69 results for 'judge:"Rice"'.
J. Rice grants the farm workers leave to file a third amended complaint for the unresolved claims affected by the 2022 final rule of the U.S. Department of Labor's prevailing wage finding methodologies, as their lawsuit claims that the agency made policy changes that drastically lowered the minimum wage of farmworkers in the H-2A temporary agricultural visa system. The farm workers contend that the agency is not prejudiced by a third amended complaint that includes already known facts, and the government department does not object to challenges to discrete aspects of its new prevailing wage finding methodology.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: July 27, 2023, Case #: 1:20cv3241, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Government, Labor
J. Rice grants the Psychiatry Department Chair's motion for sanctions against the university, ruling he was prejudiced by its deletion of emails between he and his administrative assistant because it will prevent him from presenting a complete picture of his ability to effectively communicate with students and other staff members. The university will be precluded from presenting any evidence to the jury about the chair's alleged failure to effectively communicate with students or that they avoided him prior to his termination.
Court: USDC Southern District of Ohio, Judge: Rice, Filed On: July 26, 2023, Case #: 3:18cv358, NOS: Employment - Civil Rights, Categories: Education, Sanctions, Employment Discrimination
J. Rice denies the delivery drivers' motion for conditional class certification, ruling the lack of evidence FedEx had any control over their employment with third-party intermediary companies prevents the drivers from being grouped together as a class, especially considering FedEx did not pay them and did not have the authority to fire them.
Court: USDC Southern District of Ohio, Judge: Rice, Filed On: July 25, 2023, Case #: 3:20cv346, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Rice grants FedEx's motion to compel arbitration regarding the business owner's claim that FedEx's station manager made racially derogatory comments about people of color, including the business owner, and that FedEx did not provide loading assistance to the business and its drivers, which caused packages to not arrive on time. The Transportation Worker Exemption does not apply to the business or its owner because the original contract was signed between two corporate entities, FedEx and the business. Neither the business nor its owner qualifies as a worker.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: July 19, 2023, Case #: 2:23cv95, NOS: Other Civil Rights - Civil Rights, Categories: Arbitration, Civil Rights, Contract
J. Rice finds that the trial court properly enforced a settlement agreement requiring the sale of a parcel to the owner of an adjacent property by a specific date for $170,000 or an appraised value, whichever was higher. The owner of the adjacent property failed to satisfy the conditions of purchase by the specific date, so under the doctrine of equitable conversion a subsequent fire that destroyed a residence on the parcel did not void the sale. And the seller was due an award of attorney fees as the prevailing party in a specific enforcement lawsuit. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: July 18, 2023, Case #: DA 22-0487, Categories: Property, Settlements, Attorney Fees
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J. Rice partially grants class certification for the package driver's claim that UPS did not comply with the Uniformed Services Employment and Reemployment Rights Act when it did not compensate his short-term leaves, which he took as part of his obligations to the Army Reserve. The driver sufficiently identifies common questions of law and fact involving himself and other package drivers, such as how non-military leave is not comparable to military leave under USERRA for those who require it.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: July 5, 2023, Case #: 2:21cv114, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Military, Class Action
J. Rice approves of the consent decree between the environmental organization and the non-profit organization regarding the environmental organization's claim that the non-profit organization, in violation of the Solid Waste Disposal Act, stored manure in inadequately lined storage lagoons that contaminated the groundwater. Among other stipulations, the non-profit organization must empty three lagoons used for manure storage by Aug. 1, 2023 for Lagoons 1 and 2 and by Sep. 30, 2024 for Lagoon 4.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: June 20, 2023, Case #: 1:19cv3110, NOS: Environmental Matters - Other Suits, Categories: Environment, Water
J. Rice finds that the trial court properly denied a challenge to the constitutionality of the regulatory authorization granted to the Department of Transportation. The legislature established the criminal penalties for improper warning devices on oversized commercial truck loads and limited the department's enforcement authority such that it did not impermissibly delegate a lawmaking function. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: June 20, 2023, Case #: DA 22-0622, Categories: Constitution
J. Rice finds that the district court properly ordered a county to release video and other records of a traffic stop which resulted in misdemeanor charges against a state senator. The senator's privacy interest in his confidential criminal justice information was largely outweighed by the merits of public disclosure, and certain personal identification information was properly redacted. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: June 13, 2023, Case #: DA 22-0182, Categories: Public Record, Vehicle