166 results for 'filedAt:"2023-09-15"'.
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled to dismiss a lawsuit brought against a residential care facility by an individual who was injured while showering unsupervised. The individual, who is non-verbal and has physical disabilities, provided expert reports suggesting that the facility was liable for his injuries because he was left unsupervised and was not taken to the hospital soon enough after the incident. The court of appeals found that the reports were insufficient to establish a standard of care, but the reports are sufficient to provide a fair summary of the standard of care the individual should have received and how the facility was in breach of that standard. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 22-0317, Categories: Health Care, Experts
J. Palk declines the defendant claims administrator's request to strike certain affidavits in this lawsuit brought under the Employee Retirement Income Security Act concerning the denial of benefits under a group health plan. The court notes that it can consider "matters outside the administrative record" under the circumstances. The company's request to file a surreply is granted, as "additional briefing is warranted."
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: September 15, 2023, Case #: 5:20cv1012, NOS: Insurance - Contract, Categories: Civil Procedure, Erisa
J. Talwani finds in favor of the employer in its former employee's lawsuit alleging that it violated the Massachusetts Wage Act and her employment contract through a windfall provision that reduced her earned sales commission. The windfall clause in the former employee's contract was not ambiguous and, in fact, defined a quantifiable way of measuring when a windfall is appropriate.
Court: USDC Massachusetts, Judge: Talwani, Filed On: September 15, 2023, Case #: 1:20cv10241, NOS: Other Labor Litigation - Labor, Categories: Employment, Contract
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J. Brodie denies, in part, the NYC Department of Education's motion for summary judgment on a Black worker's claims for employment-related race discrimination and retaliation. Material disputes remain as to whether the department's arguments for denying him overtime were pretextual, or whether its allegedly retaliatory actions, which included issuing him several write-ups and recommending his termination, were the "but for" cause of its actions.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 15, 2023, Case #: 1:20cv480, NOS: Employment - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Sargus denies the decorative metal products company's motion to dismiss, ruling the contract claim related to the technology company's confidential information is plausible. The nondisclosure agreement between the parties did not allow for public disclosure of the metal stamping technology, such as that included in the metal company's patent application, but allowed only for transfer of such information between the two parties.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: September 15, 2023, Case #: 2:22cv3433, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Patent, Trade Secrets, Contract
J. Traynor grants the Attorney General of North Dakota's motion for summary judgment in a matter in which a disgruntled man, who was frustrated he was not permitted to make every single point he wanted to the Valley City Commission, alleged the City violated his First Amendment rights to speak at City Commission meetings. The undisputed facts show the City and its employees acted "reasonably and gracefully" in the face of the man's repeated rudeness and unjustified requests of the City Commission.
Court: USDC North Dakota , Judge: Traynor, Filed On: September 15, 2023, Case #: 1:20cv231, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, First Amendment
J. Bevan finds that the trial court properly dismissed most of a property owner's claims over a rejected plan to build a gas station. The owner was not required to exhaust his administrative remedies before challenging the rejection in court because of the demonstrated bias against the plan shown by city administrators, so his tort claim for interference with economic expectancy may proceed. Reversed in part.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: September 15, 2023, Case #: 48721, Categories: Zoning, Interference With Contract
Per curiam, the Vermont Supreme Court finds that the lower court properly denied the man's motion to terminate the relief-from-abuse order. The woman was in fear for her life due to being sent threatening messages by the man, who also said he would use a firearm. Although the man is now incarcerated, there are still ways of establishing contact while being incarcerated. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 23-AP-107, Categories: Family Law, Restraining Order
J. Chuang grants an insurance firm a declaratory judgment that it does not have a duty to defend a second insurance firm, a vascular center or a doctor in a lawsuit stemming from a patient's death. Months after the patient died, the doctor and vascular center changed insurance providers, so that firm was not yet covering the parties at the time of the patient's death. Therefore, that firm was not responsible to provide medical records requested by the patient's family's counsel, nor was it obligated to indemnify the vascular center and doctor in the lawsuit.
Court: USDC Maryland, Judge: Chuang, Filed On: September 15, 2023, Case #: 8:22cv791, NOS: Insurance - Contract, Categories: Insurance, Discovery, Medical Malpractice
J. Fleming denies, in part, certain doctors' motion to dismiss, ruling the employee's allegations are sufficient to support her retaliation claim against two doctors who allegedly were aware of her formal complaint and fired her within three months.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 15, 2023, Case #: 1:22cv1588, NOS: Employment - Civil Rights, Categories: Evidence, Employment Retaliation
J. Welbaum finds that while there were some inconsistencies between the identification witness's testimony at trial and what she told police at the scene of the crime, her familiarity with defendant rendered her identification reliable, especially considering she identified his picture without being prompted by police and recognized his voice at the scene of the crime. Meanwhile, the identification evidence, which also included details about defendant's clothing and glasses on the night of the murder, and his decision to barricade himself in his girlfriend's home for over two hours when police arrived to arrest him, was sufficient to convict defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: September 15, 2023, Case #: 2023-Ohio-2376, Categories: Evidence, Murder, Identification
J. Lie holds that the trial court improperly dismissed two murder counts against defendant. The two-dismissal rule does not apply to prohibit prosecution because the first dismissal by the magistrate court was not based on a factual finding. The magistrate court's preliminary hearing probable cause conclusion that defendant lacked the requisite state of mind for murder charges was a legal conclusion, not a factual one, so the state was free to file a second complaint. Reversed.
Court: California Courts Of Appeal, Judge: Lie, Filed On: September 15, 2023, Case #: H050153, Categories: Criminal Procedure, Murder, Dui
J. Kirsch grants a nursing home sanctions in claims seeking a determination of whether the family of a now-deceased resident owes funds for the cost of care and residence. The decedent's son, a licensed attorney, has tried to obfuscate or delay resolution by failing to comply with discovery concerning funds held in the accounts.
Court: USDC New Jersey, Judge: Kirsch , Filed On: September 15, 2023, Case #: 3:18cv16020, NOS: Other Contract - Contract, Categories: Insurance, Sanctions
Per curiam, the Vermont Supreme Court finds that the post-conviction court properly dismissed defendant's previous claims of ineffective assistance on grounds that the deliberate bypass doctrine should apply to opening statements. Defendant simply reframed the issue of ineffective assistance. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 23-AP-102, Categories: Ineffective Assistance, Assault
J. Hernandez dismisses with leave to amend the resident owners' lawsuit alleging that the mortgage solutions company and US Bank misapplied the owners' mortgage payments and initiated on foreclosing their home without investigating the loan mishandling. The owners only assert two instances of the mortgage solutions company allegedly violating the Real Estate Settlement Procedures Act, one of which was just a failure to respond to a letter.
Court: USDC Oregon, Judge: Hernandez, Filed On: September 15, 2023, Case #: 3:22cv1911, NOS: Consumer Credit - Other Suits, Categories: Property, Foreclosure
Per curiam, the Texas Supreme Court finds that the Sixth Court of Appeals improperly ruled against a father’s attempt to move his termination of parental rights appeal from the Twelfth Court of Appeals to the Sixth Court of Appeals and consolidate it with an appeal filed by his children’s mother. The Sixth Court of Appeals held that it lacked the jurisdiction to take up and consolidate an appeal. Acting in accordance with judicial administration rules, the father properly amended his appeal notice and transferred jurisdiction to the proper appellate court. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 22-0864, Categories: Civil Procedure, Family Law
J. Navarro grants the dating website's motion for default judgment on its trademark infringement claims brought against a competing website. Default judgment against the parent company is granted, as well as an injunction preventing it from using the marks, being that actual success on the merits has been shown. The dating website is entitled to a judgment of more than $1.75 million.
Court: USDC Nevada, Judge: Navarro , Filed On: September 15, 2023, Case #: 2:20cv51, NOS: Trademark - Property Rights, Categories: Trademark, Technology, Injunction
J. Sannes denies Amazon's motion to dismiss Rensselaer Polytechnic Institute's patent claims alleging Amazon used RPI's natural language processing technologies for use in its Alexa-enabled voice control devices without a license. RPI retained its right to bring claims for patent infringement under its sublicensing agreements and a sublicensee did not transfer away its rights under the agreement when its parent company restructured its debt.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: September 15, 2023, Case #: 1:18cv549, NOS: Patent - Property Rights, Categories: Patent, Technology
J. Menendez partially grants the university's motion to dismiss the professor's religious-discrimination suit against it stemming from her termination for displaying a painting of the Prophet Muhammad in her art history class. The professor's reprisal, defamation, intentional infliction of emotional distress and retaliation claims are dismissed for failure to state a claim, but her religious-discrimination claim survives. The professor's motion to remand this action to state court is denied.
Court: USDC Minnesota, Judge: Menendez, Filed On: September 15, 2023, Case #: 0:23cv505, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Lazarus finds that the lower court properly dismissed a father's petition to adjudicate his 24-year-old daughter incapacitated and appoint a limited guardian of her person. The father did not institute these proceedings to benefit his daughter. Affirmed.
Court: Pennsylvania Superior Court, Judge: Lazarus, Filed On: September 15, 2023, Case #: J-A18019-23, Categories: Guardianship