170 results for 'filedAt:"2023-06-22"'.
J. Stegner finds that the district court properly granted a city summary judgment on the civil rights claims of two ticketholders who were denied entry to a concert because they carried firearms. The private tenant that rented a city park to hold the concert was entitled to enforce its own rules against the possession of firearms. The ticketholders' Second Amendment rights were not implicated because they were not deprived of a constitutional right by a government actor. And their equal protection claims repeat their failed Second Amendment claims. Affirmed.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: June 22, 2023, Case #: 48975, Categories: Civil Rights, Landlord Tenant, Firearms
J. Gillmor dismisses negligence and emotion distress claims filed against Honolulu by an individual who was wrongfully convicted and imprisoned for sexual assault. The claims are time-barred, as the conviction occurred nearly two decades ago and the individual had been released from prison for eight years by time of the suit. The wrongfully convicted individual was also unable to specify who exactly from the city acted against him and in what manner.
Court: USDC Hawaii, Judge: Gillmor, Filed On: June 22, 2023, Case #: 1:21cv461, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Negligence
J. Wilson finds that the district court's decision vacating a nationwide mandate requiring people to wear masks on public transportation should itself be vacated. The decision arose out of a challenge to the CDC's mandate brought by an organization alleging that it was unlawful under the Administrative Procedure Act. The case is dismissed because the issue is now moot. The mandate expired with the end of the public health emergency and there is no reason to expect that it will be reinstated.
Court: 11th Circuit, Judge: Wilson, Filed On: June 22, 2023, Case #: 22-11287, Categories: Administrative Law, Covid-19
J. Gesner denies a U.S. Patent Office staff member’s motion for default judgment following his claims of constitutional violations, including whistleblower protections, against the office for failure to state a claim. The staffer alleges that while employed there, he reported multiple computer security law violations by the office and was fired shortly thereafter. But he fails to present plausible evidence that the office fired him in retaliation.
Court: USDC Maryland, Judge: Gesnet, Filed On: June 22, 2023, Case #: 1:22cv2360, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Whistleblowers, Employment Retaliation
J. Ceresia finds that the lower court properly dismissed claims challenging the state human rights division's finding of "no probable cause" in a mid-level unit chief's claims that he was defamed when the state attorney general's office denied employee building-access records on the basis of endangering named workers. The chief portrayed the response as retaliation for employment discrimination claims he brought against his former employer, but the denial did not constituted an adverse employment action. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: June 22, 2023, Case #: 535962, Categories: Defamation, Employment Retaliation
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J. Baker finds the Department of Motor Vehicles properly ruled to revoke a vehicle-dealer license to the owners of a car dealership. The owners assert that the DMV failed to provide proper due process to negotiate lesser sanctions against them. However, the owners were provided due process and the ability to schedule a rehearing of their case with the DMV. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: June 22, 2023, Case #: 03-22-00084-CV, Categories: Government, Licensing, Vehicle
J. Vigil finds a lower court ruled partially correctly in an insurance dispute. After a consumer said he developed breathing problems as a result of water damage to his home, he sued both his insurer and a company that he hired for abatement, but lower courts correctly concluded New Mexico does not allow for “duplicate compensatory damages.” However, a lower court erred somewhat in determining what damages were due from what party. Affirmed in part.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: June 22, 2023, Case #: S-1-SC-38872, Categories: Insurance, Negligence, Contract
J. Egan finds that the lower court properly declined to dismiss injury claims brought after plaintiff slipped and fell outside a casino. The property owner cited the "storm in progress" rule, but questions of fact remained unresolved as to whether ice on the sidewalk had been fresh or days old. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: June 22, 2023, Case #: 535662, Categories: Property, Tort
J. Brown finds that the trial court improperly ruled in favor of the clinic in an action brought by the patient as to her negligence claim arising from injuries she allegedly suffered due to an incorrectly performed blood draw. No expert testimony is required for the ordinary negligence claim because the immediate pain the patient suffered due to the technician's alleged negligence during the blood draw can be examined by ordinary people using common knowledge. However, the trial court correctly found in favor of the clinic as to the patient's battery claim because the patient never communicated that she did not consent to the blood draw. Reversed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: June 22, 2023, Case #: A23A0057, Categories: Negligence
J. Petrou finds that the trial court improperly held that a city's 2005 loan agreement with a developer barred the later imposition of impact fees on the project. The agreement cannot be interpreted in a way that infringes on the City's police powers to enforce affordable housing, transportation and capital improvement impact fee ordinances. Reversed.
Court: California Courts Of Appeal, Judge: Petrou, Filed On: June 22, 2023, Case #: A164315, Categories: Municipal Law, Zoning, Housing
J. Pryor finds that the district court improperly denied the employee's motion to alter a judgment awarding him $240,000 in lost wages in an action against the employer alleging discrimination and retaliation in violation of the Uniformed Services Employment and Reemployment Rights Act. The motion arose after the jury found that the employer willfully violated the law, which would have resulted in a double damages award for the employee under the statute. The district court incorrectly ruled that the jury's finding on willfulness was merely advisory. The jury's finding was binding and should have been honored. Sufficient evidence supported the jury's verdict on the employee's claim for discrimination, including evidence that the chief pilot expressed hostility towards military pilots including the employee. Reversed in part.
Court: 11th Circuit, Judge: Pryor, Filed On: June 22, 2023, Case #: 22-11322, Categories: Jury, Employment Discrimination
J. Douglas finds the district court properly determined that it has subject matter jurisdiction over this insurance dispute arising from a hit-and-run in which the at-fault driver was criminally charged. His failure to cooperate in the state litigation resulted in the court entering final default judgment awarding the injured parties $163,822 in actual and exemplary damages. Allstate then filed suit in federal court, saying the award exceeded the liability limit for the policy, adequately alleging diversity jurisdiction. Affirmed.
Court: 5th Circuit, Judge: Douglas, Filed On: June 22, 2023, Case #: 22-20405, Categories: Insurance, Jurisdiction
J. Kautz finds that the lower court properly divided marital property and granted a mother primary custody of two children in a divorce dispute. The division of property was calculated correctly based on evidence on the record, and it was not unreasonable for the lower court to determine that it was in the children's best interests to award primary custody to the mom. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: June 22, 2023, Case #: S-22-0264, Categories: Family Law
J. Blackburne-Rigsby finds the trial court improperly refused to find if a gas station that has been deemed a nuisance due to drug and firearms-related issues is required to hire security officers. Contrary to the trial court's holding, the landlord that leases the property to a gas station operator is a proper party with which it can enter an order regarding the need for security. Reversed.
Court: DC Court of Appeals, Judge: Blackburne-Rigsby, Filed On: June 22, 2023, Case #: 20-CV-0767 , Categories: Civil Procedure, Landlord Tenant, Property
J. Schroeder grants, in part, two blind individuals' and two advocate groups' motion for injunctive relief pertaining to their claim a health care system does not accommodate the blind. Because the individuals have shown they will suffer irreparable harm without an injunction, and the balance of hardships and public interest weigh in favor of imposing it, the health care system is order to provide material information to patients in accessible formats, such as large print or Braille.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: June 22, 2023, Case #: 1:18cv994 , NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Health Care, Injunction
J. Starr denies, in part, two companies' and an individual's motion to dismiss a receiver's action to recover more than $20 million he claims was fraudulently transferred to them to avoid an underlying suit filed by defrauded investors. He adequately pleads his claims for actual fraudulent transfer, unjust enrichment, and money had and received.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: June 22, 2023, Case #: 3:22cv1935, NOS: Other Statutory Actions - Other Suits, Categories: Fraud
J. Maxwell finds the lower court properly convicted defendant of aggravated assault for shooting a man in the back after an altercation at a convenience store, and sentenced him to 15 years incarceration with three years suspended. Defendant claims he received ineffective assistance from trial counsel, but the instant court finds no deficiency in his representation. Affirmed.
Court: Mississippi Supreme Court, Judge: Maxwell, Filed On: June 22, 2023, Case #: 2022-KA-00236-SCT, Categories: Ineffective Assistance, Assault
J. Maxwell finds the lower court improperly denied a store’s motion for summary judgment in this negligence claim. A customer allegedly slipped and fell within a minute of entering the store, sustaining injury. The customer did not know what caused the slip, and did not see any hazard before, during, or after the incident. The store employee who took the incident report amended it the following day to show that carpet freshening powder had been the culprit, and that it was cleaned up after the customer reported the fall. The customer presented no evidence that indicated when or how the spill occurred, nor did she present evidence to show the store was negligent, or had knowledge of the spill for any length of time and failed to take action. Reversed.
Court: Mississippi Supreme Court, Judge: Maxwell, Filed On: June 22, 2023, Case #: 2022-IA-01054-SCT, Categories: Evidence, Negligence, Premises Liability