103 results for 'filedAt:"2023-11-20"'.
J. Pitman finds that Texas education officials violated the Servicemembers Relief Act by not adequately providing accommodations for a military spouse and enjoins officials from enforcing a violating section of the Texas Administrative Code. While Texas officials argued that the spouse’s teaching licenses were inactive because she had not recently “actively used” them, requirements on licensure in the Servicemembers Relief Act should be “liberally construed to protect those who have been obliged to drop their own affairs to take up the burdens of the nation.”
Court: USDC Western District of Texas , Judge: Pitman, Filed On: November 20, 2023, Case #: 1:23cv551, NOS: Other Statutory Actions - Other Suits, Categories: Education, Government, Licensing
J.Wicks denies a cleaning company’s motion for a protective order against a cleaner’s counsel seeking to restrict communications with potential members of a class action over unpaid wages, finding the employer fails to argue that a single voicemail left by the counsel for one of the employer’s current employees requesting confidential information was misleading, improper or required judicial intervention.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: November 20, 2023, Case #: 2:23cv4257, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. McHaney finds that the lower court improperly granted the defendant's petition alleging that service of process using "drop service" in a real estate dispute was insufficient. This type of personal service can be acceptable in situations where the party to be served is unwilling to accept the paperwork. Vacated.
Court: Illinois Appellate Court, Judge: McHaney, Filed On: November 20, 2023, Case #: 220731, Categories: Civil Procedure, Real Estate
J. Rice finds in favor of UPS against the package delivery driver's complaint that the company did not accommodate need for light work after he suffered a workplace injury and removed him from temporary alternative work after he filed an underlying class action employment lawsuit. The driver does not offer any information beyond speculation that UPS or its decision maker knew about the lawsuit before they took him off temporary alternative work, so the driver does not show that UPS and its managers made adverse employment decisions against him.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: November 20, 2023, Case #: 2:21cv162, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination
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J. Marbley grants, in part, the union's motion for default judgment, ruling the member's failure to respond to any allegations of delinquent contributions entitles the union to an amount of damages that will be determined by an audit, as well as more than $3,000 in attorney fees.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: November 20, 2023, Case #: 2:22cv2799, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Attorney Fees, Labor / Unions
J. Egan finds that the appellate division properly held that a local law shifting responsibility for investigating and disciplining police misconduct to a citizens' group ran afoul of state mandates on collective bargaining because the police union did not endorse the shift, and the change did not represent pre-existing law or charter provisions that had been excluded from the state mandate. Affirmed.
Court: New York Court Of Appeals, Judge: Egan, Filed On: November 20, 2023, Case #: 81, Categories: Municipal Law, Labor / Unions
J. Garcia finds that the appellate division improperly held that defendant's right to confront witnesses had not been violated in his robbery trial because the record does not indicate that the expert personally prepared or observed preparation of a DNA sample discovered on a cellphone left at the crime scene. Reversed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: November 20, 2023, Case #: 75, Categories: Confrontation, Dna, Robbery
J. May finds a lower court ruled correctly in convicting defendant of meth possession and resisting law enforcement and revoking his probation as a result of these new convictions. There was adequate evidence for both convictions, including because defendant “sprinted away” from an encounter with authorities, and revoking defendant’s probation was reasonable given his “failures to lead a law-abiding life.” Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: November 20, 2023, Case #: 22A-CR-3060, Categories: Drug Offender, Evidence, Probation
J. Ryu dismisses all civil rights claims against Alameda from the owner of a private marina that says the city passed a series of unlawful ordinances related to its business, namely in the form of rent and eviction limitations on houseboats due to Covid-19. The city's move to put limitations on evictions stemming from the pandemic was, as several other courts have found for different cities and states, based on the needs of the community and not an infringement on the marina owner's landlord rights. The owner's claim that the ordinances "economically hobbled" it is unsupported and unconvincing.
Court: USDC Northern District of California, Judge: Ryu, Filed On: November 20, 2023, Case #: 4:22cv6509, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Landlord Tenant, Covid-19
J. Feldman finds that the lower court properly calculated defendant's offender score for his assault convictions, but improperly imposed a series of collection fees against him. Defendant's offender score was not improperly calculated. However, defendant is correct, and the state concedes, that an amendment to the relevant law removes the DNA collection fee requirement from his sentence. Affirmed and remanded.
Court: Washington Court Of Appeals, Judge: Feldman, Filed On: November 20, 2023, Case #: 84716-3-I, Categories: Sentencing, Assault