135 results for 'filedAt:"2023-09-05"'.
J. McNulty allows plaintiff to continue certain claims contending three law enforcement officers assaulted him outside his home without identifying themselves, and that city police harassed his family after they spoke out about the assault. Some claims were not properly brought against the city, and evidence does not indicate the city's purported failure to train or discipline officers led to the incident. However, many facts of the case remain in the city's control, and thus Monell liability claims may proceed.
Court: USDC New Jersey, Judge: McNulty , Filed On: September 5, 2023, Case #: 2:22cv6427, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
Per curiam, the circuit finds that the district court improperly dismissed a tenured associate professor's pro se claims of pay disparity based on age and sex because she presented evidence that she received different pay than tenured male professors for the same work. On remand, the court should weigh whether actions the school committed outside the relevant statute of limitations constituted adverse employment actions.
Court: 2nd Circuit, Judge: Per curiam, Filed On: September 5, 2023, Case #: 22-887-cv, Categories: Civil Procedure, Employment Discrimination
J. Byrne finds defendant was not deprived of a fair trial on a domestic violence charge. The interpreter used during the trial was properly credentialed, certified by the Ohio Supreme Court, and took a valid oath prior to providing translation services. Furthermore, the trial court did not violate defendant's confrontation rights when it limited his cross-examination of the victim, his ex-wife, because the limitation was imposed after defense counsel impermissibly attempted to ask questions about his daughter's state of mind during that assault. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: September 5, 2023, Case #: 2023-Ohio-3105, Categories: Confrontation, Fair Trial, Domestic Violence
J. Brennan finds that the lower court improperly denied defendant's motion to withdraw his guilty plea to unlawful possession with intent to deliver meth. The trial court failed to give defendant Rule 401(a) admonishments before allowing defendant to proceed pro se, requiring a remand. Reversed.
Court: Illinois Appellate Court, Judge: Brennan, Filed On: September 5, 2023, Case #: 220112, Categories: Criminal Procedure, Plea
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J. Otake certifies questions to the Hawaii Supreme Court clarifying if the insurance companies have a duty to defend the gas company against underlying suits accusing the gas company of exacerbating climate change effects in Hawaii and failing to warn residents about greenhouse gases. There is no precedent on if an insurance policy should include recklessness as a coverable accident, and if greenhouse gases are considered pollutants excluded from the policy.
Court: USDC Hawaii, Judge: Otake, Filed On: September 5, 2023, Case #: 1:22cv372, NOS: Insurance - Contract, Categories: Environment, Insurance
J. Dunst issues a findings of fact and conclusions of law explaining the court's decision to rule in favor of a group of Suffolk County corrections officers following a bench trial on claims they assaulted a female inmate at the Suffolk County Correctional Facility. The controlling factors in the court decision were the inmate's inconsistent testimony and the lack of surveillance coverage of the alleged incident itself.
Court: USDC Eastern District of New York, Judge: Dunst, Filed On: September 5, 2023, Case #: 2:17cv5067, NOS: Other Civil Rights - Civil Rights, Categories: Police Misconduct
J. Watkins finds that the trial court properly convicted defendant of criminal attempt to commit murder for trying to hire a hit man to kill his wife, her adult son and a family friend. The trial court did not commit a harmful error by excluding evidence pertaining to a pending indictment for computer invasion of privacy, violation of oath and theft by taking against an attorney who was a witness for the state. Although the trial court's ruling violated defendant's right to confrontation, the state showed the error did not contribute to the verdict. The attorney's testimony was corroborated by other witnesses and the evidence of defendant's guilt was overwhelming. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: September 5, 2023, Case #: A23A0990, Categories: Confrontation, Murder
J. Kahn finds that the district court properly dismissed civil rights claims concerning continued deductions of union dues from a school bus driver's paycheck after she left two unions because Supreme Court precedent cited by the driver affected deductions from non-union members, while she willingly became a member and agreed to pay dues through a set period. Affirmed.
Court: 2nd Circuit, Judge: Kahn, Filed On: September 5, 2023, Case #: 22-2743-cv, Categories: Civil Rights, Labor / Unions
J. Rose grants the Department of Veterans' Affairs' motion for summary judgment, ruling the black nurse cannot establish a prima facie case of discrimination because she fails to cite any similarly situated employees treated differently for breaches of the department's disciplinary policy. Although several white nurses were not disciplined for being tardy, the black nurse was fired after removing confidential patient information from the facility and making copies of the information, an entirely separate type of violation.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: September 5, 2023, Case #: 3:21cv195, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination
J. McFadden grants, in part, summary judgment to a nonprofit on its Freedom of Information Act case related to records regarding people who had died while in the custody of Immigration and Customs Enforcement. The agency failed to conduct an adequate search, and it also failed to support two exemptions used to withhold certain documents.
Court: USDC District of Columbia, Judge: McFadden, Filed On: September 5, 2023, Case #: 1:21cv3030, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Immigration, Public Record
J. Feuer holds that the trial court must revisit a law firm's claim that a bank negligently allowed the disbursement of funds from an account that was blocked by order of a probate court. Triable questions about the extent to which the bank had a duty to monitor estate funds that had been put in the blocked account and the bank's special relationship to the beneficiaries of the funds should have precluded summary judgment. Reversed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: September 5, 2023, Case #: B319265, Categories: Wills / Probate, Banking / Lending
J. Pirtle finds the trial court properly found that the premarital agreement was enforceable and entered into voluntarily. The husband's attorney testified that he did not observe his client threaten or intimidate his fiancé to get her to sign, nor did the fiancé indicate that she was being threatened or intimidated. There was no evidence of surprise in the presentation of the agreement as the attorney was contacted a month before the wedding and prepared a draft sent to both parties. The court erred in finding the alimony portion of the agreement unconscionable as the elimination provision did not cause the wife to be eligible for Social Security disability benefits that she received during the marriage due to a stroke. Affirmed in part, reversed in part.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: September 5, 2023, Case #: A-22-386, Categories: Evidence, Family Law, Contract
Per curiam, the Fifth Circuit finds the district court properly found defendant guilty of interstate domestic violence and interstate domestic violence by strangulation or suffocation of his girlfriend while on a cruise ship. Testimony that he had committed similar abuse against a previous girlfriend was proper for the discrete purpose of proving intent. No abuse of discretion is found. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 5, 2023, Case #: 22-30540, Categories: Evidence, Intent, Domestic Violence
J. Jackson-Akiwumi finds that the lower court improperly awarded the parents' attorney's fees after they won an Individuals with Disabilities Education Act suit against the school over their child's special education services. The parents do not qualify as the "prevailing party" as defined by the Supreme Court. Reversed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: September 5, 2023, Case #: 22-1277, Categories: Education, Attorney Fees
J. Carpenter finds the lower court erroneously found the father had willfully abandoned the child and terminated his parental rights. His lack of contact with his daughter was entirely the result of restrictive parole conditions imposed by an Indiana criminal court following convictions for sexually-based offenses involving minors. The father attempted to have his parole modified, unsuccessfully, on several occasions and only refrained from reaching out to his daughter to avoid further punishment; therefore, he did not abandon her under North Carolina law. Reversed.
Court: North Carolina Court of Appeals, Judge: Carpenter, Filed On: September 5, 2023, Case #: COA22-853, Categories: Evidence, Family Law
Per curiam, the Supreme Court of Ohio finds the inmate is not entitled to a writ of mandamus to compel the production of documents from the warden because he failed to rebut the warden's testimony the requested records do not exist, which also precludes any award of statutory damages.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 5, 2023, Case #: 2023-Ohio-3080, Categories: Public Record, Damages
Vice Chancellor Will allows a creditor to continue claims contending a successor entity benefited from a sham sale of a tubing company's assets. Claims against the tubing company should be dismissed because the corporate veil cannot be pierced, but the creditor may continue fraudulent transfer and liability claims against the successor entity.
Court: Delaware Chancery Court, Judge: Will, Filed On: September 5, 2023, Case #: 2022-0378-LWW, Categories: Fraud
J. Duffin partially grants the city, the city's mayor and other city officials' motions to dismiss the former city administrator's lawsuit alleging they and others conspired to block him from official city business, put him under investigation and remove him from office because he refused to fund a diversity, equity, inclusion and belonging program. One of the administrator's First Amendment claims is dismissed for a lack of standing, and also dismissed entirely are his claims that a city false statements ordinance is unconstitutionally vague, that his occupational liberty interest was violated under the 14th Amendment, that the mayor defamed him, and that the mayor, an alderperson and a private attorney inflicted emotional distress upon him. The administrator's due process claim is dismissed as to the alderpersons, the mayor and the city attorney in their official capacities, in part on qualified immunity grounds.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: September 5, 2023, Case #: 2:23cv149, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, First Amendment
J. Zipps denies eight environmental groups' motion for a preliminary injunction to halt two exploratory mining projects, claiming that the projects violate the National Environmental Policy Act. The U.S. Forest Service presented sufficient evidence in court that the projects are not a detriment to the safety of the yellow- billed cuckoo population, and that the breeding areas are more than one- half a mile away from the sites.
Court: USDC Arizona, Judge: Zipps, Filed On: September 5, 2023, Case #: 4:23cv280, NOS: Environmental Matters - Other Suits, Categories: Environment, Injunction
J. Kennelly denies the airline workers' motion for leave to file an amended complaint against their employer, United Airlines. The workers sued United because they opposed its Covid-19 vaccine and mask mandate for employees, and they brought a dozen different claims. But none of their claims are viable, and they have until Sep. 26 to propose "an amended complaint stating at least one viable claim over which the court has jurisdiction." Otherwise, the case will go to United.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: September 5, 2023, Case #: 1:23cv989 , NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination, Labor
J. Bailey finds the lower court improperly granted a company’s motion to dismiss. A misdelivery of chemicals to a meat processing plant allegedly resulted in over $1 million in damages to the facility. The lower court found that the matter should be dismissed as a contract between the parties contains a forum selection clause. The instant court finds the clause to be unreasonable in this circumstance because it would result in multiple lawsuits with the same parties over essentially the same issues. Reversed.
Court: Indiana Court Of Appeals, Judge: Bailey, Filed On: September 5, 2023, Case #: 22A-PL-2989, Categories: Negligence, Contract
J. Frisch partially affirms the district court's award of restitution in a murder case. While the district court did not err in calculating restitution without considering GoFundMe campaign proceeds available to the crime victim or in finding that the state had reached its burden to show that a victim-reimbursement program had sustained an economic loss equal to the amount it provided to the victim, the court did err in failing to include a payment schedule or structure in its restitution order. Affirmed in part.
Court: Minnesota Court Of Appeals, Judge: Frisch, Filed On: September 5, 2023, Case #: A23-0213, Categories: Murder, Restitution
J. Sison denies a grain elevator company's motion for summary judgment concerning a former employee's retaliation claims. The former employee, who suffered injuries on the job, presented sufficient evidence in court that his employer terminated him for filing for worker's compensation benefits.
Court: USDC Southern District of Illinois, Judge: Sison , Filed On: September 5, 2023, Case #: 3:21cv820, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Employment Retaliation, Workers' Compensation
J. Graz finds a lower court properly sentenced a defendant to 45 years in prison after a jury convicted him for sex trafficking by force, fraud, or coercion, facilitating prostitution, and providing a person under 21 with MDMA. The defendant argued that his female victim was properly compensated for escorting services, and that she voluntarily engaged in sex work for money. However, the government presented sufficient evidence in court that the defendant threatened his victim over text messages, referring to her as "hoe," in order to set up encounters over social media, kept the money for himself, and even urinated in her mouth after he drugged her with "molly." Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: September 5, 2023, Case #: 22-1676, Categories: Drug Offender, Fraud, Prostitution