179 results for 'filedAt:"2023-08-11"'.
Per curiam, the circuit dismisses a petition for review filed by a union that represents immigration judges, in which it challenges the Federal Labor Relations Authority's decision to uphold a determination that the judges are management officials and, therefore, barred from unionizing. The district court lacks jurisdiction, as the union's second motion for reconsideration remains pending before the authority.
Court: DC Circuit, Judge: Per curiam, Filed On: August 11, 2023, Case #: 22-1028, Categories: Civil Procedure, Labor / Unions
J. Menendez partially grants the employer's motion to dismiss its employee's suit against it alleging that it allowed pervasive sexual harassment to continue unchecked and that she was not granted the same opportunities as male pilots to dispute the results of a positive alcohol test. The employee's Title VII gender-discrimination claim is precluded by the Railway Labor Act and is dismissed. Her Title VII and Minnesota Human Rights Act retaliation claims are not similarly precluded or preempted, and survive since they are adequately pleaded.
Court: USDC Minnesota, Judge: Menendez, Filed On: August 11, 2023, Case #: 0:22cv2212, NOS: Employment - Civil Rights, Categories: Employment, Preemption, Employment Discrimination
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Wall finds a lower court properly convicted a defendant for raping and sodomizing a female victim. The defendant, who was charged with aggravated battery and kidnapping, argued that he was entitled to self- representation. However, the government sufficiently showed in court that the defendant behaved inappropriately at trial. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: August 11, 2023, Case #: 122,156, Categories: Battery, Kidnapping, Self Representation
J. Smith grants a group of plaintiffs’ motion for class certification in this case where they allege that their automobile insurance company
failed to pay them the actual cash value of their vehicles. The class members satisfied the numerosity, commonality, typicality and adequacy requirements for certification.
Court: USDC Eastern District of Pennsylvania, Judge: Smith, Filed On: August 11, 2023, Case #: 5:21cv4479, NOS: Insurance - Contract, Categories: Insurance, Class Action, Contract
J. Conrad finds for an insurer on its action for declaratory judgment concerning its liability for a couple's collision-related injuries. The insurer must pay the couple $300,000 per the policy, which covers commercial fleet vehicles and, therefore, is exempt from state policy stacking requirements.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: August 11, 2023, Case #: 3:20cv207, NOS: Negotiable Instrument - Contract, Categories: Insurance, Vehicle
J. Atkinson finds that the trial court properly ruled for the city in claims seeking to foreclose a municipal lien due to building code violations because evidence supported the summary judgment award. Affirmed.
Court: Florida Courts Of Appeal, Judge: Atkinson, Filed On: August 11, 2023, Case #: 2D22-693, Categories: Foreclosure
[Consolidated]. J. Loken finds a lower court properly imposed sex offender treatment program participation on a defendant who served 120 months in prison and five years probation for conspiracy to sell meth. The defendant argued that the special condition is unreasonable. However, the government presented sufficient evidence in court that the defendant's claims are moot based on a discharge of his seven- year sentence for falsifying his sex offender registration. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: August 11, 2023, Case #: 22-2610, Categories: Sentencing, Sex Offender
J. Loken finds a lower court properly convicted a defendant for making false statements in order to obtain naturalization in the U.S. The defendant argued that the lower court erred in deciding that her false statements were "material." However, the government presented sufficient evidence in court that she presented false testimony and that she is not a person of good moral character. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: August 11, 2023, Case #: 22-2617, Categories: Fraud, Immigration
Per curiam, the appellate division finds that the trial court improperly precluded a hospital from presenting evidence relating to non-party negligence in claims contending a patient's spinal infection was not properly diagnosed or treated because the hospital did not need to particularize its defenses. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 11, 2023, Case #: CA 22-01505, Categories: Medical Malpractice
J. Jay finds the trial court properly denied the citizen a new trial in her personal injury case, which she motioned for in part based on an expert radiologist’s testimony claiming his privacy rights under Florida law were violated when the citizen’s lawyer asked how much money he made per year testifying in court as an expert. There is nothing to rebut the presumption that the jury followed the trial court’s instruction for them to disregard the expert’s statements about the alleged violation of his privacy rights, and the trial court correctly concluded that the statements did not warrant calling a mistrial as the citizen's lawyer requested. All of the citizen’s other grounds for a mistrial also fail. Affirmed.
Court: Florida Courts Of Appeal, Judge: Jay, Filed On: August 11, 2023, Case #: 23-283, Categories: Jury, Tort, Experts
J. Clark finds the trial court properly admitted financial documents from a previous servicer of the mortgage loan and the current servicer was not required to lay a foundation concerning preparation of the data in the documents, which properly authenticated ownership of the loan and allowed for a judgment of strict foreclosure. Meanwhile, the bad faith special defense filed by the borrower was properly stricken from the record. Although mediation attempts between the parties failed during prior litigation, there was no evidence of bad faith or willful misconduct. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: August 11, 2023, Case #: AC45332, Categories: Evidence, Banking / Lending
Per curiam, the appellate division finds that the lower court improperly declined to dismiss defamation claims stemming from the termination of a man's gym membership based on claims that he engaged in lewd behavior in the gym's steam room. The allegation that the gym employee made the accusations to protect his own threatened employment does not support an inference of malice. Further, the alleged publication of the defamatory statements in the New York Post did not amount to outrageous conduct. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 11, 2023, Case #: 04257, Categories: Defamation
Per curiam, the appellate division finds that the family court improperly awarded custody of a child to the mother instead of the father and paternal grandparents without addressing the child's best interests. Meanwhile, the child had always lived with the grandparents due to the parents' substance abuse issues. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 11, 2023, Case #: CAF 22-01012, Categories: Family Law
J. MacIver finds the trial court improperly affirmed defendant’s conviction and sentence to 22 years’ imprisonment for violating two conditions of his probation after he was released from a two-year sentence he served for convictions on child pornography charges. The trial court incorrectly convicted defendant for failing to comply with instructions from his probation officer by finding that wearing a devil costume while working late on Halloween violated the court’s condition prohibiting him from giving kids candy while dressed in a Halloween costume or as Santa Claus or the Easter Bunny, as instructions from the probation officer to not wear a costume in general do not have the same effect as the specific probation conditions imposed by the court. Defendant’s conviction is affirmed as to violating his 10 p.m. curfew condition, but since it’s unclear the court would have convicted him based solely on that violation, the matter is remanded for reconsideration. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: MacIver, Filed On: August 11, 2023, Case #: 22-1550, Categories: Probation, Sex Offender
Per curiam, the appellate division finds that the trial court improperly ruled for the water authority in claims contending a treatment facility diminished the flow of water into a golf club, causing sediment deposits in club ponds. An expert for the club opined the streams had been diminished due to changes in groundwater flow, but the water authority failed to demonstrate certain claims were untimely filed, though the deposit of sediment was established to have been a discrete act that occurred in 2013 when the treatment facility was built. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 11, 2023, Case #: CA 22-00816, Categories: Property, Negligence
J. Bolden grants the employer's motion for summary judgment, ruling that while the morbidly obese employee was disabled at the time he took medical leave for bariatric surgery, the company had a legitimate reason to fire him, given his inconsistent performance history that included numerous disciplinary actions before he ever requested medical leave.
Court: USDC Connecticut, Judge: Bolden, Filed On: August 11, 2023, Case #: 3:21cv1329, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Retaliation
J. May finds that the lower court properly declined to suppress evidence in defendant's trial for the juvenile equivalent of dangerous firearm possession because the police officer's stop and search of defendant was not unlawful. Meanwhile, the conviction was supported by the evidence and officer testimony. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: August 11, 2023, Case #: 22A-JV-3063, Categories: Firearms, Juvenile Law, Search
J. Tailor finds that the lower court improperly convicted defendant of murder of her five-month-old daughter under a theory of accountability. The judge erred by relying on her own understanding of domestic violence. A reasonable jury could find the mother not liable based on the boyfriend's history of domestic violence, which caused her to fear he would do her great bodily harm if she intervened to protect the child. Reversed.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: August 11, 2023, Case #: 160498, Categories: Murder, Domestic Violence