154 results for 'filedAt:"2024-02-09"'.
Per curiam, the appellate division finds that the trial court properly convicted defendant of drug possession charges after he was found to have conducted a drug trafficking operation out of a house. Defendant failed to properly preserve some arguments, and testimony by a police detective regarding other individuals implicated in the drug operation was not prejudicial because certain questions and responses were stricken from the record. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 9, 2024, Case #: KA 22-00847, Categories: Drug Offender
J. Parker affirms the circuit court's dismissal of indemnification claims filed by a fired CEO of a coal mining company who argued that the basis for federal bribery charges that he was convicted on, being payments to avoid responsibility for cleanup costs of a polluted area, had received prior approval from the company's public-relations firm's ethics lawyers. The former CEO did not sufficiently plead claims for either common-law or contractual indemnification. Affirmed.
Court: Alabama Supreme Court, Judge: Parker, Filed On: February 9, 2024, Case #: SC-2022-0863, Categories: Corporations, Damages, Contract
J. Kelley grants a state transportation organization's motion to dismiss a civil action brought against it by an employee for allegedly failing to provide him with reasonable accommodations, retaliating against him, discriminating against him based on his national origin and race and intentional infliction of emotional distress. The employee’s claims are time-barred.
Court: USDC Massachusetts, Judge: Kelley, Filed On: February 9, 2024, Case #: 1:23cv10993, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Nelson dismisses claims for bad faith and wrongful discharge in the Northwest regional sales manager's lawsuit alleging that the energy equipment and solutions company fired him without cause after he complained that the company had a geographically inequitable commissions policy. Nothing in the policy contradicts that the manager was an at-will employee, which means that under Oregon law, the company did not need cause to fire him.
Court: USDC Oregon, Judge: Nelson, Filed On: February 9, 2024, Case #: 3:23cv85, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
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J. Houston partly grants the limited partner's motion for partial summary judgment concerning the sale of real estate assets. Although the co-general partner has an unambiguous right under the language of the Limited Partnership Agreement to sell the entirety of the real estate asset or to purchase the limited partnership's interest itself after the limited partner requests a sale, the limited partner still has the right to consent or decline a sale.
Court: USDC Southern District of California, Judge: Houston, Filed On: February 9, 2024, Case #: 3:19cv2075, NOS: Other Contract - Contract, Categories: Real Estate, Partnerships
J. Sabraw dismisses the consumer's class action alleging that the company's Kombucha beverages have misleading labels that give consumers the false impression that the products contain real fruit juice. The front label of the product, which lists the names of fruits, is ambiguous, so the back label must also be considered. Because the back label states "0% JUICE" in a larger size and different colored font above the beverage's nutrition facts, a reasonable consumer would not assume the product contains real fruit juice.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: February 9, 2024, Case #: 3:23cv1091, NOS: Other Contract - Contract, Categories: Consumer Law, False Advertising
[Consolidated.] J. Childs upholds the district court's vacation of the arbitrator's decisions in two ERISA cases concerning the employers' withdrawal penalties. Contrary to the arbitrator's conclusion, an actuary may base their assumption of the penalty on information after the measurement date when they are "'as of'" the measurement date. Affirmed.
Court: DC Circuit, Judge: Childs, Filed On: February 9, 2024, Case #: 22-7157, Categories: Erisa, Pensions
J. Lambert finds the trial court improperly denied the trustee's motion vacate an order dismissing their lawsuit entered after his lawyer missed a case management conference due to a clerical error by the lawyer's assistant. The trial court abused its discretion by dismissing the case in an order without any written findings or explanation due to what amounts to an excusable error by the lawyer, so the dismissal order is reversed and the case is remanded for the trial court to vacate the order. Reversed.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: February 9, 2024, Case #: 23-2441, Categories: Civil Procedure
J. Papik finds the district court properly upheld the department of labor appeal tribunal's overturning of the grant of unemployment benefits. The volunteer social committee worker failed to keep adequate records of expenditures and spent funds for personal purposes. She was properly disqualified from receiving benefits for the week of the discharge and14 weeks thereafter because she was terminated for work-related misconduct. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: February 9, 2024, Case #: S-23-376, Categories: Employment, Insurance
Per curiam, the circuit finds the district court properly dismissed the black IT specialist's retaliation claims. The employee resigned in protest after being passed over for a promotion, which the university accepted, viewing it as an impulsive attempt to negotiate his position. The employee showed no evidence the reason was pretext for discrimination, but only points out inconsistencies in the employment application of the black woman who was hired. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-60246, Categories: Evidence, Employment Discrimination, Employment Retaliation
[Consolidated.] J. St. Eve finds that the lower court properly found for the lead paint manufacturers in a series of toxic tort cases brought by 170 plaintiffs who allege injuries from exposure to white lead carbonate, a paint pigment. After plaintiffs in the first two waves of litigation met with defeat, the court correctly extended those rulings to the remaining plaintiffs on issue preclusion grounds. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: February 9, 2024, Case #: 22-2636, Categories: Environment, Tort, Class Action
J. Docherty denies the meat purchasers' joint motions for substitution of plaintiff in their case against the meat producers alleging a price-fixing scheme. Assigning the purchasers' claims to a company created by the entity financing the purchasers' litigation, apparently in an effort to bypass the purchasers while allowing the financier to pursue their claims as it sees fit, is "different from any other case to which the Court's attention has been directed by the parties," and the doctrine of antitrust standing weighs against the substitution.
Court: USDC Minnesota, Judge: Docherty, Filed On: February 9, 2024, Case #: 0:18cv1776, NOS: Antitrust - Other Suits, Categories: Antitrust, Jurisdiction
J. Sammartino dismisses intentional misrepresentation claims accusing the American Association of Blood Banks, which develops and enforces standards for DNA paternity testing, of permitting "lookalike" tests that allow laboratories to issue false DNA results. The man claims that one such test falsely indicated that he is the father of a third-party's child, but he fails to show a risk of future harm because he has not alleged that he will purchase or might submit to another test stamped by the organization.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: February 9, 2024, Case #: 3:23cv1160, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Unfair Competition, False Advertising
J. Hyman improperly convicted defendant of being an armed habitual criminal based on video surveillance evidence. The scant evidence shown in the videos does not establish probable cause to search defendant's car. This case is remanded to give defendant an opportunity to litigate a motion to suppress. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: February 9, 2024, Case #: 220830, Categories: Evidence, Firearms, Search
[Consolidated.] J. Smith finds a lower court improperly imposed attorney fees against a trustee. An international jet company argued that a jet group was obligated to pay its attorney's fees after breaching a loan agreement for the purchase of an aircraft. However, the trustee sufficiently showed in court that he was not a party to the term loan agreement. Vacated in part.
Court: 8th Circuit, Judge: Smith, Filed On: February 9, 2024, Case #: 21-1795, Categories: Attorney Fees, Contract
J. Mikva finds that the board properly determined the firefighter is not entitled to a non-duty disability pension. The firefighter had less than seven years of creditable service with his last pension fund, so he is not entitled to a non-duty disability pension. Affirmed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: February 9, 2024, Case #: 230565, Categories: Pensions
J. Cadish finds the disciplinary panel properly recommends a 6-month suspension of David L. Mann. Record testimony of his paralegal shows she handled cases without him. Client testimony shows that continuances of hearings due to the attorney's lack of diligence affected her custody and bankruptcy cases. The attorney also testified he could not handle the custody case without his paralegal.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: February 9, 2024, Case #: 86549, Categories: Evidence, Attorney Discipline
J. Smith finds a lower court properly denied qualified immunity to a group of public officials concerning murder charges against a civilian who was later proven innocent. The public officials argued that they did not intentionally include false statements in a affidavit before arresting the civilian. However, the civilian presented sufficient evidence in court that the officials, who may have fabricated evidence, failed to interview a known sex offender who lived in close proximity to where the murder occurred.
Court: 8th Circuit, Judge: Smith, Filed On: February 9, 2024, Case #: 22-2860, Categories: Civil Rights, Evidence, Immunity
J. Jones grants the employer's motion to dismiss with respect to a breach of contract claim in a class action brought by the employee arising from a data breach in which hackers accessed current and former employees' personal information. The employee failed to show that the employer indicated an intention in any document to protect his personal information. However, the motion is denied as to the class's negligence claims. The employee plausibly alleged that the hack and the type of stolen information raise a risk of identity theft and that a substantial and imminent risk of future harm exists.
Court: USDC Northern District of Georgia, Judge: Jones, Filed On: February 9, 2024, Case #: 1:22cv3640, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Class Action, Contract
J. Martinez finds that the trial court should have granted a borrower leave to amend to support her claim that she mistakenly or inadvertently omitted the present lawsuit from a bankruptcy proceeding. And though the borrower failed to properly plead her bad faith foreclosure claim, she is still entitled to leave to amend. Reversed in part.
Court: California Courts Of Appeal, Judge: Martinez, Filed On: February 9, 2024, Case #: B317726, Categories: Bankruptcy, Banking / Lending
Per curiam, the Vermont Supreme Court finds that the trial court properly terminated a father’s parental rights to his child since evidence indicated termination was in the child’s best interests. The child has been with the same foster parent for three years and is striving very well. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-AP-266, Categories: Family Law, Guardianship
J. Suttell finds that the trial court improperly refused to rule on a father’s emergency motion for temporary orders since reasonable accommodations should be made for noncitizen defendants in global custody claims. However, the family court had subject matter jurisdiction over the case, and the father waived the issue of personal jurisdiction by consenting to jurisdiction. Affirmed.
Court: USDC Rhode Island, Judge: Suttell , Filed On: February 9, 2024, Case #: 22-265, NOS: Civil Rights - Habeas Corpus, Categories: Family Law, Jurisdiction