109 results for 'filedAt:"2023-12-12"'.
J. Seabright dismisses claims against the president, several states and their attorney generals blaming them for a self-representing individual’s student loan debt, finding that they all possess 11th Amendment immunity from the claims.
Court: USDC Hawaii, Judge: Seabright, Filed On: December 12, 2023, Case #: 1:23cv470, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Debt Collection, Government
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J. Richardson grants, in part, the employee's motion to compel discovery, ruling the lack of preparation on the part of the employer's executive regarding specific questions allows for an additional deposition, but only to ascertain answers to those questions.
Court: USDC Connecticut, Judge: Richardson, Filed On: December 12, 2023, Case #: 3:20cv1716, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Procedure, Discovery
J. Groh grants the Secretary of Veterans Affairs' motion to dismiss the former nursing assistant's suit claiming her termination from the Martinsburg Veterans Affairs Medical Center was racially motivated. The allegations raised in the current suit - filed more than four years after receiving her "right-to-sue" letter from the U.S. Equal Employment Opportunity Commission - are no different from the ones raised in her two prior complaints that were dismissed for her failure to allege sufficient facts to back-up her claims.
Court: USDC Northern District of West Virginia, Judge: Groh, Filed On: December 12, 2023, Case #: 3:22cv154, NOS: Employment - Civil Rights, Categories: Government, Health Care, Employment Discrimination
J. Strickland grants the "medically fragile" minors' motion for class certification on their claims against the New Mexico Human Services Department regarding its alleged failure to provide private duty nursing staff, as required under the Medicaid Act. Testimony from health care providers established the requisite number of patients and shortfall of nursing care to satisfy commonality and numerosity requirements, while the differences in care requirements for the class members are not so distinct as to require individualized representation.
Court: USDC New Mexico, Judge: Strickland, Filed On: December 12, 2023, Case #: 1:22cv325, NOS: Other Contract - Contract, Categories: Health Care, Medicaid, Class Action
J. Cadish finds the district court properly denied the correctional officer's petition for judicial review of an administrative decision. The officer was suspended for 5 days for insubordination and says the department received a time extension without good cause while conducting its investigation. Though the extension was given strictly for the department to decide the length of the suspension, and done after the investigation had been completed, the proposed discipline is part of the process of review and subject to the same rules and needs. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: December 12, 2023, Case #: 85257, Categories: Administrative Law, Employment, Due Process
J. Hassan finds that the trial court properly ruled in favor of the county in a property owner's bill of review petition that sought to set aside a final judgment for delinquent taxes. The owner failed to challenge the issue of mootness raised in the county's plea to the jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: December 12, 2023, Case #: 14-23-00008-CV, Categories: Property, Tax, Jurisdiction
[Consolidated] J. Gurich finds the Workers Compensation Commission improperly denied payment on its award for permanent partial disability. The commission interpreted a certain statute to limit permanent partial disability benefits to 350 weeks, even though the claimant had not yet reached 100 percent impairment. The 100 percent limitation controls where a claimant has compensable awards for job-related injuries. Vacated.
Court: Oklahoma Supreme Court, Judge: Gurich , Filed On: December 12, 2023, Case #: 120189, Categories: Due Process, Workers' Compensation
J. Pfeiffer finds that the lower court properly found for a legislative analyst who claims he was fired for his anxiety issues, which led him to ask for an accommodation to allow him to work in a quiet office space. The analyst presented substantial evidence that he never had any performance issues, and that his requested accommodation of an office with a door to prevent repeated interruptions and reduce noise was reasonable. The matter is remanded to allow the lower court to calculate attorneys fees owed to the analyst for prevailing on appeal. Affirmed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: December 12, 2023, Case #: WD85799, Categories: Ada / Rehabilitation Act, Employment Discrimination, Attorney Fees
J. Childs upholds the district court's dismissal of a former FBI agent’s due process claims arising from his termination, which occurred following an investigation into his mishandling of allegations of molestation against USA Gymnastics doctor Lawrence Gerard Nassar. The agent fails to adequately plead a deprivation of a liberty or property interest without due process, and also does not show he suffered defamation in connection with his termination. Affirmed.
Court: DC Circuit, Judge: Childs, Filed On: December 12, 2023, Case #: 22-5264 , Categories: Employment, Defamation, Due Process
J. Grant finds that the district court properly found in favor of the employee in a race and sex discrimination action and correctly denied the employer's renewed motion for judgment as a matter of law or for a new trial. The employee, a Black woman, alleged that white and male employees were treated differently and that the employer's reasons for firing her were pretextual. The jury found that the employer intentionally discriminated against the employee. The employer failed to show why the evidence was insufficient to support the verdict and instead merely argued that the employer's comparators were inadequate. Affirmed.
Court: 11th Circuit, Judge: Grant, Filed On: December 12, 2023, Case #: 21-13245, Categories: Employment Discrimination
J. Kornmann dismisses a matter involving a Clay County Planning and Zoning Commission grant of a Conditional Use Permit (CUP) to a living trust to develop land. A group of individuals who regularly use and enjoy a particular stretch of the Missouri River filed an appeal of the CUP contending that the appeal should have been heard by the Clay County Board of Commissioners. The individuals claim this appeals process is a violation of state law and county ordinance. The matter is dismissed for failure to state a claim.
Court: USDC South Dakota, Judge: Kornmann, Filed On: December 12, 2023, Case #: 4:22cv4177, NOS: Other Civil Rights - Civil Rights, Categories: Property, Trusts
J. Ahuja finds that the lower court properly denied the lender's motion to compel arbitration on a borrower's counterclaims that the lender sold her a defective vehicle and illegally charged her $1800 for an extended warranty. The lender waived its right to compel arbitration of these claims by engaging in substantial litigation for over a year before making its motion. Affirmed.
Court: Missouri Court Of Appeals, Judge: Ahuja, Filed On: December 12, 2023, Case #: WD86185, Categories: Arbitration, Banking / Lending
J. Moore finds that defendant's murder conviction was supported by sufficient evidence of implied malice: high blood-alcohol level, predrinking intent to drive, knowledge of the hazards of DUI and highly dangerous driving. Also, he failed to show that vehicular manslaughter is a lesser included offense of a murder charge, and the trial court was not obligated to give the jury an instruction on the lesser related offense of gross vehicular manslaughter while intoxicated. Affirmed.
Court: California Courts Of Appeal, Judge: Moore, Filed On: December 12, 2023, Case #: G061812, Categories: Dui, Vehicular Homicide, Jury Instructions