118 results for 'filedAt:"2024-01-05"'.
J. Engelmayer finds for the government agency in a computer scientist's challenge to the government's decision to deny him an "extraordinary ability" visa. The agency reasonably did not give much credence to the man's high school awards, and found that none of the newspaper articles published in Azerbaijan about him amount to "major media." Further, the agency reasonable concluded that while the man's work "shows promise," he has not established that it already qualifies as having major significance in his field.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: January 5, 2024, Case #: 1:23cv3372, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Immigration, Agency
J. Thacker finds the lower court improperly awarded attorney's fees to the Egyptian immigrant's neighbors. The immigrant suffered a year-long harassment campaign from her neighbors including vulgar text messages and threatening comments. The case was not without cause as the Home Owners' Association president told the immigrant that the neighbors were giving her problems due to her wearing a hijab giving her enough reason to believe she was being discriminated against based on her religion and place of origin. Vacated.
Court: 4th Circuit, Judge: Thacker, Filed On: January 5, 2024, Case #: 21-1284, Categories: Attorney Fees
Vice Chancellor Will denies an injunction pending appeal of the post-trial opinion finding that a shareholder failed to meet advance notice bylaws in nominating board directors because delaying the shareholder meeting would be inequitable, and an injunction pending appeal is unwarranted under the "Kirpat" factors
Court: Delaware Chancery Court, Judge: Will, Filed On: January 5, 2024, Case #: 2023-0879-LWW, Categories: Civil Procedure, Injunction
J. Oliver finds that the trial court properly determined that claim preclusion barred quiet title and unjust enrichment claims brought by a debtor facing foreclosure. His claims were based on the same transaction underlying earlier litigation that ended in dismissal. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: January 5, 2024, Case #: 20220434-CA, Categories: Property, Banking / Lending
J. Rice denies third-party plaintiff Travelers' motion for summary judgment for the lawsuit asserting that third-party defendant Flawless Walls must indemnify the former for the loss it incurred when settling the bond in an underlying lawsuit. Flawless produces sufficient evidence to question whether Travelers acted in bad faith in the underlying lawsuit, such as producing statements of position that it provided to Travelers describing how it managed to substantially perform the work despite the "rocky and tenuous working relationship" with Jackson Contractor Group.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: January 5, 2024, Case #: 2:22cv178, NOS: Insurance - Contract, Categories: Insurance, Contract
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J. Orme holds that defendant is entitled to a new trial on rape of a child and aggravated sexual abuse of a child counts because trial counsel failed to request a unanimity jury instruction. However, his challenges to the evidence supporting his conviction for object rape of a child are insufficient. Reversed in part.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: January 5, 2024, Case #: 20190593-CA, Categories: Sex Offender, Child Victims
J. Robart dismisses the registered nurse's lawsuit accusing the hospital of writing a negative performance review in retaliation for her disability accommodation request and report of sexual harassment in the workplace. The nurse's complaint is "not a model of clarity," as it does not present clear evidence that the hospital failed to take immediate action to address the sexual harassment against her, nor does the nurse produce evidence that the hospital intended to discriminate against her due to her disability.
Court: USDC Western District of Washington, Judge: Robart, Filed On: January 5, 2024, Case #: 2:22cv536, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Johnson finds the trial court correctly ruled in favor of the defendants in a challenge to a local political candidate’s ballot access. The candidate was not timely informed of the challenge, which had been filed and scheduled for trial fewer than 24 hours before the trial took place, because the elections office did not post the notice in a conspicuous place nor made any effort to notify the candidate other than attempting to call him on the phone. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: January 5, 2024, Case #: 24-CA-2, Categories: Elections, Due Process
J. Wilkinson finds the lower court properly granted the investigator summary judgment regarding the teenager's First, Fourth, and Fourteenth Amendment claims. A woman who had been raped and robbed called the police and identified the teenager as one of the two men responsible. DNA eventually showed that the teenager was likely not involved but the investigator had probable cause to interrogate him based on the victim's identification. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: January 5, 2024, Case #: 22-1788, Categories: Burglary, Prosecutorial Misconduct, Sex Offender
J. Vertefeuille finds the lower court properly granted the city's motion for summary judgment on disability discrimination claims filed by the applicant for the police officer position. Although it knew of his disability based on his previous employment, there was no evidence in the record to indicate this was the basis for his rejection. Rather, the applicant failed to submit a required physical fitness evaluation document with his application, and because all of the applicants who failed to submit the document were rejected, the claim of discrimination was entirely speculative. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Vertefeuille, Filed On: January 5, 2024, Case #: AC45802, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Sargus denies the pilots' union's motion for a preliminary injunction, ruling that while emails sent by the private jet company's corporate officers to discourage certain union activity were "strong critiques" of the union and its bargaining positions, they did not rise to the level anti-union animus required to invoke this court's jurisdiction, while the company's willingness to continue negotiations on a bargaining agreement require dismissal of the union's claims.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: January 5, 2024, Case #: 2:23cv1404, NOS: Railway Labor Act - Labor, Categories: Jurisdiction, Labor / Unions, Injunction
J. Bright finds the trial court properly found the development company was entitled to $75,000 in escrow funds in an interpleader action. The property owner's decision to obtain an easement on one of the properties to allow a zoning variance on the other exceeded the scope of his authority as the developer's agent and was a violation of the parties' escrow agreement. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: January 5, 2024, Case #: AC45407, Categories: Real Estate, Contract
J. McCool grants the state's petition for a writ of mandamus, in which it challenges an order in the lower court granting a request for an extension to file a Rule 32 petition for postconviction relief in this capital murder case. The state argues, and the court agrees, that the judge lacked the authority under the Fair Justice Act "to grant a 270-day extension of time." Additionally, the state lacks "another adequate remedy."
Court: Alabama Court of Criminal Appeals, Judge: McCool, Filed On: January 5, 2024, Case #: CR-2023-0825, Categories: Criminal Procedure, Death Penalty
J. Clark finds the trial court violated the husband's due process rights when it failed to conduct a full hearing after it granted the wife's motion to reopen the parties' dissolution agreement because of issues regarding a disability insurance policy. The husband was the only witness who could provide evidence to contradict the wife's claim she was entitled to a portion of the insurance benefits, and because the court refused to allow either party to question the husband, it lacked the authority to issue its eventual restructuring of monetary obligations. Reversed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: January 5, 2024, Case #: AC45315, Categories: Family Law, Fraud, Due Process
J. Miller finds that the trial court improperly granted a debt collector's anti-SLAPP motion and dismissed a debtor's unfair debt collection and unfair competition claims, which alleged the debt collector used bogus documents to show it owned the debt. The litigation privilege does not apply to most Rosenthal Act unfair debt collection claims. On remand, the trial court should consider the probability of the debtor prevailing on her claims and whether the civil procedure public interest exception should apply. Reversed.
Court: California Courts Of Appeal, Judge: Miller, Filed On: January 5, 2024, Case #: E078871, Categories: Anti-slapp, Debt Collection
J. Welbaum finds the joint property owner was able to bring a contract action against his partner despite no formal accounting of the parties' joint venture. Under Ohio law, a simplistic venture like the one at issue here, which involved a single real estate transaction, does not require accounting procedures before litigation. Meanwhile, a previous judgment against the partner precluded him from bringing claims related to a "quit letter" against the property owner because that issue had already been decided and, therefore, was barred by res judicata. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: January 5, 2024, Case #: 2024-Ohio-24, Categories: Civil Procedure, Real Estate, Contract
J. Nathan finds that the district court properly dismissed a constitutional challenge to a New York City law protecting workers at large fast food restaurants from arbitrary firing and reduced hours. Preemption by national law governing the collective bargaining process does not apply, since the local statute establishes minimum protections for individual workers. Meanwhile, statute does not discriminate against interstate commerce because all fast food chains which meet the minimum location benchmark are affected, whether based in- or out-of-state. Affirmed.
Court: 2nd Circuit, Judge: Nathan, Filed On: January 5, 2024, Case #: 22-491, Categories: Municipal Law, Preemption, Labor
J. Bucklo grants the sued industrial equipment manufacturer’s motion for summary judgment on the suing auto part manufacturer’s warranty claim against it, and also grants its motions to exclude expert testimony and to strike an affidavit from the auto part manufacturer’s CEO. The auto part manufacturer claims it bought machinery from the defendant meant to automate cutting sheet metal, but that the equipment proved faulty and failed after its manufacturer ignored the issues for over a year and a half. However, the court finds that the plaintiff’s warranty claim is insufficient as it “offered no admissible evidence to establish its damages.”
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: January 5, 2024, Case #: 1:21cv1996, NOS: Other Contract - Contract, Categories: Business Practices, Warranty, Contract
J. Silva grants the condominium's motion to dismiss this landlord-tenant action. The tenant, who alleges issues with housing conditions, improperly evokes the Fair Housing Act and fails to demonstrate federal jurisdiction.
Court: USDC Nevada, Judge: Silva , Filed On: January 5, 2024, Case #: 2:23cv1690, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Landlord Tenant, Jurisdiction
J. Cassel finds the trial court properly convicted defendant for first-degree murder based on sufficient evidence. Witness testimony, as well as fingerprint and DNA evidence, link defendant to the scene of the shooting. Furthermore, the trial court properly sustained the state's oral motion to continue due to new evidence of defendant's cell phone, which had been seized in a different investigation. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: January 5, 2024, Case #: S-23-225, Categories: Evidence, Ineffective Assistance, Murder