171 results for 'filedAt:"2023-07-31"'.
J. Shepherd finds a lower court improperly dismissed a defendant's motion to suppress evidence concerning his arrest for for possession of 50 grams of meth. The government argued that police officers properly confiscated 1,500 grams of meth hidden in the defendant's vest. However, the police officers forced the defendant to remove a blanket he was wearing before conducting a mandatory pat down, in violation of his Fourth Amendment Rights against unreasonable searches. Reversed.
Court: 8th Circuit, Judge: Shepherd, Filed On: July 31, 2023, Case #: 22-2670, Categories: Drug Offender, Evidence
J. Dugan finds a former high school student may pursue sex discrimination claims against a school district. The former high school student, a varsity volleyball player, sufficiently presented evidence in court that the coach forced the athletes to engage in "demoralizing and degrading activities," including being subjected to "spanking machines," and then "scolded" them for reporting the abuse.
Court: USDC Southern District of Illinois, Judge: Dugan, Filed On: July 31, 2023, Case #: 3:22cv1962, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Emotional Distress
J. Alonso partially grants an insurance company’s motion for summary judgment, and denies a food company’s cross-motion for summary judgment, on the insurance company’s claims that it owes no duty to defend or cover the food company in an underlying biometric privacy class action. The court finds that the insurance company has no duty to defend the food company only regarding on the underlying complaint’s breach of contract claims. Factual disputes bar summary judgment on the other claims.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: July 31, 2023, Case #: 1:22cv1334, NOS: Insurance - Contract, Categories: Insurance, Class Action, Contract
J. Shah denies a mortgage firm’s motion to stay this foreclosure case pending a parallel case in state court, but grants its motion to dismiss a homeowner’s fraud claim against it. The court finds that the homeowner’s fraud case is time-barred, as she was aware of the mortgage firm’s allegedly fraudulent tactics to foreclose on her property more than three years prior to filing suit.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: July 31, 2023, Case #: 1:22cv6139, NOS: Insurance - Contract, Categories: Fraud, Insurance, Foreclosure
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J. Osteen denies, in part, a medical center's motion for summary judgment on an employee's discrimination and retaliation claims. She has presented sufficient evidence to support her claims for hostile work environment and retaliation.
Court: USDC Middle District of North Carolina, Judge: Osteen , Filed On: July 31, 2023, Case #: 1:21cv698, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Donahue orders an individual to show cause why his fifth amended pro se complaint for declaratory judgment and damages against the United States Supreme Court, individual Justices "and a six-foot imaginary rabbit named 'Harvey" should not be dismissed for failure to state actionable claims. The individual contends that the Supreme Court’s majority opinion in 303 Creative LLC v. Elenis is illegal and unconstitutional, and he seeks an injunction and a “Billion Trillion Dollars." The individual's claims against the Justices are barred by the doctrine of sovereign immunity and the Justices are entitled to absolute judicial immunity.
Court: USDC Central District of California, Judge: Donahue, Filed On: July 31, 2023, Case #: 2:23cv5579, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Foster grants the pornographer's 12 motions for leave to serve third-party subpoenas in parallel cases against unknown alleged unauthorized distributors of the pornographer's copyrighted movies. Expedited discovery is warranted since the pornographer has stated an actionable copyright-infringement claim, the requests are specific in seeking only names and addresses, there are no alternatives to the pornographer's proposed course of action of seeking information on the alleged distributors by way of their internet service providers, the cases cannot proceed without that information, and the pornographer's right to pursue the copyright claims outweighs the alleged distributors' expectations of privacy.
Court: USDC Minnesota, Judge: Foster, Filed On: July 31, 2023, Case #: 0:23cv1891, NOS: Copyrights - Property Rights, Categories: Copyright, Discovery
J. Ayers finds the lower court properly convicted defendant of three counts of aggravated stalking and one count of stalking for multiple incidents of following a woman and her daughters, attempts to enter their home, and threatening them. Evidence is sufficient to support his convictions and effective eight-year sentence as a multiple offender to be served in a local warehouse. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: July 31, 2023, Case #: W2022-01204-CCA-R3-CD, Categories: Evidence, Harassment
J. Stewart finds the trial court properly convicted defendants for conspiracy to commit wire fraud affecting a financial institution, conspiracy to commit securities fraud, and eight counts of aiding and abetting securities fraud. In “a classic Ponzi-like scheme,” defendants transferred money from one fund to pay distributions to another fund’s investors. Though several claims of error are argued, none rise to abuses of discretion or other reversible error. No statements made by the prosecutor prejudiced defendants’ substantial rights. Time limits did not jeopardize the trials fairness. Cumulative error is inapplicable. Affirmed.
Court: 5th Circuit, Judge: Stewart, Filed On: July 31, 2023, Case #: 22-10511, Categories: Fair Trial, Fraud, Securities
J. Briccetti partially denies the federal defendants' and Yonkers defendant's motion to dismiss civil rights claims stemming from the attempted arrest and fatal shooting of a man during an FBI surveillance operation who had a gun replica in his car. It is for a jury to decide the reasonableness of each officer's decision to fire subsequent shots based on whether they reasonably believed the man remained a threat when they fired the additional rounds.
Court: USDC Southern District of New York, Judge: Briccetti, Filed On: July 31, 2023, Case #: 7:19cv9444, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Brasher finds the district court improperly sentenced defendant to the mandatory minimum sentence of 15 years in prison following his guilty plea to being a felon in possession of a firearm. Defendant's prior Florida conviction for possessing a listed chemical with reasonable cause to believe it will be used to manufacture a controlled substance does not qualify as a serious drug offense under the Armed Career Criminal Act. Possessing a listed chemical with reasonable cause to believe it will be used to manufacture does not amount to manufacturing the drug. Vacated.
Court: 11th Circuit, Judge: Brasher, Filed On: July 31, 2023, Case #: 21-12609, Categories: Drug Offender, Firearms, Sentencing
J. Dysart finds that the trial court properly granted a contractor’s motion for sanctions on a worker’s claim that he was injured in a workplace accident when he fell because of a defective handrail on the trolley of a crane. In this case, the contractor consistently maintained that it did not do any work on the handrail, and the worker made no inquiry and did not produce any evidence into the involvement of the contractor with the crane prior to or after filing his lawsuit. The record supports that the worker’s counsel did not investigate into the basis of the worker’s claims against the contractor before filing the action. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: July 31, 2023, Case #: 2022-CA-0848, Categories: Evidence, Sanctions, Contract
J. Edmon finds that the trial court erred in prohibiting the enforcement of a voter-approved charter amendment that would allocate 10% of Los Angeles County's general fund to community investment and alternatives to incarceration. The adoption of Measure J is permissible under the California Constitution as an exercise of the County's authority in its own governance. Reversed.
Court: California Courts Of Appeal, Judge: Edmon, Filed On: July 31, 2023, Case #: B314973, Categories: Elections, Municipal Law
J. Wise finds the lower court properly found for a homeowners association's in its action to shut down a homeowner's daycare. The provision to ban commercial businesses like her daycare was valid and enforceable, while the owner presented no evidence to support her claim that other tenants were allowed to operate businesses without punishment. Furthermore, the lower court properly dismissed her disability discrimination counterclaim, as the owner failed to provide documentation that her or her son's disabilities required them to stay and work from home, or required an accommodation be granted by the association. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: July 31, 2023, Case #: 2023-Ohio-2660, Categories: Ada / Rehabilitation Act, Housing, Contract
J. Joseph denies a request by a meat processing plant to dismiss a white Hispanic shift manager’s national origin-based Title VII allegations because she purportedly failed to exhaust those claims at the administrative level before the EEOC. Because the circumstances that led to the manager’s allegations of discrimination at the plant are inextricably linked with her race and national origin, Alford’s national origin claim would “reasonably be expected to grow out of the initial charges of discrimination” based on her race. Therefore, she has administratively exhausted her national origin claims before the EEOC prior to filing suit.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: July 31, 2023, Case #: 3:22cv5758, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Welch finds the Court of Appeals improperly reversed the Court of Claims’ grant of summary judgment to the Treasury in this tax dispute, determining that business income was properly subject to taxation under the Michigan Business Tax Act as to the sale of a Minnesotan business to one in Michigan. The Act’s formula, as applied, did not impermissibly tax income outside the scope of Michigan’s taxing powers and did not violate due process or commerce clauses of the Constitution. Reversed and remanded.
Court: Michigan Supreme Court, Judge: Welch, Filed On: July 31, 2023, Case #: 163742, Categories: Commerce, Constitution, Tax
Per curiam, the Fifth Circuit finds the district court properly affirmed the bankruptcy court’s settlement between a creditor and a capital management debtor. Though the family trust, which is controlled by the founder of the capital management firm, held a small, limited partnership interest in the firm, the interest was cancelled under the plan. And so, the settlement approval order doesn’t have a direct pecuniary effect on the trust. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 31, 2023, Case #: 22-10960, Categories: Bankruptcy, Trusts
J. Kelley denies a satanic group’s motion for summary judgment against Boston for not allowing the group to be the selected member of the public to give a few words at the beginning of a city council meeting. The group claims their First Amendment rights were violated but this is not the case because the selection of a speaker is based on city counselors’ relationships with members of their districts. The satanic group was not chosen not due to its religious beliefs, but based on a preference for others the city saw as more active in their community and in serving their constituents.
Court: USDC Massachusetts, Judge: Kelley, Filed On: July 31, 2023, Case #: 1:21cv10102, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, First Amendment
J. Kobayashi dismisses claims by a Hilo resident who alleges he was wrongfully arrested without a warrant, denied bail and had unfair proceedings initiated against him by the case’s judge, prosecutor, public defender and various court employees. Beyond being able to make any claims with plausible relief, the claims against the judge are barred by Eleventh Amendment immunity. He is also unable to show that the attorneys involved maliciously charged him with crimes or failed to properly defend against the charges.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: July 31, 2023, Case #: 1:23cv246, NOS: Other Civil Rights - Civil Rights, Categories: Judiciary, Malicious Prosecution, Due Process
Vice Chancellor Zurn grants judgment on the pleadings to a private equity firm in a dispute over management fees, finding that the fifteen affirmative defenses all fail, including alleged securities violations that are too far removed from the contract to make it voidable.
Court: Delaware Chancery Court, Judge: Zurn, Filed On: July 31, 2023, Case #: 2019-0847-MTZ, Categories: Contract