203 results for 'filedAt:"2024-02-07"'.
J. Messitte denies an employer’s motion to strike and grants its motion to dismiss in this amended complaint for FMLA interference brought by a former employee. The employee says the company declined to let her return to work a month after she suffered multiple injuries; she was fired 10 months later. The complaint fails to show the employer made any misrepresentation about her FMLA rights, however.
Court: USDC Maryland, Judge: Messitte, Filed On: February 7, 2024, Case #: 8:23cv1482, NOS: Family and Medical Leave Act - Labor, Categories: Civil Rights, Employment, Tort
J. Langholz finds that a farmer was bound to pay contract price in a dispute over a manure purchase because the contract stipulated the product price was based on the commercial fertilizer rate of a cooperative to which the farmer belonged. Affirmed.
Court: Iowa Court Of Appeals, Judge: Langholz, Filed On: February 7, 2024, Case #: 23-0677, Categories: Contract
J. Chicchelly finds that defendant was properly convicted of exploitation of a minor. Partially naked photos of the 13-year-old victim were found on defendant's Facebook Messenger account after defendant was seen leaving the victim's home where she was found naked in the basement. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: February 7, 2024, Case #: 22-1804, Categories: Sex Offender, Child Victims
J. Greer finds that defendant was properly convicted of first-degree murder after stabbing her husband's paramour to death. Defendant contends a juror should have been struck for cause prior to trial, but the juror did not exhibit prejudice during selection. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: February 7, 2024, Case #: 21-0934, Categories: Jury, Murder
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J. Russell grants the National Security Agency’s motion for summary judgment following two requests for the disclosure of records under the Freedom of Information Act suit brought by a man seeking intelligence records. The man argues that the agency withheld the records in bad faith. The court sees no bad faith and finds the agency did cooperate by sending him many letters informing him they needed additional information.
Court: USDC Maryland, Judge: Russell, Filed On: February 7, 2024, Case #: 1:21cv2412, NOS: Other Civil Rights - Civil Rights, Categories: Government, Public Record
J. Greer finds that defendant was properly sentenced to incarceration for burglary and other charges based on his guilty plea to breaking into an apartment and assaulting its occupants because defendant had been unsuccessful during probation or parole at least six times for past crimes. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: February 7, 2024, Case #: 23-0551, Categories: Burglary, Sentencing, Assault
J. White finds the lower court erroneously granted the employer's motion for summary judgment on a truck driver's retaliation action. Although the contentious text message exchange that occurred shortly before the truck driver was fired dealt mainly with vacation pay, several messages could be interpreted as the driver's intent to report the employer for its refusal to reimburse him for vehicle repairs, which would qualify as proper notice under the Fair Labor Standards Act and allows his retaliation claims to proceed. Reversed.
Court: 6th Circuit, Judge: White, Filed On: February 7, 2024, Case #: 23-1145, Categories: Employment Retaliation, Labor
J. Russell grants summary judgment in favor of a restaurant group in civil rights dispute brought by a Black mother, her son and her friend. The mother alleges that the three of them went to have dinner at one of the restaurants and they were singled out, because of their race, and asked to change her son’s shorts or leave the restaurant. She observed another child that was of the white race wearing a similar outfit, when she asked why it was OK for that child, she was told they were different outfits. The posted dress code allowed for the white child’s khaki shorts, but not the Black child’s basketball shorts.
Court: USDC Maryland, Judge: Russell, Filed On: February 7, 2024, Case #: 1:20cv2226, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence
J. Eddins finds a lower court improperly dismissed charges defendant who was arrested for firearm possession after brandishing an AR-15 and pistol, and now alleges constitutional violations. There is not state constitutional right to carry a firearm in public; the Hawaii constitution “textually cements the right to bear arms to a well regulated militia,” which does not include defendant who had also not properly applied for a firearm license. “It is a misplaced view to think that today’s public safety laws must look like laws passed long ago.” Vacated.
Court: Hawai'i Supreme Court, Judge: Eddins, Filed On: February 7, 2024, Case #: SCAP-22-561, Categories: Constitution, Firearms
J. Schumacher finds that a wife was properly denied spousal support in a dissolution of marriage since she received $6 million in assets in the divorce and will qualify for social security benefits in a short time. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: February 7, 2024, Case #: 23-0177, Categories: Family Law
J. Newell finds that the court of appeals improperly denied defendant's appeal from his conviction for shooting and killing a man in his home because a statutory harm analysis should have been held since an alternate juror had been allowed in the room during deliberations. Reversed.
Court: Texas Court of Criminal Appeals, Judge: Newell, Filed On: February 7, 2024, Case #: PD-0280-22, Categories: Jury
J. Greer finds that a community college must pay a principal contractor retainage in a payment dispute over a renovation project because the college obtained the necessary bond to cover subcontractor claims and was statutorily required to release the full amount of the bond to the contractor. Reversed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: February 7, 2024, Case #: 22-2098, Categories: Construction, Contract
J. Badding finds that defendant was properly convicted of the attempted murder of his girlfriend because intent to kill was established by the victim's extensive injuries and a text message defendant sent to his brother following the assault. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: February 7, 2024, Case #: 22-0936, Categories: Evidence, Intent, Murder
J. Ahlers finds that the lower court properly held that defendants did not breach fiduciary duties after being appointed power of attorney for their elderly mother. The mother requested they buy a truck to transport her to medical appointments and wanted to pay one of her children since she did not wish to be seen as a "freeloader" after moving in with her. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: February 7, 2024, Case #: 23-0090, Categories: Fiduciary Duty
J. Walker grants in part the motion to dismiss filed by an employer and its membership interest holders — one individual and one company — against a class action brought by a former employee alleging wage violations, fraud and unjust enrichment. Despite her membership interests, the individual membership interest holder is not an employer of the employee and did not have significant control over the employer’s day-to-day operations, whereas the company membership interest holder has more control over the day-to-day operations of the employer.
Court: USDC Maine, Judge: Walker, Filed On: February 7, 2024, Case #: 2:22cv425, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Fraud, Jurisdiction
J. Molberg finds that the lower court properly granted the hospital defendant's plea to the jurisdiction in this lawsuit asserting claims for negligence and civil rights violations. The hospital district claimed it was entitled to sovereign immunity, and there is no evidence showing that it received the required notice of the litigant's claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: February 7, 2024, Case #: 05-22-01180-CV, Categories: Civil Procedure, Health Care, Jurisdiction
J. Egan finds the trial court plainly erred by instructing the jury on the statutory definition of inchoate “attempt” for informing the elements of fleeing or attempting to elude a police office. The law requires that a person “knowingly attempt to escape the notice or perception of a police officer.” Reversed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: February 7, 2024, Case #: A178387, Categories: Jury Instructions
J. Breedlove finds that the lower court improperly awarded damages to the bank in this breach of contract case involving the lease of an aircraft. The evidence is not sufficient to support the award for damages, specifically regarding "diminution in value of the aircraft." The attorney fees must also be reconsidered on remand. Reversed in part.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: February 7, 2024, Case #: 05-22-01057-CV, Categories: Damages, Banking / Lending, Contract