143 results for 'filedAt:"2023-11-17"'.
J. Pappert dismisses a father’s complaint that the Philadelphia School District violated his constitutional rights by failing to share with him a suspected child abuse report prepared by a school counselor about his son. The father, acting pro se, failed to state a claim for relief.
Court: USDC Eastern District of Pennsylvania, Judge: Pappert, Filed On: November 17, 2023, Case #: 2:23cv1344, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Education, Jurisdiction
J. Broomes rules the U.S. Department of Labor may pursue overtime violations against a restaurant. The restaurant employees, both servers and line cooks, sufficiently showed in court that the restaurant operator failed to pay overtime wages at the correct rate.
Court: USDC Kansas, Judge: Broomes, Filed On: November 17, 2023, Case #: 6:22cv1004, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Contract, Labor
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Graves finds the district court improperly revoked defendant's supervised release. Although defendant's criminal mischief charge was dismissed, revocation was pursued, which denied him his right to confront and cross-examine adverse witnesses without good cause. Reversed.
Court: 5th Circuit, Judge: Graves , Filed On: November 17, 2023, Case #: 23-20381, Categories: Sex Offender, Due Process, Child Victims
J. Lanza grants a class of employees' motion for preliminary certification for Fair Labor Standard Act claims brought against an appliance company. The delivery and installation employees, former and current, sufficiently showed in court that the employer underpaid them after classifying them as independent contractors without prior negotiations.
Court: USDC Arizona, Judge: Lanza, Filed On: November 17, 2023, Case #: 2:22cv798, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Richard Nelson denies the trademark claimants' motions for a permanent injunction and for attorney fees and the trademark defendant's motion for a judgment as a matter of law or for a new trial or remittur. A reasonable jury could find that the trademark defendant directly copied its competitor's parabolic heater's manual for its own product's manual, so its verdict stands. The jury's award of maximum statutory damages was also reasonable. The defendant has not distributed the manual at issue for years, so the trademark plaintiff's claimed harms are too speculative to warrant an injunction. The trademark defendant's arguments were also not so unreasonable or meritless as to justify an award of attorney fees.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: November 17, 2023, Case #: 0:18cv3321, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees, Injunction
J. Conti finds that SoClean may pursue certain defamation claims concerning statements defendants made at a 2021 trade show which blamed ozone-based cleaning products for causing defendants' sleep apnea ventilators to release cancerous gasses as the machines degrade. SoClean proved the statements caused it to lose all but one major distributors, even though defendants were aware that there had been no established correlation between the use of ozone-based cleaning products and the degradation of polyurethane foam. Further expert testimony is required to determine the extent of the additional defamation claims.
Court: USDC Western District of Pennsylvania, Judge: Conti, Filed On: November 17, 2023, Case #: 2:22cv542, NOS: Other Statutory Actions - Other Suits, Categories: Defamation, Product Liability, Business Practices
Per curiam, the appellate division finds that the trial court improperly enjoined the state from enforcing and readopting regulations related to quarantine procedures during the Covid-19 pandemic after three state lawmakers claimed the regulations violated the separation of powers doctrine. The alleged injuries were institutional, and the lawmakers had not been personally subjected to isolation or quarantine.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: CA 22-01133, Categories: Civil Rights, Covid-19
J. Fuller finds that the trial court improperly refused to rule in favor of the foundation and the lessor in a premises liability and negligence action brought by a mother arising from her son's shooting death on a university campus. The lessor is an out-of-possession landlord and cannot be held liable for the son's death while visiting friends at student housing. Clauses in the lease requiring the lessor to provide utilities and make repairs do not establish a degree of possession or control that would subject the lessor to liability. Reversed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: November 17, 2023, Case #: A23A1199, Categories: Negligence, Premises Liability
Per curiam, the appellate division finds that the trial court properly convicted defendant of sexual assault against a child because the victim's testimony about lyrics from a song that had been playing during the assault helped confirm the event, and the court did not abuse its discretion by allowing the mother of one of the victims to testify. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: KA 22-01638, Categories: Evidence, Sex Offender
Per curiam, the appellate division finds that the trial court improperly compelled the board of directors for the public benefit corporation to present a proposal for a bid to work on a development project. The petition was untimely since the developer demanded that the board consider the incentive proposal more than four months after completing the project.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: CA 22-01665, Categories: Civil Procedure, Construction
Per curiam, the appellate division finds that the trial court improperly allowed breach of statutory services claims to continue in an action contending a physical education teacher sexually abused an elementary school student because the teacher was not "legally responsible" for the student's care under social services law, and thus the school had no requirement to report suspected abuse. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: CA 22-01031, Categories: Education, Negligence
J. Stargel grants the attorneys' writ of certiorari to quash the trial court's order denying the motions for admission to appear pro hac vice in an underlying case. The orders do not specify the permissible basis of denial orally or written and shall be remanded back to the trial court.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: November 17, 2023, Case #: 6D23-1598, Categories: Civil Procedure
J. Delaney finds the trial court properly denied defendant's motion to suppress during his drug case. Testimony from several confidential informants and a 14-month ongoing investigation by police that included several controlled buys were sufficient to establish probable cause for a search warrant at defendant's residence. Furthermore, DNA evidence from various items at the home used to manufacture drugs and testimony from eyewitnesses who purchased drugs from defendant were sufficient to convict defendant of all the trafficking charges. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: November 17, 2023, Case #: 2023-Ohio-4160, Categories: Drug Offender, Evidence, Search
J. Pate finds the superior court properly dismissed a lawsuit because it failed to state a claim upon which relief may be granted for defendant, who was sentenced to 104 years in prison for kidnapping and murder. The “proper vehicle…would be an application for post-conviction relief.” Affirmed.
Court: Alaska Supreme Court, Judge: Pate, Filed On: November 17, 2023, Case #: S-18511, Categories: Murder, Sentencing, Kidnapping
J. Hickey grants a sheriff department's motion to dismiss claims of violating the constitution for using the “Precision Immobilization Technique maneuver” alleged by a surviving wife whose husband died in a vehicle crash, after leaving an event intoxicated, with sheriffs following after. The widow failed to give evidence that a PIT maneuver was performed by the officers, so her unconstitutional policy claim fails.
Court: USDC Western District of Arkansas , Judge: Hickey, Filed On: November 17, 2023, Case #: 1:22cv1027, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Wrongful Death, Police Misconduct
J. Lambert finds that the planning commission properly approved Verizon's application for the construction of a new cellular antenna tower because the tower would not affect the historic integrity of a local Native American academy, and the landowner was allowed to object to the decision. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Lambert, Filed On: November 17, 2023, Case #: 2021-CA-1163-MR, Categories: Property, Zoning
J. Prescott finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus on ineffective assistance claims. Although police began downloading data from his cell phone before a judge signed their search warrant, none of the data was examined prior to the issue of the warrant, while police also had multiple avenues to obtain calls and texts between the inmate and his co-conspirator, all of which would have rendered any motion to suppress futile. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: November 17, 2023, Case #: AC45712, Categories: Habeas, Ineffective Assistance, Murder
J. Trauger denies the request for a preliminary injunction in this class action concerning the metropolitan government's sidewalk ordinance, which was found to be in violation of the Takings Clause, and the government's subsequent claims procedure for businesses seeking reimbursement. The plaintiff builders seek to enjoin the government's policy of requiring releases "in exchange for payments made to individuals and businesses" related to the ordinance. However, the parties agreed to certain revisions to the claim form, rendering the request for prospective injunctive relief "largely" moot.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: November 17, 2023, Case #: 3:22cv924, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Real Estate, Class Action