114 results for 'filedAt:"2024-01-29"'.
J. Estudillo grants the inmate's motion for discovery for his complaint that the county and Wellpath did not accommodate his Celiac disease while he was in custody. The inmate seeks information about federal and state government funding, which is not privileged information, and a protective order can deal with any alleged trade secrets that may come up.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: January 29, 2024, Case #: 3:20cv6106, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Discovery, Prisoners' Rights
[Consolidated.] J. Nardini finds that the district court properly dismissed class claims contending hospitals paid kickbacks to vendors concerning fees charged to patients seeking copies of medical records. No right of private action exists for unjust enrichment under public health law that requires per-page charges, and the same applies to allegations that the fee structure was deceptive under New York general business law. Affirmed.
Court: 2nd Circuit, Judge: Nardini, Filed On: January 29, 2024, Case #: 22-2928, Categories: Health Care, Business Practices, Class Action
J. Crenshaw denies the former employee's motion to dismiss this breach of contract case based on a lack of personal jurisdiction. The former employee, a remote worker who allegedly violated the non-compete provision in his employment contract, seeks dismissal based on a lack of jurisdiction, as he mainly worked from Florida. However, he made multiple trips to Tennessee "for work-related activities."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: January 29, 2024, Case #: 3:22cv606, NOS: Other Contract - Contract, Categories: Employment, Jurisdiction, Contract
J. Robart orders a supplemental briefing on the manufacturer's motion to dismiss the metal supplier's complaint that the manufacturer infringed on the metal supplier's patents related to fire-blocking devices. The metal supplier seems to misunderstand the previous order to argue for the sufficiency of its patent allegations, so it has until Feb. 9, 2024 to file a supplemental brief addressing this. The manufacturer and its co-defendants may file an optional supplemental reply to that supplemental brief by no later than Feb. 16, 2024.
Court: USDC Western District of Washington, Judge: Robart, Filed On: January 29, 2024, Case #: 2:23cv918, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent
J. Zahn holds that state administrative agencies properly invoked the Supreme Court's jurisdiction to determine whether provisions of the Administrative Procedures Act that require legislative approval of pending administrative fee rules are constitutional. The State Athletic Commission and the Division of Occupational and Processional Licenses have standing to allege that the refusal by the state Administrative Rules Coordinator to publish their pending rules prevented them from fulfilling their statutory duties. However, the Commission and the Division are not entitled to mandamus relief because the Act requirement for legislative approval does not violate the Idaho Constitution's separation of powers provision. The authority of the executive branch to engage administrative rulemaking is not a constitutional power, as it was granted by the legislature.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: January 29, 2024, Case #: 51211, Categories: Administrative Law, Constitution, Jurisdiction
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Per curiam, the Supreme Court of Ohio denies the petitioner's request for a writ of prohibition to remove Steven Kraus from the March 2024 primary ballot as a candidate for the Ohio House of Representatives. Although he was convicted of a felony for theft from an elderly person in 2015, the position for which he is running does not involve control or management of any state agency or political subdivision and, therefore, he is not barred from running under the state's disqualification statute.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 29, 2024, Case #: 2024-Ohio-290, Categories: Civil Procedure, Elections, Government
J. Alley finds a lower court correctly convicted defendant of assault after he set a former romantic partner on fire in a domestic violence incident. Defendant argued that evidence of previous domestic violence, as well as photographs of the victim's burns, were “extraneous” and should not have been admitted because “their prejudicial effect outweighed their probative value,” but defendant failed to preserve his objections, and the photographs were valid evidence because they showed that the victim suffered “permanent disfigurement and protracted impairment.” Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: January 29, 2024, Case #: 08-23-00111-CR, Categories: Evidence, Assault
J. Rubin denies a research company’s motion to transfer venue in this employment dispute brought by a class of former employees residing in various states. The class alleges termination of employment was due to refusal of the mandatory Covid-19 vaccine. “Maryland courts have not addressed the issue of where the ‘wrong’ occurs in cases of fraud, or negligent misrepresentation, when the alleged wrongful act and the alleged loss occur in separate jurisdictions.” The class fails to prove where the alleged wrongful conduct occurred. The company’s motion to dismiss is granted on all claims.
Court: USDC Maryland, Judge: Rubin, Filed On: January 29, 2024, Case #: 1:23cv53, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Class Action
J. Immergut dismisses some of the employees' claims alleging that the university wrongfully rejected their religious exemption to the Covid-19 vaccine requirement. The employees do not clearly establish a First Amendment right under the free exercise clause because three of the cases they cite are inapplicable while the others concern constitutional and statutory provisions other than the free exercise clause. The employees' Title VII claims alleging failure to accommodate and religious discrimination against the university will go forward because the university has not moved for their dismissal.
Court: USDC Oregon, Judge: Immergut, Filed On: January 29, 2024, Case #: 3:23cv1190, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, First Amendment
J. Bell grants a district attorney and several state investigators’ motions to dismiss allegations that they abused their power in an investigation into a stolen diamond ring brought by a woman’s then-boyfriend. The woman filed an insurance claim for the ring, although her former boyfriend claimed to have no tie to the claim and said she had sold him the ring. The DA and investigators ultimately found the ring in a “green origami bag” at the boyfriend’s residence. He was unhappy with how the investigation was handled and asked a former governor to intervene on his behalf, which he did. The boyfriend also hired a lawyer to recover the ring and someone to ghostwrite a book about this experience with the criminal justice system. According to the boyfriend, this is when the DA threatened to prosecute him. All of the boyfriend’s claims fail under sovereign, prosecutorial, public official and qualified immunity. The DA and the state investigators did not act maliciously nor outside of their professional roles.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: January 29, 2024, Case #: 5:23cv116, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Insurance, Immunity
J. Bell grants Bank of America’s motion to dismiss a slew of allegations including fraud, breach of contract and wrongful eviction brought by a borrower after she defaulted on a mortgage. The borrower argues that the magistrate’s recommendation to grant Bank of America’s motion to dismiss should be nixed because the magistrate judge, as well as the entire judicial system, has no legitimacy and, therefore, cannot enforce any laws. However, the mortgagor's argument, which is one forwarded by others around the country calling themselves “sovereign citizens,” has no grounding in the practice of law.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: January 29, 2024, Case #: 3:23cv492, NOS: Foreclosure - Real Property, Categories: Fraud, Banking / Lending, Foreclosure
J. Coughenour denies the technology company summary judgment for its warranty claim in its lawsuit alleging that the trading company produced and sold chicken with bones instead of the agreed-upon boneless chicken, putting customer safety at risk. The technology company and the trading company offer conflicting evidence on whether the product qualifies as "breast trim," and a reasonable jury could believe either argument.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: January 29, 2024, Case #: 2:22cv296, NOS: Contract Product Liability - Contract, Categories: Product Liability, Warranty, Contract
J. Cain grants summary judgment to a district attorney, dismissing racially biased discharge claims by a black prosecutor from the previous political administration. The litigant complains the transition committee for the incoming district attorney raised infractions that had not previously been brought to his notice and attacks the affidavits of his former coworkers accusing him of falling short on various expectations. However, he fails to show different standards were applied to any similarly situated white employee.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: January 29, 2024, Case #: 2:22cv6109, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Evidence
J. Goodwin denies the defendant company's post-judgment motions following a jury trial on the plaintiff companies' claims for breach of contract and conversion in connection with certain purchase orders. The defendant company fails to show that it is entitled to judgment as a matter of law as to the conversion claim. Specifically, it does not establish that "the two jury findings are mutually exclusive."
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: January 29, 2024, Case #: 5:18cv1245, NOS: Other Contract - Contract, Categories: Conversion, Contract
[Consolidated.] J. Bell grants Uber Frieght’s motion to dismiss wrongful death and negligence allegations brought by an administrative representative of a motorist killed by a tractor-trailer driver. Uber acted as a broker between Coca-Cola and the driver, not as a motor carrier as the representative argues. Therefore, Uber is subject to the Federal Aviation Administrative Authorization Act, which regulates intrastate transportation, and, therefore, the Act preempts the representative’s allegations as they are all state law claims.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: January 29, 2024, Case #: 5:23cv73, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Wrongful Death
J. Robertson grants summary judgment to the U.S. Department of the Army in this employment discrimination lawsuit, alleging age and gender discrimination. The employee fails to show that her non-selection for a promotion was based on a retaliatory motive. Also, the government has shown that an interview panel recommended another candidate for the vacancy "based on the quality of his interview performance."
Court: USDC Eastern District of Oklahoma, Judge: Robertson, Filed On: January 29, 2024, Case #: 6:19cv437, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Military, Employment Retaliation
J. Chen preserves federal housing discrimination claims against an architectural firm brought by a group of 28 senior housing complexes as assignees. The court finds claims under the Federal Housing Act can be assigned to a separate entity, and there is insufficient evidence as to whether the assignors were fully compensated for their injuries, which would extinguish their respective claims. The court dismisses their state law housing discrimination claims as abandoned.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: January 29, 2024, Case #: 5:22cv278, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Housing
J. Hunt partially grants the defendant daycare operator’s motion for summary judgment on multiple contract breach, fraud and misrepresentation claims brought by an Iranian investor. The investor hoped to use his investments into the defendants’ prospective childcare franchises to become a permanent U.S. resident, and sued for multiple counts after the franchises fell apart. The court denies the operator’s motion for summary judgment on the investor’s breach of contract and and partially denies the motion as to his fraudulent misrepresentation claims, but grants the motion as to the investor’s negligent misrepresentation claims, his Franchise Disclosure Act claims, and his requests for declaratory judgment and injunctive relief.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: January 29, 2024, Case #: 1:19cv3402, NOS: Franchise - Contract, Categories: Fraud, Business Practices, Contract
J. Reyes affirms the district court's denial of the grandmother's motion for an evidentiary hearing after she filed a motion for adoptive placement. The grandmother's failure to file a valid adoption home study or an affidavit, statutory prerequisites for such a hearing, meant that the court's refusal to hold the hearing was not erroneous. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Reyes, Filed On: January 29, 2024, Case #: A23-0877, Categories: Family Law, Juvenile Law