110 results for 'filedAt:"2024-01-02"'.
J. Scudder finds that the lower court improperly sentenced defendant to a 15-year mandatory minimum sentence. After the Indiana Supreme Court declined to address a certified question, the panel found that defendant's conviction under Indiana's 2002 arson statute does not constitute a violent felony. Therefore, he does not qualify for the mandatory minimum under the Armed Career Criminal Act. Reversed.
Court: 7th Circuit, Judge: Scudder, Filed On: January 2, 2024, Case #: 22-2278, Categories: Firearms, Sentencing, Arson
J. Mauskopf affirms a magistrate judge’s recommendation to dismiss an advocacy group for disabled people as a plaintiff in this disability discrimination and injunctive relief lawsuit. The complaint, brought on behalf of disabled adults, alleges New York’s Office for People with Developmental Disabilities failed to develop or initiate discharge plans to help them transition into integrated community settings following their 21st birthday or after the completion of their education. The court agrees with the magistrate judge’s conclusion that the group failed to establish either representational or associational standing.
Court: USDC Eastern District of New York, Judge: Mauskopf, Filed On: January 2, 2024, Case #: 1:17cv6965, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act
J. Adams finds that the trial court properly gave effect to an heir's assignment of his share of an estate to his brother, who died after the assignment was made. An earlier proceeding in the trial court only determined the heirs' identities and their respective shares of the estate but had no bearing on assignment rights, regardless of whether the now deceased assignee had filed a statement of interest. Affirmed.
Court: California Courts Of Appeal, Judge: Adams, Filed On: January 2, 2024, Case #: B320383, Categories: Wills / Probate
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J. Jones rules in favor of the conservative group in a civil rights action brought by the voting rights nonprofit alleging that the group violated the Voting Rights Act by challenging the eligibility of individual voters during Georgia's 2021 Senate runoff election under a statute known as Section 230. Although the list of potentially ineligible voters compiled by the group "utterly lacked reliability," there is no evidence connecting the list to a voter who submitted challenges. Insufficient evidence was presented to show voter intimidation or attempted voter intimidation by the group against the voters. A challenge to one voter's eligibility was not unreasonable because there was a question about her residency. The nonprofit failed to show that the alleged election-related activities engaged in by the group, including paying whistleblowers and recruiting military veterans to intimidate voters at polls, reached or impacted any voter.
Court: USDC Northern District of Georgia, Judge: Jones, Filed On: January 2, 2024, Case #: 2:20cv302, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections
J. Sullivan finds that the district court improperly found for a class of New York City consumers who brought unjust enrichment claims against a fund providing workers' compensation benefits to "black car" and app-based livery drivers for surcharges levied on noncash tips paid by passengers because legislation establishing the fund plainly authorized surcharges on livery billings, and noncash tips are components of such invoices. Reversed.
Court: 2nd Circuit, Judge: Sullivan, Filed On: January 2, 2024, Case #: 22-2061, Categories: Class Action
J. Johnson grants the school administrators' dismissal motion and partially grants the school district's dismissal motion in this lawsuit regarding a student who was allegedly bullied by other students. The court dismisses the official capacity claims against the administrators with prejudice. Additionally, the adoptive mother, who is suing on behalf of the student, concedes that the board of education should be dismissed.
Court: USDC Northern District of Oklahoma , Judge: Johnson, Filed On: January 2, 2024, Case #: 4:19cv637, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Negligence
J. Clark finds that the lower court improperly convicted defendant of harassment for calling his neighbor's employer and falsely accusing him of exposing himself to children. The state improperly admitted defendant's telephone records into evidence without properly establishing them as business records. Reversed.
Court: Missouri Court Of Appeals, Judge: Clark, Filed On: January 2, 2024, Case #: ED110897, Categories: Evidence, Harassment
J. Henderson denies a city's petition for review of the Federal Energy Regulatory Commission's rejection of a power pool proposal regarding the shifting of electricity-related costs to certain customers. The commission properly concluded the city failed to show the rates are just and reasonable.
Court: DC Circuit, Judge: Henderson, Filed On: January 2, 2024, Case #: 22-1205, Categories: Administrative Law, Energy
J. Rowland grants Hyundai’s motion to compel arbitration in this class action represented by a frustrated customer who subscribed to “connected services,” such as an emergency SOS button, in his vehicle only to discover the 3G-based services were already obsolete and not compatible with then-modern 4G networks. Despite his grievances, the court finds the customer signed multiple binding user agreements that compel arbitration in conflicts such as this.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: January 2, 2024, Case #: 1:23cv282, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Vehicle, Class Action
J. Coleman partially denies Chicago’s motions to dismiss numerous civil rights claims brought by a city worker. The worker opposes Chicago’s Covid-19 vaccine mandate for city employees and refused to get it on religious freedom grounds, despite contracting Covid-19 in September 2020 and being hospitalized for nine days. The city denied his request for a religious exemption and, when he still refused the vaccine, was eventually put on “no pay status.” After reviewing the case, the court dismisses the employee’s 14th Amendment and Illinois Health Care Right of Conscience
Act claims, but allows his First Amendment, Illinois Religious Freedom Restoration Act, Illinois Human Rights Act and Title VII claims to stand.
Court: USDC Northern District of Illinois, Judge: Coleman, Filed On: January 2, 2024, Case #: 1:23cv650, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation, First Amendment
J. Edison recommends granting summary judgment to a bank in a foreclosure case. The bank holds a valid claim on the property at issue as the legal holder of the note, and, contrary to the property owner's argument, the statute of limitations has not run on the bank's right to foreclose on the property.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: January 2, 2024, Case #: 3:20cv354, NOS: Foreclosure - Real Property, Categories: Property, Banking / Lending
J. Huff grants a personal care company's motion to dismiss negligent product liability claims brought by a consumer who allegedly suffered injuries after using a defective wax hair remover product. The consumer goods company has provided undisputed evidence that it did not design, manufacture, label or distribute the product in California or within the United States. The product was manufactured in Spain and distributed for sale in the Canadian market. Therefore, the court lacks personal jurisdiction.
Court: USDC Southern District of California, Judge: Huff, Filed On: January 2, 2024, Case #: 3:23cv2051, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Jurisdiction
[Consolidated.] J. Boulware Eurie finds that the trial court was right to conclude that a staffing company hired by a subcontractor on public works projects was not a "laborer" under the mechanics' lien law since it was acting as an employer that bestowed labor on a work of improvement. Also, the prevailing parties were properly awarded attorney fees because the mechanics' lien law governs the payment bonds that were issued on the projects. Affirmed.
Court: California Courts Of Appeal, Judge: Boulwarie Eurie, Filed On: January 2, 2024, Case #: C096705, Categories: Construction, Contract