129 results for 'filedAt:"2023-06-02"'.
J. Martinez rule on several motions in limine in the mother's lawsuit alleging that the county wrongfully removed her infant and placed the infant into foster care after both tested positive for methadone. The mother's request to exclude unabridged DSHS court reports, caretaker reports and social worker reports from trial is denied, as these documents are relevant and highly probative. However, the county may not refer to any of the mother's objections to discovery requests or discuss any discovery disputes, as these are almost always excluded at trial and the county has not presented an adequate basis for presenting them to the jury.
Court: USDC Western District of Washington, Judge: Martinez, Filed On: June 2, 2023, Case #: 2:20cv1665, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Jury, Discovery
J. Morrison throws out an Americans with Disabilities Act complaint that alleging a deaf customer was unable to watch several promotional videos related to audio-visual equipment on its website due to a lack of closed captioning, which prevented him from purchasing its products. The court finds he lacks standing because he failed to allege an injury in fact under the ADA, more specifically that he failed to argue that he intended to return to the website.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: June 2, 2023, Case #: 1:22cv6961, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act
J. Morrison denies the applicant’s motion to remand his hybrid Article 78 appeals petition and civil rights complaint to New York State Supreme Court. He alleged the NYPD violated his Second and Fourteenth Amendment rights when it denied his two applications for firearm licenses when it determined he “lacked good moral character.” He also argues that the state’s review process pursuant to Article 78 petitions when applied to a court's review of a state agency's decision to deny a firearm license is unconstitutional. The court finds that his claims are clearly causes of actions under federal law.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: June 2, 2023, Case #: 1:22cv7620, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Firearms
J. Stadtmueller finds partially in favor of the solar power plant developer in a lawsuit it faces from a company which loaned the developer more than $500,000 across two business notes which ended up in default. The company who made the loan's motion for summary judgment is partially granted, in that it is ordered that the developer is liable to the company for around $3.9 million per the terms of their agreement even though the company only ever dispersed $514,000, but the company's claim for turnover of a membership interest in the developer is dismissed with prejudice. If the parties are unable to agree on an amount of prejudgment interest, the first round of briefing on the matter is due from the company on July 5, 2023.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: June 2, 2023, Case #: 2:22cv757, NOS: Negotiable Instrument - Contract, Categories: Negligence, Contract
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J. Schreier finds that the district court improperly denied an amended habeas petition after defendant pleaded guilty to nine charges including burglary and rape. Defendant did not need to obtain a certificate of appealability in order to appeal the denial of an instant appeal. Reversed.
Court: 9th Circuit, Judge: Schreier, Filed On: June 2, 2023, Case #: 21-15616, Categories: Burglary, Habeas, Sex Offender
J. Yegan sanctions appellant for filing an indisputably frivolous appeal in a contract action that was dismissed in summary judgment. The trial court properly denied appellant leave to amend a cross-complaint since appellant did not timely request leave to amend, show that the trial court's summary judgment ruling was arbitrary or file an opposition to summary judgment that was supported by any evidence. Both appellant and his counsel must pay $10,000 to respondent for delays the appeal caused in foreclosing on a mechanic's lien and $5,000 to the appeals court.
Affirmed.
Court: California Courts Of Appeal, Judge: Yegan, Filed On: June 2, 2023, Case #: B319563, Categories: Sanctions, Contract, Attorney Discipline
J. Seabright partially grants summary judgment to the U.S. Postal Service on several claims of retaliation brought by an employee. The employee could not show that five of the seven alleged retaliatory acts were related to either his filing of a equal employment opportunity complaint or that his supervisors had knowledge that he was affiliated with another employee that filed an complaint. A claim for hostile work environment therefore also is denied.
Court: USDC Hawaii, Judge: Seabright, Filed On: June 2, 2023, Case #: 1:23cv553, NOS: Civil Rights - Habeas Corpus, Categories: Employment Retaliation