114 results for 'filedAt:"2024-01-16"'.
J. Kendall accepts, in this long-running multidistrict communications antitrust case, the court-appointed special master’s report and recommendation regarding pending motions over a collection of telecom companies’ privilege log entries. The suing businesses accuse the telecom companies of conspiring to artificially inflate the price of broadcast television spot advertisements. Against those telecom firms’ objections, the court accepts the special master’s finding that they “failed to meet their burden to tether ... documents to client confidences or responses to requests for legal advice.”
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: January 16, 2024, Case #: 1:18cv6785, NOS: Other Statutory Actions - Other Suits, Categories: Antitrust, Communications, Discovery
J. Robinson rules a former employee may pursue ADA retaliation claims against her former employer. The former employee, who has autism, sufficiently showed in court that a county department on aging may have retaliated against her based on her disability and request for accommodations, which her manager may have ignored.
Court: USDC Kansas, Judge: Robinson, Filed On: January 16, 2024, Case #: 2:23cv2319, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment
J. Peterson finds that the lower court properly denied defendant's motion for pretrial release on charges of threatening a public official. The evidence establishes that defendant was continuously aggressive with officers, repeatedly threatened to kill a female officer, and threatened to bring a pipe bomb to the police station. He was also on probation for aggravated assault of a peace officer at the time. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: January 16, 2024, Case #: 230568, Categories: Bail, Threats
J. Brody grants in part Philadelphia’s motion for summary judgment against a former police captain’s claims that his demotion to lieutenant, following his having brain trauma from falling into a pothole, violated the Americans with Disabilities Act. The employee has failed to state a claim that the city failed to reasonably accommodate his disabilities.
Court: USDC Eastern District of Pennsylvania, Judge: Brody, Filed On: January 16, 2024, Case #: 2:19cv4377, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Labor
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J. Mullen grants an initial review of a former hotel worker’s allegations that a hotel refused to rehire him due to his age and because he had previously complained about being subject to racism. The hotel laid off the worker, a Black man who had filed an EEOC complaint in the past, during the Covid-19 pandemic and then would not rehire him while it rehired younger staff members. The worker’s claims have been found not to be frivolous, so he may proceed.
Court: USDC Western District of North Carolina, Judge: Mullen, Filed On: January 16, 2024, Case #: 3:23cv843, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Samour finds Colorado's rule of criminal procedure delineating when a defendant must disclose discovery evidence related to "the nature of any defense" is not restricted to affirmative defenses and necessarily includes information related to an alternate suspect theory, although a defendant is not required to disclose all evidence of such a theory. Therefore, the trial court's overly broad order in this case for defendant to disclose all material information about an alternate suspect will be rescinded to allow for only the necessary evidence, including the suspect's name and address, if available, to be disclosed at least 35 days prior to trial to allow for the prosecution to conduct its own investigation. Reversed in part.
Court: Colorado Supreme Court, Judge: Samour, Filed On: January 16, 2024, Case #: 2024CO2, Categories: Criminal Procedure, Discovery
J. Vilardo denies a motion in which restaurant company Wahlburgers, which is accused of being handicap-inaccessible, sought to file a corporate disclosure statement under seal. The statement is essential to determine whether the court has judicial power over the case, and the company failed to demonstrate the corporate structure and ownership information would damage the business if made public.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: January 16, 2024, Case #: 1:23cv1299, NOS: Other Fraud - Torts - Personal Property, Categories: Ada / Rehabilitation Act, Privacy, Discovery
J. DeWine finds the appeals court erroneously vacated the ex parte attachment orders against the former Ohio Public Utilities Commission Chairman. The irreparable harm showing by the state used to obtain the orders was not appealable, but could only be reviewed by a full hearing in front of the trial court. Although the chairman could appeal the trial court's denial of his motion to vacate the orders - used to prevent the unlawful transfer of assets before a pending criminal trial - he could not challenge the irreparable harm decision made by the court, which was decided in a full hearing during which the chairman was able to present complete arguments. Reversed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: January 16, 2024, Case #: 2024-Ohio-101, Categories: Civil Procedure, Energy
J. Thomson finds defendant's double jeopardy rights were violated by aggravated battery and armed robbery convictions. The state used evidence of the same force to prove each conviction, which improperly allowed defendant to be punished twice for the same conduct. Although the robbery offense began when defendant pointed a gun at the owner of the restaurant, it was not completed until he stole money from a cash register after he shot the owner - the use of force implicated by the state's battery offense - and the overlapping nature of the offenses alongside the single use of force prevents both convictions. Therefore, the aggravated battery conviction will be vacated since it carries the shorter sentence. Reversed.
Court: New Mexico Supreme Court, Judge: Thomson, Filed On: January 16, 2024, Case #: S-1-SC-39355, Categories: Robbery, Sentencing, Double Jeopardy
J. Poplin grants in part the parties' joint motion to seal confidential information. The parties have mostly supported their request to seal information "relating to third-parties, financial information, or alleged trade secret information." Also, the proposed redactions to the defendant company's memorandum in support of its summary judgment motion will be allowed.
Court: USDC Eastern District of Tennessee , Judge: Poplin, Filed On: January 16, 2024, Case #: 3:19cv508, NOS: Other Contract - Contract, Categories: Civil Procedure, Discovery
J. Wainer Apter finds that the appellate division should have upheld defendant's conviction for making terroristic threats after he told a police officer to "worry about a head shot" and posted to Facebook that he knows "where all you motherfu$kers live" because the statements were understood to constitute threats of violence, and the trial court correctly instructed the jury on the components of charge. Reversed in part.
Court: New Jersey Supreme Court, Judge: Wainer Apter , Filed On: January 16, 2024, Case #: A-20-22, Categories: Jury, Threats, Terrorism
J. Goldberg affirms the criminal conviction of a 41-year-old defendant for indecent solicitation of a child, a fictitious girl named Alice created by police investigating internet crimes against children. Although defendant argues the state failed to present a date of birth for Alice, evidence is clear defendant was planning to meet a 14-year-old child with whom he had communicated regarding sexual penetration. Affirmed.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: January 16, 2024, Case #: 22-296, Categories: Sex Offender, Child Victims
J. Sullivan grants summary judgement in favor of the credit union in this Truth in Lending Act violation lawsuit brought by the sole heir of his cousin’s estate. The heir alleges the credit union violated the Maryland’s Fiduciary Access to Digital Assets Act by blocking him from digitally accessing the decedent’s accounts. He failed to show the evidence that the decedent gave him proper permission to access the accounts and it is undisputed he never requested digital access to the HELOC accounts under the purported TILA violations.
Court: USDC Maryland, Judge: Sullivan, Filed On: January 16, 2024, Case #: 8:22cv2701, NOS: Truth in Lending - Torts - Personal Property, Categories: Discovery, Banking / Lending
J. Lasnik denies the United States' motion to dismiss the grandfather's complaint alleging that a diseased Douglas fir in the Olympic National Park fell onto his vehicle in January 2017, injuring the grandfather, killing his wife and paralyzing one of his grandchildren. The United States argues that the claims are untimely, but the grandfather and his family actively searched for a way to bring the United States into this lawsuit as it submitted two Freedom of Information Act requests to the National Parks Service in March 2017, which potentially entitles them to a tolling of the statute of limitations.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: January 16, 2024, Case #: 2:19cv2070, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Government, Vehicle, Product Liability
J. Baker upholds the trial court expulsion of a partner from a business partnership. The expelled partner's unilateral decisions and incarceration on tax charges, along with a breakdown in trust between partners, made the partnership no longer reasonably practicable. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: January 16, 2024, Case #: DA 23-0247, Categories: Partnerships, Contract
J. Bacon finds the 10th Circuit's previous decisions terminated the jurisdiction shifting component of the New Mexico Tribal Gaming Compact and prevented further actions, including the underlying personal injury claim against a tribal casino at issue here, from being transferred to state court. The court entered a final judgment that triggered the termination clause in the contract and, therefore, the lower court will be instructed to dismiss the case upon remand. Reversed.
Court: New Mexico Supreme Court, Judge: Bacon, Filed On: January 16, 2024, Case #: S-1-SC-39169, Categories: Native Americans, Jurisdiction, Contract
J. Feuer finds that the trial court improperly refused to return a three-year-old child to his mother in Mexico, and its finding that reunification posed a substantial risk of detriment was not supported by the record. The child shall be returned to his mother unless a new review hearing reveals new developments that show the child is at risk from reunification. Vacated in part.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: January 16, 2024, Case #: B331041, Categories: Family Law