183 results for 'filedAt:"2023-08-31"'.
Per curiam, the Supreme Court of Florida amends traffic court rules by deleting those for Improper Disposition of Traffic Ticket, Sentencing Repeat Offenders, Peremptory Challenges, Procedure on Failure to Appear, Warrant, Notice, and Driver License Revocation (Maintaining List) as obsolete or redundant. Text from a rule relating to contempt proceedings is streamlined and moved to the rule for Direct and Indirect Criminal Contempt.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: August 31, 2023, Case #: SC2023-0360, Categories: Administrative Law, Judiciary
J. McKinnon finds that the district court failed to consider the 17-year-old defendant's youthfulness, impulsiveness and low risk of reoffending before denying his motion to transfer his sexual assault case to youth court. It relied only on the seriousness of the offense without consideration of the nature of the offense, which is required by statute. Reversed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: August 31, 2023, Case #: DA 21-0618, Categories: Juvenile Law, Sex Offender
J. Levy partially grants most, but not all of the federal agencies’ and agents’ motions to dismiss claims brought against them by three foreign crewmembers for detaining them without their consent. Two false arrest and imprisonment claims, an intentional infliction of emotional distress claim and an abuse of process claim are not dismissed. The government agencies and agents intentionally confined the individuals, who were aware of the confinement and had not consented to it, without sufficient reasoning to do so, after the individuals had already begun to address themselves that an engineer was illegally disposing of bilgewater aboard their vessel.
Court: USDC Maine, Judge: Levy, Filed On: August 31, 2023, Case #: 2:19cv198, NOS: Other Civil Rights - Civil Rights, Categories: Maritime, Emotional Distress, Due Process
J. Daniel partially grants the Chicago Department of Animal Care and Control’s motion to dismiss employment discrimination and retaliation claims brought by one of its former employees. The former employee was sexually assaulted by one of her coworkers on the job, but said her supervisor was dismissive of her claims and convinced many other workers in the department to turn against her. She eventually quit but not before the Illinois Equal Employment Opportunity Commission issued her a right to sue the department on multiple First Amendment, discrimination, whistleblower and retaliation claims. The court dismisses her State Officials and Employees Ethics Act claim in its entirety and part of her First Amendment claim as it relates to a specific HR complaint she made. Her other claims can proceed.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: August 31, 2023, Case #: 1:21cv6777, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Assault, Employment Retaliation
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[Consolidated.] J. Beatty rules a former employee may pursue ADA claims against an electric company, but not an energy supplier. The former employee, a foreman, sufficiently showed in court that the electric company failed to accommodate his post- traumatic stress disorder, which is the result of experiences he suffered while serving in the military.
Court: USDC Southern District of Illinois, Judge: Beatty, Filed On: August 31, 2023, Case #: 3:19cv1182, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Military
J. Castner grants the mutual fund managers' motion to dismiss the investors' complaint seeking a judgment that the managers' enforcement of their "frequent trading policy," under which they barred the investors from trading, breached their contracts with the investors and constituted conversion, among other civil violations. The investors have failed to state claims for any of the ten counts they list, since the managers' alleged actions appear to comport with the policy, the investors have not alleged facts supporting an inference that the managers acted in bad faith or with malice, and they have not alleged that they were deprived of property in which they had an interest, nor that the managers made misrepresentations or altered records.
Court: USDC New Jersey, Judge: Castner, Filed On: August 31, 2023, Case #: 3:22cv3723, NOS: Other Contract - Contract, Categories: Fraud, Securities, Contract
J. Bumb grants the city and its officials' motion to dismiss the farmer's federal claims against them, which allege a conspiracy to harm him and his farming business led by the city's fire marshal and his family. The majority of the farmer's allegations are time-barred, since the alleged conduct giving rise to the suit largely took place in and around 2018, well before the July 2020 cutoff for claims brought under the Civil Rights Act and the New Jersey Civil Rights Act. He has also failed to state a plausible selective enforcement claim, since he has not established that his neighbors were similarly situated under the city's plumbing code, and his substantive and procedural due process claims similarly fail. The failure of these claims leads the court to decline to exercise supplemental jurisdiction over a RICO claim.
Court: USDC New Jersey, Judge: Bumb, Filed On: August 31, 2023, Case #: 1:22cv4384, NOS: Torts to Land - Real Property, Categories: Civil Rights, Municipal Law, Property
J. Poissant finds that the trial court properly granted the property owner's motion to remove a lien filed by a business that claimed it was owed for work performed on a pediatric clinic. The evidence showed that the lien was invalid because the lien affidavit misidentified the original contractor. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: August 31, 2023, Case #: 14-22-00067-CV, Categories: Debt Collection, Contract
J. Spain finds that the trial court improperly ruled against the bail bonds company on breach-of-contract claims against an individual who refused to pay the cost of forfeited bonds after a criminal defendant "disappeared and failed to show up for court appearances." The individual's asserted defenses of mutual mistake and lack of consideration are not supported by the evidence. Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 31, 2023, Case #: 14-22-00519-CV, Categories: Civil Procedure, Indemnification, Contract
Per curiam, the Supreme Court of Florida adopts a proposed amendment to the Florida Bar’s rule regulating discipline for “Incapacity Not Related to Misconduct” as regarding actions causing public harm. The court modifies to clarify that a felony charge underlying suspension must be “by an indictment or information in state or federal court.”
Court: Florida Supreme Court, Judge: Per curiam, Filed On: August 31, 2023, Case #: SC2023-0108, Categories: Administrative Law, Judiciary
J. Block denies, in part, summary judgment to a general contractor and property owner on a laborer's workplace injury complaint for injuries suffered in a fall as a result of a defective temporary wooden ladder, ruling his state labor law claims under the Industrial Code provisions can proceed to trial while dismissing all other claims. The court enters judgement, in part, in favor of the site owner and general contractor on their third-party claims and finds the subcontractor liable for contractual indemnification coverage.
Court: USDC Eastern District of New York, Judge: Block, Filed On: August 31, 2023, Case #: 1:21cv2723, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Labor
J. Peterson finds partially in favor of the third-party manufacturers in the lighting corporation's lawsuit against the home improvement retail company for selling products that allegedly violate the corporation's patents for LED lighting systems. One manufacturer's motion to dismiss the company's third-party claims against it seeking indemnity for its role manufacturing the products that infringe on the corporation's patents is granted, as it has a valid arbitration clause in its contract with the company. The corporation's motions to dismiss four other third-party manufacturers' counterclaims and affirmative defenses are granted in part, including as to dismiss one of the manufacturer's invalidity claims on some of the patent infringement allegations. The corporation's motion to sever the company's claims against the third-party manufacturers is denied.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: August 31, 2023, Case #: 3:22cv706, NOS: Patent - Property Rights, Categories: Patent, Contract
J. Doss finds that the lower court properly terminated the parental rights of the mother based on evidence that sufficiently supports the best interest finding. The record indicates that the child was "thriving" in his placement with the maternal great-aunt. Also, the mother was incarcerated as a result of a drug charge and failed to demonstrate that she had stable employment. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: August 31, 2023, Case #: 07-23-00205-CV, Categories: Evidence, Family Law
Per curiam, the Supreme Court of Florida amends the rules of civil procedure for the involuntary commitment of sexually violent predators. The amendments are generally grammatical, intended to streamline the language. A name change is made from the “Florida Rules of Judicial Administration” to the “Florida Rules of General Practice and Judicial Administration” and subdivision titles are added. The purpose is to provide consistency with other rules and guidelines.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: August 31, 2023, Case #: SC2023-0005, Categories: Administrative Law, Judiciary
J. Kelly finds that the trial court properly ruled to dismiss the customer's suit against a pharmaceutical company after the customer failed to provide any witnesses at trial. Although the customer argues that the court should not have dismissed his suit because he had documentary evidence with him, the record does not contain any such evidence, so there is nothing to review.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: August 31, 2023, Case #: 03-22-00170-CV, Categories: Civil Procedure, Corporations
J. Garry finds that a security guard was properly disqualified from receiving benefits after he was put on leave and fired for failing to get vaccinated for Covid-19 because the guard, who had been denied a religious exemption, worked for a medical center where he interacted with patients, visitors, and staff. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: August 31, 2023, Case #: 535989, Categories: Employment, Covid-19
J. McShan finds that an appeal should be dismissed as moot as brought from the finding entered for the liability carrier in claims brought after the driver for a medical transit agency sought benefits for injuries incurred in a motor vehicle accident. The carrier and the staffing firm that supplied the driver no longer were aggrieved because the workers' compensation board amended a prior holding in light of subsequent precedent.
Court: New York Appellate Divisions, Judge: McShan, Filed On: August 31, 2023, Case #: 533111, Categories: Civil Procedure, Workers' Compensation
J. Livingston finds that the district court properly declined to vacate a New York City cop's guilty plea to organizing crews to carry out "raids" posed as police in order to steal money and drugs from drug dealers. Conspiracy to commit Hobbs Act robbery no longer constitutes a predicate crime of violence for firearms offenses, and defendant allocuted to participating in a drug-trafficking conspiracy in which he brandished a firearm. Affirmed.
Court: 2nd Circuit, Judge: Livingston, Filed On: August 31, 2023, Case #: 21-2685, Categories: Firearms, Robbery, Conspiracy
Per curiam, the appellate division finds that the lower court improperly dismissed a medical malpractice action stemming from an 89-year-old's fall from her hospital bed while she was being treated for tuberculosis, which ultimately led to her death. The hospital failed to show that decedent could not have been monitored in a way to prevent her fall and that her resulting subdural hematoma was not a substantial factor in her death. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 31, 2023, Case #: 04478, Categories: Medical Malpractice
J. Russell denies in part an office equipment supplier's cross motion for summary judgment after an office products sales company sued it for breach of contract, seeking over $700,000 in damages. The supplier failed to keep up with regular commission payments, arguing that the sales company hadn't reached a quota of $800,000 in equipment sales to maintain the current commission rates. There is a dispute of material fact as to whether the parties' agreement applies to their sole customer and whether the breach of contract claim is valid based on the fact that the supplier acknowledged the debt, which reset the statute of limitations.
Court: USDC Maryland, Judge: Russell, Filed On: August 31, 2023, Case #: 1:20cv1264, NOS: Other Contract - Contract, Categories: Enforcement Of Judgments, Contract
J. Clark finds that a self-employed home improvement contractor was properly ordered to repay $6,400 in federal Covid-19 pandemic benefits. The contractor had been out of work due to the pandemic, but subsequent income verification based on his 2019 tax return revealed he earned less than reported. Thus, he should have received only the minimum weekly benefits rate. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: August 31, 2023, Case #: CV-22-2378, Categories: Employment, Covid-19