96 results for 'filedAt:"2024-04-15"'.
J. Urias denies, in part, the sheriff's department's motion to dismiss, ruling the detective's allegations of frivolous disciplinary write-ups and a demotion after he reported misconduct by several coworkers and the undersheriff are sufficient to support his claim for violations of the New Mexico Whistleblower Protection Act. However, even though the detective's reports of misconduct qualify as protected speech, his First Amendment retaliation claim must be dismissed because he fails to show how any of the individual defendants violated his free speech rights.
Court: USDC New Mexico, Judge: Urias, Filed On: April 15, 2024, Case #: 2:23cv355, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Employment Retaliation, First Amendment
J. Gustafson finds for the commissioner of internal revenue in this tax liability dispute because plaintiffs were not entitled to a deduction for losses stemming from investments tied up in the Bernie Madoff Ponzi scheme since the value was not an asset held in the couple's account at the time of the theft.
Court: U.S. Tax Court, Judge: Gustafson, Filed On: April 15, 2024, Case #: 2024-43, Categories: Tax
J. Buchanan finds that the trial court properly admitted statements made by a sexual abuse victim to her friends about abuse that occurred years before. The "fresh complaint" doctrine, which rejects complaints unless they are made immediately after alleged abuse, is outdated since child victims often delay their disclosure of abuse. The trial court admitted the statements for the nonhearsay purpose of establishing the nature of her disclosure, and trial courts are encouraged to refer to this practice as the "prior disclosure" doctrine. Also, expert testimony about Child Sexual Abuse Accommodation Syndrome was properly admitted. However, the trial court should have applied presentence conduct credits to defendant's sentence. Reversed in part.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: April 15, 2024, Case #: D083310, Categories: Evidence, Sentencing, Sex Offender
J. Bennett grants cross-motions for judgment on the pleadings in favor of Under Armour brought by the insurer in this insurance dispute from a consolidated class action over securities, derivative matters and a government investigation. The parties reached an agreement, and they no longer dispute the insurance coverage during the relevant times.
Court: USDC Maryland, Judge: Bennett, Filed On: April 15, 2024, Case #: 1:22cv2481, NOS: Insurance - Contract, Categories: Insurance, Securities, Class Action
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Bredar grants a landlord’s motion to dismiss lease agreement dispute brought by a tenant who alleges the apartment had habitability issues and she opened a rent escrow action. The court finds this case should be dismissed for the tenant’s failure to effect service and she has been harassed in an attempt to collect a debt by sufficiently stating the claim. The motion for default judgment is granted in favor of the tenant, she needs to file an additional accounting brief.
Court: USDC Maryland, Judge: Bredar, Filed On: April 15, 2024, Case #: 1:23cv342, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Landlord Tenant, Consumer Law
J. Dwyer finds that the lower court properly corrected a clerical mistake on a sentencing document regarding defendant's assault conviction. The lower court has the legal authority to correct documents to reflect the terms of the sentence that the court intended to pass down, and the record shows that is exactly what the lower court did by fixing some unintentional errors in the document's wording. Affirmed.
Court: Washington Court Of Appeals, Judge: Dwyer, Filed On: April 15, 2024, Case #: 84814-3-I, Categories: Criminal Procedure, Assault
J. Hall trims a class action against an energy services broker that was sued by a group of property owners who say it charged them exorbitant variable monthly rates for gas services following the automatic renewal of their respective agreements. The only claim to survive is one for implied covenant of good faith and fair dealing, finding the property owners reasonably expected their rates to be based on current market prices or, at the very least, not double the initial rate after their contracts were renewed.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: April 15, 2024, Case #: 2:22cv3664, NOS: Other Contract - Contract, Categories: Energy, Class Action
J. Holloway finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant was convicted of aggravated statutory rape for engaging in sexual relations with a then 16-year-old girl, and was sentenced to 12 years incarceration. Defendant’s enhanced sentence as a Range III career offender is reasonable as the lower court took into account his seven prior felony convictions. Defendant’s argument of violation of due process is waived, as it was not brought up on lower court proceedings, and his claim of ineffective assistance of counsel fails, as the instant court finds no deficiency in his representation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Holloway, Filed On: April 15, 2024, Case #: M2023-00320-CCA-R3-PC, Categories: Ineffective Assistance, Sex Offender, Due Process
J. Bencivengo finds that the court of federal claims improperly ruled in claims brought under the National Childhood Vaccine Injury Act stemming from injuries suffered by a minor after receiving several immunizations because the court misinterpreted the term "surgical intervention." Reversed.
Court: Federal Circuit, Judge: Bencivengo, Filed On: April 15, 2024, Case #: 2023-1032, Categories: Tort
J. Clark finds that the lower court improperly denied the consumer's motion to vacate an arbitration award in a dispute over a $199 administrative fee assessed on her purchase of a camping trailer. The dealership knowingly waived its right to arbitrate by filing a motion to dismiss and asking the court to enter a final judgment on the merits of whether the fee applied to the consumer's purchase. Reversed.
Court: Missouri Court Of Appeals, Judge: Clark, Filed On: April 15, 2024, Case #: ED111498, Categories: Administrative Law, Arbitration
Upon remand, J. Barbier rules on the Fifth Circuit's question of “who, specifically” directed the closing of Louisiana's Bayou Steel plant and the illegal mass layoff of its 300 employees in 2019, without the 60-day notice required by the federal WARN Act. Black Diamond, the company that owned the private equity fund that acquired Bayou Steel, is not liable for closing the plant or terminating its employees without proper notice, merely for its decision to make additional loans to the financially troubled mill. Three directors Black Diamond installed on Bayou Steel’s board of directors apparently made the “ultimate decision” to shutter the plant once it become clear there would be no additional funding. Furthermore, the laid-off workers acknowledged Black Diamond had no legal obligation to continue lending money to the mill.
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: April 15, 2024, Case #: 2:20cv1476, NOS: Other Labor Litigation - Labor, Categories: Employment, Business Practices
J. Boardman denies the Trustee of the bankruptcy estate’s motion to dismiss this bankruptcy appeal. The court dismisses a compensation order for lack of jurisdiction, vacates the bankruptcy court’s denial of motion to dismiss, and remands the case back to the bankruptcy court for further proceedings. The bankruptcy court abused its discretion in denying the consumer’s motion to dismiss.
Court: USDC Maryland, Judge: Boardman, Filed On: April 15, 2024, Case #: 8:23cv3135, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Civil Procedure, Jurisdiction
J. Falk finds a lower court properly dismissed a property investment group's challenge to an income tax imposition by revenue and customs. The property company argued that it was not obligated to deduct interest payments on financed debt. However, revenue and customs sufficiently showed in court that interest on loans they took out were established in the U.K.
Court: Her Majesty's Court of Appeal, Judge: Falk, Filed On: April 15, 2024, Case #: CA-2023-1517, Categories: Property, Tax
J. Mullen finds that the lower court properly affirmed the workers' compensation commission's decision denying the worker's claim for additional injuries after originally awarded him permanent partial disability benefits of $609 per week for 41 weeks. The commission reasonably relied on medical expert testimony that there is way that the worker's ankle injury would cause arthritis in his knee and hip. Affirmed.
Court: Illinois Appellate Court, Judge: Mullen, Filed On: April 15, 2024, Case #: 230180WC, Categories: Agency, Workers' Compensation
J. Mullen finds that the lower court properly found the deceased's partner was not his valid spouse, as they were never legally married despite having a marriage ceremony because the deceased was a ward and lacked the capacity to consent to the marriage. Illinois does not recognize common law marriage, and the woman raised her putative-spouse claim more than two years after the man's death, leaving them barred by the Probate Act. Affirmed.
Court: Illinois Appellate Court, Judge: Mullen, Filed On: April 15, 2024, Case #: 230195, Categories: Family Law, Wills / Probate
Per curiam, the circuit finds that the district court properly confirmed an arbitration award assessing withdrawal liability against a business that contributed to a multi-employer union pension fund. The ERISA exemption from liability did not apply when the business shut down because the firm and its predecessor-in-interest provided installation and maintenance for Time Warner Cable in the New York City area, services which were not part of the building and construction industry. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: April 15, 2024, Case #: 23-647-cv, Categories: Erisa
[Consolidated.] J. Bright finds the trial court properly dismissed a renewable energy developer’s declaratory and injunctive relief for a lack of standing to assert claims against a competing energy developer and its subsidiary for a construction project. The renewable energy developer alleges the competing energy developer’s bid certification was false but fails to show the fraud, corruption or favoritism that allegedly undermines the bidding process. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: April 15, 2024, Case #: AC54620, Categories: Construction, Energy, Fraud
J. Frisch affirms the district court's grant of summary judgment to the school district transportation service coordinators and consultants in the transportation service providers' suit against them stemming from the providers' loss of actual or prospective business. Breach of illusory contract is not a cognizable cause of action under Minnesota law, and the district court properly disregarded several statements that would not be admissible at trial in considering summary judgment motions. Breach-of-contract and tortious-interference claims were also properly dismissed. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Frisch, Filed On: April 15, 2024, Case #: A23-0644, Categories: Interference With Contract, Contract
J. Haynes finds the district court properly dismissed the civil rights complaint. County employees alleged the constable, upon his election, instituted certain reforms to ensure he would continue to be elected, including retaliating against employees who impeded his campaign functions. Retaliation allegedly included various actions from transfer to termination. The employees fail to show that alleged First Amendment violations resulted from an official county policy. Affirmed.
Court: 5th Circuit, Judge: Haynes , Filed On: April 15, 2024, Case #: 22-20627, Categories: Elections, Government, Employment Retaliation
Per curiam, the Oklahoma Supreme Court approves Richard David Marrs' resignation pending disciplinary proceedings. Marrs is aware of allegations of his violations of rules of professional conduct and disciplinary proceedings. The attorney may apply for reinstatement after five years. His resignation was freely and voluntarily tendered, and he agrees to all conditions.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: April 15, 2024, Case #: SCBD-7599, Categories: Due Process, Attorney Discipline
J. Nachmanoff grants the hospital's motion for summary judgment. The employee claimed the hospital's the COVID-19 vaccination requirement violated his religious beliefs concerning abortion, which prevent him from taking any product developed or tested using aborted fetal cell lines. However, the hospital had approved use of the Novavax vaccine that does not contain fetal cell lines.
Court: USDC Eastern District of Virginia, Judge: Nachmanoff, Filed On: April 15, 2024, Case #: 1:23cv132, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination, First Amendment
J. Quattlebaum finds the lower court properly granted summary judgment to the United States Patent and Trademark Office. The creators of TImberland boots sought to register certain features from the design of its popular boot under the Lanham Act as trade dress. The law prohibits the registration of product designs that have not acquired a distinctive meaning identifying the product with its maker in the minds of the consuming public, including Timberland boots. Affirmed.
Court: 4th Circuit, Judge: Quattlebaum, Filed On: April 15, 2024, Case #: 23-1150, Categories: Patent, Trademark, Agency
Per curiam, the Louisiana appellate court finds that the trial court should not have denied the state’s motion to disqualify a doctor who provided a report to the court regarding defendant’s competency. After the doctor rendered her expert opinion regarding defendant’s competency, the defense hired her as their expert to examine defendant and render an opinion regarding his sanity at the time of the offense. Therefore, the doctor cannot be considered independent from her role as a court-appointed expert of the sanity commission. Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: April 15, 2024, Case #: 24-K-30 , Categories: Competence, Experts
J. Phillips finds that the lower court properly ordered the enforcement of a subpoena against a doctor regarding an investigation into his practice of being the "second-most prolific prescriber" of benzodiazepines in New Mexico. The feds began looking into his dealings and issued an administrative subpoena against him, which the doctor challenged on constitutional grounds. But none of his arguments, such as claiming that the Fifth Amendment’s privilege against self-incrimination would shield him from complying with the order, have merit under the law. Affirmed.
Court: 10th Circuit, Judge: Phillips, Filed On: April 15, 2024, Case #: 23-2073, Categories: Criminal Procedure, Constitution, Discovery