117 results for 'filedAt:"2024-04-09"'.
J. Beckerman grants the estate's motion to compel the Department of Human Services to produce documents in the estate's complaint that DHS placed the child in a home where the foster parent did not properly administer the medication for the child's congenital heart defect and did not take him to a cardiac rehabilitation appointment, resulting in the child's death. DHS is to produce all tort claim notices about alleged abuse, neglect or deaths of foster children in District 1's custody from 2013 to the present, because the existence of persistent violations are relevant to a case involving the death of a foster child as the result of alleged neglect from his foster parent and the agency that placed him with the foster parent.
Court: USDC Oregon, Judge: Beckerman, Filed On: April 9, 2024, Case #: 3:23cv705, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Discovery
J. Murphy finds that the lower court properly denied a petition to quash a subpoena from the IRS against a church for tax records. The church claims that before the IRS issued the subpoena it ignored the requirements for church inquiries and that the IRS official who signed off on it was not an “appropriate high-level Treasury official." The regulations regarding what kind of official signs off on a subpoena do not apply here, and even if they did, there is nothing on the record that shows the IRS ignored the proper procedures. Affirmed.
Court: 10th Circuit, Judge: Murphy, Filed On: April 9, 2024, Case #: 23-3063, Categories: Tax
J. Nugee finds a lower court properly ruled in favor of a sister of a family farming and land partnership's contract claims against her brothers. The brothers argued that she was not entitled to a stake in the farming company following her resignation. However, the sister presented sufficient evidence in court that she is entitled to a stake in family trusts, estates and value of shares based on a family inheritance document forged by her father. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Nugee, Filed On: April 9, 2024, Case #: CA-2023-1997, Categories: Agriculture, Property, Trusts
J. Foster finds a lower court properly dismissed a consumer's negligence and premises liability claims against Circle K. The consumer argued that the convenience store was negligent for placing a case of water near the ice cream section, which she tripped over and fell, suffering elbow, neck, and back injuries. However, Circle K presented sufficient evidence in court that the case of water did not establish a dangerous condition, and that had she looked down, she would have seen the water bottles. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Foster, Filed On: April 9, 2024, Case #: 1 CA-CV 22-425, Categories: Negligence
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Per curiam, the appellate division finds that the lower court properly denied the woman's request to seal her record of child neglect making her unable to obtain a childcare license. The report's allegations were supported by the evidence and related to the woman's childcare employment. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 9, 2024, Case #: 01899, Categories: Administrative Law, Licensing
Per curiam, the appellate division finds that the lower court properly found for the city on a man's false arrest claims. An eyewitness identified the man by his race, sex, clothing and location, given the police probable cause to arrest him. His continued detention was established by the eyewitness's specific identification of the ma from a photograph. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 9, 2024, Case #: 01893, Categories: Civil Rights, Police Misconduct
J. Bumb dismisses claims contending a wealth manager failed to pay a temporary employee for corporate branding and marketing services because the employee failed to demonstrate the wealth manager's Delaware-based activities purposefully targeted New Jersey or that the wealth manager knew the employee resided in that state at the time of his alleged contract.
Court: USDC New Jersey, Judge: Bumb , Filed On: April 9, 2024, Case #: 1:23cv4352, NOS: Other Contract - Contract, Categories: Employment, Jurisdiction, Contract
J. Geraci allows a corrections officer to continue pro se claims contending a union kept deducting dues from his wages after he resigned and failed to honor time-off requests, as well as falsely accused him of various wrongdoing on the job. The officer failed to demonstrate he properly notified the union of his resignation, and the complaint failed to plausibly allege retaliatory actions had been taken against him related to health benefits due to his resignation. However, accusations that he abandoned his post had not bee investigated.
Court: USDC Western District of New York, Judge: Geraci , Filed On: April 9, 2024, Case #: 6:22cv6279, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Trauger grants in part the third-party defendant's dismissal motion in this dispute involving alleged violations of the Fair Housing Act at an apartment complex. The third-party complaint, which was brought by the previous property owner and a developer, alleges that the architect had a duty to design the property in compliance "with all applicable codes, rules, and regulations" and asserts claims for indemnification and breach of contract. The state law claim for equitable indemnification is dismissed, as "it is preempted under the FHA." The equitable contribution claim is not preempted, however, and it survives dismissal.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 9, 2024, Case #: 3:23cv297, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Procedure, Housing, Indemnification
J. Vaughan finds that the lower court properly revoked defendant's pretrial release based on his arrest for disorderly conduct while on release. The record shows that defendant has repeatedly been charged with domestic violence against family members, who are unable to control his mental health or substance abuse issues, and these incidents are escalating in severity making him a danger to others when released. Affirmed.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: April 9, 2024, Case #: 240120, Categories: Bail, Domestic Violence
J. Kennedy finds that the lower court improperly found for the restaurant on a man's negligence claim alleging it failed to provide adequate protective barrier to prevent cars from crashing into the restaurant. The man was injured when another patron drove her car into a parking space and continued through the wall into the restaurant. This kind of vehicle crash was reasonably foreseeable and a jury would not need an expert to explain that providing parking elsewhere besides directly in front of the restaurant would have avoided the accident. Reversed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: April 9, 2024, Case #: 230026, Categories: Vehicle, Negligence, Experts
J. Albrecht finds that the lower court improperly found for the brokerage firm in a dispute over commissions it failed to pay to two real estate brokers. The brokers earned their commission when they procured fully executed contracts, all of which were "during the term" of their employment agreement. Reversed.
Court: Illinois Appellate Court, Judge: Albrecht, Filed On: April 9, 2024, Case #: 220405, Categories: Employment, Contract
J. Crenshaw grants the company defendants' dismissal motion and remands the remaining claims in this employment dispute based on a lack of jurisdiction. The plaintiff, who worked as an account executive under an "at will employment arrangement," failed to file a timely response to the dismissal motion, and the court additionally finds that the claims "fail on the merits."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: April 9, 2024, Case #: 2:24cv8, NOS: Other Labor Litigation - Labor, Categories: Employment, Jurisdiction
J. Zahra finds that the airport zoning board was improperly required to grant variances for the construction of eight wind turbines near the airport because the variances were contrary to the public good by creating a risk for planes. Reversed.
Court: Michigan Supreme Court, Judge: Zahra, Filed On: April 9, 2024, Case #: 164261, Categories: Transportation, Zoning
J. Pillard upholds defendant's conviction for demonstrating in the capitol building and his seven-month sentence. The law's prohibition on demonstrating, parading or picketing in the capitol building is not overbroad or vague, and the trial court did not increase his sentence because he exercised his right to trial. Affirmed.
Court: DC Circuit, Judge: Pillard, Filed On: April 9, 2024, Case #: 23-3069 , Categories: Sentencing
J. Young enters judgment in favor of University of Massachusetts officials against an RA who acted sexually inappropriately towards female college students and then sued the university after it took disciplinary action against him, including requiring him to take a remedial behavior class, forbidding him from contacting the victims and banning him from campus housing. While sharing unpopular opinions is sometimes necessarily permitted in university settings for educational discourse, universities also have a duty to protect their students from the misconduct of other students. The RA also touched at least one female student in a way that was unwanted when he touched her feet without consent.
Court: USDC Massachusetts, Judge: Young, Filed On: April 9, 2024, Case #: 1:23cv12077, NOS: Education - Civil Rights, Categories: Education, Housing, First Amendment
[Consolidated.] J. Edwards grants the National Labor Relations Board's application to enforce its order against a hotel requiring it to rescind the room-cleaning quotas demanded of housekeepers after it replaced half of the building's bathtubs with harder-to-clean, glass-walled showers. The hotel failed to give the housekeepers' union a meaningful chance to bargain before altering the workers' duties.
Court: DC Circuit, Judge: Edwards, Filed On: April 9, 2024, Case #: 23-1029 , Categories: Labor / Unions
[Consolidated.] Per curiam, the circuit shuts down challenges made by 17 states and a group of liquid fuel entities to the Environmental Protection Agency's reinstatement of a waiver of federal preemption for two California rules that limit greenhouse gas emissions and require a certain percentage of new cars made in the state be zero-emissions vehicles. The entities and states lack standing to bring their respective statutory and preemption claims, while the states also fail to show the EPA's decision unconstitutionally infringed on states' sovereign authority.
Court: DC Circuit, Judge: Per curiam, Filed On: April 9, 2024, Case #: 22-1081 , Categories: Constitution, Energy, Environment
J. Murray finds that the lower court improperly entered summary judgment in favor of a doctor in this medical malpractice suit in which a wife alleges her husband was discharged from a hospital without proper warning about the risk of clotting in the future, resulting in his subsequent death from a pulmonary embolism. The deceased patient’s estate presented sufficient evidence to allow a jury to assign liability against the involved physicians. Reversed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: April 9, 2024, Case #: J-A03032-24, Categories: Civil Procedure, Wrongful Death, Medical Malpractice
J. Broderick finds for the equine hospital on breach of contract and fraud claims in a suit over the attempted purchase of a CT scanner for $995,000. While the hospital made down payments on the machine, the defendant manufacturer actually lacked the capacity to make the technology it purported to sell. The manufacturer clearly breached the contract by failing to timely deliver the machine, its only obligation under the agreement, and the hospital incurred damages of $546,000 in down payments it made on a machine that was never delivered.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: April 9, 2024, Case #: 1:18cv6925, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Pulliam mostly grants an insurer’s motion for summary judgment in a dispute with policyholders over payout for roof damage, which the insurer contends was largely uncovered wear-and-tear. While the policyholders have not shown bad faith, and the insurer is therefore entitled to summary judgement on most of their claims, the insurer has conversely presented “no specific argument” for dismissing the remainder of the case, including for alleged violations of the Texas Prompt Payment Act.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: April 9, 2024, Case #: 5:23cv411, NOS: Insurance - Contract, Categories: Insurance, Contract