119 results for 'filedAt:"2023-07-18"'.
J. Briones denies efforts by New Mexico water regulators to dismiss, for lack of jurisdiction, a lawsuit brought by El Paso water regulators seeking to determine responsibility for mitigation and clean-up following “record rainfall” in the region in August 2021, which ultimately caused sewage to be diverted into the Rio Grande following a pipe rupture. While New Mexico regulators now argue this court does not have jurisdiction, the New Mexico water authority “purposefully directed its activities towards Texas through its enforcement actions,” and those compliance actions — if upheld — “would require EP Water to perform activities in Texas.”
Court: USDC Western District of Texas , Judge: Briones, Filed On: July 18, 2023, Case #: 3:22cv460, NOS: Environmental Matters - Other Suits, Categories: Constitution, Water, Jurisdiction
J. Dein allows in part a technology company’s motion for sanctions against its former employee for destruction of evidence, in a case where the former employee wiped his work laptop before returning it to the company, but claims that everything wiped from the laptop was downloaded onto two SD cards he provided. There is no way to verify that the information on the SD cards came from his work laptop or that they contain everything that was wiped and he doesn’t have a strong rationale for why he wiped the computer, which is against the company’s policies. As a result, it's not possible to prove that what was wiped was evidence that he spoiled, but he also cannot use calendar data on the SD cards to support his claims against the company for unpaid earned commissions, and he is responsible for compensating the company for the money it spent on forensic examinations of his work laptop.
Court: USDC Massachusetts, Judge: Dein, Filed On: July 18, 2023, Case #: 1:20cv11770, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Evidence, Sanctions
J. Smith finds that the district court properly committed defendant, who suffers from schizophrenia, after he was convicted of being a felon in possession of a firearm. The underlying offense was non-violent, but defendant carried the gun for fear of being pursued by a drug cartel and had declared as recently as 2020 that he would execute federal agents after being released from prison. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: July 18, 2023, Case #: 22-2403, Categories: Firearms, Commitment
J. Palk denies the department's dismissal motion in this suit brought by a former budget analyst alleging racial discrimination and disability discrimination. The former employee, who worked in the Oklahoma Veterans Affairs Health Care System, sufficiently states a claim for racial discrimination based on "the removal of plaintiff from her job," along with certain alleged statements by her supervisor and an alleged failure to consider her for a position in public affairs.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: July 18, 2023, Case #: 5:22cv359, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment, Employment Discrimination
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J. Walker finds that the district court properly convicted defendant of gang-related racketeering conspiracy, murder in aid of racketeering, and using a firearm during a crime of violence. Defendant contends that intentional murder under New York law, the predicate offense for the firearm count, was not a crime of violence, but the crime requires use of force. Affirmed.
Court: 2nd Circuit, Judge: Walker, Filed On: July 18, 2023, Case #: 21-1486-cr, Categories: Firearms, Murder, Racketeering
J. Rubin grants the Maryland Transit Administration’s motion to dismiss allegations of ADA violations and retaliation brought by a former light rail supervisor of operations after the administration demoted her. The supervisor lost vision in her left eye, and a doctor determined she could no longer safely do her job. She alleges that the administration effectively forced her to retire as it would not accommodate her nor offer her another position. However, the administration retains sovereign immunity as to the ADA allegations. Additional FEPA claims will be remanded to the Baltimore circuit court.
Court: USDC Maryland, Judge: Rubin, Filed On: July 18, 2023, Case #: 1:22cv2493, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Retaliation
J. Burroughs grants a real estate company’s motion for a summary judgment, including a motion for a declaratory judgment stating its right to a property, a motion for it to possess the property at issue and payment for past use and occupancy. The real estate company bought the property at a foreclosure sale, but a corporation continues to possess the property. However, the corporation does not oppose the real estate company’s motion.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: July 18, 2023, Case #: 1:21cv10781, NOS: Foreclosure - Real Property, Categories: Property, Real Estate, Foreclosure
J. Smith finds the statement of innocence made by defendant at her plea hearing did not render her guilty plea involuntary. While she claimed to have no knowledge her husband intended to kill the victim when she helped him acquire a gun, the statement was made during sentencing, at which time her plea had already been accepted by the court, and also included admissions of guilt. However, because the trial court failed to provide the required notice to defendant about the process to rebut the presumption she would have to register as a violent offender under Ohio law, the case must be remanded to allow for the proper procedure. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: July 18, 2023, Case #: 2023-Ohio-2592, Categories: Murder, Sentencing, Plea
J. Welch finds the Court of Appeals improperly affirmed the trial court’s denial of defendant’s motion to withdraw her guilty plea to robbery charges arising from an attempted robbery, with an accomplice who brandished a toy gun, of a Popeye’s restaurant. The prosecution agreed to dismiss information charging defendant as a third-offense habitual offender in exchange for her plea. Defendant was only eligible to be charged as a second-offense habitual offender at the time of the plea offer, with the charging information double counting a prior conviction. Neither the prosecutor nor the trial court corrected this or informed defendant, rendering her plea involuntary and unknowing. The Court of Appeals’ opinion is reversed in part, vacated in part and remanded.
Court: Michigan Supreme Court, Judge: Welch, Filed On: July 18, 2023, Case #: 163700, Categories: Robbery, Plea, Due Process
[Consolidated.] J. Katsas upholds the dismissals of six individuals' actions seeking compensation from a fund for non-French nationals who were deported from France to concentration camps during the Holocaust. The Administrative Procedure Act does not provide them a cause of action, as the Department of State has discretion to administer the fund.
Court: DC Circuit, Judge: Katsas, Filed On: July 18, 2023, Case #: 22-5068 , Categories: Administrative Law, Agency
J. Copperhite grants Dick’s Sporting Goods’ motion for judgment on intentional infliction of emotional distress claims brought by a gun customer. The customer, who is an Asian American from India, claims that two white salespeople yelled racist remarks at her, such as, “Move your Black ass over!” and, “I don’t have to give your Arab ass anything!” They refused to serve her and canceled her permit application. The customer fails to present convincing evidence that the salespeople’s comments were “extreme and outrageous.” Also, the brief interaction does not constitute a special relationship such as that between a supervisor and employee, where there is much greater likelihood of exploitation and power imbalance.
Court: USDC Maryland, Judge: Copperhite, Filed On: July 18, 2023, Case #: 1:22cv1238, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Emotional Distress, Business Practices
J. Stevens finds that the lower court properly convicted defendant of murder and sentenced him to life in prison after admitting into evidence a photograph from the liquor store surveillance video bearing a police officer's handwritten notation that defendant acknowledged he was one of the men in the photo. Defendant has not demonstrated any obvious error from the admission of the photograph, or that it was prejudicial. Affirmed.
Court: Missouri Court Of Appeals, Judge: Stevens, Filed On: July 18, 2023, Case #: ED110950, Categories: Murder, Sentencing
J. Tunheim grants the insured's motion for partial summary judgment in an insurance coverage dispute regarding damage to concrete press pads in its subsidiary's printing facility. Earth movement caused in part by faulty workmanship or settling is covered by earth movement coverage extensions in the insurance policies at issue, which are ambiguous by way of unclear intent to create an anti-concurrent causation clause.
Court: USDC Minnesota, Judge: Tunheim, Filed On: July 18, 2023, Case #: 0:22cv1151, NOS: Insurance - Contract, Categories: Construction, Insurance
J. Burkhardt grants the funders' motion to quash Apple's subpoena in Taction Technology's action accusing Apple of patent infringement with certain models of its iPhones and Apple Watches. The requested documents were created by or for Taction Technology or for its representatives in anticipation of litigation, so they constitute work product. Neither the funders nor Taction Technology have waived work product protections over any documents appearing on the funders' privilege log.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: July 18, 2023, Case #: 3:21cv812, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Morgan grants summary judgment to the employer of a temporary laborer who claims he was injured while working in an offshore oil field removing marsh grass and other hurricane debris from oil and gas platforms. The laborer cannot recover for his injuries because he does not qualify for seaman status under maritime law and he has no claim for vessel negligence.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: July 18, 2023, Case #: 2:22cv2213, NOS: Marine - Contract, Categories: Employment, Maritime, Tort