129 results for 'filedAt:"2023-11-01"'.
J. Younge grants in part the Philadelphia Police Department’s motion to dismiss a Black, Muslim custodian’s religious and race discrimination employment case, alleging he was kicked out of the closet he used to pray during the day and retaliated against for reporting that some officers had drank beer they’d confiscated from arrestees. The custodian failed to establish a cause for action for racial or religious discrimination.
Court: USDC Eastern District of Pennsylvania, Judge: Younge, Filed On: November 1, 2023, Case #: 2:20cv1751, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Doughty finds that the wife fails to prove that her estranged husband, now deceased, intended his purchase of a Rolls Royce to be a gift or donation to her. The Rolls Royce, purchased for $315,000, largely remained at the husband's house and he insured it in both his name and his wife's name, which suggests he intended to maintain a form of possession over the car. Witnesses also testified that the husband stated he was just letting his wife use the car and it was not hers.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: November 1, 2023, Case #: 5:22cv335, NOS: Other Contract - Contract, Categories: Wills / Probate, Conversion, Contract
J. Baker finds in favor of the insurance company on the flooring company's claim that the insurance company is obligated to provide coverage for damage to a vinyl floor caused by a subcontractor's negligent paint job. The damage occurred as part of the subcontractor's misapplication of the paint, which is not a covered peril under the insurance policy at issue.
Court: USDC Eastern District of Arkansas , Judge: Baker, Filed On: November 1, 2023, Case #: 3:22cv150, NOS: Insurance - Contract, Categories: Insurance, Contract
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J. Thyer finds the trial court properly convicted defendant for four counts of failure to appear on drug possession charges. The county clerk testified without objection that defendant had signed each pretrial release order and failed to provide a valid excuse for his failure to appear. Defendant testified that he failed to appear due to having been robbed, hit over the head and concussed, and also due his attendance of his father’s funeral without knowledge of further court proceedings, being under the impression that a plea deal had been negotiated. The jury did not find the testimony credible or the excuses reasonable. The appeals court will not reweigh evidence or credibility. The sentencing order contains clerical errors which must be corrected. Affirmed. Remanded to correct sentencing order.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: November 1, 2023, Case #: CR-22-707, Categories: Drug Offender, Evidence
J. Klappenbach finds the trial court properly found that the ex-husband must reimburse the ex-wife according to terms of their property-settlement agreement. The wife worked for the civil service and according to the agreement the husband was entitled to half of her retirement. No qualified domestic relations order regarding the award was entered. The husband was awarded half of the retirement existing at the time of the divorce but had been receiving benefits that accrued after the divorce. This amount must be reimbursed. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: November 1, 2023, Case #: CV-22-511, Categories: Debt Collection, Family Law, Property
J. Gruber finds the Worker’s Compensation Commission properly determined that the employee failed to prove that she sustained a compensable injury to her lower back related to a compensable knee injury sustained while pushing a pallet cart loaded with wood. The employee complained of further pain after a knee replacement, which led to extensive treatment by several physicians resulting in the eventual discovery of the back injury. Conflicting medical evidence as to the relatedness of the injuries was properly considered. The commission has the authority to accept or reject medical opinion and to determine the opinions’ medical soundness and probative force. No error is found. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: November 1, 2023, Case #: CV-22-781, Categories: Health Care, Experts, Workers' Compensation
J. Brown finds the trial court properly convicted defendant for battery committed against a 75-year-old man. Evidence of the victim’s previously unknown convictions for robbery, domestic battery, and solicitation of murder, as disclosed during trial by the victim’s testimony, did not constitute a discovery violation. The testimony did not prove that the victim was the aggressor and defendant’s motion for directed verdict was properly denied. No proof was presented for self-defense and the court properly denied defendant’s request for jury instruction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: November 1, 2023, Case #: CR-22-407, Categories: Evidence, Battery, Jury Instructions
J. Murphy finds the trial court properly convicted defendant for two counts of negligent homicide. Evidence including defendant’s toxicology report confirming the existence of meth and THC in his blood, as well as witness testimony captured on officer body cam that defendant swerved into the oncoming traffic lane, toward a truck, without slowing down, all support the convictions. The court’s allowing entry of defendant’s medical records did not violate the confrontation clause and defendant’s motion for directed verdict was properly denied. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy, Filed On: November 1, 2023, Case #: CR-23-162, Categories: Evidence, Negligent Homicide
J. Klappenbach finds the circuit court properly terminated the parents’ rights to their five-year-old child. The department became involved after reports of the child asking neighbors for food. The family’s home was found in disarray, with food, a marijuana pipe and the mother’s insulin needles on the floor. The mother had open sores on her face and legs, and the child was in dirty clothes. Both parents tested positive for THC, amphetamines and meth. The child had previously been in foster care due to domestic violence and alcohol abuse in the home. All evidence supports the best interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: November 1, 2023, Case #: CV-23-173, Categories: Evidence, Family Law, Guardianship
J. Abramson finds the circuit court properly denied the farm owners’ motion for reconsideration of its quieting of title to a disputed property line in favor of the owners of an adjoining property. Because of its unimproved and unenclosed state, the subject property cannot be adversely possessed. The farm owners presented no evidence of communications with previous owners confirming that they recognized a forfeiture of the property. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: November 1, 2023, Case #: CV-22-266, Categories: Evidence, Property
J. Chambers, on remand from the U.S. 4th Circuit Court of Appeals, awards $343,871 in attorney fees and costs to the automotive dealer for the work "necessary to obtain payment of the insurance proceeds" following a settlement reached prior to trial in the dealer's breach of contract claim against its insurance carrier for denying coverage for the fraudulent purchase of a car.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: November 1, 2023, Case #: 3:19cv477, NOS: Insurance - Contract, Categories: Insurance, Attorney Fees, Contract
J. Kirsch allows plaintiff to continue certain pro se claims alleging police officers used excessive force in arresting plaintiff during a wellness check because the complaint merely contends plaintiff's arms had been ripped out of their sockets without detailing the circumstances of the arrest or the role the officers played. However, whether the officers' actions violated a constitutional right remains unclear.
Court: USDC New Jersey, Judge: Kirsch , Filed On: November 1, 2023, Case #: 3:21cv20352, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Clement finds the lower court properly terminated the parental rights of a mother to her two minor children. The children were removed from their mother’s care after she was arrested for intoxication, child abuse and child neglect, and were ultimately placed with a foster family. The mother continued to have issues with drug use and criminal activity, and was incarcerated at the time of the hearing. The lower court properly terminated the mother’s parental rights on grounds of abandonment by failure to provide a suitable home, substantial noncompliance with permanency plans, persistent conditions, failure to manifest an ability and willingness to assume custody, and that it is in the children’s best interests, but improperly terminated on grounds of abandonment by failure to visit and abandonment by failure to support, as evidence was insufficient to support the findings. Affirmed in part.
Court: Tennessee Court of Appeals, Judge: Clement, Filed On: November 1, 2023, Case #: E2023-00326-COA-R3-PT, Categories: Evidence, Family Law
J. Reichek finds that the lower court properly granted the hospital district's plea to the jurisdiction in this personal injury lawsuit arising from an alleged trip and fall incident near an elevator. The pro se appellant failed to file a brief that complies with the procedural rules, and her arguments on appeal are "unclear." Accordingly, she preserved nothing for appellate review. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: November 1, 2023, Case #: 05-22-01287-CV, Categories: Civil Procedure, Negligence
J. Iannacci finds that the lower court improperly dismissed this Freedom of Information Law suit. While much of the information sought can be found on the village's public website, that is insufficient to satisfy a request under the Law for reproduction of such materials. Further, questions of fact remain as to the village's ability to locate and produce the requested records. Reversed.
Court: New York Appellate Divisions, Judge: Iannacci, Filed On: November 1, 2023, Case #: 05500, Categories: Public Record
J. Ellis grants in part a group of employees from the University of Illinois Chicago motion to dismiss defamation and false light claims brought by a law professor alleging retaliation and compelled speech. The professor’s alleged racist statements fail to constitute speech of public concern, so his retaliation claim shall be dismissed. UIC employees therefore have qualified immunity on the compelled speech claims, so they are dismissed in their individual capacities. All other claims are dismissed.
Court: USDC Northern District of Illinois, Judge: Ellis, Filed On: November 1, 2023, Case #: 1:22cv475, NOS: Other Civil Rights - Civil Rights, Categories: Education, Employment, Defamation
J. Rakoff certifies a class of investors who held Class A shares in the defendant corporation who claim they are entitled to a pro rata distribution of a termination fee the company received from another company with which a planned merger failed. The investors had no duty to mitigate their damages because they do not seek any additional damages, only the distribution of a fee paid to the company. The firm Morris Kandinov LLP is appointed as class counsel.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: November 1, 2023, Case #: 1:22cv10986, NOS: Stockholders’ Suits - Contract, Categories: Securities, Class Action
J. Martinez declines to find in favor of either party on the passengers' complaint alleging that Alaska Airlines removed them from their first class seats and subjected them to additional security measures because they are Black Muslims. It is possible that a reasonable juror would find pretext in the passengers' removal based on the testimony of the passengers' witnesses. However, the passengers do not conclusively prove that the pilot was "completely unbelievable" when he said that there were red flags constituting a potential security threat, including the passengers allegedly texting "the word ‘mutasim,’ some Arabic symbols, ‘captain,’ some emojis of middle fingers, and airplanes flying into buildings.”
Court: USDC Western District of Washington, Judge: Martinez, Filed On: November 1, 2023, Case #: 2:22cv1076, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Jury
J. Kennelly grants in part a pharmaceutical company's motion to exclude the testimony of two expert witnesses in a litigation by patients who claim they suffered cardiovascular or blood clot injuries as a result of taking prescription testosterone replacement therapy drugs. The cardiovascular medicine expert is nonqualified for the testimony on marketing techniques and the regulatory expert's testimony properly applied a method to distinguish their condition from others that share similar clinical features. The pharmaceutical company's motion for summary judgment on patients' punitive damages and noneconomic damages is granted. However, the other claims for summary judgment shall be denied and returned to the home districts. This one order applies to several, unconsolidated cases.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: November 1, 2023, Case #: 1:15cv9699, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts, Class Action
J. Xinis grants the school and host parent’s motion to dismiss this negligence and contract dispute brought by the parents of an exchange student, who say the student was sodomized by his host parent. The parents fail to make a plausible liability theory of negligence or state any facts which support the existence of an implied-in-fact contract. The parents’ motion for leave is granted to cure any defects as to the school only in their amended complaint.
Court: USDC Maryland, Judge: Xinis, Filed On: November 1, 2023, Case #: 8:22cv3117, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Contract
J. Richardson finds that a tenant raised sufficient issues of fact that summary judgment in his landlord's favor was error. The trial court must address the tenant's claims that a Covid-19 eviction moratorium applied, that the eviction was in bad faith and whether the landlord was allowed to increase the amount of the security deposit during the tenancy. Reversed.
Court: California Courts Of Appeal, Judge: Richardson, Filed On: November 1, 2023, Case #: BV 033886, Categories: Civil Procedure, Landlord Tenant, Covid-19