177 results for 'filedAt:"2023-07-27"'.
J. Ezra grants motions to dismiss by USDA and the Texas Parks & Wildlife Department after both agencies were sued by a deer breeder who alleged he was deprived of his property without due process after Texas and federal officials killed deer he was breeding following signs in the deer of Chronic Wasting Disease, a dangerous prion disease similar to hoof-and-mouth. There are a number of fatal flaws with the breeder’s current suit, including the fact that he has not exhausted administrative remedies and the fact that “in Texas, all wild animals, including deer, belong to the state.”
Court: USDC Western District of Texas , Judge: Ezra, Filed On: July 27, 2023, Case #: 1:22cv479, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Agriculture, Conversion
J. Horton finds the trial court properly granted the mother exclusive right to designate the 4-year-old son's primary residence as Seattle, WA. Though the mother moved to Beaumont, TX, to be closer to the father at first, and the father agreed to help her move to Seattle "if things didn't work out," the father did not fully involve himself in his son's life nor did he help the mother move. All evidence supports the court's order, including that the father will still be able to maintain a relationship with his son. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: July 27, 2023, Case #: 09-21-00219-CV, Categories: Family Law
Per curiam, the circuit finds the district court properly dismissed claims brought by the family of the deceased photographer who committed suicide after his arrest for taking part in a scheme to photograph the incumbent senator's late wife in the privacy of her nursing home room. The family members assert various tort claims against state and private actors involved in his arrest and prosecution, though they have not provided authority showing where a court denied qualified immunity based on a difference of opinion about criminal intent. The family members could also not prove the required elements of their claim of retaliatory arrest. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 27, 2023, Case #: 21-60733, Categories: Tort, Wrongful Death
J. Bacon finds a lower court erred when it found that in-court identifications were “impermissibly suggestive” and unconstitutional at a hearing following child defendant’s conviction for murder and other crimes. While an appeals court found these in-court identifications were unacceptably unreliable, there could not have been a due process violation because the testifying witnesses did not identify defendant as the murderer or even claim to have seen the murder, but merely testified about defendant’s demeanor on the night of the crime. Such testimony did not contradict the defense’s theory of the case — namely, that the murder resulted from a drug deal gone bad. Reversed.
Court: New Mexico Supreme Court, Judge: Bacon, Filed On: July 27, 2023, Case #: S-1-SC-39343, Categories: Constitution, Murder, Identification
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J. Kendall partially grants the EEOC's motion for summary judgment on an industrial packaging company's affirmative defense in this ADA violation suit, and denies the packaging company's motion for summary judgment on all the EEOC's claims. The EEOC claims the packaging company failed to accommodate a disabled employee, and then fired him over it. The EEOC met its pre-suit obligation to attempt conciliation with the company.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: July 27, 2023, Case #: 1:21cv5552, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Hunt partially grants a group of Doe stock market traders' motions to dismiss securities fraud claims brought by a stock broker firm. The firm claims the Doe traders made and cancelled trades in rapid succession amid a market dip in 2015, creating a false market midpoint for S&P 500 index options and allowing the Does to sell the put options at artificially inflated prices. The stock firm has plausibly alleged its manipulation, scienter and loss causation claims, but not its Illinois Securities Laws of 1953 violation claim.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: July 27, 2023, Case #: 1:20cv4947, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Securities, Trade
J. Kindred grants in part an insured's motion for partial summary judgment as to the content and terms of a life insurance policy. The insured asserts that the insurer issued a different version of the policy than what they now assert is the operative version. The insurer alleges the operative version of the policy contains additional documents including a signed amendment and two merger endorsements. A genuine dispute of material fact exists as to whether the operative version of the policy includes the additional documents.
Court: USDC Alaska, Judge: Kindred, Filed On: July 27, 2023, Case #: 3:22cv10, NOS: Insurance - Contract, Categories: Insurance
J. Glickman finds the superior court improperly dismissed a man’s negligence action against a company that allegedly sent him on a federally funded trip to Iran for a conference without the proper security or training, following which he was seized, thrown in an Iranian prison and tortured for four years. The company is not entitled to derivative sovereign immunity and there is a question of fact whether the State Department authorized and directed the company in connection with the trip. Vacated.
Court: DC Court of Appeals, Judge: Glickman, Filed On: July 27, 2023, Case #: 21-CV-0690 , Categories: Immunity, Negligence
J. Kelly finds a lower court properly convicted a defendant for conspiracy to distribute and possession with intent to distribute meth. The defendant argued that the lower court erred in denying his motion to suppress evidence concerning his participation in suspicious mail transactions based on a warrant that lacked relevant information. However, the although the warrant lacked certain information for probable cause, the government provided sufficient evidence in court that authorities located 31 grams of meth and cash in his residence, which was sufficient to show his intent to sell drugs. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: July 27, 2023, Case #: 22-1332, Categories: Drug Offender, Evidence, Conspiracy
J. Smith finds a lower court properly denied two citizens of Mongolia's motion to remain the the U.S. The Mongolian citizens, who are married, argued that they are entitled to reside in the U.S. after they obtained a non- immigrant exchange visitor authorization. However, the government sufficiently showed in court that the visitor authorization expired prior to their motion for asylum. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: July 27, 2023, Case #: 22-2379, Categories: Immigration
J. Loken finds a lower court properly dismissed two parents' disability discrimination claims on behalf of a child against a school district. The parents argued that the school district was responsible for seizures the child experienced after failing to prevent her from suffering head injuries six times. However, the school district presented sufficient evidence in court that it provided the child with adequate educational services and timely addressed her parents' concerns. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: July 27, 2023, Case #: 22-2669, Categories: Ada / Rehabilitation Act, Education, Negligence
J. McClendon finds that the trial court properly ruled in favor of the landowner and its insurer on an individual's injury claims over an incident where he was allegedly "clothes-lined" by a wire he crashed into while riding a four-wheeler. The individual did not show the landowner had "actual or constructive notice of the sagging wire" before the incident. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: July 27, 2023, Case #: 2022CA1310, Categories: Property, Tort
J. Huntsman denies the insurance company's motion to quash portions of a document subpoena in this lawsuit concerning the insurance claim on an automobile accident. The insurance company conceded that the requested materials are relevant in its prior argument to the court seeking documents from another non-retained expert. Also, the company lacks standing to object to the burden of the request, which seeks certain financial records from the analyst.
Court: USDC Northern District of Oklahoma , Judge: Huntsman, Filed On: July 27, 2023, Case #: 4:22cv369, NOS: Insurance - Contract, Categories: Insurance, Experts, Discovery
J. Boulee adopts the magistrate judge's recommendation and grants the employer's motion to dismiss a civil rights and retaliation action brought by the employee alleging violations of the Family Medical Leave Act. The employee failed to name the sheriff in the charge of discrimination filed with the Equal Employment Opportunity Commission. The employee failed to show that the exception to the naming requirement applies. He also failed to specify what statutorily protected activity he engaged in. The magistrate judge correctly found that three internal grievances filed by the employee did not constitute protected activity because the employee failed to allege that he was discriminated against on the basis of his gender.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: July 27, 2023, Case #: 1:22cv2413, NOS: Employment - Civil Rights, Categories: Equal Protection, Employment Retaliation
J. Skretny finds for the city in claims contending action had not been taken after a senior services aide filed a report upon finding a box containing her initials and a racial slur upon it, and after a male client committed sexual assault. She also contends she had been denied opportunities to receive overtime and that pay statements had been delayed. The aide did not establish the existence of a hostile work environment since she reported only a single racial incident, and the client had been barred from the senior center following the assault.
Court: USDC Western District of New York, Judge: Skretny , Filed On: July 27, 2023, Case #: 1:19cv1536, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Albright disagrees with the lower court's decision to deny an incarcerated man his motion to reduce his sentence based on the Juvenile Restoration Act as the court erroneously concluded that it lacked authority to do otherwise. The man was convicted of first degree murder at the age of 17 in 1988 and sentenced to life plus two consecutive 20-year sentences for other charges. The lower court argues that because the man's sentence is parole eligible, a reduction should be decided by the parole board. However, according to a state statute, parole eligibility does not prevent the court from granting a reduced sentence. Vacated.
Court: The Appellate Court of Maryland, Judge: Albright, Filed On: July 27, 2023, Case #: 00009893, Categories: Criminal Procedure, Juvenile Law, Murder
J. Azrack finds in favor of a municipal fire company on a female volunteer firefighter's gender discrimination, hostile work environment and retaliation claims and closes the case. The court finds her claims asserted under Title VII are all time-barred, she fails to rebut the fire company's assertion that she was expelled from the company for failing to provide a doctor's note while out extended medical leave and she further fails to allege she has a protected interest in her position and should have been afforded a pre-termination hearing as she is not a regular, non-probationary firefighter.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: July 27, 2023, Case #: 2:19cv4643, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation