179 results for 'filedAt:"2023-08-11"'.
J. Pitman partially rejects efforts by a charter school to dismiss a lawsuit brought by the Black former COO and CFO of the company, who alleged he was wrongfully fired based on his race and in retaliation because he’d reported alleged “discrepancies” in the company’s financial records. That former employee has failed to sufficiently allege that he would not have been terminated but for his race, not least because he simultaneously alleges that he was fired for whistleblowing.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: August 11, 2023, Case #: 1:21cv334, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination, Whistleblowers
J. Settle denies the jail nurse's motion to dismiss the detainee's medical negligence and deliberate indifference claims alleging that the nurse falsely documented that the detainee did not have impaired mobility from his ankle injury following a chase with the county's police officers. The detainee plausibly alleges that the nurse's alleged actions did cause him injury if it is proven that the nurse falsely reported that the detainee did not have any recent hospitalizations and did not have impaired mobility issues.
Court: USDC Western District of Washington, Judge: Settle, Filed On: August 11, 2023, Case #: 3:22cv5862, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence
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J. Nelson finds that the district court improperly entered summary judgment in an action brought by a Chinese company seeking relief under the Racketeer Influenced and Corrupt Organizations Act (RICO) for allegedly defective products purchased from a California-based company. The district court applied the incorrect legal standard by holding that the Chinese company failed to satisfy statutory standing because it lacked a domestic injury as its alleged harm was in China. The matter is remanded for further proceedings. Reversed in part.
Court: 9th Circuit, Judge: Nelson, Filed On: August 11, 2023, Case #: 21-55809, Categories: Product Liability, Racketeering
J. Mollway partially grants summary judgment on a religious discrimination claims by a temple that seeks a permit to operate a commercial wedding business on agriculturally zoned land. The denial of the permit fails strict scrutiny analysis as Maui Count does not show that the denial was based on any narrowly tailored law with compelling government interest.
Court: USDC Hawaii, Judge: Mollway, Filed On: August 11, 2023, Case #: 1:14cv535, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Zoning
J. Byrne finds the trial court properly terminated the mother's parental rights. The evidence against the mother is sufficient because the disputed facts were not so great that the court could not have reached a decision on whether termination of rights was in the best interest of her children. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: August 11, 2023, Case #: 03-23-00139-CV, Categories: Family Law
J. Chasanow partially affirms the bankruptcy court’s partial summary judgment granted to a debtor who filed for bankruptcy after his property was bid upon by a buyer when the debtor didn’t pay his property taxes. The buyer bid on the property but did not pay the full amount before the debtor filed for bankruptcy, preventing completion of the sale. The bankruptcy court was correct in granting partial summary judgment, so foreclosure is avoided and the title stays with the debtor.
Court: USDC Maryland, Judge: Chasanow, Filed On: August 11, 2023, Case #: 8:22cv2694, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Property, Foreclosure
J. Saris grants police officers’ motion for summary judgment against a couple suing them for illegally arresting and using excessive force against the man of the couple. The man’s claim that the officers falsely arrested him is incorrect because he was arrested for and convicted of failing to stop for a police officer, and the claim must be dismissed since his conviction hasn’t been invalidated. His equal protection claim doesn’t stand because that would require recognizing a direct cause of action under the Massachusetts Declaration of Rights, which would mean developing and expanding upon state law.
Court: USDC Massachusetts, Judge: Saris, Filed On: August 11, 2023, Case #: 1:18cv11161, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Equal Protection, Police Misconduct
J. Malphrus grants the respondent’s motion to remand the record of his removal proceedings and the denial of his application for protection under the Convention Against Torture to the immigration judge. The respondent claims two men wearing police uniforms detained him in the Dominican Republic, stabbed him with a screwdriver and ordered him to repay money. He says the men shot him and that he was hospitalized, then released into the custody of the same men, who again stabbed him. Review of the claim should include a determination as to whether the men were actual police officers and, if so, whether their conduct was undertaken “in an official capacity.”
Court: Board of Immigration Appeals, Judge: Malphrus, Filed On: August 11, 2023, Case #: 4064, Categories: Evidence, Immigration, Due Process
J. Graber finds that the district court properly denied defendant's motion to amend his motion to vacate his convictions for witness tampering and discharging a firearm during and in relation to a crime of violence. Defendant alleges that witness tampering is not a predicate crime of violence. Defendant was convicted under a divisible part of the witness-tampering statute that qualifies as a crime of violence. Affirmed.
Court: 9th Circuit, Judge: Graber, Filed On: August 11, 2023, Case #: 22-35030, Categories: Firearms, Sentencing, Witnesses
J. Papik finds the trial court improperly entered judgment against the property owners for unjust enrichment in this suit brought by the purchaser of the property’s tax certificate, which paid its taxes before title was quieted in the owners when it was found that the purchaser did not comply with tax sale statutes. The purchaser transferred the property to an entity whose parent company paid taxes on its behalf. The transferee and its parent company were in privity in the quiet title suit and so the transferee is precluded from litigating this suit. The purchaser’s claim for reimbursement could have been awarded as part of relief the owners sought in a previous lawsuit involving all the parties, and so it is also precluded from seeking relief. A third owner did not plead claim preclusion in the district court and did not appeal the judgment. Affirmed in part. Reversed in part.
Court: Nebraska Supreme Court, Judge: Papik, Filed On: August 11, 2023, Case #: S-22-673, Categories: Property, Tax, Business Expectancy
J. Kirsch finds that the lower court improperly denied the cremation society's request to recover attorney's fees after defeating a software company's copyright allegations against it. The software company argued the society prevailed because of an intervening Supreme Court case, Google v. Oracle America, that made its fair use defense "ironclad," but the Supreme Court's ruling simply clarified the strength of that defense - it did not change the law. Vacated.
Court: 7th Circuit, Judge: Kirsch, Filed On: August 11, 2023, Case #: 22-1641, Categories: Copyright, Attorney Fees, Technology
J. Saylor grants a marketing and design studio and its founder’s motion for summary judgment against the fitness studio suing them for having a trademark, logo and website it claims are too similar to its own. The fitness studio’s logo and trademark are not inherently distinctive and it is unlikely that they and the marketing and design studio would be confused with each other, as they are in such different industries.
Court: USDC Massachusetts, Judge: Saylor, Filed On: August 11, 2023, Case #: 1:21cv11763, NOS: Trademark - Property Rights, Categories: Copyright, Trademark, Business Practices
Per curiam, the appellate division finds that the trial court improperly convicted defendant of two counts of kidnapping after he allegedly lured a young boy with disabilities from a store and sexually abused him. Prospective jurors' statements that defendant "must have done something wrong" in order to wind up in a courtroom were harmless since two of the jurors clarified they meant only that defendant must have been accused of doing something wrong. However, evidence obtained from defendant's phone should have been suppressed because the search exceeded the warrant. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 11, 2023, Case #: KA 19-00015, Categories: Jury, Search, Kidnapping
Per curiam, the Guam Supreme Court finds an arbitration panel properly confirmed an arbitration award to the duty free shops in a dispute on lease contracts and various bonds and lines of credit. The shops’ alleged breach of one of their agreements in the use of the funds implicates their main agreement, and “it is consistent with one instrument being used to cover multiple obligations.” Affirmed.
Court: Guam Supreme Court, Judge: Per curiam, Filed On: August 11, 2023, Case #: CVA19-3, Categories: Arbitration, Landlord Tenant, Contract
J. Richardson partially grants the defendant staffing company's motion to compel arbitration and to dismiss the amended complaint alleging a violation of the Tennessee Human Rights Act. The job applicant's claim, which relates to a vaccination requirement, will be referred to arbitration, but the claim is "stayed rather than dismissed."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: August 11, 2023, Case #: 3:22cv847, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. McDade finds that the lower court properly found that the parties pre-nuptial agreement was unenforceable insofar as it waived the husband's maintenance obligations. However, it erred in finding that the husband's house was owned by the parties as tenants in common, so the wife is not entitled to additional equity from the home. Affirmed in part.
Court: Illinois Appellate Court, Judge: McDade, Filed On: August 11, 2023, Case #: 200195, Categories: Family Law
J. Stacy dismisses this interlocutory appeal from a district court order granting a motion to stay arbitration proceedings between Walgreens and its landscaping and property maintenance contractors, arising from a negligence suit brought by a customer who incurred injury from slipping and falling on an icy sidewalk. No final judgment or decree has been entered, and there has been no proper certification under the Nebraska statute governing negligence actions against multiple parties.
Court: Nebraska Supreme Court, Judge: Stacy, Filed On: August 11, 2023, Case #: S-22-603, Categories: Arbitration, Negligence, Due Process
J. Wood finds that the lower court properly entered a $3.3 million jury award against the medical device maker on a strict liability failure-to-warn claim stemming from the fracturing of a patient's retrievable intravascular filter that left pieces embedded in the wall of her heart. The device maker did not show that the 510(k) clearance of its Meridian filter was based on the FDA's determination that it complied with any specific safety standards, rather than its similarity to previously approved devices. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: August 11, 2023, Case #: 22-2610, Categories: Health Care, Damages, Product Liability
J. Zmuda finds the trial court erroneously excluded defendant's expert witness during his trial on two rape charges. While it was not definitive, his testimony on interview techniques was highly relevant to defendant's argument the victims had been coached by their mother to ensure she maintained custody during the couple's divorce and had been improperly interviewed by a child services employee. Although defendant's attorney was able to cross-examine the employee who conducted the interviews with the victims, she defended her technique, while the prosecutor also made statements about her reliability during closing arguments, all of which prejudiced defendant and prevented him from providing a complete defense; therefore, defendant's convictions will be vacated and the case will be remanded for a new trial. Reversed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: August 11, 2023, Case #: 2023-Ohio-2803, Categories: Sex Offender, Experts
J. Keesler denies, in part, a county and several individuals' motion for summary judgment on a man's civil rights action, in which he alleges a police officer, motivated by jealousy, set him up for a felony drug charge because the officer's ex-girlfriend was dating him. There are questions of fact regarding his claims for unlawful stop and arrest, failure to intervene, false arrest, gross negligence and emotional distress.
Court: USDC Western District of North Carolina, Judge: Keesler, Filed On: August 11, 2023, Case #: 3:21CV39, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct