121 results for 'filedAt:"2023-09-08"'.
J. Higginson finds the district court properly dismissed this case with prejudice. The delivery driver brought suit against his employer on claims of defamation, false arrest, malicious prosecution and infliction of emotional distress after he was terminated and arrested for theft of product. The company has provided ample evidence supporting their position that they reported their findings with the honest and reasonable belief that the driver was stealing. The driver provides no evidence to dispute this. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: September 8, 2023, Case #: 22-30245, Categories: Civil Rights, Malicious Prosecution, Defamation
J. Riggs grants, in part, the lenders' motion to dismiss, ruling their failure to conduct any transactions or make contact with the loan applicants about financing several real estate purchases deprives this court of jurisdiction to hear contract claims. Meanwhile, the applicants' failure to explain in their complaint how any of the conduct by the prospective lenders constitutes wire fraud under RICO requires dismissal of that claim.
Court: USDC New Mexico, Judge: Riggs, Filed On: September 8, 2023, Case #: 1:23cv493, NOS: Other Contract - Contract, Categories: Real Estate, Jurisdiction, Contract
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J. Grant finds in an opinion which was originally non-published in August, that the district court properly convicted defendant of drug offenses. The Covid-19 accommodations which required grand jurors to meet in three separate courthouses and use videoconferencing to connect with each other did not introduce any fundamental error into defendant's prosecution or affect defendant's indictment. The district court correctly denied defendant's motion to suppress evidence obtained via wiretaps of his phone. Affirmed.
Court: 11th Circuit, Judge: Grant, Filed On: September 8, 2023, Case #: 22-11809, Categories: Drug Offender
J. Grant finds that the district court properly ruled in favor of the employer in a race discrimination action brought by the meteorologist alleging that his termination for violating sexual harassment policies was pretextual and that he was actually fired because he is white. A termination request form filled out by the managers which included the employee's race and data on the race of weather employees at the news station does not prove that the employee was terminated because of his race. Affirmed.
Court: 11th Circuit, Judge: Grant, Filed On: September 8, 2023, Case #: 22-11462, Categories: Employment Discrimination
J. Murguia denies an immigrant's petition for review of an immigration judge’s decision upholding an asylum officer’s negative reasonable fear determination following the reinstatement of a prior order of removal. The matter involves a Mexican immigrant who reentered the United States without inspection in 2003. The determination was reasonable and the immigrant's petition was denied on the merits.
Court: 9th Circuit, Judge: Murguia, Filed On: September 8, 2023, Case #: 15-72821, Categories: Immigration
J. Crichton finds that Article 930.10 of the Code of Criminal Procedure, which allows the judicial branch to exercise the governor's power to pardon a final conviction, is unconstitutional. The statute permits a court to create a “post conviction plea agreement” for the purpose of “amending the petitioner’s conviction,” by overturning a defendant's final conviction, and then, accepting their guilty plea and imposing the agreed upon sentence. Article 930.10 allows a court to overturn a final conviction solely because a defendant and the district attorney jointly requested the court to do so, and this violates the doctrine of separation of powers. In this case, the district court should not have denied the Attorney General’s motion to vacate defendant's post-conviction plea agreement as unconstitutional. Further, the district court's decision overturning defendant’s second degree murder conviction is vacated. Reversed.
Court: Louisiana Supreme Court, Judge: Crichton, Filed On: September 8, 2023, Case #: 2022-KK-01827, Categories: Constitution, Judiciary, Murder
J. Adams grants an individual to file an amended complaint regarding allegations of discrimination against the city’s employees allegedly asking him to leave from the library. The individual must comply with the Federal Rule of Civil Procedures when laying the complaint out, if he no longer wishes to file the amendment, he must file notice informing the court.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: September 8, 2023, Case #: 2:22cv196, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Due Process, Employment Discrimination
J. Biggs partially grants a health care system’s motion to dismiss allegations of age discrimination brought by a former system director of supply chain management after he claims he was passed up for promotions in favor of younger candidates. He also claims he was demoted at one point, then applied for his old position and was replaced. However, because the director did not file his discrimination claim with the EEOC within 180 days of it happening, the claim is time-barred. The director also argues equitable estoppel, meaning the system purposely caused him to miss a filing deadline because it withdrew the posting of his previous job prematurely, thereby violating the Age Discrimination in Employment Act. But, the director presents no evidence that the system removed the posting to deliberately or intentionally to prevent him from applying.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: September 8, 2023, Case #: 1:22cv847, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Adams grants an individual to file an amended complaint regarding allegations of a hostile shopping environment, defamation and discrimination against a convenience store’s employee. The individual must comply with the Federal Rule of Civil Procedures when laying the complaint out; if he no longer wishes to file the amendment, he must file notice informing the court.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: September 8, 2023, Case #: 2:23cv192, NOS: Other Civil Rights - Civil Rights, Categories: Defamation, Due Process, Employment Discrimination
J. Osowik finds the trial court properly denied the landlord's motion for a continuance to obtain the deposition transcript from the tenants for the purposes of calculating damages. He was able to present all of his evidence before the court at the damages hearing, while the court was also already aware of all the evidence contained in the depositions. Affirmed.
Court: Ohio Court Of Appeals, Judge: Osowik, Filed On: September 8, 2023, Case #: 2023-Ohio-3193, Categories: Civil Procedure, Landlord Tenant, Damages
J. Williams denies, in part, the employer's motion for summary judgment, ruling that although the terms of the executive's bonus were not included in the offer sheet, a reasonable jury could infer the terms were part of the employment agreement based on deposition testimony the bonus was removed to avoid angering other high-level employees. Additionally, this evidence is sufficient to support the executive's fraud claim at this stage of proceedings because he was guaranteed a bonus based on the performance of the company as a whole.
Court: USDC Connecticut, Judge: Williams, Filed On: September 8, 2023, Case #: 3:19cv1910, NOS: Other Contract - Contract, Categories: Employment, Fraud, Contract
J. Baker rules in favor of the Georgia Department of Corrections as to the former inmate's medical malpractice claims against it arising after his infected toe fell off while he was incarcerated. However, the board's motion for partial summary judgment is rejected as to the inmate's claims based on a doctor's alleged negligence. There is a genuine dispute of fact as to whether the doctor was a correctional healthcare employee or an independent contractor. The physician assistant failed to show that she is entitled to qualified immunity from the civil rights claim alleging deliberate indifference. The ex-inmate's motion to exclude portions of the experts' opinions is partially granted as to two doctors' opinions that the prison parties met the standard of care and as to one doctor's opinion that they did not cause the ex-inmate's injuries.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: September 8, 2023, Case #: 4:21cv277, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts, Medical Malpractice
J. Reiber finds the lower court failed to consider all evidence in prior conduct consideration in the defendant’s probation-revocation case. While, the appeals court agrees with the probation violations, the judicial process did not preserve the public confidence in the system. Reversed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: September 8, 2023, Case #: 22-AP-231, Categories: Judiciary, Probation
J. Beckerman partially denies summary judgment to the transportation company against the bus operator's Family and Medical Leave Act and Oregon Family and Medical Leave Act claims as part of the bus operator's lawsuit alleging that the transportation company fired him for taking medical leave. There are genuine issues of material fact as the evidence suggests that a doctor never completed the necessary steps for the bus operator's driver's medical examination, the transportation company stopped the bus operator from returning to work and fired him despite the bus operator passing the only complete Department of Transportation (DOT) physical he had before his DOT card expired.
Court: USDC Oregon, Judge: Beckerman, Filed On: September 8, 2023, Case #: 3:21cv768, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Prescott finds the lower court properly granted the city's motion for summary judgment on disability discrimination and failure to accommodate claims brought by the police officer. After he informed his superiors of his disability, they offered him the exact accommodation requested by he and his psychiatrist, a consistent daytime shift, and he simply chose not to accept it. Although the officer would not have been able to remain a K-9 handler if he accepted the accommodation, he never included that requirement in his request. Furthermore, an isolated comment the officer was not "acting like a Marine" when he used a large number of sick days was insufficient to support a hostile work environment claim. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: September 8, 2023, Case #: AC45395, Categories: Ada / Rehabilitation Act, Evidence, Employment Discrimination
J. Cain awards more than $2 million, including attorney fees, to a Louisiana church after finding that its insurer acted in bad faith in its adjustment of a hurricane damage claim. Most of the insurer’s expert's report is "not credible" and the court gives very little weight to her opinions and assessment of damages. It is “incredible” that the insurer’s expert would not be able to report the correct wind speeds for Hurricane Laura “almost three years post-storm considering the abundance and ease of finding that information.”
Court: USDC Western District of Tennessee , Judge: Cain, Filed On: September 8, 2023, Case #: 2:21cv4014, NOS: Insurance - Contract, Categories: Insurance, Damages, Experts
J. Lambert finds the property owner has properly moved for a minor clarification regarding the appeals court's July 14, 2023, opinion in a dispute over property boundaries and riparian rights between the property owner, his neighbors and the city, and a revised version of the July opinion reversing the trial court's findings against the property owner at the summary judgment phase is issued. Per that revised opinion, the trial court erroneously overlooked disputes of fact over who owns a portion of the disputed property and whether it was originally platted as waterfront property, and it incorrectly concluded that the property owner's riparian rights and his neighbors' riparian rights could not conflict because the properties are not immediately adjacent to one another and that some of the property owner's claims are time-barred. Reversed.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: September 8, 2023, Case #: 21-2407, Categories: Property, Contract
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled against defendant, a minor, charged with aggravated sexual assault. After the court of appeals ruled that defendant could not be charged with aggravated sexual assault because he was under the age of 14 and therefore could not consent to sex, the Supreme Court ruled in a separate case that minors are capable of committing aggravated sexual assault. The state filed a motion for rehearing with the appeals court on its charges against defendant but was denied. The state then filed for a petition of review. Consent is not relevant to determine whether defendant intentionally committed aggravated sexual assault. Moreover, the age of the accused is immaterial, because state laws prohibiting sexual assault do not distinguish between acts committed by children and adults. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: September 8, 2023, Case #: 22-0388, Categories: Sex Offender, Juvenile Law
J. Hall grants, in part, the employer's motion for summary judgment, ruling that while the 61-year-old employee was effectively replaced by a younger employee, the employer had a legitimate reason to fire him as part of a cost-cutting strategy during the Covid-19 pandemic, which significantly impacted the company's finances and forced it to downsize.
Court: USDC Connecticut, Judge: Hall, Filed On: September 8, 2023, Case #: 3:21cv1435, NOS: Family and Medical Leave Act - Labor, Categories: Evidence, Covid-19, Employment Discrimination
J. Gorton grants a machine vision manufacturer’s motion to dismiss counterclaims brought against it by an industrial distributor, and denies the manufacturer’s motion to strike the industrial distributor’s jury demand as moot. The distributor did not have a franchise relationship with the manufacturer and has not made or been required to make in the future a payment to the manufacturer. While the distributor purchased demonstration equipment, it fails to prove that this was necessary.
Court: USDC Massachusetts, Judge: Gorton, Filed On: September 8, 2023, Case #: 1:22cv10051, NOS: Other Contract - Contract, Categories: Commerce, Trade, Contract
J. Barbier finds in partial favor of a marine towing company and on a seaman's claims that he suffered physical injuries while attempting to help a “green” deckhand who fell off a barge and into the water. There is no question that the seaman’s previously concealed injuries to his lower back, neck and left shoulder affect the exact same body parts as the injury at issue. However, the employer fails to prove the seaman’s request for benefits and treatment for his alleged psychological injuries were linked to any prior injuries.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: September 8, 2023, Case #: 2:22cv1209, NOS: Marine - Contract, Categories: Maritime, Negligence, Emotional Distress
J. Skahill allows plaintiff to amend class claims contending defendants fraudulently removed funds from escrow accounts to pay illegal fees. The estate did not disregard the previous scheduling order, and no undue delay occurred in adding a subclass of plaintiffs or amending the complaint. Meanwhile, defendants may challenge the sufficiency of the class representative at a later point in the litigation, and additional discovery would not be unduly burdensome.
Court: USDC New Jersey, Judge: Skahill , Filed On: September 8, 2023, Case #: 1:20cv12130, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Discovery, Class Action