112 results for 'filedAt:"2024-01-12"'.
J. Brownlee partially grants petitioners’ petition for a writ of certiorari to quash a discovery order and a writ of prohibition to stop the trial court from further proceedings in this stockholder dispute regarding attorney fees. None of the parties in this case filed a motion for fees to the trial court. Therefore, the trial court lacked jurisdiction to consider and award attorney fees. The appeals court issues a writ of prohibition keeping the trial court from further adjudicating the issue of appellate attorney fees.
Court: Florida Courts Of Appeal, Judge: Brownlee, Filed On: January 12, 2024, Case #: 6D23-3012, Categories: Civil Procedure, Attorney Fees
J. Baker finds that the trial court complied with the notification requirements of the Indian Child Welfare Act in a juvenile dependency proceeding. Formal notice to Indian tribes was not required because there was no reason to believe that the minor is an Indian child. Affirmed.
Court: California Courts Of Appeal, Judge: Baker, Filed On: January 12, 2024, Case #: B321592, Categories: Family Law, Native Americans
J. Kobayashi grants summary judgment to the grocery wholesaler that an employee accuses of letting him go on the basis of age and race when the company downsized. The employee could not show that the wholesaler used its financial situation as pretext for his firing, and there is no evidence that his colleague, who has many of the same qualifications as the employee, was kept on for his race and age despite not meeting education and sales goal requirements.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: January 12, 2024, Case #: 1:21cv367, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination
Per curiam, the circuit finds that the district court properly dismissed due process claims stemming from a court security officer's removal from the U.S. Marshals program and his termination. The security officer admitted he directed another officer to take his brother, a convicted felon with past mental health issues, to do repairs at a judge's house and left him there with the judge, but he contends he had neither been provided the evidence against him nor permitted to explain that his brother had performed past work for the judge, who requested his services a second time. However, the officer's own admission and letters outlining the objectionable conduct provided sufficient notice. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 12, 2024, Case #: 23-778-cv, Categories: Employment, Due Process
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J. Reiber finds that the trial court properly entered a civil stalking order against a citizen to protect his neighbor following two altercations concerning a private road they shared. The citizen argues that the trial court erred in considering his two acts of physical violence as threats, and his actions were privileged in defense of personal property. The neighbor had to seek medical attention after the second incident and fears for her safety. His behavior does qualify as threatening and the citizen’s actions were not a defense of property.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: January 12, 2024, Case #: 23-AP-221, Categories: Property, Emotional Distress, Restraining Order
J. Barker grants, in part, the employers' motion to dismiss, ruling the former CFO's failure to execute a release agreement at the end of his employment or present evidence he completed all requirements of his employment contract requires dismissal of the contract claim related to severance and vacation pay. Meanwhile, the CFO's decision to lump all the employers together in the aiding and abetting discrimination claim requires dismissal of that claim because if all the employers took part in the discriminatory conduct, it is not possible for them to aid and abet themselves in the same discriminatory conduct.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: January 12, 2024, Case #: 1:23cv986, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Contract
Per curiam, the circuit finds that the district court properly dismissed discrimination claims in which a probationary employee of Newark Airport contends she was terminated based on her race and sex because the employee had been fired for driving a vehicle onto an active runway, causing a plane to abort landing procedures, and for failing to self-report her incursion. She failed to demonstrate an unjust result would occur should the verdict be allowed to stand and failed to timely seek judgment as a matter of law. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 12, 2024, Case #: 22-1263-cv, Categories: Employment Discrimination
J. St. Eve finds that the lower court properly denied defendant's motion to suppress evidence of drugs, cash, and a gun in his apartment after detectives obtained a search warrant based on a tip he was dealing drugs out of his home. The lower court reasonably found the detectives' testimony credible and any misstatements in the affidavit, which was admittedly deficient, were not reckless or intentional. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: January 12, 2024, Case #: 23-1057, Categories: Drug Offender, Evidence, Search
J. Stegall finds a lower court properly convicted a defendant for intent to distribute marijuana. The defendant argued that his 108 month prison term and 36 months probation was unreasonable based on a warrantless search of a trailer attached to his truck. However, the government presented sufficient evidence in court that the fifth wheel trailer was an extension of his vehicle. Affirmed.
Court: Kansas Supreme Court, Judge: Stegall, Filed On: January 12, 2024, Case #: 123,559, Categories: Drug Offender, Search, Sentencing
J. Biles finds a lower court properly convicted a defendant for aggravated criminal sodomy of a minor female child, who is his stepdaughter. The defendant argued that his Internet search history did not reveal any sexual misconduct, his victim's testimony lacked specific details, and that the court's panel was right to deem his Internet history as irrelevant. However, the government sufficiently showed in court that his Internet searches were focused on underaged female children, who were forced into filming content under titles that included, "Sex At 9 years old," and "Step Dad started blowing me at age 5," which did not constitute undue prejudice. Affirmed.
Court: Kansas Supreme Court, Judge: Biles, Filed On: January 12, 2024, Case #: 124,054, Categories: Evidence, Child Victims, Child Pornography
J. Crites-Leoni largely denied the defendant brother's motion for partial judgment on the pleadings in a dispute over the brothers' joint ownership of a large amount of farmland. There is sufficient evidence in the record to support the existence of a partnership between the borhters, not just a landlord-tenant farming arrangement. Therefore, the plaintiff brother has standing to sue his brother for allegedly fraudulently misrepresenting the amount of income being generated by the farm.
Court: USDC Eastern District of Missouri, Judge: Crites-Leoni, Filed On: January 12, 2024, Case #: 1:21cv34, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Fraud, Real Estate, Partnerships
J. Graves finds the district court properly granted Allstate's motion to dismiss. Allstate denied the driver's uninsured motorist claim after the at-fault driver's insurance covered $25,000 in damages. The driver failed to plausibly allege the at-fault driver's vehicle qualified as an uninsured motor vehicle. Furthermore, his claim Allstate's diminished value exclusion violates public policy fails because nothing has been shown diminished value is required to be a part of all automobile insurance policies. Affirmed.
Court: 5th Circuit, Judge: Graves , Filed On: January 12, 2024, Case #: 23-60141, Categories: Administrative Law, Insurance, Vehicle
J. Duncan finds the district court properly imposed an above-guidelines sentence for defendant's conviction for being a felon in possession of a firearm. Defendant's story about how he came to have the gun changed multiple times, culminating in his unsuccessful attempt to persuade an acquaintance to sign an affidavit saying it is hers. With 14 adult convictions at the age of 33, all but three of the convictions had no recorded disposition or had been dismissed. All testimony was properly admitted, and all sentencing enhancements were properly applied. Affirmed.
Court: 5th Circuit, Judge: Duncan , Filed On: January 12, 2024, Case #: 23-30053, Categories: Evidence, Firearms, Sentencing
J. Pratt finds the trial court wrongfully considered defendant's lawful possession of firearms when sentencing him to 87 months in prison for charges related to selling more than 25 pounds of marijuana, even though defendant was not charged with any gun crimes. According to statements made at sentencing, the judge may have relied on defendant's constitutional right to lawful firearm possession when sentencing him, and that is prohibited by due process. Defendant's sentences are vacated, and the case is remanded for re-sentencing under a different judge.
Court: Florida Courts Of Appeal, Judge: Pratt, Filed On: January 12, 2024, Case #: 22-0703, Categories: Drug Offender, Sentencing, Due Process
J. Kilbane finds the trial court improperly denied the trust's motion to intervene in a foreclosure case because the trust was not notified that its motion would be considered and ruled upon at a case management conference where no one appeared on its behalf. The notice sent to the trust regarding the conference said nothing about its motion being considered, and this lack of full notice and consent from both parties before hearing the trust's motion violated the trust's procedural due process rights. The case is remanded for a properly noticed hearing on the trust's motion. Reversed.
Court: Florida Courts Of Appeal, Judge: Kilbane, Filed On: January 12, 2024, Case #: 23-0152, Categories: Due Process, Foreclosure
J. Freudenberg finds the trial court improperly entered summary judgment against the Nebraska legislature candidate who sued Nebraska's Republican party for libel for its having sent mailers claiming she had been disciplined as a real estate agent and lost her license. Though the trial court found the mailers to be false, no malice was found. Texts presented by the candidate suggesting the party knew the statements were false are sufficient to find potential actual malice. Reversed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: January 12, 2024, Case #: S-22-967, Categories: Elections, Fraud, Damages
[Consolidated] J. Funke finds the court of appeals properly dismissed the state's appeal of a custody case for lack of jurisdiction. The juvenile court entered an order transferring the Oglala Sioux family's parental termination cases to the tribal court. Though the state argues the juvenile court must have the consent of the tribal court first, the order itself is not final or appealable.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: January 12, 2024, Case #: S-23-234, Categories: Family Law, Native Americans, Jurisdiction
J. Lorenz partly grants the consumer's motion to pursue California Invasion of Privacy Act violations against Pappa John's for allegedly using session replay software on its online platform without disclosure. The consumer has sufficiently alleged that Papa John's intercepts the content of users' internet communications rather than simply recording the information. However, their claim for injunctive relief is dismissed because the consumer has not alleged he will visit the Papa John's website again.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: January 12, 2024, Case #: 3:22cv1492, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Privacy, Class Action
J. Cole denies the insurer's motion to dismiss, ruling Ohio's conflict-of-laws principle requires the court to apply Ohio's 6-year statute of limitations, rather than the 4-year limitation present in California, which renders the estate's life insurance contract claim timely.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: January 12, 2024, Case #: 1:23cv122, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance, Contract
J. Garcia upholds a labor board’s decision T-Mobile is unlawfully dominating T-Voice, a group established by the company in which it hand-picked the representatives to whom employees were directed to raise their grievances. The board reasonably rejected T-Mobile's argument the group is not a labor organization; therefore, the board’s order that T-Mobile disestablish T-Voice and post notices at its facilities stands.
Court: DC Circuit, Judge: Garcia, Filed On: January 12, 2024, Case #: 22-1310 , Categories: Communications, Labor / Unions
J. Cogburn grants Amazon’s motion for summary judgment following allegations of gender and disability discrimination and retaliation brought by a former associate after she sustained an injury at work. The associate hit her head on a video monitor and got treatment from Amazon’s medical staff in the form of over-the-counter medicine and ice. Although the staff and two other medical professionals approved the associate to return to work, she claimed she had a note from her own doctor stating she could not, although she never produced said note. Despite Amazon warning her they would fire her if she continued to no-call no-show, she continued to not come in for work for at least four days. She fails to present sufficient evidence of either discrimination or retaliation, and Amazon’s firing was legitimate because she violated the attendance policy.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: January 12, 2024, Case #: 3:21cv627, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Pitman adopts the magistrate’s report and recommendations, granting a motion for attorney fees and costs brought by an advocacy group dedicated to the separation of church and state after it sued Texas for removing the group’s display from the state capitol building. That display — installed under the “Capitol Exhibit Rule,” which allows anyone to “submit an exhibit for display at the Capitol” so long as it meets certain “undemanding requirements” — depicted “Benjamin Franklin, Thomas Jefferson, George Washington, and the Statue of Liberty gathered around a manger containing the Bill of Rights,” and was taken down after Texas Governor Greg Abbott asked another official to “remove the display from the Capitol immediately.”
Court: USDC Western District of Texas , Judge: Pitman, Filed On: January 12, 2024, Case #: 1:16cv233, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government, First Amendment