133 results for 'filedAt:"2024-03-08"'.
J. Beetlestone grants in part a group of children’s motion for leave to amend their first amended complaint to reflect the broader proposed class that they seek to certify in this civil rights suit alleging Sesame Place characters refused to interact with the children because of their race. SeaWorld, the owner of Sesame Place, has not shown that it would be prejudiced if leave to amend were granted.
Court: USDC Eastern District of Pennsylvania, Judge: Beetlestone, Filed On: March 8, 2024, Case #: 2:22cv2941, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Class Action
J. Browning finds in favor of the city in an employment discrimination lawsuit brought by a former employee who asserts claims for discrimination on the basis of race and a violation of her rights under the Americans with Disabilities Act. The city did not discriminate or retaliate against the Black employee, as it provided a legitimate basis for her termination, specifically that she "ignored the express instructions of her supervisor" and "refused to cooperate with the HR Department."
Court: USDC Northern District of Oklahoma , Judge: Browning, Filed On: March 8, 2024, Case #: 4:21cv61, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
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J. Do holds that the trial court must revisit one element of the $22 million penalty award against an online university that made false and misleading statements to prospective students. The award included penalty count violations that are time-barred by the statute of limitations, so the award is reduced by $933,000. Affirmed as modified.
Court: California Courts Of Appeal, Judge: Do, Filed On: March 8, 2024, Case #: D080671, Categories: Unfair Competition, Damages, False Advertising
J. Bock finds the child victim's testimony was sufficient to establish all the elements of the rape offenses with which defendant was charged. While there were some inconsistencies between her statements to investigators and testimony at trial, none of her trial testimony contradicted any previous claims and the jury was in the best position to determine her credibility. Meanwhile, although the doctor's statement at trial that there was a "high likelihood that abuse has occurred" was inappropriate vouching for the victim, the error was harmless because the state did not mention the comment at any point during trial and there was other, overwhelming evidence to support defendant's convictions. Affirmed.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: March 8, 2024, Case #: 2024-Ohio-851, Categories: Evidence, Sex Offender, Child Victims
J. Funke finds the appeals court improperly affirmed the trial court's overruling of defendant's motion for absolute discharge on speedy trial grounds. Charged with felony assault and firearm use for shooting his father, defendant's trial was continued due to scheduling issues. The trial transcript shows the continuance was mentioned and for what reasons, though no written order was entered. Mere statements of unavailability are insufficient to show docket congestion or good cause existed to continue the jury trial past the 6-month deadline. Reversed.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: March 8, 2024, Case #: S-22-097, Categories: Firearms, Assault, Speedy Trial
J. Papik finds the trial court properly convicted defendant for murder, firearm use and witness tampering. Ample evidence, including cell phone location date, eyewitness accounts and videos defendant uploaded to Snapchat wherein he admitted to shooting his ex-girlfriend support the convictions. Though defendant says the court erroneously admitted expert testimony regarding the location data, overruling certain objections that defense counsel did not pursue and in declining to strike victim impact material, these arguments are without merit. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: March 8, 2024, Case #: S-22-560, Categories: Murder, Witnesses, Experts
J. Dick grants a request by the creator of a technology to manufacture fiber-glass plastic pipes used in large scale water projects, dismissing claims of anti-trust violations by a supplier of the pipes. The pipe supplier claims an anti-trust injury from the inventor’s alleged breach or termination of a license agreement, which does not support an anti-trust injury.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 8, 2024, Case #: 3:22cv259, NOS: Other Contract - Contract, Categories: Antitrust, Corporations, Construction
J. Bury rules an "avid art collector" may pursue insurance claims for a stolen Rolex watch, but not for the alleged theft of Andy Warhol and Keith Haring works of art. The insurance company sufficiently showed in court that the art collector did not actually owned the works of art, but may be entitled to obtain coverage for the watch.
Court: USDC Arizona, Judge: Bury, Filed On: March 8, 2024, Case #: 4:21cv119, NOS: Insurance - Contract, Categories: Evidence, Insurance, Contract
J. Menashi finds that the district court improperly dismissed an indictment charging that former state senator Brian Benjamin committed bribery and honest services wire fraud during his unsuccessful campaign for New York City comptroller and covered up the indictment during a background check when he was nominated to be New York's lieutenant governor. The indictment sufficiently alleged an explicit quid quo pro in directing $50,000 in state grant money to a nonprofit controlled by a local real estate developer in exchange for matching, small-dollar campaign contributions. Reversed.
Court: 2nd Circuit, Judge: Menashi, Filed On: March 8, 2024, Case #: 22-3091, Categories: Evidence, Fraud, Bribery
J. Stiglich grants the two minor children's petition for mandamus challenging the district court's denial of their grandparents' petition for guardianship. The grandparents sought guardianship, saying the children were exposed to unsafe conditions with their mother, who was living with a partner with whom the children felt unsafe. The court found no emergency existed since the grandparents did not seek guardianship over all four of their daughter's children. As it was the two children who filed the petition, as opposed to the grandparents, the failure to seek temporary guardianship over all four cannot form a basis for the conclusion that no emergency existed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 8, 2024, Case #: 88027, Categories: Family Law, Due Process, Guardianship
Per curiam, the circuit finds that the district court properly dismissed class claims challenging the conversion of a subsidized New York City housing complex from public ownership to private ownership. The class lacked standing because details of the conversion were so financially complex they could not feasibly be undone, and thus alleged injuries could not be resolved by a favorable ruling. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 8, 2024, Case #: 23-397, Categories: Housing, Class Action
J. Griesbach denies the county and county sheriff's deputies' motion to dismiss the widower's lawsuit over the death of his wife, who either jumped or fell from a moving vehicle while being transported to a state mental health facility after exhibiting violent behavior toward herself and others during a hospitalization for acute psychosis. All of the widower's claims, including those under the Americans with Disabilities Act and Rehabilitation Act and those alleging violations of the wife's 14th Amendment due process rights, are pleaded well enough to survive the motion and move forward, such as by questioning whether the deputies negligently ignored the safety locks on the transport vehicle despite knowing of the wife's volatile condition.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: March 8, 2024, Case #: 1:23cv986, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Due Process, Wrongful Death
J. Horan grants, in part, a former employee's motion to compel in his age discrimination action against Google. Google failed to comply with a previous court order requiring it to submit certain documents and testimony regarding directors within the Google Cloud organization, and must do so now.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: March 8, 2024, Case #: 3:22cv2281, NOS: Labor/Management Relations - Labor, Categories: Communications, Discovery, Employment Discrimination
J. Fitzgerald grants the trust default judgment for its complaint that the construction contractor did not submit monthly fringe benefit contributions for all hours worked by its employees. The trust shows through the trust agreements that the construction contractor had a duty to produce its records for audit, which it did not do, and that the trust had the authority to examine the construction contractor's payroll and business records to determine if the construction contractor abided by the terms of the trust agreements.
Court: USDC Central District of California, Judge: Fitzgerald, Filed On: March 8, 2024, Case #: 2:23cv4272, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Contract
J. Wozniak orders proceedings to determine if a county is entitled to trial court attorney fees despite an earlier denial of appellate attorney fees. The county prevailed in a dispute with a property developer over density requirements, and is entitled to trial court fees if it can prove the property owner failed to accept its bona fide settlement offer. Reversed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: March 8, 2024, Case #: 6D23-879, Categories: Property, Zoning, Attorney Fees
J. Wood partially refuses to find in favor of the city and two police officers in a civil rights and negligence action brought by the father after his son's death. The son crashed into a tree during a high-speed chase that occurred after he was stopped by police for a broken tail light. The city is not entitled to sovereign immunity from the father's claims. A reasonable jury could find based on body camera footage that one officer lied about the son having and pulling a gun out of his pocket during the traffic stop. A reasonable jury could also find that the other officer knowingly adopted and perpetuated the first officer's alleged lies and that the officers engaged in the high-speed chase with an intent to physically harm the son. However, the city's motion for summary judgment on the punitive damages claim is granted.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: March 8, 2024, Case #: 2:22cv30, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct