191 results for 'filedAt:"2023-07-28"'.
J. Srinivasan vacates the district court's finding for the Secretary of the Army on a veteran's challenge to the Army's assignment of a 20 percent, rather than 30 percent, disability rating following back and leg injuries he suffered in a car accident while on deployment. The secretary improperly adopted the Physical Disability Board of Review's conclusion, which did not assign a rating to the veteran's leg condition, despite the board's finding the condition contributed to his unfitness. Vacated.
Court: DC Circuit, Judge: Srinivasan, Filed On: July 28, 2023, Case #: 22-5045 , Categories: Administrative Law, Military
J. Davies finds a lower court properly ruled in favor of a former victim of child abuse on claims that he is entitled to compensation for childhood sexual abuse at the hands of a "large imposing person in his early 20s." The abuser, who attended a video game club, argued that he is not obligated to compensate his victim. However, the unnamed victim presented sufficient evidence in court that he is entitled to apply for monetary compensation for mental injuries he suffered at the hand of his groomer abuser. Affirmed in part.
Court: Her Majesty's Court of Appeal, Judge: Davies, Filed On: July 28, 2023, Case #: CA-2022-1545, Categories: Evidence, Child Victims
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Beeler dismisses the former Yemeni embassy employee's suit against the State Department alleging that he was not given benefits he was entitled to as a U.S. citizen working in Yemen following an unsuccessful coup d'etat attempt in 2018. The employee's claim under Title VII of the Civil Rights Act fails since citizenship and alienage are not protected categories, and he has not alleged any facts showing that the distinction between local embassy employees and direct hires had a disproportionate impact on U.S. citizens who originated from Yemen.
Court: USDC Northern District of California, Judge: Beeler, Filed On: July 28, 2023, Case #: 3:21cv7713, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Lorenz grants the SEC's motion to dismiss a law firm's move for a declaratory judgment that engaging in transactional activities on the Ethereum Network does not violate the Securities Act of 1933. The claim is not ripe for review, as the SEC has not issued firm guidance on whether the Ethereum Network and Ether digital currency units are securities. It is also unclear whether the SEC would bring a lawsuit against the law firm, so there is no controversy under the "firm prediction rule."
Court: USDC Southern District of California, Judge: Lorenz, Filed On: July 28, 2023, Case #: 3:22cv1832, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Hurst finds a lower court improperly denied a father's request for settlement funds from a wrongful death action filed by his deceased son's mother. The mother argued that the father should be banned from settlement proceedings based on allegations that he played a role in their son's suicide, which he carried out with the father's firearm. However, the father may be entitled to participate in the apportionment of funds because he has not been deemed liable of his son's death. Vacated.
Court: Kansas Courts Of Appeal, Judge: Hurst, Filed On: July 28, 2023, Case #: 125,787, Categories: Settlements, Wrongful Death, Firearms
J. Wollman finds a lower court properly dismissed a healthcare network group's lease agreement claims against a financial solutions company. The healthcare network argued that they are entitled to be released from the financial solutions company financing agreement based on ownership of the equipment. However, the financial solutions company presented sufficient evidence in court that the agreement binds the healthcare network's obligation to turn over equipment, as part of a true lease and not an actual purchase. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: July 28, 2023, Case #: 21-3416, Categories: Health Care, Contract
J. Grasz finds a lower court properly dismissed three protesters' First Amendment retaliation claims against a City. The protesters argued that police officers violated their rights by spraying them in the face with pepper spray. However, the protestors failed to sufficiently show in court that there was a casual connection between the officers' use of pepper spray and their constitutional rights for freedom of expression. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: July 28, 2023, Case #: 22-1735, Categories: Civil Rights, Constitution, First Amendment
J. Kelly finds a lower court properly dismissed contract claims brought by a energy company against a electric power cooperative. The energy company argued that is was entitled to cancel the parties' long-term power agreement. However, the electric power cooperative presented sufficient evidence in court that the energy company is not entitled to a buyout to withdraw from the project, based on an unambiguous agreement it signed to purchase electricity exclusively from it until 2075. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: July 28, 2023, Case #: 22--1884, Categories: Construction, Interference With Contract, Contract
J. Erickson finds a lower court properly dismissed a Black female employee's race discrimination and FMLA claims against her former employer. The former employee argued that her former employer terminated her from the company based on her race and for requesting leave after she developed mental health issues. However, her employer sufficiently showed in court that she left the job early several times without permission, and then abandoned her job by failing to show up for three days without notice. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: July 28, 2023, Case #: 22-2298, Categories: Civil Rights, Employment, Employment Discrimination
J. Kelly finds a lower court properly dismissed a former Navy service member's discrimination claims against his employer under the Uniformed Services Employment and Reemployment Rights Act. The former Navy serviceman argued that his employer was obligated to provide him with tuition assistance to obtain a bachelor's degree. However, his employer provided sufficient evidence in court that the G.I. Bill covered his tuition in full. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: July 28, 2023, Case #: 22-2321, Categories: Education, Employment Discrimination, Military
J. Grasz finds a lower court properly denied a police officer's motion for qualified immunity, but may have erred in failing to make a ruling on claims that he may be entitled to sovereign immunity. A protestor argued that the police officer singled him out during a protest concerning the slaying of another police officer, and then intentionally sprayed pepper spray in his face, which resulted in injuries. However, the officer may be entitled to relief based on the lower court's failure to determine whether or not his actions triggered sovereign immunity. Vacated in part.
Court: 8th Circuit, Judge: Grasz, Filed On: July 28, 2023, Case #: 22-2329, Categories: Civil Rights, Immunity
J. Moore finds that the lower court properly terminated the mother's parental rights to the child. The mother argues that the department failed to use "reasonable efforts to rehabilitate her and to reunite her with the child." However, her rights to another child had previously been "involuntarily terminated," meaning the department did not have a duty "to use reasonable efforts to assist the mother." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: July 28, 2023, Case #: CL-2022-1161, Categories: Civil Procedure, Family Law
J. Robbenhaar denies a supermarket company’s motion to dismiss after it was sued by a union seeking to compel compliance with arbitration procedures and to enforce agreements made through prior bargaining. The union has exhausted the grievance procedures available to it through the collective bargaining agreement, and without such an order from this court, the supermarket could once again go through the process of bargaining and arbitration before “again failing to comply with the agreed upon resolution.”
Court: USDC New Mexico, Judge: Robbenhaar, Filed On: July 28, 2023, Case #: 1:23cv335, NOS: Labor/Management Relations - Labor, Categories: Arbitration, Employment, Labor / Unions
J. Wormuth grants a public school teacher’s leave to file an answer after he was sued by a former student for allegedly sexually grooming her and otherwise violating her civil rights. The teacher has shown “excusable neglect” for failing to timely file, and besides this court prefers to “decide claims on their merits rather than on pleading technicalities” — though he may not assert new qualified immunity defenses, as he has not done so before and his delay on that front is not excusable.
Court: USDC New Mexico, Judge: Wormuth, Filed On: July 28, 2023, Case #: 2:21cv574, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Immunity
Per curiam, the appellate division finds the trial court properly convicted defendant of promoting prostitution and criminal sexual acts after sexual acts with a minor. Defendant gave the minor money and told her to do everything his associate wanted during a trip to New York City, and defendant received meaningful representation. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: KA 18-00042, Categories: Sex Offender
J. Morris grants a temporary restraining order against a Montana law that criminalizes, among several other things, “drag story hours” in schools and libraries and prohibits minors from attending “sexually oriented shows.” The law is overly broad and vague, with the language of the bill failing to properly define most of the “lewd” content it tries to curtail. Given that Montana’s annual pride event was slated to start in less than two days from the issuance of the ruling, the law is enjoined until a decision on a larger preliminary injunction is made.
Court: USDC Montana, Judge: Morris, Filed On: July 28, 2023, Case #: 2:23cv50, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Lgbtq, First Amendment
Per curiam, the appeals court overturns the trial court's order denying the companies' motion to dismiss the action and remands the case back to the trial court for dismissal based on the appeals court's May decision in Travel Insurance Facilities v. Naples Community Hospital. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: July 28, 2023, Case #: 6D23-555, Categories: Civil Procedure
J. Thompson finds that the lower court improperly modified the child custody arrangement and awarded the parties "joint legal custody and joint physical custody of the child." The lower court does not indicate which standard it utilized. Accordingly, the court cannot assess whether the lower court "properly applied the McLendon standard to the facts." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Thompson, Filed On: July 28, 2023, Case #: CL-2022-1010, Categories: Civil Procedure, Family Law
J. Heavican finds the district court lacked jurisdiction to review the Nebraska Police Standards Advisory Council's denial of petitioner's admission into basic officer certification training. His application was denied because he lied on the question of whether or not he had ever been convicted of breaking a law. When he was a peace officer in the state of Georgia he was arrested for alleged battery, and the following investigation revealed he had violated agency policies and had displayed a lack of veracity during the investigation. Now, because the district court lacked jurisdiction, the Nebraska Supreme Court acquired no jurisdiction. Appeal dismissed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: July 28, 2023, Case #: S-22-648, Categories: Agency, Jurisdiction, Police Misconduct
J. Fenn finds that the lower court properly convicted defendant of animal cruelty after he shot three horses. He raises several alleged errors on appeal, such as that the lower court wrongfully admitted several pieces of evidence and allowed his wife to invoke spousal privilege in front of the jury, but has not shown how any of the alleged mistakes would have changed the outcome of the trial had they taken place differently. Affirmed.
Court: Wyoming Supreme Court, Judge: Fenn, Filed On: July 28, 2023, Case #: S-22-0255, Categories: Animal Cruelty
J. Pryor finds that the district court properly dismissed the wife's action for judicial review of the secretary's decision revoking approval of the wife's petition to have her husband classified as her immediate relative under the Immigration and Nationality Act so he could adjust his immigration status. The approval was revoked because the husband had entered a previous sham marriage to evade immigration laws. The district court correctly found that it lacked jurisdiction to review the revocation because the secretary's authority to revoke the approval of a petition is discretionary. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: July 28, 2023, Case #: 22-12429, Categories: Immigration
Per curiam, the appellate division finds the trial court properly dismissed a nurse supervisor's complaint, alleging that he was wrongfully accused of sexually harassing a nurse and that the allegations caused him to resign. The officials conducted an official investigation into the claims, finding that claims that the supervisor accessed records of a patient that was not his patient were substantiated, and the employee voluntarily resigned. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 22-01620, Categories: Employment