82 results for 'filedAt:"2023-10-02"'.
J. Selna grants a bank's motion to dismiss a shareholder's allegations of fraud under the Financial Institutions Reform, Recovery, and Enforcement Act following the Silicon Valley Bank failure. The shareholder alleges that the bank was taken over by regulators just days after representing that it had strong business fundamentals, that bank officers misrepresented the facts and that they did not disclose in updates that FDIC examiners had raised concerns. The shareholder has not exhausted his administrative remedies.
Court: USDC Central District of California, Judge: Selna, Filed On: October 2, 2023, Case #: 8:23cv1206, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Securities
J. Kelly finds a lower court properly convicted a defendant on one count of aggravated sexual abuse of a child that was 12 or under, and one count of abusive sexual contact. The defendant argued that his concurrent 360 month and 120 month sentences are unreasonable, as well as the imposition of five years probation. However, the government presented sufficient evidence in court that his daughter disclosed the abuse to a school counselor, who testified that the child was "self- harming," "crying and shaking," and "came out with everything." Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: October 2, 2023, Case #: 22-1590, Categories: Evidence, Sentencing, Child Victims
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J. Williams grants the employer's motion for summary judgment, ruling the employee cannot make a prima facie case for FMLA retaliation because she admits she never felt she was fired for taking leave, while the proximity between her leave request and termination is insufficient on its own to establish a claim. The employee presented her claim under the distraction theory but presented no evidence the employer or her supervisors made comments that she would be unable to focus on her work if she took FMLA leave to care for her mother; rather, the employee presents arguments for the employer's alleged failure to accommodate her leave, but brought no such claims in her suit.
Court: USDC Connecticut, Judge: Williams, Filed On: October 2, 2023, Case #: 3:21cv395, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
Vice Chancellor Will finds that a tobacco company that sold off four of its brands while paying legacy settlement payments to Florida should be granted summary judgment requiring that the buyer indemnify the company for annual payments, though not for certain fees paid to Florida lawyers. Fact intensive issues not appropriate for review under summary judgment should be resolved at trial.
Court: Delaware Chancery Court, Judge: Will, Filed On: October 2, 2023, Case #: 2017-0129-LWW, Categories: Settlements, Indemnification, Contract
J. Fuller finds the trial court improperly granted summary judgment to the hospital in the victim's lawsuit seeking to hold the hospital liable for her rape by three men while she was on a ventilator in the hospital's intensive care unit. The district court incorrectly ruled the victim's rape was not reasonably foreseeable as a matter of law, as whether or not it was foreseeable needs to be handled by a fact-finder and a jury could conclude that five prior incidents of reported sexual misconduct against hospital patients, which the district court dismissed as "not substantially similar" to the victim's case, could create a reason for the hospital to anticipate such a rape could happen and thus make it liable. Reversed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: October 2, 2023, Case #: A23A1051, Categories: Tort, Premises Liability
J. Wilson finds the district partially court erred in its summary judgment decision on remanded claims in a property dispute between the city and a Buddhist religious organization seeking to re-zone its property away from residential use to operate a meditation center. The district court should not have granted summary judgment to either party on the organization's claim under the Religious Land Use and Institutionalized Persons Act, as there are too many disputed facts remaining with the organization's substantial burden claim under the Act, so that portion of the district court's order in favor of the city is vacated. The district court properly granted summary judgment to the city on the organization's First Amendment free exercise claim because the city's zoning review process is neutral and generally applicable, so that is upheld, but the summary judgment order for the city on the organization's claim under the Alabama Constitution's Religious Freedom Amendment is overturned because the city has proven no compelling government interest to deny the organization's re-zoning application. Affirmed in part.
Court: 11th Circuit, Judge: Wilson, Filed On: October 2, 2023, Case #: 22-11674, Categories: Property, Zoning, First Amendment
Per curiam, the Fifth Circuit finds the district court improperly granted the city's motion for summary judgment as to this employment retaliation claim brought by the employee who was terminated for being late after having taken medical leave due to a loss of childcare services during the Covid-19 pandemic. Failure to show up for work on one day does not meet the city personnel manual’s definition of “job abandonment,” which requires three consecutive days of unexplained absence. These facts could lead a reasonable jury to find that the city’s proffered reason for terminating the employee was pretextual. Reversed and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 2, 2023, Case #: 22-11163, Categories: Covid-19, Employment Retaliation
J. Estudillo finds in favor of the city against the mother's complaint that the city's officer erred when he fatally shot her son, who was in the midst of a mental health crisis. The officer has qualified immunity against the mother's Fourteenth Amendment claim that he should have deliberated before shooting the son, because the son lunged at the officer with a knife while saying, “Just do it, just do it," which made deliberation impractical.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: October 2, 2023, Case #: 3:21cv5458, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Nega holds that Hyatt’s gross revenue from a travel rewards program for its customers was includible and not an accounting method nor a trading stamp method.
Court: U.S. Tax Court, Judge: Nega, Filed On: October 2, 2023, Case #: 2023-122, Categories: Tax
J. Watkins finds the trial court properly denied defendant's motion for a new trial after he was found guilty of misdemeanor harassment in connection with aggressive and threatening e-mails he sent to staff at a veterinary hospital that terminated him as a client and reported to a state animal services agency that he was neglecting his dog he brought into the hospital with rotting sores and maggots on her skin. In part because defendant has failed to disprove that the weight of the evidence supported his conviction and prove the court erred by admitting into evidence pictures of his dog's condition, and in part because his double jeopardy and ineffective assistance claims also fail, the trial court's decision stands. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: October 2, 2023, Case #: A23A0793, Categories: Evidence, Ineffective Assistance, Harassment
J. Williams grants the surgeon's motion for summary judgment on the coworker's assault and battery claims, ruling that while there is no question of fact she touched or grabbed the coworker, there is no allegation of any intent to cause harm, which would be required on either of the claims. Meanwhile, the employer is entitled to summary judgment on negligent hiring and retention claims because in the surgeon's 10-year employment history, there had been no reports of any violent behavior, which prevents the coworker from proving it should have known the surgeon was prone to such outbursts or conduct.
Court: USDC Connecticut, Judge: Williams, Filed On: October 2, 2023, Case #: 3:20cv186, NOS: Employment - Civil Rights, Categories: Employment, Assault
J. Fuller finds the trial court properly dismissed the parents' medical malpractice and wrongful death lawsuit against the health care system and doctors over their daughter's death two weeks after receiving care at the system's facilities for two days. In part given the timing of the filing of the parents' complaint, underlying statutes of limitation and filing deadlines, and the brief suspension of such deadlines during the Covid-19 pandemic in 2020, the trial court correctly determined the parents had not satisfied a Georgia-law requirement that they timely file an expert affidavit with their complaint, mandating dismissal. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: October 2, 2023, Case #: A23A0631, Categories: Civil Procedure, Wrongful Death, Medical Malpractice
J. Walker denies two veterinary companies’ motion to refer questions to the register of copyright who registered one of a software company’s products. The veterinary companies fail to be persuasive that referring their questions to the register would have any beneficial impact on the litigation.
Court: USDC Maine, Judge: Walker, Filed On: October 2, 2023, Case #: 2:21cv97, NOS: Copyrights - Property Rights, Categories: Copyright, Technology
J. Pulliam finds a San Antonio officer is entitled to qualified immunity in a civil rights lawsuit stemming from a deadly police shooting. The victim in the shooting, a young woman who was walking near a school with a BB gun, may have had “no malintent” in reaching for the BB gun during a police encounter, but regardless she made a “clear, deliberate and indisputable effort to reach for it,” giving the officer probable cause for use of deadly force.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: October 2, 2023, Case #: 5:21cv281, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct