156 results for 'filedAt:"2023-06-14"'.
J. McDonald finds the lower court properly determined in a mayoral election case that state election laws do not require a municipal court clerk to personally retrieve all mail-in ballots from drop boxes. The relevant statute, when interpreted alongside other election laws, contemplates a clerk will necessarily delegate certain responsibilities to other employees and government actors. Therefore, the lower court properly denied the mayoral candidate's request for mandamus relief. Affirmed.
Court: Connecticut Supreme Court, Judge: McDonald, Filed On: June 14, 2023, Case #: SC20737, Categories: Elections, Government
Per curiam, the Fifth Circuit finds the district court improperly entered summary judgment in favor of the employer in this suit brought on Fair Labor Standards Act grounds alleging a failure to pay overtime. The oilfield line locator and excavating company argues that the employees are administrators and are exempt from overtime under the Act. All employees had the responsibility to stop unsafe work and the record suggests that a reasonable jury could find that those party to the suit did not exercise discretion and independent judgment on significant matters to the extent required for the Act’s administrative exemption. Reversed and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 14, 2023, Case #: 22-50185, Categories: Employment, Labor
J. Block preserves the bulk of a male Latino police officer’s employment discrimination lawsuit brought against the New York Police Department and allows his claims for race and sex-based disparate treatment and hostile work environment to proceed to trial. He sufficiently alleges that his coworkers ridiculed him because he was a tall, handsome and muscular male Latino, calling him a “stud,” forcing him to participate in an arm-wrestling match and telling him he should take his shirt off to get his superiors to like him more.
Court: USDC Eastern District of New York, Judge: Block, Filed On: June 14, 2023, Case #: 1:21cv3601, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
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J. Riley finds that the trial court should have dismissed negligence claims contending a school athletic trainer told plaintiff's daughter not to go to the hospital after she suffered head injuries while playing volleyball for lack of subject matter jurisdiction because the case was not presented to the medical review panel before being filed with the trial court. Reversed.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: June 14, 2023, Case #: 22A-CT-2929, Categories: Negligence, Jurisdiction
J. Boomgaarden finds that the lower court improperly made a temporary child support order a final order in a custody dispute. The lower court did so at the request of the mother, but did not provide the father with his allotted 20 days to respond to it. The order was also made final without the court acquiring enough financial information from the two parties to support the decision. Reversed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: June 14, 2023, Case #: S-22-0272, Categories: Family Law
J. Hellman finds the Land Use Board of Appeals erred in remanding to Deschutes County a declaratory ruling that a use had been initiated on property. “The issue of whether the guest ranch use was abandoned sometime after the use was initiated was beyond the scope of the specific proceeding.” Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: June 14, 2023, Case #: A180668, Categories: Property
J. Thissen affirms the defendant's first-degree arson conviction, but concludes, contrary to the Court of Appeals' finding, that the relevant statute requires the state to prove that a fire was set "in a manner not authorized by law" as an element of the offense. The state met its burden to show this element, however, and failure to instruct the jury on this element is not reversible error. Affirmed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: June 14, 2023, Case #: A21-0477, Categories: Arson, Jury Instructions
J. Desmond upholds the lower court's dismissal of a doctor's negligence claim against another physician for reporting his alleged opioid dependency. The physician was protected by the limited immunity granted to those making a report to a peer review committee. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Desmond, Filed On: June 14, 2023, Case #: 22-P-4 , Categories: Health Care, Immunity
J. Smith finds that the trial court properly found the individual to be a sexually violent predator. The individual failed to preserve his complaint regarding the lack of a limiting instruction given during the testimony of the state's expert witness. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 14, 2023, Case #: 10-23-00020-CV, Categories: Jury, Commitment
J. Roberts finds that the trial court improperly ruled in this dispute over ownership of a joint business venture by quashing service of process on the business partner, as he failed to timely raise the defense. Reversed.
Court: Florida Courts Of Appeal, Judge: Roberts, Filed On: June 14, 2023, Case #: 1D22-1351, Categories: Civil Procedure
J. Colloton finds a lower court properly denied a citizen of Mexico's petition for review to remain in the U.S. The defendant argued that he is entitled to relief based on his lawful permanent resident status, which was granted in 2016. However, while residing in the U.S., he was convicted on charges of possession of meth and domestic battery. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: June 14, 2023, Case #: 22-1655, Categories: Drug Offender, Immigration, Domestic Violence
J. Kobes finds a lower court properly dismissed a citizen of Sierra Leone's application to remain in the U.S. The immigrant, who gained lawful permanent residency in 2010, argued that she is entitled to relief. However, she and her husband operated a health care service in order to defraud Medicaid. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: June 14, 2023, Case #: 22-2166, Categories: Fraud, Medicare
J. Smith finds a lower court properly dismissed a former Missouri council member's civil rights claims against the State. The former council member argued that the lower court erred in abstaining the issue until the results of her impeachment proceedings ended. However, she failed to pursue judicial review in State court. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 14, 2023, Case #: 22-2388, Categories: Civil Rights, Government
J. Jackson denies a “bizarre” request by the East Baton Rouge Parish sheriff for reconsideration of an apparently favorable ruling dismissing constitutional claims of medical neglect against him, arising from the death of a pretrial detainee in the parish prison. The sheriff “quibbles” with the order that he alone, as “keeper” of the keys, should respond to the suit because adding the same official-capacity claims against other sued entities is confusing and unnecessary. All constitutional claims have been dismissed against the sheriff, the city-parish, and the jail’s private health contractor. So, barring any reinstatement of claims, revisiting the dismissal order would be “an exercise of impermissible speculation.”
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: June 14, 2023, Case #: 3:22cv488, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Negligence, Wrongful Death
J. Aiken grants the estate representative's motion for sanctions claiming that the healthcare company purged its emails of evidence related to the lawsuit alleging the county's subordinates were responsible for the decedent's death. The estate representative plausibly alleges its claim because the first email purge happened after the healthcare company received notices of a tort claim and evidence preservation, and the healthcare company denied doing so for months despite repeated inquiries.
Court: USDC Oregon, Judge: Aiken, Filed On: June 14, 2023, Case #: 6:19cv1883, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions, Discovery
J. Schofield partially denies both parties cross-motions for summary judgment in a trademark dispute over the mark "Red Gold" used on watch and jewelry products. The issue of the mark's genericness cannot be resolved without further evidence, and a jury could find that the defendants' use of the term "red gold" is likely to cause consumer confusion with the plaintiff watchmaker's products.
Court: USDC Southern District of New York, Judge: Schofield, Filed On: June 14, 2023, Case #: 1:19cv1262, NOS: Trademark - Property Rights, Categories: Trademark