103 results for 'filedAt:"2023-11-20"'.
J. Gallagher denies as moot a coalition of individual Black voters and two civil rights organizations motion for summary judgement in this Voting Right Act lawsuit against a town. The voters allege that the at-large method of electing members to the town council causes improper dilution of their votes, because the white voters still control three of the four seats. The claims are dismissed and moot because the court has no power to render the at-large method and the nominal damages request was belated.
Court: USDC Maryland, Judge: Gallagher, Filed On: November 20, 2023, Case #: 1:23cv484, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections
Vice Chancellor Will grants limited access to a public holding company's books and records after a captive insurance subsidiary issued extraordinary dividends since the purpose is limited to valuation. While most information is publicly available, certain recent board minutes and formal communications with the Department of Insurance should be made available for inspection.
Court: Delaware Chancery Court, Judge: Will, Filed On: November 20, 2023, Case #: 2022-1067-LWW, Categories: Insurance, Discovery
J. Scanlon denies a motion for sanctions against the Metropolitan Transit Authority and the New York City Transit Authority for producing a witness for deposition who lacked knowledge and was generally unprepared to answer questions related to the case. The litigant, a university student visiting from Brazil, sued city authorities after she was struck by a subway train, which resulted in the amputation of both her left arm and left leg. The court finds her motion almost frivolous; the deposition itself far exceeded the court’s orders to limit the scope, and in some instances were inappropriate in the context, and she further fails to demonstrate the testimony was egregious lacked specificity.
Court: USDC Eastern District of New York, Judge: Scanlon, Filed On: November 20, 2023, Case #: 1:22cv4550, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Sanctions, Tort
J. Whitney dismisses an employee’s ADA discrimination claims against his former employer, an industrial compressed air and fluid processing firm. The employee, whom the firm was aware suffered from kidney failure, has not presented sufficient evidence that the firm fired him after he left early one day after vomiting.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: November 20, 2023, Case #: 3:23cv472, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
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J. Garcia finds that the appellate division properly held that a local law prohibiting police from using certain restraints while making arrests is not constitutionally vague and falls within municipal authority. The law, which was enacted in response to the deaths of George Floyd and Eric Garner, supplemented rather than supplanted state use-of-force laws. Affirmed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: November 20, 2023, Case #: 82, Categories: Municipal Law, Labor / Unions
[Modified.][Consolidated.] J. Greenwood makes two small modifications with no change in judgment. The trial court erroneously found that a city's response to public records requests by a legal advocacy group violated the Public Records Act. The group's claim is moot because the city has produced all responsive nonexempt footage of a police operation to clear homeless encampments from water district property. However, the trial court properly rejected the group's claim that the city violated the Act by destroying body-worn camera footage while the group's public records requests were pending, as the Act does not require public agencies to retain all records that might be requested. Reversed in part.
Court: California Courts Of Appeal, Judge: Greenwood, Filed On: November 20, 2023, Case #: H049552, Categories: Public Record
J. Brennan denies the former employee's motion to vacate an arbitration award, ruling that while he may not have explicitly agreed to use electronic signatures during the arbitration process, the rules established by Financial Industry Regulatory Authority do not require wet signatures and, therefore, the e-signatures comply with all applicable requirements and validate the award.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: November 20, 2023, Case #: 1:22cv1412, NOS: Arbitration - Other Suits, Categories: Arbitration, Civil Procedure
J. Rovner finds that the lower court properly found for the Defense Department on an employee's disability discrimination claims. The employee's position as a teacher at an Army base in Europe requires her to show up to work in-person, and her need to miss up to two hours each morning due to migraines shows she cannot perform this essential function of her job. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: November 20, 2023, Case #: 22-2566, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Simler finds a lower court properly dismissed a Somali national's civil rights claims against the home department. The Somali national argued that the home department is obligated to secure mental health care services on his behalf because he suffers from relapses of psychotic behavior and depression, which were aggravated by a delay in obtaining refugee status. However, the government sufficiently showed in court that it did not violate his civil rights by unintentionally delaying proceedings. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Simler , Filed On: November 20, 2023, Case #: CA-2022-1350, Categories: Health Care, Immigration
J. Ellison construes disputed terms in a patent suit filed by the creators of smart home technology. The creators' construction for almost all disputed terms, including "access browser," "control terminal," "input of Uniform Resource Locators" and others, is accepted and, therefore, the terms will be given their plain and ordinary meaning.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: November 20, 2023, Case #: 4:22cv1973, NOS: Patent - Property Rights, Categories: Patent, Technology
J. Dale denies an aviation group's motion to intervene as defendants in a matter in which environmental groups challenge the government's actions to authorize and maintain allegedly unlawful private aircraft landings within the Big Creek watershed of the Frank Church-River of No Return Wilderness in central Idaho. The aviation group's members use the landing strips. The aviation group has not shown that it has inadequate representation by the state or Forest Service.
Court: USDC Idaho, Judge: Dale, Filed On: November 20, 2023, Case #: 1:23cv295, NOS: Environmental Matters - Other Suits, Categories: Environment, Aviation
J. Stevens grants a writ of mandamus to the parents seeking to vacate the court's temporary order granting the grandmother managing conservatorship of the child with the right to decide the primary residence. There were no findings that either parent was unfit or that they voluntarily surrendered possession of the child.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: November 20, 2023, Case #: 06-23-00085-CV, Categories: Civil Procedure, Family Law
J. Bjorkman affirms the district court's partial denial of the county's claim to recover medical assistance funds from the estate of a deceased long-term care patient. A Minnesota statute limits such estate-recovery claims to amounts paid for the long-term care services actually provided to the decedent. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Bjorkman, Filed On: November 20, 2023, Case #: A23-0210, Categories: Medicaid, Wills / Probate
J. Grasz finds a lower court properly denied a defendant's motion to suppress evidence after he pleaded guilty to possessing meth. The defendant argued that police officers searched his vehicle without consent. However, the government sufficiently showed in court that the car he was driving was stolen, and that the search was proper under the "automobile exception." Affirmed.v
Court: 8th Circuit, Judge: Grasz, Filed On: November 20, 2023, Case #: 22-2930, Categories: Drug Offender, Evidence, Theft
J. Couldon grants the Maryland’s attorney general motion to dismiss in the suit they face from a resident challenging the constitutionality of state laws that criminalize harassment via phone and electronic mail. The resident failed to explain the legal basis asserting the circumstances that the violations would be unconstitutional and lacks a plainly legitimate sweep. Therefore, this case is directed to be closed.
Court: USDC Maryland, Judge: Coulson, Filed On: November 20, 2023, Case #: 1:23cv1376, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Tort
J. Wolford temporarily stays claims contending plaintiff was injured after a vehicle being driven by an employee of Trion Solutions collided with plaintiff's vehicle, which caused both cars to crash into a tractor-trailer, because the case had been timely removed.
Court: USDC Western District of New York, Judge: Wolford , Filed On: November 20, 2023, Case #: 1:23cv574, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Procedure, Insurance, Negligence
J. Cannataro finds that the tax appeals tribunal properly determined that a company's former president and majority shareholder had been responsible for collecting and paying employee withholding taxes. Although relieved of duties by a silent investor, the president had sworn to actual authority and power to pay the taxes at the time, and ample evidence supported the holding that he willfully failed to pay such. Affirmed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: November 20, 2023, Case #: 86, Categories: Tax
J. Byrne finds the trial court properly admitted evidence regarding defendant's background in mixed martial arts training because the testimony did not constitute other acts evidence that would have prejudiced the jury or prove he was more likely to commit the assault with which he was charged. Meanwhile, the jury's decision to reject defendant's theory of self-defense was not unreasonable because the victim denied owning a knife or using one to attack him, while defendant's story changed repeatedly throughout the case and was not supported by any of the physical evidence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: November 20, 2023, Case #: 2023-Ohio-4170, Categories: Evidence, Assault, Self Defense
J. Scanlon approves a settlement agreement to resolve a class action lawsuit filed by all current and future Supplemental Security Income recipients that alleges the Social Security Administration improperly assessed overpayment charges stemming from a new agency rule that waived overpayment debts accrued during the Covid-19 pandemic. The agreement, which did not seek monetary relief, waives all overpayment debts accrued by recipients between March and September 2020. The court further awards the recipients approximately $270,000 in attorney fees and costs.
Court: USDC Eastern District of New York, Judge: Scanlon, Filed On: November 20, 2023, Case #: 1:21cv5143, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Covid-19, Attorney Fees, Class Action
J. Pitman grants an injunction to Department of Labor after it sued a mining company in an effort to enforce requirements on regular mine inspections. The mining company argued the mine had ceased operations and therefore should not be subject to such requirements, but federal officials have already determined that the site meets the technical definitions of a surface mine, and this classification “should be treated as conclusive.”
Court: USDC Western District of Texas , Judge: Pitman, Filed On: November 20, 2023, Case #: 1:23cv1147, NOS: Other Statutory Actions - Other Suits, Categories: Government, Labor, Injunction
J. Burke grants summary judgment and denies as moot an insurer’s motion to strike expert testimony in a homeowner’s hailstorm damage dispute. The insurer argues the homeowner had cancelled his policy before the damage occurred and the claim was properly denied. The expert was from AccuWeather, and his reports are relevant to the case but there was no evidence to change the decision for summary judgment. This case shall be dismissed without prejudice.
Court: USDC Northern District of Alabama , Judge: Burke, Filed On: November 20, 2023, Case #: 5:22cv289, NOS: Insurance - Contract, Categories: Insurance, Experts
J. Solomon finds that the appellate division should have allowed the prosecution to admit defendant's statements in her trial on assault by auto charges brought after she drove into two police cruisers and a police officer. While being held in custody at the hospital, defendant said she "only had two shots prior to the crash," at which point she had not been subjected to custodial interrogation. Reversed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: November 20, 2023, Case #: A-36-22, Categories: Miranda, Assault, Dui