122 results for 'filedAt:"2023-09-11"'.
J. Gabriel finds the lower court erroneously declined to extend the litigation privilege to attorneys representing a class of employees at a beauty salon. Conditioning privilege on whether attorneys have made sufficient allegations that a class is ascertainable would improperly limit privilege, especially in cases like this, where the attorneys made public statements to sound out class members prior to obtaining business records from the employer. Therefore, because all of the allegedly defamatory statements about the employer's business practices bore some relationship to the suit, they were protected by privilege. Reversed.
Court: Colorado Supreme Court, Judge: Gabriel, Filed On: September 11, 2023, Case #: 2023 CO 47, Categories: Discovery, Privilege, Class Action
J. Kleeh grants the supermarket chain's motion to dismiss the former lead store associate's employment discrimination suit claiming the firm terminated her employment on July 1, 2022, after she failed to obtain updated medical information about her ability to work without a cane after being permitted to return to work on light duty following an injury from a fall in the cooler at the Morgantown location on Nov. 17, 2021. The former associate's claim under the West Virginia Human Rights Act fails because she did not plead sufficient facts as to "how the injuries affected her abilities to perform major life activities such that she is disabled."
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: September 11, 2023, Case #: 1:22cv154, NOS: Family and Medical Leave Act - Labor, Categories: Tort, Business Practices, Employment Discrimination
J. Cates finds that the lower court properly dismissed the trust's claims against the bank group on its claims for forgery and wire fraud, but improperly dismissed its unjust enrichment claim in a suit stemming from an adverse possession action over mineral rights. Illinois law recognizes unjust enrichment as an independent cause of action. Reversed in part.
Court: Illinois Appellate Court, Judge: Cates, Filed On: September 11, 2023, Case #: 210381, Categories: Property, Tort
[Consolidated.] J. DeGravelles denies requests by the city and several police officers to dismiss negligence claims by a protester they arrested during a demonstration against the police killing of Alton Sterling in 2017. The lasting impact of the woman’s unlawful arrest is significant. As a licensed professional, she was required to notify licensing agencies about a pending felony charge for “inciting a riot” for the years between her arrest and the expiration date for her prosecution. Also, she says she "has not wanted to protest and has a heightened sense of distrust and fear.”
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: September 11, 2023, Case #: 3:17cv179, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
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J. Baker partially adopts the magistrate judge's recommendation regarding the construction of disputed claims in patents at issue in a civil conspiracy and declaratory judgment action brought by the manufacturer arising after the company got Amazon to remove the manufacturer's standing desk converter units from the site based on a patent infringement claim. Eight of the magistrate judge's recommended constructions are adopted. Constructions are not adopted as to some disputed terms, including a proposed construction for two terms which would limit the word "set" to "pair."
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: September 11, 2023, Case #: 4:21cv368, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent
J. Hess finds the lower court properly granted permanent custody of the child to family services. The mother failed several drug tests throughout her case plan, missed several visits with the child and failed to complete required counseling services, all of which prevent her from providing a safe environment for the child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hess, Filed On: September 11, 2023, Case #: 2023-Ohio-3203, Categories: Evidence, Family Law
[Consolidated.] J. Griffin finds certain amendments to the Ohio Product Liability Act may have ramifications on the bellwether opioid epidemic trial and, therefore, this court certifies the following question of law to the Ohio Supreme Court: to what extend did the 2005 and 2007 amendments to the OPLA abrogate common law public nuisance claims?
Court: 6th Circuit, Judge: Griffin, Filed On: September 11, 2023, Case #: 22-3750, Categories: Health Care, Negligence
J. Greer finds the Immigration Judge improperly granted the respondents’ application for adjustment of status. Respondents were encountered near the southern border, having entered without inspection, admission, on parole. The Cuban Adjustment Act, under which the IJ found them to be eligible for adjustment of status, requires respondents to have been inspected, admitted or paroled. Their release by the DHS on conditional parole is legally distinct from release on humanitarian parole. Vacated and remanded.
Court: Board of Immigration Appeals, Judge: Greer, Filed On: September 11, 2023, Case #: 4066, Categories: Immigration, Due Process
J. Boulee rules in favor of the contractor in a negligence action brought by the crane company's employee arising from injuries he suffered after being electrocuted while disassembling a crane. The contractor contractually retained the company to provide the crane in order to fulfill its own contract with a customer, therefore the company was a subcontractor. The employee was injured during the performance of the contract. The contractor is entitled to immunity because it was the employee's statutory employer under Georgia Workers’ Compensation Act.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: September 11, 2023, Case #: 1:21cv5241, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence
[Consolidated.] J. Kethledge holds the lower court erroneously found the Catholic organization's religious discrimination claims were unripe. Its submission of two separate zoning applications to the township, and two subsequent denials, granted it standing to pursue an injunction based on unfair treatment. The prayer trail and stations of the cross put up by the organization are substantially similar to installments at other public parks and do not constitute a structure under the township's zoning laws; therefore, the organization is entitled to an injunction to allow the displays to be restored before its September 23 event. Reversed in part.
Court: 6th Circuit, Judge: Kethledge, Filed On: September 11, 2023, Case #: 22-2139, Categories: Constitution, Government, Zoning
J. Tymkovich finds that the lower court improperly issued an order that reopened an employment case where an individual sued his employer with age discrimination claims after he was fired. The individual voluntarily dismissed his suit when his contract required him to arbitrate his claims, but when the arbitrator did not find in his favor, he moved to reopen his case. The lower court did not have the authority to grant this request because it was voluntarily dismissed without prejudice, and as a result, was not a final order. Reversed.
Court: 10th Circuit, Judge: Tymkovich , Filed On: September 11, 2023, Case #: 22-1252, Categories: Arbitration, Civil Procedure, Employment
J. Dooley grants the city's motion for summary judgment, ruling the 61-year-old white applicant for the commissioner position was not significantly more qualified than the applicant selected for the position, while a stray remark from a hiring committee member about previously hiring an "old white man" is insufficient to prove discriminatory intent on the part of the committee. Additionally, although the applicant selected for the position was younger than the 61-year-old, he was sufficiently qualified and the gap in age alone cannot be used to support age discrimination claims.
Court: USDC Connecticut, Judge: Dooley, Filed On: September 11, 2023, Case #: 3:21cv771, NOS: Employment - Civil Rights, Categories: Evidence, Government, Employment Discrimination
J. Mehalchick finds that Scranton school board defendants are immune from certain liability as high public officials but allows a maintenance director to continue malicious prosecution, false arrest, and false imprisonment claims contending he had been "scapegoated" when the public found out the school contained toxic lead and asbestos, even though he had tried to warn the school about these hazardous conditions for years. The maintenance worker successfully alleges his arrest for endangering children had been based on false statements designed to shield school defendants from responsibility.
Court: USDC Middle District of Pennsylvania, Judge: Mehalchick, Filed On: September 11, 2023, Case #: 3:22cv1514, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Immunity
J. Byrne finds the lower court properly granted the landlord's motion for possession of the leased premises. The tenant's continued sale of cell phones even after it received two cease-and-desist letters to stop its competition with fellow tenant Verizon Wireless constituted a material breach of the parties' lease. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: September 11, 2023, Case #: 2023-Ohio-3198, Categories: Evidence, Landlord Tenant
J. Robinson finds the trial court properly allowed the victim's parents to testify about his disclosure of defendant's sexual assaults. The testimony was properly limited to the circumstances of the disclosure and corroborated the victim's own testimony, while defendant's attorney was also able to thoroughly cross-examine each of the parents. Affirmed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: September 11, 2023, Case #: SC20683, Categories: Sex Offender, Child Victims
[Consolidated.] J. Cronan partially grants both parties' discovery motions in a dispute between a mining company and its supplier over three contracts to purchase industrial filter presses used to process refinery waste. The miner's expert may testify that bauxite residue in the filters may have caused longer cycle times, but not that this was the only reason for slower-than-expected cycle times. However, the supplier is entitles to dismissal of claims for negligent misrepresentation and unjust enrichment.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: September 11, 2023, Case #: 1:20cv4136, NOS: Contract Product Liability - Contract, Categories: Product Liability, Discovery, Contract
J. Zilly dismisses the bicyclist's claims against King County alleging that a gap in the road owned by the county caused his bicycle to crash, resulting in his injuries. The bicyclist and the county reached a settlement agreement, though the bicyclist may reinstate his claims against the county within 14 days of this order in the event that the parties are unable to perfect their settlement.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: September 11, 2023, Case #: 2:20cv916, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Settlements, Tort
J. Levy denies a water company's motion to exclude expert testimony in anticipation of a trial regarding the Flint water crisis because the expert has a Ph.D. in civil and environmental engineering and more than 40 years experience in water quality assessments, corrosion mitigation, and the behavior of materials exposed to drinking water, which supported conclusions that copper pipes contributed to the crisis.
Court: USDC Eastern District of Michigan, Judge: Levy, Filed On: September 11, 2023, Case #: 5:16cv10444, NOS: Other Civil Rights - Civil Rights, Categories: Water, Negligence, Experts
J. Rushing found that the board improperly held that the immigration judge provided the Mexican immigrant with legally adequate notice of the conditions applicable to his voluntary departure. The relevant regulation unequivocally requires the judge to inform the alien of the bond amount and deadline for the bond before granting voluntary departure. Vacated in part.
Court: 4th Circuit, Judge: Rushing, Filed On: September 11, 2023, Case #: 22-1147, Categories: Immigration, Theft
J. Zimmerman finds the lower court properly granted permanent custody of the children to family services. The mother repeatedly chose to prioritize her toxic relationship with the children's father over the one with her children, while she also failed to address mental health issues and developmental delays that have improved while the children have lived with their foster family. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: September 11, 2023, Case #: 2023-Ohio-3206, Categories: Evidence, Family Law
J. Russell grants the American Medical Association's motion to dismiss defamation and false light claims made by a former AMA presidential candidate who alleges that the AMA advanced the belief that she was involved in vote trading to win the presidency. The nominee argues that she was set up by a candidate for the vice-speakership position when he recorded a phone call between them, although she contends she said nothing incriminating. Nevertheless, certain officers of the AMA confronted her at an annual meeting and announced that she had compromised the voting process. Because state law gives the AMA qualified privileges to protect the public's interest, and the candidate does not plausibly allege that the AMA acted with malice, her claims fail.
Court: USDC Maryland, Judge: Russell, Filed On: September 11, 2023, Case #: 1:22cv3297, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Elections, Defamation
J. Sulek holds the lower court properly found for a university on employees' claims regarding its mandatory Covid-19 vaccination and masking policies. The claims were mooted when the university ceased enforcement of the policies, especially since the employees sought no damages and instead, only injunctive relief. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sulek, Filed On: September 11, 2023, Case #: 2023-Ohio-3189, Categories: Constitution, Education, Covid-19