159 results for 'filedAt:"2024-03-18"'.
J. Joseph denies requests by a city to dismiss claims of civil rights violations by organizers of a residential treatment facility for alcoholics for alleged lack of standing, after neighboring church pastors opposed the proposed $1 million sale of a 54-bedroom building for use as a sober house. While the rehab home organizers argue potential residents were subjected to disability discrimination, they also claim this discrimination led to the deprivation of their own rights when the city refused to sell it the property.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: March 18, 2024, Case #: 3:23cv697, NOS: Other Contract - Contract, Categories: Ada / Rehabilitation Act, Housing, Contract
J. Cota denies, in part, a community services district’s motion to dismiss a resident’s pro se constitutional claims arising from its alleged refusal to connect his home to the water distribution system or allow him access to the district's jobs. He makes sufficiently allegations to support his due process and retaliation claims, and "has stated the bare minimum to proceed" on his equal protection claim.
Court: USDC Eastern District of California, Judge: Cota, Filed On: March 18, 2024, Case #: 2:21cv119, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Housing, Due Process
J. Velez-Rive denies in part the Municipality of Aguadilla mayor's motion to dismiss a complaint brought by an employee who claims her position was transferred due to her political affiliations. The employee has sufficiently pleaded her claims of political discrimination based on allegations that the mayor identified her as a member of the opposing political party and then transferred her to a place where she had explicitly told him she would be unable to work.
Court: USDC Puerto Rico, Judge: Velez-Rive, Filed On: March 18, 2024, Case #: 3:23cv1501, NOS: Civil Rights - Habeas Corpus, Categories: Employment Discrimination, Employment Retaliation
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J. Battaglia rules a property association may pursue contract claims against State Farm Insurance. The property association sufficiently alleges that its claim loss falls within the parties' endorsement in a residential community association policy after it was swindled by a third party with a fake email account who convinced the association's treasurer to wire it money. The treasurer's error counts as a "wrongful act," which is covered by the policy's endorsement.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: March 18, 2024, Case #: 3:23cv195, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Bredar grants a law firm’s motion to dismiss its former employee’s religious discrimination claims arising from its denial of her religious exemption from the firm’s Covid-19 vaccination mandate. She claims religious discrimination, ADA violations and wrongful termination after refusing to accommodate a religious exemption, even though she agreed to practice all other means of preventative practices in the workplace. The employee fails to plausibly allege the firm’s behavior was discriminatory, but she may file an amended complaint within 21 days.
Court: USDC Maryland, Judge: Bredar, Filed On: March 18, 2024, Case #: 1:23cv2717, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination, Employment Retaliation
J. Newey finds a lower court improperly dismissed a beneficial interest holder's motion on contract claims against a former domestic spouse. The interest holder's former spouse argued that he was entitled to a stake in the land. However, the interest holder sufficiently showed in court that her former spouse was convicted for money laundering and that she is entitled to a stay in proceedings until his criminal proceedings end. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: March 18, 2024, Case #: CA-2023-1133, Categories: Property, Contract
J. Connolly affirms the district court's denial of the defendant's motion to suppress evidence in her controlled-substances case, finding that police's search of her garbage was not a violation of her Fourth Amendment rights. The defendant did not have a reasonable expectation of privacy in her garbage, nor did a search of the trash constitute a trespass on the curtilage of her premises. Additionally, local ordinances banning inspection and removal of garbage do not enlarge the Fourth Amendment's protections or those under the Minnesota Constitution. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Connolly, Filed On: March 18, 2024, Case #: A23-0428, Categories: Constitution, Drug Offender, Search
J. Sanchez declined to dismiss an appeal as moot in consolidated appeals from district court orders subjecting two defendants to a condition of pretrial release that temporarily barred them from possessing firearms pending trial. The Bail Reform Act of 1984’s firearm condition on pretrial release is constitutional as applied to defendants.
Court: 9th Circuit, Judge: Sanchez , Filed On: March 18, 2024, Case #: 22-50316 , Categories: Firearms
J. Thompson grants a hospital and its chief of surgery’s motion to stay and compel arbitration in this employment dispute brought by a former employee. The employee must pursue her numerous claims, including fraud, negligence, sex discrimination, and assault and battery claims, through arbitration and this case is administratively closed pending the outcome.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: March 18, 2024, Case #: 2:22cv178, NOS: Employment - Civil Rights, Categories: Arbitration, Employment, Interference With Contract
J. McEvers finds that the district court properly denied a motion for a new trial after a jury found defendant guilty of fleeing or attempting to elude a peace officer, reckless endangerment and driving under suspension or revocation. Substantial evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: March 18, 2024, Case #: 2024ND48, Categories: Evidence, Jury
Per curiam, the North Dakota Supreme Court finds that the district court properly denied an application for post-conviction relief after defendant alleged ineffective assistance of counsel. Defendant claimed his counsel did not request a psychological evaluation to determine his competency to assist in his defense before his change of plea. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: March 18, 2024, Case #: 2024ND50, Categories: Competence, Ineffective Assistance
J. Gallagher grants, in part, two medical device firms’ motion to exclude a relator’s expert in the allegations of violations of the False Claims Act and Anti-Kickback Statute. The complaint claims that the firms used a surgeon locator on their website to market potential clients for the Lap-Band product. The relator’s expert has almost 20 years of experience as an accountant and fraud examiner with certification in healthcare compliance. The expert matched the firms’ spreadsheets to the Medicare and Medicaid procedures for the calculations regarding the amount of “inducement-tainted Lap-Band devices.” He fails to account for causation means in the claims at issue are irrelevant and offer no factfinder value. Therefore, the “number of claims” opinions are denied and will not be presented to the jury.
Court: USDC Maryland, Judge: Gallagher, Filed On: March 18, 2024, Case #: 1:17cv668, NOS: False Claims Act - Torts - Personal Injury, Categories: Fraud, Experts, False Claims
J. Nelson denies the police officer summary judgment on qualified immunity in the driver's complaint alleging that the police officer used a knee strike on the driver upon pulling him out of his vehicle because the officer thought that the driver had a gun. District courts in the 9th Circuit generally agree that knee strikes are an intermediate level of force at minimum, so the police officer's conduct falls under the prohibition on the use of non-trivial force against passive resistance, and the police officer knew nothing about the driver at the time to warrant any fear that would drive the use of excessive force.
Court: USDC Oregon, Judge: Nelson, Filed On: March 18, 2024, Case #: 3:20cv731, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. King partially denies the labor union's motion to stop the general contractor from deposing Local 174 officer Rick Hicks in the contractor's complaint alleging that the labor union caused monetary damages when it initiated a strike in five of the general contractor's work sites. The labor union argues that Hicks should not be deposed because he is a “high-ranking officer” with the Local 174 and “has no unique, personal knowledge of any fact material to this case that is not also available from a less intrusive source," but the general contractor is entitled to question Hicks about his June 17, 2022 letter encouraging some drivers not to cross the picket lines.
Court: USDC Western District of Washington, Judge: King, Filed On: March 18, 2024, Case #: 2:22cv1631, NOS: Labor/Management Relations - Labor, Categories: Discovery, Labor / Unions
J. Niemeyer finds the lower court properly convicted a sheriff and two deputies of federal program theft. Exercising his broad power as sheriff of a small county, the sheriff enriched himself by directing his deputies to work on the public payroll to improve his personal property, including converting and expanding a modest barn into a home entertainment center. He also enriched himself and others by devising a system to skim money from the extra compensation payable to his deputies for their work manning drunk-driver automobile checkpoints in the county. The officers argue they did not commit federal program theft because they were not agents of the county, as charged, and the county had not received more than $10,000 in federal benefits in the preceding year. The state may employ the sheriff, but he did have authorization to spend the county's money, making him an agent. Affirmed.
Court: 4th Circuit, Judge: Niemeyer, Filed On: March 18, 2024, Case #: 22-4405, Categories: Theft, Money Laundering
J. Lampkin finds that the lower court improperly denied defendant pretrial release on attempted murder charges. The state failed to file a petition for detention at defendant's first appearance or within 21 days of his arrest and release. Reversed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: March 18, 2024, Case #: 232479, Categories: Murder, Bail
J. Piersol grants a motion for attorneys fees, costs and taxes awarded to parents in an Individuals with Disabilities Education Act (IDEA) claim. Parents of a minor child filed a due process complaint with the South Dakota Office of Hearing Examiners alleging that the School District violated the IDEA, and that their child placement at an academy in Utah for therapy and a standard education should be paid for by the School District. As the prevailing party, the parents were entitled to fees and costs.
Court: USDC South Dakota, Judge: Piersol , Filed On: March 18, 2024, Case #: 4:21cv4147, NOS: Education - Civil Rights, Categories: Education, Attorney Fees
J. Marbley denies the oil and gas drilling company's motion to dismiss, ruling that because the declaratory judgment claim made by the property owner regarding the geologic nature of formations below the Utica shale layer would solve the majority of the parties' dispute, it will proceed.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 18, 2024, Case #: 2:22cv3943, NOS: Torts to Land - Real Property, Categories: Energy, Property, Conversion
[Consolidated.] J. Thomson finds the New Mexico Public Regulation Commission properly denied the power supplier's application for a renewable energy incentive. The supplier's proposed retirement of renewable energy certificates does not satisfy the relevant statute's goal to create more renewable energy or reduce carbon emissions. Affirmed.
Court: New Mexico Supreme Court, Judge: Thomson, Filed On: March 18, 2024, Case #: S-1-SC-38815, Categories: Energy, Government
J. Simon denies the adoptive parents' motion for a preliminary injunction seeking to have the hearing officer's dismissal of their complaint vacated. The complaint alleged the school denied their psychologically challenged child a free and appropriate education when the child's patterns of self-injury and abuse re-emerged after treatment. The parents fail to show a need for the injunction, and the relief sought is neither preliminary nor injunctive in nature. Furthermore, they do not establish any likelihood of irreparable harm, nor a likelihood they will succeed on the merits.
Court: USDC Northern District of Indiana, Judge: Simon , Filed On: March 18, 2024, Case #: 4:23cv79, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Education, Injunction
J. Carney grants default judgment to the bank for its complaint that the construction company and others owes the bank $111,000 for equipment financing. The bank shows that the construction company had valid contracts with the bank, that the bank loaned the construction company $111,000 with the couple acting as the guarantors, and that the construction company did not pay the owed money.
Court: USDC Central District of California, Judge: Carney, Filed On: March 18, 2024, Case #: 8:23cv2321, NOS: Other Contract - Contract, Categories: Contract
J. Bumb rules in favor of the insurer, which allegedly denied excess property damage claims after the policyholder's living room floor separated from a wall. The damage was found to have been caused by termites and standing water and the policy specifically excludes coverage for loss involving collapse caused by water.
Court: USDC New Jersey, Judge: Bumb , Filed On: March 18, 2024, Case #: 1:22cv2151, NOS: Insurance - Contract, Categories: Insurance