106 results for 'judge:"Clark"'.
J. Clark grants conditional certification to a class of employees who claim the company deducted 30 minutes of pay each shift for a meal break regardless of whether or not they took a meal break. Declarations from seven different employees describes identical treatment in terms of how the company managed their required breaks, including allegations that supervisors discouraged employees from filing no-meal break reports.
Court: USDC Eastern District of Missouri, Judge: Clark, Filed On: June 29, 2023, Case #: 4:22cv569, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action
J. Clark finds that the lower court properly dismissed a request seeking blanket paid leave for union members who become affected when New York orders mandatory or precautionary quarantine or isolation, as occurred with Covid-19. As set by recent precedent, such paid leave requires inquiry into individual members' particular circumstances in seeking time off. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: June 22, 2023, Case #: 535261, Categories: Covid-19, Labor / Unions
J. Clark finds that the lower court properly denied a lender's request to renew a residential foreclosure action. The lender failed to revoke mortgage acceleration in a prior foreclosure attempt, and thus its subsequent action was dismissed as time-barred. Meanwhile, the motion to renew was not timely filed after changes had been made to the relevant law. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: June 15, 2023, Case #: 535168, Categories: Civil Procedure, Foreclosure
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J. Clark finds that the lower court improperly granted plaintiff's request to enforce a settlement agreement with her late father's wife over his retirement accounts. While the parties had exchanged preliminary views on a purported settlement, no "meeting of the minds" occurred on enforceable terms and an agreement had not been put on record in open court. Reversed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: June 15, 2023, Case #: 535122, Categories: Settlements, Wills / Probate, Contract
J. Clark finds the lower court erroneously denied the Department of Children and Families' motion to dismiss discrimination claims filed by the Muslim father. The department was entitled to immunity based on the fact it only became involved in the case after the father filed an emergency custody motion against the mother of his children. The father made no allegations the department initiated litigation because of his religion and the department did not initiate removal proceedings on its own; therefore, it was protected by the litigation privilege. Reversed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: June 15, 2023, Case #: AC45265, Categories: Family Law, Immunity, Jurisdiction
J. Clark finds that plaintiff's driver's license and commercial driving privileges were properly revoked when he refused a blood alcohol test after being arrested for driving while intoxicated because the arresting state trooper clearly warned plaintiff that failing to submit to the test would lead to revocation. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: June 8, 2023, Case #: 535029, Categories: Evidence, Dui
J. Clark finds that the workers' compensation board properly denied a housekeeper benefits on grounds that she did not suffer an occupational disease because she failed to present competent medical evidence linking a back condition that required surgery to "distinctive features" of her employment. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: June 8, 2023, Case #: 535214, Categories: Workers' Compensation
J. Clark finds the lower court properly granted the father's motion for temporary custody of the couple's child because an affidavit from the guardian ad litem about the mother's excessive intoxication in front of the child was sufficient to prove the mother was an immediate danger to the children's mental and physical well-being. However, the court improperly delegated its judicial authority to the father when it allowed him and the child's therapist to modify the mother's visitation depending on her future behavior; therefore, the case will be remanded to allow the court to properly allocate visitation rights. Affirmed in part.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: June 2, 2023, Case #: AC45186, Categories: Evidence, Family Law, Judiciary
J. Clark finds that an iron worker who aggravated a prior work-related neck injury was properly granted workers' compensation benefits because testimony from medical experts supported the conclusion that a slip-and-fall incident exacerbated the previous injury. Meanwhile, the carrier's request to reopen or rehear the matter was properly denied for lack of new evidence. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: June 1, 2023, Case #: 534595, Categories: Workers' Compensation
J. Clark finds that the workers' compensation board properly denied a court reporter benefits years after she fell from a chair, which knocked around hardware implanted during lumbar-fusion surgery necessitated by a non-work injury, because the court reporter voluntarily withdrew from the labor market for a cause other than her disability. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: June 1, 2023, Case #: 534851, Categories: Workers' Compensation
J. Clark finds the lower court properly denied the borrower's motion to set aside the default judgment granted to the lender. The 15-day filing limitation in the Connecticut judicial rules of practice is not applicable to foreclosure proceedings and the court was entitled to enter a judgment immediately after the lender proved a default. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: May 25, 2023, Case #: AC45043, Categories: Civil Procedure, Banking / Lending
J. Clark finds that the lower court improperly held that the former paramour of an unborn child's mother had been the "functional equivalent" of a parent at the time he neglected to put a care plan in place upon being sentenced to incarceration. The child was put in foster care after testing positive for drugs following birth, but the department of county social services failed to follow up on paternity testing or investigate whether proffered family members might be able to care for the child after the mother admitted to allegations of neglect. Reversed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: May 25, 2023, Case #: 533771, Categories: Family Law