135 results for 'filedAt:"2024-02-27"'.
J. Chin finds that the district court improperly dismissed claims brought under the Federal Employers' Liability Act concerning an injury after initially declining to find for the transit agency. Two years after the initial decision, and just days before a bench trial, the court reconsidered and granted summary judgment without providing the parties notice or allowing the employee to oppose the finding.
Court: 2nd Circuit, Judge: Chin, Filed On: February 27, 2024, Case #: 22-1921-cv, Categories: Civil Procedure, Employment, Tort
J. Griesbach partially grants the city and the city's mayor's motion to dismiss a lawsuit from the Wisconsin State Senate, a state senator and former city councilman alleging the mayor ordered the installation of secret audio recording devices in certain places at city hall in violation of the Fourth Amendment of the U.S. Constitution, the Wisconsin Constitution, and state surveillance and privacy laws. The Wisconsin State Senate is dismissed as a party for lack of standing, and parts of the individuals' claims under Wisconsin's Electronic Surveillance Control Law and Right to Privacy Law and claims seeking damages for Fourth Amendment violations will move forward, but other claims, including all seeking declaratory relief, are dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: February 27, 2024, Case #: 1:23cv1175, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Doyle finds that the trial court properly granted the department's motion to dismiss the couple's negligence action arising after the husband was injured in a car collision by a suspect fleeing a Georgia state trooper. The trial court correctly found that the couple's claims are barred by the law enforcement exception to the waiver of sovereign immunity in the Georgia Tort Claims Act. Evidence supported the trial court's finding that the officer's conduct in the chase was objectively reasonable and complied with department policy. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: February 27, 2024, Case #: A23A1649, Categories: Negligence
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J. Casper allows the motion for partial summary judgment by a medical devices company against another medical company’s shareholders, which it wishes to hold accountable for the company’s alleged fraudulent transferal of assets, and it seeks to establish that an individual is the company’s alter ego. That person, acting as the company’s alter ego, breached a distributorship agreement and disregarded his non-compete obligations.
Court: USDC Massachusetts, Judge: Casper, Filed On: February 27, 2024, Case #: 1:21cv11644, NOS: Arbitration - Other Suits, Categories: Corporations, Fraud, Business Practices
J. Alonso grants an insurance company’s motion for reconsideration of a prior judgment, and denies a condiment packaging company’s motion for relief from a prior judgment. This case stems from an underlying Biometric Information Privacy Act class action the condiment company’s employees brought against it in 2021. The company argued the insurance company was obliged to indemnify it in this suit; the insurance company denied that obligation and sought a declaratory judgment from the court to back up its denial. The court previously declined to rule in favor of the insurance company, but on reconsideration now rules it has no duty to indemnify the condiment firm.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: February 27, 2024, Case #: 1:22cv1334, NOS: Insurance - Contract, Categories: Insurance, Privacy, Indemnification
J. Maldonado partially grants a university board’s motion to dismiss employment discrimination claims brought by an employee of the university’s health care and hospital system. The employee, a middle-aged Black woman, claimed she faced race and age-related discrimination at work, was unfairly targeted by her superiors for criticism, and faced retaliatory discipline for formally complaining about this treatment to the Equal Employment Opportunity Commission. The court finds the employee has not sufficiently alleged her state law claim under the Illinois Gender Violence Act, or her adverse action claim. The rest of her claims against her employer stand.
Court: USDC Northern District of Illinois, Judge: Maldonado, Filed On: February 27, 2024, Case #: 1:23cv1410, NOS: Employment - Civil Rights, Categories: Health Care, Employment Discrimination, Employment Retaliation
J. Hurson denies a California resident’s motion for a temporary restraining order and preliminary injunction to prevent the cannabis administrator and its director from issuing any cannabis licenses under the social equity lottery. The court finds that the dormant commerce clause does not apply to the recreational cannabis industry and the resident fails to demonstrate enough to succeed on the merits.
Court: USDC Maryland, Judge: Hurson, Filed On: February 27, 2024, Case #: 1:24cv273, NOS: Civil Rights - Habeas Corpus, Categories: Government, Injunction
J. McKinnon holds that the trial court erred in admitting an uncharged act of sexual assault to show a common scheme with charged counts of sexual assault. The uncharged acts could not prove a common motive or plan since they occurred after the charged acts. Also, the jury was improperly instructed on the mental state required for sexual assault. Reversed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: February 27, 2024, Case #: DA 22-0547, Categories: Evidence, Sex Offender, Jury Instructions
J. Rice finds that the district court properly concluded that a title company was not contractually liable to provide title insurance based on pro forma documents it created showing that it would issue title insurance on the subject properties. The documents expressly instructed that insurance would be issued only after further requirements were met. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: February 27, 2024, Case #: DA 22-0486, Categories: Insurance, Property, Contract
[Consolidated.] J. Edwards denies a hospital's petition for review of the National Labor Relations Board's upholding of the application of the successor bar rule, which allows an incumbent union an irrebuttable presumption of majority status for a reasonable time after a successor employer voluntarily recognizes the union. The application of the rule was consistent with the board's precedent, and was reasonable.
Court: DC Circuit, Judge: Edwards, Filed On: February 27, 2024, Case #: 22-1163 , Categories: Employment, Labor / Unions
J. Gleason denies the state's and denies in part the federal government's cross-motion for summary judgment in a dispute over navigability of 16 miles of submerged lands underlying the Fortymile River. A waterway must be susceptible to use as a highway to be legally navigable, however "no court has ever found that as a matter of law, a river is not navigable solely because the only travel that could take place on it was downstream travel." Depth of water alone is insufficient to establish navigability as a matter of law. The state has not shown that "handmade wooden boats or jetboats were customary modes of trade and travel at statehood."
Court: USDC Alaska, Judge: Gleason, Filed On: February 27, 2024, Case #: 3:18cv265, NOS: All Other Real Property - Real Property, Categories: Real Estate
Per curiam, the circuit finds that the district court should have modified a special condition of supervised release that prohibited direct contact with minors without probation office approval because barring defendant from living in the family home with his own children exacerbated problems with securing permanent housing. On remand, reconsideration is recommended, and the court must present a more thorough explanation of its rationale.
Court: 2nd Circuit, Judge: Per curiam, Filed On: February 27, 2024, Case #: 23-6145, Categories: Probation
J. Dever grants partial summary judgment to the daughter of a deceased military colonel who qualifies as the colonel’s legal representative under the Camp Lejeune Justice Act. The federal government fails to sufficiently claim that there is a genuine triable issue about whether the daughter qualifies as a legal representative, and, thereby, has the right to sue under the Act.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: February 27, 2024, Case #: 7:23cv897, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Environment, Government, Tort
J. Bloom grants clothing manufacturer Adidas final default judgment in trademark infringement claims by permanently prohibiting listed entities from future advertising, marketing, manufacturing, or selling of merchandise bearing the company's logo.
Court: USDC Southern District of Florida, Judge: Bloom, Filed On: February 27, 2024, Case #: 0:23cv62191, NOS: Trademark - Property Rights, Categories: Trademark, Injunction
J. McBride finds that the lower court properly terminated the father's parental rights to his son. The father failed to maintain a reasonable degree of interest in the child's welfare or make progress toward reunification, while the child's foster family wishes to adopt him. Affirmed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: February 27, 2024, Case #: 231530, Categories: Family Law
J. Dooley grants the insurer's motion for summary judgment, ruling its policy with the homeowner sued by the parents of a child injured in her care does not require coverage for the underlying lawsuit. The nature of the child's injuries were caused by intentional conduct and, therefore, do not constitute an occurrence under the policy.
Court: USDC Connecticut, Judge: Dooley, Filed On: February 27, 2024, Case #: 3:22cv889, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Herndon finds the trial court properly determined the purchaser of a herd of buffalo breached the contract. The purchaser, on a handshake deal, agreed to pay a business partner a finder's fee for buffalo recently purchased. After final orders were delivered to the purchaser, the partner received no follow-up communication. The record contains substantial evidence of actions the partner undertook to earn the commission. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: February 27, 2024, Case #: 84617, Categories: Property, Contract
J. Doss finds that the lower court properly committed the appellant to the custody of the Texas Juvenile Justice Department and overruled his motion for new trial by operation of law, after a jury found he engaged in delinquent conduct. Contrary to the juvenile's argument on appeal, there was sufficient corroboration of the accomplice testimony. Additionally, any error in limiting the appellant's cross-examination of the alleged accomplice was harmless. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: February 27, 2024, Case #: 07-23-00149-CV, Categories: Civil Procedure, Juvenile Law
J. Wilson finds that the trial court improperly granted no-evidence summary judgment in favor of the aluminum company in the family members' wrongful death and survival claims involving their loved one's death from asbestosis due to being exposed to asbestos fibers from her husband's work clothes. The family members gave "direct, scientifically reliable proof of causation," specifically that the aluminum plant was the source of the asbestos to which the decedent was exposed. Reversed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: February 27, 2024, Case #: 14-22-00417-CV, Categories: Evidence, Wrongful Death, Asbestos
J. Hendrix sides with the state on its challenge to the Pregnant Workers Fairness Act, which was included in the Consolidated Appropriations Act of 2023, ruling the House’s allowance of its members to vote by proxy to pass the Act, rather than require their presence for a vote, violated the constitution.
Court: USDC Northern District of Texas , Judge: Hendrix, Filed On: February 27, 2024, Case #: 5:23cv34, NOS: Other Statutory Actions - Other Suits, Categories: Constitution, Government
J. Wilkin finds that inconsistencies in the testimony of the victim's uncle do not render defendant's conviction for unlawful sexual conduct with a minor improper. Not only was the jury in the best position to determine witness credibility, but text messages proved defendant was at home on the night of the assault when he asked the victim to return a drill borrowed by the uncle, who lived across the street. Meanwhile, testimony from a police officer that defendant did not wish to make a statement during the investigation did not prejudice the jury against him because his decision to remain silent was not mentioned in opening or closing arguments, while there was also overwhelming evidence to support his guilt. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: February 27, 2024, Case #: 2024-Ohio-794, Categories: Evidence, Jury, Sex Offender
J. Agee upholds the lower court decision to grant summary judgment to South Carolina’s probation agency on a former employee’s gender discrimination and retaliation claims. She was fired once and rehired after the EEOC agreed that she had been passed over for a job because the agency wanted a man. This time around, she resigned after she failed a polygraph test during an investigation of her for having sex with a subordinate before removing the subordinate from her team. She could not show how the investigation she faced was retaliation for protected activity. Affirmed.
Court: 4th Circuit, Judge: Agee, Filed On: February 27, 2024, Case #: 21-2275, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Winchester, on certiorari, finds the county court improperly denied the petition for expungement of criminal records. Though the court reasoned, and the appeals court affirmed, the petitioner was not qualified to seek relief because of an ongoing federal and Cherokee Tribe investigation, the investigation does not constitute pending charges. Since the court ruled solely on whether the petitioner was qualified, the state bureau of investigation did not present any evidence for the court to determine whether there was any public interest in keeping the records open. Vacated.
Court: Oklahoma Supreme Court, Judge: Winchester, Filed On: February 27, 2024, Case #: 119998, Categories: Civil Procedure, Public Record, Native Americans