161 results for 'filedAt:"2024-03-19"'.
J. Ramirez finds the district court properly granted the employer's motion for summary judgment on worker's employment discrimination action. After having been absent from work for 18 months on a 12-month leave under the Family and Medical Leave Act, the employee continued spending unapproved time off work to care for her ailing father, and an investigation revealed she had been paid for 99 hours for time she did not work. Furthermore, after she was required to use personal sick days for time missed due to Covid-19, she threatened to infect her co-workers. Affirmed.
Court: 5th Circuit, Judge: Ramirez , Filed On: March 19, 2024, Case #: 23-40404, Categories: Employment, Due Process, Covid-19
J. Gilman finds the lower court erroneously ordered an evidentiary hearing regarding the prisoner's exhaustion of administrative remedies. The exhaustion question was intertwined with the First Amendment claims that are the substance of his complaint against the prison supervisor. The supervisor allegedly repeatedly tore up grievances based on his sexual harassment of the inmate and, therefore, prevented the inmate from pursuing administrative remedies. Reversed.
Court: 6th Circuit, Judge: Gilman, Filed On: March 19, 2024, Case #: 22-1298, Categories: Civil Procedure, First Amendment, Prisoners' Rights
J. Silva grants AutoZone's motion for summary judgment. After the sales associate filed a complaint against a manager for sexual harassment, the ensuing investigation led to the termination of the manager. The sales associate was invited to return to work, but did not, and his employment was then terminated. Though the associate seeks damages against AutoZone, the facts do not support his hostile work environment claim since the manager was fired.
Court: USDC Nevada, Judge: Silva , Filed On: March 19, 2024, Case #: 2:22cv316, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Retaliation
J. Douglas finds that the lower court properly approved the report of a referee for the distribution of an estate. The appellant challenges "several aspects" of the report and contends that the lower court erred by not holding a hearing on his amended objection. Contrary to his arguments, however, the lower court properly applied the correct probate code to the estate, and it had already held a hearing on a "virtually identical objection." Affirmed.
Court: Maine Supreme Court, Judge: Douglas, Filed On: March 19, 2024, Case #: 2024ME20, Categories: Property, Wills / Probate
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J. Miskel finds that the lower court improperly denied the appellant's petition "to remove his firearms disability and restore his right to purchase and possess firearms" after he was committed to a mental health facility 30 years ago for approximately one week. The lower court abused its discretion in denying his petition, since the appellant sufficiently "established every element required" under the Texas Mental Health Code. Reversed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: March 19, 2024, Case #: 05-22-00878-CV, Categories: Health Care, Firearms
J. Burns finds that the lower court properly entered final judgment for the banking entities in this lawsuit stemming from the denial of a loan application. The applicant asserted claims for breach of fiduciary duty, fraud and promissory estoppel after its application was denied. Summary judgment was appropriate, however, since it "failed to raise a genuine issue of material fact as to each of the challenged elements." Affirmed.
Court: Texas Courts of Appeals, Judge: Burns, Filed On: March 19, 2024, Case #: 05-22-00635-CV, Categories: Fiduciary Duty, Banking / Lending
J. Hicks denies, in part, summary judgment to BellSouth on certain trespass claims by a homeowner related to the telecommunications company’s acknowledgement its underground innerduct for protecting fiber optic cable encroaches on her property. The determination of damages based on physical property damage, inconvenience and mental suffering, as well as mitigation of damages, are better suited to trial.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: March 19, 2024, Case #: 5:23cv153, NOS: Other Statutory Actions - Other Suits, Categories: Communications, Evidence, Property
J. Guidry finds for a downtown New Orleans taxing district, dismissing its white former security guard’s Title VII complaint concerning his black supervisor’s alleged continual breakroom tirades against racist white people, the K.K.K., Donald Trump and "'racist white police officers that shoot [b]lack people because they hate them’.” Even assuming the supervisor’s remarks can constitute race-based harassment, the conduct the ex-officer alleges pales in comparison to the kind of verbal harassment circuit courts have held support a Title VII hostile workplace claim.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: March 19, 2024, Case #: 2:21cv1323, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination, Police Misconduct
J. Starr refuses to dismiss a pilot’s claims Ameriflight’s training program, in which it requires pilots to reimburse it up to $30,000 for training if the pilot resigns or is fired for cause within a certain timeframe, is an illegal kickback and an unenforceable penalty. She has sufficiently alleged her claims for illegal kickbacks, unpaid wages, unlawful contract in restraint of trade and for a declaration the training repayment is an unenforceable penalty.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: March 19, 2024, Case #: 3:23cv1757, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Contract, Labor
Per curiam, the Georgia Supreme Court grants attorney Joel David Myers's application for certification of fitness to practice law and orders that he may be readmitted as an attorney licensed to practice law. The attorney was previously disbarred for violations of the Georgia Rules of Professional Conduct. The attorney was suffering from undiagnosed severe depression, has taken responsibility for his actions and has demonstrated rehabilitation.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: March 19, 2024, Case #: S24Z0598, Categories: Judiciary, Attorney Discipline
J. Stading finds that the trial court ruled improperly in favor of the county in this complaint brought against it alleging misuse of funds generated from tourism in the Outer Banks. There is sufficient evidence the board of commissioners used the monies for purposes other than those outlined in the governing amendment. Reversed in part.
Court: North Carolina Court of Appeals, Judge: Stading, Filed On: March 19, 2024, Case #: COA22-699, Categories: Government, Municipal Law
J. Flood finds that the trial court ruled properly in this challenge of a contract bid award to provide the state with electronic platform tracking liens and titles. The bidding company, eDealer Services, properly pleaded that the committee improperly applied the methodology used to determine "best value" when considering the bids. The trial court also had the authority to order the contract to be awarded to eDealer Services instead of remanding for further findings. Affirmed.
Court: North Carolina Court of Appeals, Judge: Flood, Filed On: March 19, 2024, Case #: COA23-680, Categories: Government, Contract
J. Collins finds that the district court properly denied defendant's habeas corpus petition challenging his state court convictions for attempted murder, battery and burglary arising from his stabbing attack on multiple employees at the Clark County Social Services office in Henderson, Nevada. Defendant contended that his trial counsel was ineffective in failing to pursue a defense of voluntary intoxication with respect to the charges that required the state to prove specific intent. Defendant did not present sufficient evidence for the ineffective assistance claims. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: March 19, 2024, Case #: 21-15806, Categories: Habeas, Ineffective Assistance, Murder
J. Wilkinson finds the lower court properly granted summary judgment to the county on all claims and dismissed the case. The police officer contends that the county transferred him to an inferior posting in retaliation for his filing a complaint alleging discrimination in departmental promotion practices. The office, tasked with training recruits at the academy, accused his employer of skipping over him for promotions for less qualified women. The chief had more than enough reason to transfer the officer, though, after a series of concerning events, including an accidental firearm discharge, allegations that a range instructor used a racial slur against black police officers, and a widespread failure to follow departmental policies, were reported from the academy. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: March 19, 2024, Case #: 22-1287, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Thrash denies the buyer's and magazine's motions to dismiss the supplier's false advertisement counterclaims and grants the supplier's motion for judgment on the pleadings in a breach of contract action brought by the buyer. The action arose after the supplier stopped fulfilling purchase orders when the buyer allegedly published a defamatory ad about the products in the magazine. The buyer's allegations do not support the existence of a requirements contract obligating it to buy goods exclusively from the supplier.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: March 19, 2024, Case #: 1:23cv4349, NOS: Other Contract - Contract, Categories: Contract
J. Sotomayor finds that the court of appeal improperly dismissed this immigration dispute. The court erred in its determination it did not have jurisdiction to review a hardship decision by an immigration judge. Reversed in part.
Court: US Supreme Court, Judge: Sotomayor , Filed On: March 19, 2024, Case #: 22-666, Categories: Immigration, Jurisdiction
J. Zilly denies the debt collector's motion to dismiss the Washington Consumer Protection Act and Washington Collection Agency Act claims in the lease holder's complaint alleging that the debt collector and its employee tried to report a $33,500 debt that the lease holder did not owe for allegedly breaking an apartment lease. The Washington Supreme Court held that a CPA can proceed with an out-of-state plaintiff like the leaseholder if the defendant engaged "in unfair or deceptive acts that directly or indirectly affect the people of Washington," which applies in this case because the debt collector does business in Washington and affects people in Washington.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: March 19, 2024, Case #: 2:22cv1791, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Rice denies the IT company's motion to compel arbitration in the job trainee's complaint that the IT company fired her for unapproved absences while she took maternity leave. Although the job trainee signed the arbitration agreement on her first day of work, she lacked a meaningful choice because none of the information that the IT company gave her contained information about arbitration, and it subjected her to time pressure to sign the documents on the first day.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: March 19, 2024, Case #: 2:24cv17, NOS: Employment - Civil Rights, Categories: Arbitration, Civil Rights, Employment
J. Veljacic finds that the lower court improperly convicted defendant of violating a court order regarding domestic violence. During the trial, the state did not properly represent the knowledge requirement to the jury needed to convict for that violation, unfairly lifting the burden of proof from the state. A new trial is needed as a result. Reversed.
Court: Washington Court Of Appeals, Judge: Veljacic, Filed On: March 19, 2024, Case #: 57354-7-II, Categories: Domestic Violence
J. Parker finds that the district court improperly found for a police officer on excessive force claims in a fatal shooting. On initial appeal, the verdict for the officer was vacated with remand instructions to hold a new trial; instead, a motion for summary judgment on qualified immunity was entertained and granted. Because the instructions were ignored, and questions of fact still remained, remand for a new trial is again warranted. Vacated in part.
Court: 2nd Circuit, Judge: Parker, Filed On: March 19, 2024, Case #: 22-969-cv, Categories: Civil Procedure, Immunity, Civil Rights