79 results for 'filedAt:"2024-04-05"'.
J. Pechman finds in favor of Oppenheimer & Co. for its complaint seeking to prevent the investors from asserting claims against it in a Financial Industry Regulatory Authority (FINRA) arbitration case, as the investors want to recover funds they lost in a private equity fund called Horizon Private Equity III LLC that an Oppenheimer-registered broker allegedly created and operated for a Ponzi scheme. The Oppenheimer & Co. has no obligation to arbitrate any and all claims that the investors asserted in the underlying FINRA arbitration case because the investors do not present any evidence that the registered broker facilitated the purchase through the trust company.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: April 5, 2024, Case #: 2:23cv67, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Securities
J. Komitee denies in part a motion for summary judgment on a civil rights complaint alleging constitutional rights violations stemming from the execution of a no-knock search warrant on a family’s home in Queens. The family’s mother claims she was partially nude during a portion of the search, but a dispute remains over how long and whether she was allowed to dress before or after she was handcuffed. The court further finds the officers are entitled to immunity on the father’s claims that he was unlawfully detained in a police van parked several blocks away, but concludes a jury could find the length of time he was detained in the van, over two hours, was unreasonable and preserves the claim as it relates to temporality.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: April 5, 2024, Case #: 1:20cv3109, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Police Misconduct
J. Cradle finds the trail court properly granted summary judgment in favor of the lender in this third appeal for foreclosure. The homeowner argues that the summary judgement as to liability wrongfully relied on a loan officer’s affidavit determining the lender was in fact the holder of note at the time of commencement. The loan officer’s affidavit was based on personal knowledge of the records, so it is competent evidence. He also argues as a non-moving party the court erred by not drawing an adverse inference from the lender’s refusal to supply documents and witnesses, but he fails to establish any factual claims. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: April 5, 2024, Case #: AC45996, Categories: Discovery, Banking / Lending, Foreclosure
J. Elgo finds the trial court improperly denied a motor’s motion for summary judgement in this underinsured motorist dispute regarding herself and two minor children. The mother alleges negligence and recklessness claims against a driver, the vehicle’s owner and the insurer. The tortfeasor’s liability coverage is identical to, not less than, the mother’s underinsured motorist coverage. This case is to be remanded for judgement in favor of the driver, owner and insurer. Reversed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: April 5, 2024, Case #: AC45627, Categories: Insurance, Settlements, Vehicle
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Per curiam, the Vermont Supreme Court finds the family court properly declared two children were in need of care or supervision. The parents argue on appeal there was no evidence to support the court’s statements and there is no harm because they live in poverty. The children were found, “without proper parental care or subsistence, education, medical, or other care necessary for his or her well-being.” The evidence supports the court’s findings of a lack of parental care. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-AP-372, Categories: Evidence, Family Law, Negligence
J. Silva grants the city's motion for summary judgment on a black former police chief's allegations the president of the police union discriminated against her on the basis of race and sex. Though the chief was hired to facilitate departmental change with support from the city, complaints were lodged after she began implementing new procedures, particularly that involving discipline for officer misconduct. The union president says the chief lacked accountability, creating greater division within the department. As the chief's subordinate, the union president is not liable for the chief's termination or any alleged due process violation.
Court: USDC Nevada, Judge: Silva , Filed On: April 5, 2024, Case #: 2:20cv1761, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, Employment Discrimination
J. Bendix finds that the trial court properly ordered the production of entries in the calendar of the governor's former senior energy advisor showing meetings with utilities, unions and the Public Utilities Commission. The deliberative process privilege does not apply because the public records request asked simply whether the meetings took place, not for information about the substance of the meetings. Also, the public has a substantial interest in knowing the level of interaction between the former advisor, Alice Reynolds, and the commission she now presides over as president.
Court: California Courts Of Appeal, Judge: Bendix, Filed On: April 5, 2024, Case #: B330847, Categories: Public Record, Privilege
J. Curiel rules that a former employee may pursue invasion of privacy claims against his former employer for requiring his medical and religious information so that he could obtain an exemption for the employer's mandatory Covid-19 vaccine policy. "While reporting whether one has received the Covid vaccines" to Human Resources has a fairly minimal impact on an individual's privacy interests, "disclosing medical or religious information to obtain an exemption" may have a larger implication on privacy interests.
Court: USDC Southern District of California, Judge: Curiel, Filed On: April 5, 2024, Case #: 3:23cv580, NOS: Employment - Civil Rights, Categories: Employment, Privacy, Covid-19
J. McBray finds the lower court improperly terminated a mother’s parental rights to one of her children on grounds of severe child abuse, abandonment by failure to visit, abandonment by failure to provide a suitable home, persistence of conditions, substantial noncompliance with the permanency plan, and failure to manifest an ability and willingness to assume custody. On the day of trial, the mother was late to court due to a job interview, of which counsel had been notified, but mother’s counsel moved to withdraw, and the lower court erroneously granted it, informing the mother when she arrived that she would have to represent herself. The instant court finds the record does not support the lower court’s argument that the mother waived her right to counsel. The matter is remanded for further proceedings. Vacated.
Court: Tennessee Court of Appeals, Judge: McBrayer, Filed On: April 5, 2024, Case #: E2023-01112-COA-R3-PT, Categories: Family Law, Due Process
J. Morris allows some claims to proceed against the owner of a "condo hotel" regarding allegations that the hotel uses exclusive leasing arrangements that essentially function as unlawful "tying arrangements." There is enough on the record at this stage to suggest that the owner has used unlawful property declarations regarding their rental management and condominium ownership agreements to which customers have had to agree. While antitrust claims fail for not showing evidence of market power, claims related to the property declarations may proceed to determine if they are unenforceable.
Court: USDC Montana, Judge: Morris, Filed On: April 5, 2024, Case #: 2:21cv95, NOS: Other Contract - Contract, Categories: Antitrust, Property
J. Pan reverses the district court’s finding for the National Association of Realtors, which had petitioned to set aside a new investigative subpoena issued by the Department of Justice pertaining to its investigation into NAR’s allegedly anti-competitive, commission-related practices. Contrary to the district court’s finding, the DOJ had the power to withdraw its previous proposed consent judgment and reopen its investigation.
Court: DC Circuit, Judge: Pan, Filed On: April 5, 2024, Case #: 23-5065 , Categories: Administrative Law, Antitrust, Real Estate
Per curiam, the circuit finds the district court properly denied the inmate's request for a restitution stay. The inmate was convicted for mailing explosives to President Obama, Texas Governor Abbott, and the Social Security Commissioner. She has not presented a basis for relief. Though her request for compassionate release was denied on jurisdictional grounds, the circuit had denied her request for a certificate of appealability, which gave the district court jurisdiction to decide her compassionate release motion. Affirmed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-20209, Categories: Sentencing, Restitution, Terrorism
J. Roman finds for the school district on a student's defamation and civil rights claims stemming from his five-day suspension for posting a photo of himself in a parking lot while his friend knelt above him with the caption "Cops got another" one day before the jury returned a verdict in Derek Chauvin's trial for the murder of George Floyd. The student received death threats after posting the photo, which was decried as racist, and the incident was a substantial disruption to the school, sparking a student demonstration and a school assembly. The district has an interest in maintaining order within its schools and therefore did not infringe on the student's free speech rights by disciplining him.
Court: USDC Southern District of New York, Judge: Roman, Filed On: April 5, 2024, Case #: 7:21cv6008, NOS: Other Civil Rights - Civil Rights, Categories: Education, Defamation, First Amendment
J. Luckert finds that the lower court improperly held that defendant, a convicted felon, did not possess an actual "dagger" when he was picked up by a police officer while resting on the side of a dirt road because the state presented sufficient evidence that the weapon was a dagger based on the length of its blade and sharp edge. Reversed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: April 5, 2024, Case #: 124878, Categories: Evidence, Weapons
J. Hoffman finds the lower court properly allocated a larger portion of the couple's credit card debt to the wife because she was in exclusive control of the card following the couple's separation and failed to provide any evidence regarding the source of the debt already on the card at the time of the separation. Meanwhile, testimony the wife claimed all three children as dependents on a separate tax return despite being ordered not to do so was sufficient to establish financial misconduct and allowed the court to deny her request for spousal support. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: April 5, 2024, Case #: 2024-Ohio-1328, Categories: Evidence, Family Law