117 results for 'filedAt:"2024-04-09"'.
J. Arterburn finds the district court properly denied the union’s motion for declaratory judgment and its application to vacate an arbitration award resulting from the labor dispute. The dispute arose from certain positions being reclassified, resulting in the employees being required to work holidays they previously had off. The arbitrator found the human services agency could change the holiday schedule if it negotiated with the union in compliance with the labor agreement. The arbitrator did not award the union's request to return to the previous holiday schedule but did specify steps to be taken before implementing the change. This is a final ruling, and the union’s assertion that the arbitrator failed to rule is without merit. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 9, 2024, Case #: A-23-603, Categories: Civil Rights, Employment, Labor / Unions
J. Hall grants the county's, sheriff's and board of commissioners' motion to dismiss the widower's civil rights action arising from his wife's death in a car collision with a deputy. The deputy was driving at fast speeds to respond to an emergency call. The county had no authority to control the deputy and therefore cannot be held liable under a theory of supervisory liability for his actions. The deputy and the sheriff are entitled to immunity from the widower's civil rights claims.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: April 9, 2024, Case #: 1:23cv112, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Rights, Negligence
J. Kocoras partially grants and partially denies both groups of window and curtain companies’ motions for summary judgment on the plaintiff companies’ patent claims against the defendants. The plaintiff companies alleges the defendant companies are infringing on their patents for a curtain wall system used for facades in high-rise buildings, which the defendants contest. The court splits the opposing motions for summary judgment; finding the defendants have not infringed on certain elements of the system but have infringed on others.
Court: USDC Northern District of Illinois, Judge: Kocoras, Filed On: April 9, 2024, Case #: 1:21cv6618, NOS: Insurance - Contract, Categories: Construction, Patent, Technology
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J. Frank denies the guarantor's motion to dismiss the lender's suit against him for forum non conveniens or a stay pending resolution of another action in California. The parties' agreement includes a valid forum-selection clause, and it is unclear whether the financing involved in the California case are related to the loan at issue here. Public-interest factors have not been shown to sufficiently support dismissal, and it is unlikely that the California action will dispose of any of this case's issues.
Court: USDC Minnesota, Judge: Frank, Filed On: April 9, 2024, Case #: 0:23cv2244, NOS: Other Contract - Contract, Categories: Venue, Contract
J. Cooper denies the travel company's motion to dismiss the photographer's suit alleging that it copied and shared her videos and photographs from her Instagram account without her permission, and grants the photographer's motion for leave to file a third amended complaint. The photographer's proposed third amended complaint cures the pleading defects the travel company points out in its motion to dismiss, namely a lack of specificity in the dates of alleged infringement, and, accepting as true her claimed dates of discovery of the infringement, her claims are not time-barred. Instagram's policies also did not unambiguously grant the travel company the right to share the photographer's copyrighted works.
Court: USDC District of Columbia, Judge: Cooper, Filed On: April 9, 2024, Case #: 1:23cv1528, NOS: Copyrights - Property Rights, Categories: Civil Procedure, Copyright
J. Nichols grants the communications conglomerate's motion to dismiss the right-wing broadcaster's counterclaims seeking indemnification in a suit brought by a voting machine company alleging that the broadcaster defamed the voting machine company in connection with the 2020 presidential election. The broadcaster has not pleaded facts tying this suit to allegedly disparaging statements made by the conglomerate's subsidiaries or its former board chair, nor presented a plausible theory as to why those statements would have influenced the voting machine maker to sue the broadcaster. Non-disparagement provisions in the broadcaster's contract with the communications conglomerate, therefore, do not create an obligation to indemnify the broadcaster. Tortious interference claims also fail, since the broadcaster has not plausibly alleged that the board chair was acting as an agent of the voting machine company or its majority owner when the communications company's subsidiary satellite TV provider dropped the broadcaster.
Court: USDC District of Columbia, Judge: Nichols, Filed On: April 9, 2024, Case #: 1:21cv2130, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Elections, Defamation, Indemnification
J. Chase finds that the trial court properly held an attorney in contempt of court while representing a client in an eviction proceeding. The attorney began to complain about the trial court’s denial of her request for a continuance, claiming it afforded more leniency to the landlord while not providing her the same. After the judge admonished the attorney several times, the attorney's behavior became so disruptive that it required the trial court to pause the business of the court. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: April 9, 2024, Case #: 2023-CA-0783, Categories: Contempt, Evidence
J. Veljacic finds that the lower court improperly granted summary judgment in favor of a homeowners association after a household sued them when they were forced by the HOA to remove a political sign in their yard. They were forced to remove the sign just prior to a primary election, and the local laws governing political signs "unambiguously disallows" an HOA from prohibiting yard signs before an election. Reversed.
Court: Washington Court Of Appeals, Judge: Veljacic, Filed On: April 9, 2024, Case #: 57740-2-II, Categories: Civil Rights, Elections
J. Kobayashi partially excludes reports and testimony from a doctor and toxicology expert who assessed military families who are bringing claims against the U.S. Navy for jet fuel water contamination. The doctor’s opinions on the contamination causing the families’ short term medical issues are admissible as long as they do not rely on studies done exclusively on animals. The doctor cannot testify as to the long term effects, however, as he does not establish specific causation to the jet fuel.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: April 9, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Government, Water
J. White allows a single claim to proceed against Proctor & Gamble from a consumer who say he was tricked into buying a NyQuil product that claimed to have a significant amount of real honey in it, when it had only a small amount of honey. The consumer did not bring forward any evidence that supports his contract and warranty claims, leaving all of them to fail, but there is a potential that some consumers could be misled in regards to what percentage of honey makes up the NyQuil.
Court: USDC Northern District of California, Judge: White, Filed On: April 9, 2024, Case #: 4:23cv5061, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, False Advertising
J. Poissant finds that the mother's parental rights to her son were properly terminated based on sufficient evidence to support the best interest finding. The case worker testified that the mother was homeless and did not have "any type of residence." Also, the child's medical needs were neglected by the mother. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: April 9, 2024, Case #: 14-23-00499-CV, Categories: Evidence, Family Law
Per curiam, the appellate court conditionally grants a writ of mandamus to vacate an order to compel the relator entities to respond to pre-arbitration discovery requests for underlying tort claims. The trial court abused its discretion by delaying a ruling "on the merits of arbitrability until after discovery."
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 9, 2024, Case #: 14-23-00872-CV, Categories: Arbitration, Tort, Discovery
J. Mullins finds the hearing officer from the Commission of Motor Vehicles improperly admitted the incident report from the police officer regarding his arrest of the petitioner on DUI charges. The report was not completed within three days of the petitioner's request, as required under Connecticut law. Although the three-day filing requirement contains no prohibitory language, it is mandatory because it ensures the arresting officer's recollection of the incident is accurate and affords the arrested individual due process. Reversed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: April 9, 2024, Case #: SC20703, Categories: Civil Procedure, Licensing, Due Process
Per curiam, the appeals court finds the trial court partially erred in denying defendant's motion for postconviction relief based on ineffective assistance of counsel at his trial which ended in him being convicted of attempted first-degree murder and other charges. The trial court did not attach enough findings to totally refute defendant's claim it denied regarding unimpeached video testimony from the victim, so the case is remanded for the trial court to either hold an evidentiary hearing or attach the needed records. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: April 9, 2024, Case #: 22-1055, Categories: Evidence, Ineffective Assistance, Murder
J. Brennan denies the consumer's motion for leave to file a second amended complaint, ruling her failure to inform the court the amended complaint would include new factual allegations was misleading, while the eight month delay between the filing of the first amended complaint and her motion was not supported by good cause and unnecessarily delayed the litigation.
Court: USDC Southern District of Ohio, Judge: Brennan, Filed On: April 9, 2024, Case #: 1:22cv1111, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Civil Procedure, Consumer Law, Class Action
J. Moore finds the lower court erroneously denied the voters' request to convene a three-judge court. Their Fourteenth Amendment claim regarding racial gerrymandering in Ohio raised a federal question that established jurisdiction; therefore, the case will be reinstated to allow the lower court to initiate proceedings to convene a three-judge panel. Reversed.
Court: 6th Circuit, Judge: Moore, Filed On: April 9, 2024, Case #: 23-3910, Categories: Constitution, Elections, Jurisdiction
J. Albregts denies both parties’ motions for summary judgment. The purchaser sues for unjust enrichment, breach of fiduciary duty, legal malpractice’ and fraud regarding an allegedly fraudulent real estate investment scheme. The seller represented herself as a realtor and was retained by the purchaser to purchase various Nevada properties under his name and to rent out and manage those properties for his benefit. The alleged realtor forged deeds and transferred legal title of the properties to and from entities she controlled, leaving the purchaser with one of 24 properties for which he has not received his investment money back. According to the evidence shown, multiple questions of material fact must be decided at trial.
Court: USDC Nevada, Judge: Albregts, Filed On: April 9, 2024, Case #: 2:20cv1683, NOS: Other Contract - Contract, Categories: Fraud, Real Estate, Legal Malpractice
J. Gummer finds that the trial court improperly convicted defendant of a first-degree drug-induced death crime after selling heroin laced with fentanyl. The court should not have admitted a recording of the interrogation since police asked defendant about her cell phone and phone number before reading Miranda rights, and whether the toxicology expert was qualified to testify remains unclear. Reversed in part.
Court: New Jersey Appellate Division, Judge: Gummer , Filed On: April 9, 2024, Case #: A-3224-21, Categories: Drug Offender, Miranda, Experts
J. Mitchell finds that the school's appeal must be dismissed in this sex discrimination suit accusing a sixth-grade teacher of abusing a student because the amount of damages was never written in a final judgment.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: April 9, 2024, Case #: WD86206, Categories: Tort, Damages
J. Witt finds that the lower court improperly denied the man's petition for a writ of mandamus against the Missouri Commission on Human Rights. The evidence establishes that the commission did not make a valid determination of probable cause when terminating his disability discrimination claim and the man had an unequivocal right to the issuance of a right-to-sue letter. Reversed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: April 9, 2024, Case #: WD86214, Categories: Administrative Law, Ada / Rehabilitation Act
J. Ramirez vacates the district court's denial of a motion for a preliminary injunction filed by Indian nationals who challenge the Secretary of State's distribution of visas. Because visa demand was high, the nationals' applications were held in abeyance until visa numbers were available - a delay they challenge. However, U.S. code governing discretionary relief prevents federal courts from hearing a challenge to the department's hold policies, as the actions are left to the discretion of the Attorney General. Vacated.
Court: 5th Circuit, Judge: Ramirez , Filed On: April 9, 2024, Case #: 23-40398, Categories: Government, Immigration, Agency
J. Sutton finds that the lower court properly found for the zoning commission in a dispute over its handling of a plot amendment application to permit construction of a new home without a 25-foot setback requirement. The challenger has not demonstrated genuine issues of material fact remain in dispute that prevent the entry of summary judgment. Affirmed.
Court: Missouri Court Of Appeals, Judge: Sutton, Filed On: April 9, 2024, Case #: WD86307, Categories: Zoning
J. King finds the lower court properly denied the defendant's suppression motion. Police tracked a pair of men that vaguely matched the description witnesses of a murder gave. The two men carried small black bags. An officer approached the pair at an apartment complex, and they immediately tried to escape, but the defendant was unsuccessful. Before the officer could cuff the defendant, he flung his bag into the courtyard below. Inside the bag was a pistol matching the description of the murder weapon, along with cannabis. The defendant argued the officer had no right to search through his bag, but the defendant relinquished ownership of the bag when he threw it away. Affirmed.
Court: 4th Circuit, Judge: King, Filed On: April 9, 2024, Case #: 23-4179, Categories: Evidence, Firearms, Murder