174 results for 'filedAt:"2024-03-21"'.
J. Wood finds that the immigration board properly denied the Honduran immigrants' application for asylum on the basis that they had been persecuted by extortionists in Honduras. The board found no evidence that the extortionists targeted the immigrant because she is a female business owner, and determined that she could avoid future harm by relocating within Honduras. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: March 21, 2024, Case #: 22-3035, Categories: Immigration
J. Miskel finds that the lower court properly granted the bank's summary judgment motions in this suit asserting breach of guaranty claims. The appellant failed to preserve his argument regarding the bank's claims against him, and the lower court did not err in granting judgment for the bank on his counterclaims. Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: March 21, 2024, Case #: 05-22-00160-CV, Categories: Banking / Lending, Contract
J. Deahl upholds the lower court's dismissal of a the district's rental-related discrimination action against a landlord after the district voluntarily moved to dismiss when it discovered the landlord's posting of "no vouchers" within his listing was not discriminatory, as the rental was not voucher-eligible. The landlord fails to show the district acted in bad faith when it sued him. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: March 21, 2024, Case #: 22-CV-0316 , Categories: Civil Rights, Landlord Tenant
J. Silva finds that the lower court properly denied the appellant funeral home's motion to compel arbitration of the family members' negligence claims stemming from the appellant's handling of the decedent's remains. The funeral home contends that the decedent's sister signed a funeral services agreement that contained a valid arbitration clause and also argues that the appellees "were bound by this agreement" under the doctrine of direct-benefits estoppel. However, the court concludes that the claims at issue are "outside the scope of the agreement." Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: March 21, 2024, Case #: 13-23-00297-CV, Categories: Arbitration, Negligence, Contract
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J. Bell affirms the lower court’s decision that a machinery producer has plausible evidence that a powder coat and finishing company committed fraud, among other things, when it created two similar companies and fraudulently transferred the producer’s money between them.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 21, 2024, Case #: 5:23cv59, NOS: Other Contract - Contract, Categories: Fraud, Fiduciary Duty, Contract
J. Estudillo dismisses a complaint alleging that the biotech company laid off the employee, who was 63 years old at the time, after he suffered a workplace injury and returned from leave with light duty restrictions. The employee does not present any facts showing a causal link between his Washington Department of Labor and Industries workers' compensation claim and his termination, nor does he present enough facts showing that the biotech company wanted to fire him because of his age.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 21, 2024, Case #: 3:23cv5863, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Young denies the tenant's motion to dismiss the breach of contract claims. The tenant, leasing a warehouse, hired a company to repave the floor. The pavement company cut corners and produced a floor full of cracks. The contract claims can proceed because the landlords showed that any alterations to the property required preapproval.
Court: USDC Eastern District of Virginia, Judge: Young, Filed On: March 21, 2024, Case #: 3:23cv479, NOS: Other Contract - Contract, Categories: Construction, Landlord Tenant, Contract
J. Cadish finds the district court, in its divorce decree, improperly determined the husband's law firm, established prior to the marriage, was entirely community property. Uncontested evidence shows the firm was a continuation of the original separate property law practice and the presumption of community property does not apply. The court's refusal to award alimony, though, is based on the erroneous community property determination. Reversed in part.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: March 21, 2024, Case #: 84998, Categories: Family Law, Property, Contract
J. Schiltz partially grants the employer and its benefits committees' motion to dismiss the employees' putative class action alleging mismanagement of a 401(k) plan. A claim for breach of the duty of prudence with respect to managed-account-service fees and a derivative claim for breach of the duty to monitor are dismissed, since the employees have not made sufficient allegations about the plans they seek to compare the employer's plan to. The motion to dismiss is otherwise denied, since the employees have adequately pleaded that the employer and its committees breached the duty of prudence by incurring excessive recordkeeping and administrative fees.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 21, 2024, Case #: 0:23cv26, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty
J. Cadish finds the county court improperly excluded evidence in its determination of the value of land taken for a power line easement. The court improperly excluded the owner and its expert's opinion of value and evidence of what the Nevada Department of Transportation paid to the previous landowner for a similar taking from the same parcel. The opinions were not solely based on evidence the court deemed inadmissible but also on market values and general knowledge of commercial real estate and multifamily-home land values in Las Vegas. Reversed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: March 21, 2024, Case #: 84692, Categories: Evidence, Property
J. Jordan finds that the lower court properly convicted three sisters on charges arising from shooting the father of one of the sisters’ daughters, in a case arising from a custody dispute Evidence is sufficient to support the convictions. Affirmed.
Court: 11th Circuit, Judge: Jordan, Filed On: March 21, 2024, Case #: 22-11159, Categories: Domestic Violence
J. Graham finds the circuit court improperly denied the water distribution business' motion for judgment on the pleadings in the bottle water supplier's lawsuit alleging false representations and warranties about assets the supplier purchased from the business, including delivery trucks that were not road-worthy, non-functioning water coolers and a candy business that was no longer operational. The parties' asset purchase agreement has a survival clause with a one-year statute of limitations that blocks the supplier's breach of contract and breach of warranty claims, and the supplier's tortious misrepresentation claims are barred by Wisconsin's economic loss doctrine. The case is remanded for the circuit court to dismiss the supplier's complaint. Reversed.
Court: Wisconsin Court of Appeals, Judge: Graham, Filed On: March 21, 2024, Case #: 2023AP000778, Categories: Warranty, Contract
J. Taylor finds the circuit court properly denied the doctor's motions to dismiss and for summary judgment in the patient's lawsuit alleging the doctor failed to inform the patient about her recommendation to the patient's surgeon that the patient's ovaries be removed during surgery to remove part of her colon as treatment for endometriosis. The doctor's argument that she had no duty to inform the patient regarding the removal of her ovaries because she was not the surgeon who actually removed them is not enough to overcome the patient's sufficiently pleaded duty-to-inform claim, and the doctor has not made a facial case for summary judgment in terms of whether her negligence was a cause of the patient's injuries. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Taylor, Filed On: March 21, 2024, Case #: 2023AP000255, Categories: Negligence, Medical Malpractice
J. Shin vacates the dismissal of a conservator’s petition to probate the decedent’s will, which the conservator but not the decedent signed, based on a misunderstanding of relevant statutes. While the conservator made an error, it would not be consistent with the purpose of relevant statutes to allow this error, made in good faith, to override the decedent’s intent — which is still reflected in the will despite its lack of the decedent’s signature. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Shin, Filed On: March 21, 2024, Case #: 22-P-210, Categories: Wills / Probate, Guardianship
J. Hall partially overrules the county's objection to the magistrate judge's order and finds that the amended civil rights complaint brought by Ahmaud Arbery's mother is the operative pleading in the case except for a deliberate indifference claim, which is struck. The majority of the mother's amendments serve to bolster her already existing claims and are based on facts which were not available to her when she initiated the action. However, the mother improperly delayed in bringing her deliberate indifference claim against the police officer since his name was mentioned in at least one news article and she should have known she had a potential claim against him. The police chief's renewed motion to dismiss is granted.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: March 21, 2024, Case #: 2:21cv20, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Robie finds that the trial court properly denied a funeral home's petition to exclude money paid for funeral merchandise from a statutory requirement to hold that money in trust. The exception does not apply because the funeral home did not deliver the merchandise. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: March 21, 2024, Case #: C098037, Categories: Contract
J. Bevan, in answer to a question certified from the U.S. District Court, holds that wage discrimination claims under the Human Rights Act begin to accrue when an employer makes a pay-setting decision and informs the employee. Wage discrimination claims under the Equal Pay Act begin to accrue when the employee receives each discriminatory paycheck.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: March 21, 2024, Case #: 50703, Categories: Employment
J. Gibbons finds a federal court in Ohio properly dismissed a former OG/GYN student’s lawsuit against the Wright State University medical school, which dismissed her from the program — resulting in her firing from a hospital residency — after her “unprofessional behavior” resulted in “a long series of complaints.” Neither her contract nor her due process rights were violated when she was dismissed. Affirmed.
Court: 6th Circuit, Judge: Gibbons, Filed On: March 21, 2024, Case #: 23-3475, Categories: Education, Health Care
J. Somers upholds the bankruptcy court's refusal to allow a bank to extend a deadline to file a witness and exhibit list to support its claim a debt was non-dischargeable. The bank's previous attorney, believing the parties would settle, failed to meet the deadline to file for the list, and the neglect was not excusable. Affirmed.
Court: 10th Circuit, Judge: Somers, Filed On: March 21, 2024, Case #: WO-23-017, Categories: Bankruptcy, Civil Procedure
J. Aarons finds that an appeal should be dismissed as brought from the decision awarding workers' compensation to a caseworker who slipped and fell while leaving a home visit because the employer no longer was aggrieved when a dispute over deposing the worker's medical provider was resolved internally by the workers' compensation board.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: March 21, 2024, Case #: 535782, Categories: Workers' Compensation
J. Mackey finds that the workers' compensation board properly held that a construction employee suffered an accidental, work-related injury when he fell into a hole at a job site because the employee's accident report and his treating chiropractor supported the claim despite conflicting testimony. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: March 21, 2024, Case #: CV-22-2146, Categories: Workers' Compensation
J. Aarons finds that the workers' compensation board properly held that a police officer had removed himself from the labor market in claims contending he sustained injury in a trip-and-fall accident in his capacity as union representative. The officer alleged the injuries led to his involuntary retirement months later, but he had been on light duty for similar neck and back injuries twice before, primarily doing union work. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: March 21, 2024, Case #: CV-23-0503, Categories: Workers' Compensation
J. Pritzker finds that civil service employees who work as vocational instructors at state prisons were properly held ineligible for benefits on grounds that they were not totally unemployed. The instructors, who followed a September-June academic year, previously worked optional summer employment before the Covid-19 pandemic, but the fact that classes were not held in the summer of 2020 did not render them eligible for regular or pandemic unemployment benefits because they remained full-time, salaried workers. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: March 21, 2024, Case #: CV-22-2054, Categories: Employment, Covid-19
J. Reynolds Fitzgerald finds that a civil service employee who worked as a vocational instructor at a state prison was properly held ineligible for benefits on grounds that he was not totally unemployed. The instructor, who followed a September-June academic year, previously worked optional summer employment before the Covid-19 pandemic, but the fact that classes were not held in the summer of 2020 did not render him eligible for regular or pandemic unemployment benefits since he continued full-time, salaried employment. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: March 21, 2024, Case #: CV-23-0541, Categories: Employment, Covid-19
J. Drell grants summary judgment to a Texas-based corrugated packaging company, dismissing breach of contract claims by a transportation service in Mississippi. The proposed written contract for warehousing services and its terms are unenforceable, and the corrugated packaging company in Texas did not promise the Mississippi company a three-year term for warehousing services.
Court: USDC Western District of Louisiana , Judge: Drell, Filed On: March 21, 2024, Case #: 1:20cv445, NOS: Other Contract - Contract, Categories: Evidence, Business Practices, Contract
J. Orme finds that an administrative court's order demoting an employee in rank and reducing his pay was arbitrary and capricious. The sanction for violating a county policy against employees supervising their relatives was not proportional since he was following orders by superiors who knew the policy and knew the assignments would result in his working with his wife. The sanction was also inconsistent since two comparable employees had also violated the policy but faced no discipline. Reversed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: March 21, 2024, Case #: 20220449-CA, Categories: Employment