144 results for 'filedAt:"2024-03-12"'.
J. Lovric awards a New York resident $50,000 in damages after finding a local town police officer liable for claims of false arrest and excessive force stemming from an altercation regarding a loud noise complaint. The local town does not have a noise ordinance, thus there was no cause to arrest him on charges of obstructing governmental administration. The court further finds from video footage that the resident posed little threat to the officer and was not resisting arrest.
Court: USDC Northern District of New York, Judge: Lovric, Filed On: March 12, 2024, Case #: 3:21cv484, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Hurd preserves claims for takings, excessive fines and unjust enrichment, finding they plausibly allege a New York county violated their rights under the Constitution’s takings and excessive fines clauses when it sold their homes at tax foreclosure sales to recover unpaid taxes without providing them the excess proceeds. A rash of similar complaints have been filed throughout the state following the U.S. Supreme Court’s decision that found a Minnesota resident successfully challenged the county’s decision to retain the surplus proceeds from the sale of his condo.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: March 12, 2024, Case #: 1:23cv1311, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Tax
J. Hodges finds that the trial court properly granted the wholesaling company's motion to dismiss the business partner's derivative action and correctly ruled in favor of the company manager on the partner's breach of fiduciary duty claim. The trial court correctly found that a special litigation committee tasked with reviewing the partner's claims was independent and that an attorney's limited prior professional relationship with a committee member did not affect that independence. The manager had authority to issue the credit memoranda and discounts to the customer. The trial court correctly found his actions were based on reasonable business judgment. However, the trial court partially incorrectly ruled in the manager's favor on the partner's breach of contract claim. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: March 12, 2024, Case #: A23A1458, Categories: Fiduciary Duty, Contract
J. Kennedy finds attorney Amber Renee Goodman will be permanently disbarred after she was convicted on a felony charge of unlawful sexual contact with a minor, which stemmed from her repeated rape of the 13-year-old daughter of her boyfriend. Although Goodman admitted her conduct was wrong and was previously abused by two husbands, she failed to take full responsibility for her actions, while a conviction for such heinous actions prevents her from ever serving as an attorney in the future.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: March 12, 2024, Case #: 2024-Ohio-852, Categories: Sanctions, Attorney Discipline
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J. Gwin finds the lower court properly denied defendant's motion for postconviction relief based on her attorney's failure to hire a mitigation expert. Although the report prepared by the expert witness in subsequent filings was more detailed in its explanation of defendant's mental illnesses, the trial attorney presented much of the same evidence during her sentencing report and the trial court properly considered all mitigating factors. Furthermore, the lack of any biased statements made by the trial judge and his impartial consideration of all sentencing factors precludes defendant from proving her claim of judicial bias, which was properly rejected by the lower court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: March 12, 2024, Case #: 2024-Ohio-906, Categories: Ineffective Assistance, Murder, Experts
J. Duncan finds the district court improperly found that federal reproductive law violates the father's right to be involved in his teenager's healthcare. The federal law regarding the availability of reproductive medicine for teens does not preempt the Texas law giving parents the right to consent to their teenagers’ obtaining contraceptives. Family planning service grantees can comply with both complimentary laws as to a parent's involvement in their teen's seeking contraception and the availability of that contraception for teens. The federal law does not nullify the father's right to consent to his children’s medical care. Though the court properly found certain violations, the setting aside of a portion of a relevant regulation found to be unlawful was improper. Reversed in part.
Court: 5th Circuit, Judge: Duncan , Filed On: March 12, 2024, Case #: 23-10159, Categories: Health Care, Preemption, Juvenile Law
J. Shea denies, in part, the insurer's motion to dismiss, ruling that although the Covid-19 testing provider has not supplied evidence of the insurer's denial of other companies, its proof of hundreds of denied claims for reimbursement of its own testing services is sufficient to establish a plausible claim for an unjust business practice under the Connecticut Unfair Trade Practices Act.
Court: USDC Connecticut, Judge: Shea, Filed On: March 12, 2024, Case #: 3:22cv83, NOS: Insurance - Contract, Categories: Health Care, Insurance, Covid-19
J. Fashing grants Wells Fargo's motion to compel arbitration, ruling the arbitration clause in the child support recipients' contract for a debit card is enforceable and requires their claims regarding unauthorized withdrawals to be settled via arbitration. However, the administrator of the support payment debit cards is not entitled to compel arbitration because the agreement on specifies the bank and excludes any other parties; therefore, the claims against the administrator will proceed.
Court: USDC New Mexico, Judge: Fashing, Filed On: March 12, 2024, Case #: 1:23cv202, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Consumer Law, Class Action
J. Agee finds the lower court improperly denied the health system's motion to set aside the jury’s award of punitive damages to an employee who claimed to be terminated for being a white man. The employee's boss fired him despite never receiving criticism and performing exceptionally in his role, receiving strong performance reviews, and gaining national recognition for himself and the marketing program he developed. The boss then promoted a white and Black woman to fill his job duties. Despite there being sufficient evidence for a reasonable jury to determine that his race, sex, or both motivated the health system's decision to fire him, he did not show that the employer perceived a risk of unlawfulness in its discriminatory conduct. Reversed.
Court: 4th Circuit, Judge: Agee, Filed On: March 12, 2024, Case #: 22-2142, Categories: Employment, Health Care, Employment Discrimination
J. Williams grants the employer's motion for summary judgment, ruling there is no evidence to indicate the company considered the employee's request for Family and Medical Leave Act to provide care for her mother when it fired her for falsification of a patient document; therefore, the FMLA interference claim fails as a matter of law. Additionally, even though she was fired two weeks after she made her FMLA request, the retaliation claim also fails because the document falsification gave the employer a legitimate reason to fire the employee.
Court: USDC Connecticut, Judge: Williams, Filed On: March 12, 2024, Case #: 3:22cv469, NOS: Family and Medical Leave Act - Labor, Categories: Employment Discrimination, Employment Retaliation
J. McFarland denies, in part, the town's motion to dismiss, ruling the allegation it allowed its police chief to arrest the homeowners without the authority to do so creates a plausible civil rights claim against the town under the theory of ratification. Additionally, the assault and battery claims against the former chief of police in his individual capacity will proceed because the allegations made by the homeowners, including that one was pepper sprayed twice after being thrown to the ground, are sufficient to establish the elements of the claims.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: March 12, 2024, Case #: 1:22cv635, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Malicious Prosecution
J. Gwin finds the victim's testimony he confronted defendant in the driver's seat of his vehicle and that defendant pointed a gun at him before striking him with the same weapon as he fled was sufficient to convict defendant of aggravated robbery and felonious assault. Meanwhile, the jury's decision to acquit defendant on several firearm specifications did not create an inconsistent verdict because there was sufficient evidence to support all of the guilty verdicts, while the acquittal could represent mercy or compromise on the part of the jury, not confusion. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: March 12, 2024, Case #: 2024-Ohio-923, Categories: Evidence, Jury, Robbery
J. Pepper grants the citizen's amended motion to proceed without prepaying the filing fee in her pro se lawsuit the city, police officers and others related to her 2016 arrest and prosecution for robbery, which ultimately ended with her acquittal in 2018. The citizen is permitted to continue with her claims of false arrest and false imprisonment against one of the police officers, but the remaining defendants are dismissed from the case.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: March 12, 2024, Case #: 2:19cv1070, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Earl holds that the trial court must amend its commitment order to include a statement of the maximum term associated with each offense defendant was accused of before he was acquitted upon a finding of insanity. Based on the underlying maximum possible sentences, the commitment order will reflect an indeterminate term with a maximum of life. The life term of commitment does not violate his due process or equal protection rights since an insanity acquitee may be hospitalized based on a preponderance of evidence showing continued insanity or danger to the community. Affirmed in part.
Court: California Courts Of Appeal, Judge: Earl, Filed On: March 12, 2024, Case #: C095986, Categories: Sentencing, Battery, Commitment
J. Manzanet-Daniels finds that the lower court improperly denied the construction worker's labor law claim stemming from an accident where he was struck in the head by a falling brick, which broke his hard hat. The worker is not required to show the exact circumstances under which the object fell. Further, it is undisputed there was no netting to prevent object from falling on workers. Reversed.
Court: New York Appellate Divisions, Judge: Manzanet-Daniels, Filed On: March 12, 2024, Case #: 01279, Categories: Construction, Tort, Labor
J. Massa finds that defendant was improperly convicted of multiple firearms charges because evidence did not indicate defendant knowingly possessed a firearm constituting a machine gun. The conviction included the lesser offense of dangerously possessing a firearm, and thus other convictions should be dismissed for violating double jeopardy. Affirmed in part.
Court: Indiana Supreme Court, Judge: Massa, Filed On: March 12, 2024, Case #: 23S-JV-40, Categories: Firearms, Double Jeopardy
J. Whitney grants an engineering firm’s motion for preliminary injunction following allegations it brought against one of its former staff members for poaching the firm’s confidential information about customers, pricing and business plans two weeks ahead of his resignation. A business development manager at a firm affiliate reported the offense, and the staff member was found to have pilfered over 9,000 classified files.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 12, 2024, Case #: 3:24cv234, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade, Negligence, Contract
J. Beckerman awards the employees $556,800 in attorney and paralegal fees for their class action accusing the used car dealership and others of not paying the employees their owed minimum and overtime wages. The employees argue that they are entitled to $725,100 in attorney fees, but while an hourly rate of $530 for the attorney is reasonable given his experience, unique expertise and the issue presented, the slightly difficult nature of the case is not enough to justify the requested $630 hourly rate.
Court: USDC Oregon, Judge: Beckerman, Filed On: March 12, 2024, Case #: 3:18cv372, NOS: Fair Labor Standards Act - Labor, Categories: Attorney Fees, Labor
J. Che finds that the lower court properly issued a no-bail bench warrant against defendant for not appearing at a pretrial hearing, a warrant that eventually led to defendant's arrest. Defendant challenges the legality of the no-bail portion of the warrant, and under the law, a no-bail bench warrant is legal as long as a subsequent bail determination is held within 48 hours of defendant's arrest. Because that hearing did take place within the allotted time, defendant's due process rights were not violated. Affirmed.
Court: Washington Court Of Appeals, Judge: Che, Filed On: March 12, 2024, Case #: 57332-6-II, Categories: Bail, Due Process
J. Hardin-Tammons finds that the lower court properly convicted defendant of murder. The evidence was sufficient to establish the deliberation necessary to find him guilty of murder in the first degree, and the court did not err in denying his request to submit a voluntary manslaughter instruction to the jury. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardin-Tammons, Filed On: March 12, 2024, Case #: ED111336, Categories: Jury, Murder
J. Mitchell finds that the lower court properly found the medical transportation company negligent for failing to secure a passenger's wheelchair, causing her to hit her head. The company failed to properly preserve its claim that the court erred in admitting evidence of three other similar incidents involving different drivers. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: March 12, 2024, Case #: WD86114, Categories: Evidence, Negligence
J. Ahuja finds that the lower court properly set aside the board's disciplinary order revoking the nurse's license for diverting opioid pain medication for her own personal use. The nurse immediately entered a rehab program after she was fired, and then went to work at a dialysis center where she had no access to opioids and was promoted twice. The board's decision ignored the circumstances of the nurse's rehabilitation, and punished her for being honest about her addiction. Reversed.
Court: Missouri Court Of Appeals, Judge: Ahuja, Filed On: March 12, 2024, Case #: WD86087, Categories: Administrative Law, Health Care
J. Melloy finds a lower court properly dismissed the Pharmaceutical Research and Manufacturers of America's claims that federal law impliedly preempts Act 1103, which prohibits drug manufacturers from placing limits on covered entities' ability to contract with outside pharmacies. The PhRMA argued that Section 340B program and the Federal Food, Drug, and Cosmetic Act preempt Act 1103. However, the commissioner of the State's insurance department sufficiently showed in court that the Act is not an obstacle for drug makers, but rather a mechanism to fulfill the purpose of 340B. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: March 12, 2024, Case #: 22-3675, Categories: Government, Health Care, Insurance