135 results for 'filedAt:"2024-02-16"'.
J. White finds that the Agency for Health Care Administration improperly modified and denied factual findings made by the administrative law judge in a recommended order that found in favor of the agency. The written judgment contains a scrivener's error, however, so the court notes a correction related to fees and fines. Reversed.
Court: Florida Courts Of Appeal, Judge: White, Filed On: February 16, 2024, Case #: 6D23-1494, Categories: Evidence, Government
J. Carroll finds the trial court properly dismissed, for lack of standing, a voter’s complaint contesting the 2022 general election. The voter alleged that casting votes by mail was fraudulent because of “vote harvesting.” The voter failed to plead the allegations to survive the dismissal. Affirmed.
Court: Vermont Supreme Court, Judge: Carroll, Filed On: February 16, 2024, Case #: 23-AP-251, Categories: Elections
J. Smith finds that the trial court properly dismissed claims contending the university fired a tenured professor without following procedures outlined in the faculty handbook because the court was allowed to seek supplemental submissions on the board's decision-making process, and the teacher had the right to contest evidence presented in the case. Affirmed.
Court: New Jersey Appellate Division, Judge: Smith , Filed On: February 16, 2024, Case #: A-0089-22, Categories: Civil Procedure, Employment Discrimination
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J. Huffman finds the lower court properly granted custody of the children to their uncle. Neither parent took responsibility for actions that led to the initial removal of the children, including anger management and drug issues, while they also failed to complete the majority of their case plans, failed numerous drug tests and missed visitations. Affirmed.
Court: Ohio Court Of Appeals, Judge: Huffman, Filed On: February 16, 2024, Case #: 2024-Ohio-601, Categories: Evidence, Family Law
J. Heytens finds the lower court improperly ruled that the Electronic Fund Transfer Act did not protect a prepaid debit card. The self-employed mechanic applied for and received unemployment benefits during the COVID-19 pandemic that the government distributed via prepaid debit cards. After a prolonged period, the mechanic received his card, but the card had a zero balance, and the entire $14,644 had been spent between August and October on transactions he did not recognize. The mechanic sued the bank, asserting its conduct and error-claim procedures violated the federal Electronic Fund Transfer Act and various state law obligations. The Act does protect the account because it is a government benefit account under the controlling regulations. Vacated.
Court: 4th Circuit, Judge: Heytens, Filed On: February 16, 2024, Case #: 22-1954, Categories: Government, Banking / Lending, Covid-19
J. Blacklock finds that the court of appeals improperly ruled against a newspaper publisher in a defamation case brought by a local prosecutor. The prosecutor alleged in his complaint that the newspaper falsely accused him of assisting in the wrongful prosecution of an individual. Both the trial court and court of appeals denied the newspaper’s attempt to have the case dismissed under the Texas Citizens Participation Act. Even if the article is not entirely accurate, the “gist” of it is true and is therefore protected and the case should have been dismissed. Reversed.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: February 16, 2024, Case #: 22-0103, Categories: Anti-slapp, Defamation
J. Pryor finds that the district court properly ruled in favor of the prison officials and correctly found they are entitled to qualified immunity from the inmate's First Amendment action alleging that the officials retaliated against him for reporting that he was sexually assaulted during a pat-down search. Disciplinary proceedings for lying were initiated against the inmate after an investigator determined the inmate's accusation was unfounded. The officials complied with prison regulations and were acting in the scope of their discretionary authority when they disciplined the inmate for breaking a prison rule against lying. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: February 16, 2024, Case #: 22-11738, Categories: Immunity, First Amendment, Prisoners' Rights
J. Smith finds a lower court properly denied a defendant's motion to suppress evidence in court. The defendant, who was charged for being a prohibited person in possession of a firearm, argued that authorities searched his vehicle without probable cause. However, the government sufficiently showed in court that a police officer peered through the window of the defendant's vehicle, which smelled of marijuana, and saw the grip of a firearm protruding from the center console. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: February 16, 2024, Case #: 23-1676, Categories: Evidence, Firearms, Search
[Consolidated.] J. Rao vacates the National Labor Relations Board's conclusion that a medical transport company's refusal to fulfill information requests from its union during the Covid-19 pandemic violated the duty to bargain. The company was not required to fulfill the requests under its collective bargaining agreement with the union. Vacated.
Court: DC Circuit, Judge: Rao, Filed On: February 16, 2024, Case #: 22-1261 , Categories: Covid-19, Contract, Labor / Unions
J. Edwards upholds the district court's dismissal of a medical company's case challenging the Centers for Medicare and Medicaid Services' issuance of two technical letters instructing Medicare contractors to deny reimbursement for claims for products manufactured by the company. The agency has rescinded the letters. Affirmed.
Court: DC Circuit, Judge: Edwards, Filed On: February 16, 2024, Case #: 23-5020 , Categories: Administrative Law, Health Care, Medicare
J. Oberto recommends granting, in part, default judgment to a customer on his Americans with Disabilities Act case against a market. The customer, who is wheel-chair-bound, sufficiently alleged the market's damaged flooring impeded his ability to enter the store and the credit card reader was difficult to reach.
Court: USDC Eastern District of California, Judge: Oberto, Filed On: February 16, 2024, Case #: 1:23cv61 , NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act
J. Lamberth grants $17,000 in attorney fees and costs to a group following its Freedom of Information Act case against the IRS seeking records related to alleged meetings between the agency's commissioner and FTX, "a famously scandal-ridden and now-bankrupt cryptocurrency exchange." The IRS repeatedly refused to process the request and, although it failed to find responsive records, the group is considered the prevailing party following the FOIA litigation.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: February 16, 2024, Case #: 1:23cv340, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Public Record, Tax, Attorney Fees
J. Bolden denies the police chief's motion for summary judgment, ruling that because the female police officer was subject to the same disciplinary standards as several male officers with similar misconduct - off-duty domestic disputes - who were not fired, she has stated a plausible equal protection claim that must be submitted to a jury. However, because the female officer presented no evidence of a town policy that sanctioned such discrimination, all claims against the town must be dismissed.
Court: USDC Connecticut, Judge: Bolden, Filed On: February 16, 2024, Case #: 3:22cv331, NOS: Employment - Civil Rights, Categories: Equal Protection, Employment Discrimination
J. O’Rourke finds that the trial court improperly denied the property developer’s request for a writ of mandate requesting the county board of supervisors’ decision granting the administrative appeals, requiring the preparation of an Environmental Impact Report directing them to affirm the zoning administrator’s guidelines. The trial court found the staff agreed that the project qualified for an exemption under the guidelines, stating it was “inconsistent with the existing record.” This court directs the trial court to grant the petition and issue a peremptory writ of mandate. The county must set aside its decision requiring the preparation of an EIR, and the property developers shall recover its costs for this appeal. Reversed.
Court: California Courts Of Appeal, Judge: O’Rourke, Filed On: February 16, 2024, Case #: D081124, Categories: Environment, Government, Property
J. Flanagan denies an insurance company’s motion to show cause as a part of a dispute over a $1 million water damage claim following Hurricanes Florence and Dorian. The company alleges that claim’s appraisers should be sanctioned for appealing the company’s discovery requests as a violation of the court’s orders. However, the district court has refused to grant the appraisers’ motion for protective order from discovery, so this part of the litigation is dismissed for lack of jurisdiction and stayed until the appeal is resolved.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: February 16, 2024, Case #: 4:22cv42, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction, Discovery
Per curiam, the Supreme Court of Ohio finds the Industrial Commission properly denied the surviving spouse's request for scheduled loss compensation benefits. Although the decedent lost the use of his eyes and ears at the time of his death, there was no evidence to suggest they did not function at the time he sustained his injury. The decedent was unresponsive to visual and auditory stimuli during his brief stay in the hospital, which precluded medical examiners from conducting tests and determining whether there were any injuries to his eyes and ears. Therefore, the surviving spouse could not meet the burden of proof required under Ohio's workers' compensation laws to receive additional benefits. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: February 16, 2024, Case #: 2024-Ohio-552, Categories: Evidence, Workers' Compensation