310 results for 'filedAt:"2023-09-29"'.
J. Gonzalez enters summary judgment in favor of the town of Oyster Bay on claims that alleged several town officials engaged in a racially discriminatory scheme to prevent two residents from using their property as a two-family home on the basis that the owners are both people of color. Evidence produced during discovery shows the town had enforced its zoning regulations against 27 residential properties within only three-tenths of a mile from the litigants’ own property, some of which were cited for the same violations, undercutting the core of the litigants’ allegations that their actions were racially motivated.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: September 29, 2023, Case #: 2:11cv6084, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Property, Zoning
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J. Seybert adopts a magistrate judge’s report and recommendation and dismisses the two remaining claims in a class action federal securities fraud suit that alleged a health food and personal care product manufacturer concealed from investors that its business was declining due to increased competition in a market that it had previously dominated. The court concurs with the magistrate judge’s ruling that the financial statements, which claimed its high sales volume were attributed to strong consumer demand, are not actionable, and further overrules the investors’ objections that argued the company had sufficient knowledge of their omissions or misstatements for purposes of scienter.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: September 29, 2023, Case #: 2:16cv4581, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Dillon denies the child protective services employee's motion to dismiss a due process claim. A mother entered a medication-assisted treatment program to combat a substance abuse disorder and to prevent the infant from being exposed to harmful substances. The employees forcibly removed the parent's infant from their custody while at the hospital, claiming the couple had lied about drug use and whether they had prior run-ins with CPS. The employees had no evidence of abuse to the child or the mother taking illegal drugs during the pregnancy or post-birth.
Court: USDC Western District of Virginia, Judge: Dillon, Filed On: September 29, 2023, Case #: 7:22cv196, NOS: Other Civil Rights - Civil Rights, Categories: Government, Due Process, Agency
J. Tipton grants a school district's motion to dismiss a former high school student's case, in which he alleges a teacher sexually assaulted him. He fails to show the district had actual notice of the abuse, and the district is immune from his negligence claim.
Court: USDC Southern District of Texas, Judge: Tipton, Filed On: September 29, 2023, Case #: 2:21cv225, NOS: Education - Civil Rights, Categories: Education, Immunity, Negligence
J. Ellison denies, in part, a city and police officer's motions to dismiss two individuals' claims related to the police shooting death of the decedent. They have sufficiently alleged their excessive force and Fourth Amendment claims against the officer, and their use of force and failure to train claims against the city.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: September 29, 2023, Case #: 4:22cv2900, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Lefkow partially grants the U.S. Department of Homeland Security’s motion for summary judgment on a Latino air marshal’s discrimination, retaliation and hostile work environment claims. The former air marshal claims that during a 2018 meeting with other air marshals, a white duty supervisor mocked his accent and called him a “vato,” slang for a Latino gang member. Though the supervisor was compelled to issue a formal apology, the air marshal was later passed over for promotion by another white DHS officer. The court grants the DHS summary judgment on the marshal’s race discrimination and retaliation claims, but allows his hostile work environment claim to proceed.
Court: USDC Northern District of Illinois, Judge: Lefkow, Filed On: September 29, 2023, Case #: 1:21cv405, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation, Police Misconduct
J. Tierney finds for a group on its claim the Federal Election Commission failed to properly investigate its claim the Georgia Republican Party did not disclose its expenditures with a nonprofit that allegedly spent money on the party's election activities. The record indicates the commission could have reasonably determined the nonprofit and the party were coordinating their efforts during the election.
Court: USDC District of Columbia, Judge: Friedrich, Filed On: September 29, 2023, Case #: 1:22cv3067, NOS: Other Statutory Actions - Other Suits, Categories: Elections
J. Friedrich denies, in part, a women-only work-space company's motion for summary judgment on a man's human rights claims, in which he says he was barred from becoming a member due to his sex. There are questions of fact whether the company "acted out of evil motive or actual malice."
Court: USDC District of Columbia, Judge: Friedrich, Filed On: September 29, 2023, Case #: 1:18cv1943, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Damages
J. Schiltz largely grants the employer's motions to dismiss its employees' suits alleging that their terminations for refusal to be vaccinated for Covid-19 were discriminatory. The employees' religious discrimination claims survive, since the employer has not adequately shown that it would have suffered an "undue hardship" by keeping unvaccinated employees on staff and the employees have pleaded a failure to provide reasonable accommodations. One employee has not, however, exhausted her administrative remedies for her disability discrimination claims, and the employees' arguments that a vaccination requirement is an unlawful medical examination under the Americans with Disabilities Act fail. Failure-to-accommodate claims under the ADA survive.
Court: USDC Minnesota, Judge: Schiltz, Filed On: September 29, 2023, Case #: 0:22cv1923, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Boone approves a $252,000 PAGA settlement of a worker’s wage itemization-related claims against Starbucks. The settlement is fair, adequate and reasonable.
Court: USDC Eastern District of California, Judge: Boone, Filed On: September 29, 2023, Case #: 1:21cv746, NOS: Other Labor Litigation - Labor, Categories: Settlements, Class Action, Labor