individual who said she had similar seatbelt issues with her Mustang or in excluding evidence of more than 50,000 warranty claims related to seatbelt issues in Mustangs. The testimony was not substantially similar enough to the administrator's defect theory to warrant admission. Affirmed.
Court: 11th Circuit, Judge: Wilson, Filed On: July 5, 2023, Case #: 22-10348, Categories: Product Liability, Wrongful Death
J. Hicks dismisses a demolition subcontractor's fraud counterclaim regarding a general contractor's breach of contract allegations for delayed progress. The subcontractor failed to plead sufficient facts to establish required elements of a fraud by silence or omission claim. The subcontract did not create any fiduciary duty in what "was a customary arm’s length business transaction." The subcontract specifically stated that the information provided was not guaranteed to be accurate, therefore the subcontractor's fraud by silence or omission claim, alleging that the general contractor should have known the actual conditions of "lead contaminated non-friable asbestos material," fails.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: July 5, 2023, Case #: 5:20cv471, NOS: Other Contract - Contract, Categories: Construction, Fraud, Contract
J. King finds the lower court properly awarded judgment to the university on a 79-year-old art professor's age-based discrimination claim. The professor failed to show that age discrimination motivated her termination, rather than her unwillingness to develop a digital art skillset and improve her technology skills to meet the demand for graphic design and animation courses. Affirmed.
Court: 4th Circuit, Judge: King , Filed On: July 5, 2023, Case #: 21-2390, Categories: Employment Discrimination
J. Zmuda finds the lower court properly terminated the mother's parental rights and granted permanent custody of her children to family services. She failed to remedy the alcohol abuse and domestic violence issues that led to their initial removal. Although she attended domestic violence counseling services, she continued to have contact with a violent individual and also tested positive for alcohol and THC at several times throughout her case plan, all of which prevented her from providing a safe home for the children. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: July 5, 2023, Case #: 2023-Ohio-2310, Categories: Evidence, Family Law
J. Haight grants the shipping company's motion to dismiss, ruling that because the negligence claim brought by the owner of the meal boxes damaged during transit is based on the same conduct that makes up its Carmack Amendment claim, it is preempted and must be dismissed.
Court: USDC Connecticut, Judge: Haight, Filed On: July 5, 2023, Case #: 3:22cv383, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Preemption, Negligence, Contract