167 results for 'filedAt:"2024-03-20"'.
J. Schiltz partially dismisses the postal service and its chief's motion for summary judgment in the Black former employee's suit against them alleging race discrimination connected to a fellow employee's lengthy and often bizarre campaign of harassment against him and his wife, also employed by the postal service. A jury could find in the employee's favor on his hostile-environment claim, since the harassment was persistent, involving several incidents, and could be characterized as severe, and that the employer did not adequately respond to the employee's complaints. The employee has not, however, shown that he was terminated for behavior that other similarly situated employees engaged in without consequence.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 20, 2024, Case #: 0:21cv1134, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Rufe grants a realty company's motion to dismiss this suit filed by a franchise company, alleging it breached the parties’ lease by failing to alert them that they were legally barred from opening a franchise store in the historic district of New Hope, Pennsylvania. The tenant failed to present any facts establishing that the landlord had a duty to alert them of local laws.
Court: USDC Eastern District of Pennsylvania, Judge: Rufe, Filed On: March 20, 2024, Case #: 2:23cv2193, NOS: Other Contract - Contract, Categories: Fraud, Property, Contract
J. Simon awards the car owner $20,000 in attorney fees and $518 in costs following a default judgment in his favor in his complaint that the car shop did not restore a 1966 Ford Mustang, lied about the restoration status, and returned the vehicle needing significant repairs. The car owner's requested hourly rates are reasonable but not all billed hours are reasonable.
Court: USDC Oregon, Judge: Simon, Filed On: March 20, 2024, Case #: 3:22cv1387, NOS: Other Contract - Contract, Categories: Vehicle, Attorney Fees, Contract
J. Marcel finds that defendant was properly convicted of second-degree rape. In this case, the victim testified that after she rejected defendant's requests for sex, he drove her out of town to a secluded area, and physically beat her. The victim testified that she had sex with defendant because she was afraid that he would kill her. Further, there was medical evidence of the victim's injuries. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: March 20, 2024, Case #: 23-KA-59, Categories: Evidence, Sex Offender
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J. Windhorst finds that the trial court properly denied defendant's motion to recuse the bench of the 24th Judicial District Court on the basis that a judge was related to a victim in this homicide case. The judge testified that he was estranged from the victim, his first cousin, had not seen the victim since 2005, did not go the cousin's funeral, and did not discuss the victim with any member of the bench. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: March 20, 2024, Case #: 23-K-406, Categories: Criminal Procedure, Judiciary
J. Cronan partially denies the political organization's motion to dismiss counterclaims alleging that it stole the Stanford researcher's copyrighted work on mapping police violence and make its own copycat website to divert donations to his project. The researcher has shown he put forth considerable skill and originality in creating his map organizing unprotected information, and these choices were not routine and obvious.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: March 20, 2024, Case #: 1:22cv9565, NOS: Copyrights - Property Rights, Categories: Copyright
J. Castel dismisses the satellite TV provider's antitrust claims against three broadcasters whom it alleges sought to charge it supra-competitive fees to re-broadcast certain popular television shows. The satellite provider chose not to renew its agreements with these broadcasters due to the quoted prices, causing content blackouts for its subscribers and the loss of thousands of customers. Because the provider never actually entered into an agreement which would have required it to pay supra-competitive fees, its injury is not the type that antitrust laws were intended to prevent.
Court: USDC Southern District of New York, Judge: Castel, Filed On: March 20, 2024, Case #: 1:23cv2221, NOS: Antitrust - Other Suits, Categories: Antitrust, Communications
J. Hodgens upholds the denial of a property owner’s motion to dismiss a real estate company’s complaint, in which the company seeks enforcement of its right of first refusal to purchase the owner’s property. The owner failed to demonstrate that the company’s claim was frivolous. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Hodgens, Filed On: March 20, 2024, Case #: 22-P-1139, Categories: Property, Real Estate
J. Palafox finds a lower court partially erred in a complicated fraud case in which the suing company, which was working with several other companies to build a solar power facility in Nicaragua, accused its former partners of mislabeling and supplying lower quality solar panels than the parties had agreed to. The lower court was wrong to find that one company involved in the case still had a right to exercise a forum-selection clause in its contract, because the company had “consciously litigated” in Texas and only attempted to exert this option “after receiving an adverse ruling.” Otherwise, the court ruled correctly, including issuing a take-nothing judgement against another company after the suing company failed to address the individual elements of its fraud by nondisclosure claim. Reversed in part.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: March 20, 2024, Case #: 08-22-00244-CV, Categories: Fraud, Contract
J. Pulliam issues several rulings, including denying an Air Force worker’s motion for leave to amend her complaint, after that worker sued the secretary of the Air Force in a pro se case for failing to accommodate her alleged disability and retaliating against her. Multiple ripe motions stacked up because the worker has not responded to filings, which she says is a result of service issues. Regardless, the worker’s delays have been “particularly egregious” and have caused undue prejudice, and this court is “uncertain” why she has been unable to receive court orders.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: March 20, 2024, Case #: 5:22cv1186, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Procedure, Ada / Rehabilitation Act, Employment
J. England grants, in part, Walmart’s motion for summary judgment in this slip-and-fall case brought by a customer claiming of negligence and wantonness. The customer argues that Walmart the broken tile should have been discovered by employees as it was part of the premises creating a hazard. Her testimony and evidence support the defect, the piece of tile was present and the reason for her fall. Therefore, the wantonness claim is dismissed and the remaining claim for negligence is denied. The parties are ordered to confer and file a joint status report regarding the next steps.
Court: USDC Northern District of Alabama , Judge: England, Filed On: March 20, 2024, Case #: 2:22cv643, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Negligence, Premises Liability
J. Goldman holds that a challenge to the trial court's guardianship order is moot since the order expired before appellate briefing was complete. The statutory one-year period of conservatorships poses an inherent risk of mootness for appeals. Appellants requesting extensions should inform appellate courts of a challenged order's expiration date to allow for a timely good cause evaluation.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: March 20, 2024, Case #: A166825, Categories: Civil Procedure, Guardianship
[Consolidated.] J. Bell partially grants the pharmaceutical company Merck & Co.’s motion for partial judgment on the pleadings in a suit involving more than 200 litigants claiming a design defect in its human papillomavirus vaccine, Gardasil, after they experienced adverse health effects including mobility issues, short-term memory loss and chronic fatigue. However, Merck does not violate the federal Vaccine Act’s direct warning statute just because the litigants’ medical providers failed to issue a warning of the vaccine’s potential side effects.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 20, 2024, Case #: 3:22md3036, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Corporations, Health Care, Tort
J. Kindred adopts the report and recommendations regarding the government's allegations that a locksmith and security services business and its owner did not pay federal employment and unemployment taxes as required for employers. The government seeks sanctions against the company. The "business does not operate lawfully" as it has "failed to comply with federal tax law, as well as this Court’s orders, for years" and currently owes nearly $2 million in unpaid taxes. The recommended permanent injunction is warranted.
Court: USDC Alaska, Judge: Kindred, Filed On: March 20, 2024, Case #: 3:19cv134, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Employment, Tax, Injunction
J. Douglas finds the district court properly dismissed most claims made by the black property owner against the postal service and two employees. Though the alleged conduct does not fall within tort claims act exceptions, and sovereign immunity does not bar tort claims, the owner fails to state a viable equal protection claim. No facts support her assertion the carriers continued to deliver to similarly situated white property owners while denying her delivery. Affirmed in part.
Court: 5th Circuit, Judge: Douglas , Filed On: March 20, 2024, Case #: 23-10179, Categories: Civil Rights, Government, Tort
J. Nachmanoff grants the cybersecurity employer's motion to dismiss an employment discrimination suit. The employee suffered from various orthopedic and nerve disabilities stemming from his military service, including lumbar strain with degenerative arthritis and intervertebral disc syndrome, requiring 18 different medicines and accommodations for a parking space and a workable chair. The employee claims the employer harassed him due to his negative assessments of the software and subsequent recommendations. The employee's complaint lacks any factual allegations suggesting that his supervisors’ actions like changing his hours to coincide with personnel in different time zones, or requesting that he attend onsite meetings, had anything to do with his race, age or disability.
Court: USDC Eastern District of Virginia, Judge: Nachmanoff, Filed On: March 20, 2024, Case #: 1:23cv164, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
Per curiam, the appellate division finds that the trial court properly dismissed the third-party complaint, which alleges the companies had a duty to provide indemnification in an underlying workplace accident complaint. While the drywall that fell on the worker was not being hoisted or secured, the claimed labor laws still apply, and there remains a question of whether the employee was a recalcitrant worker. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 20, 2024, Case #: CA 22-01231, Categories: Negligence, Indemnification
J. Grimberg adopts the magistrate judge's recommendation and partially grants the employer's motion to dismiss the employee's civil rights and employment retaliation action alleging that she was fired after refusing her supervisor's sexual advances. The employee's claims alleging race, age, disability and religion-based discrimination are dismissed. However, the employee's Title VII sexual harassment claim may proceed. The employee sufficiently alleged that her supervisor fired her for violating a policy against discarding food products when she had not violated the policy.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: March 20, 2024, Case #: 1:23cv914, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation