132 results for 'filedAt:"2023-08-21"'.
J. Sannes enters judgment in favor of the New York State Department of Education on a 71-year-old special education teacher’s employment discrimination and retaliation complaint that alleged she suffered disciplinary action on the basis that she suffered from extreme anxiety and other mental health conditions, which ultimately led to her forced resignation. The education department successfully argued that its decision to initiate disciplinary actions against her were due to complaints that she reportedly said she was going to “kill” or otherwise harm her supervisor and
not driven by discriminatory animus.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: August 21, 2023, Case #: 1:20cv195, NOS: Other Civil Rights - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Peterson finds that the trial court properly convicted defendant of murder. Any error the trial court committed in failing to take curative action when the prosecutor asked defendant why he waited until trial to say he acted in self-defense was harmless in light of the overwhelming evidence of defendant's guilt. Defendant has not shown that his trial counsel performed deficiently by failing to move for a mistrial based on the prosecutor's questioning. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: August 21, 2023, Case #: S23A0628, Categories: Ineffective Assistance, Murder
J. Lee finds that the lower court properly awarded the injured police officer $7.5 million on his failure-to-warn claim against the ammunition maker after he was struck in the spine by a breaching round that remained live after a fellow police officer missed a metal target. None of the ammunition maker's product literature warns that breaching rounds that hit wood do not disintegrate. Further, the jury's award was rooted in the substantial evidence of the officer's chronic pain and permanent medical conditions. Affirmed.
Court: 7th Circuit, Judge: Lee, Filed On: August 21, 2023, Case #: 22-1861, Categories: Damages, Product Liability
J. Gonzalez preserves a real estate buyer’s claims seeking liability for the loss of his $336,247 after he was a victim of a wire transfer scam in connection with a real estate deal to purchase a Florida property. The litigant alleges one of the defendant’s employees disguised himself as an employee of both the real estate and title agency companies and gave him fraudulent wire transfer details in order to steal his payment. The email exchange between the litigant and the alleged scammer occurred in New York, therefore the court has personal jurisdiction over the defendant.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: August 21, 2023, Case #: 2:22cv3921, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Fraud, Jurisdiction
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. Smith finds that the lower court improperly in part convicted defendant of rape and kidnapping. An element of the jury instructions were incorrectly given, as the state contended that defendant committed two acts of rape but did not require the jury to agree to which act supported the overall conviction. While defendant's claims of double jeopardy are without merit, his rape and kidnapping convictions are vacated and the matter is remanded for further proceedings. His robbery conviction requires resentencing as well. Vacated in part.
Court: Washington Court Of Appeals, Judge: Smith, Filed On: August 21, 2023, Case #: 83773-7-I, Categories: Sex Offender, Assault, Kidnapping
J. Lagoa finds that the district court improperly entered a preliminary injunction barring enforcement of a provision of Alabama's Vulnerable Child Compassion and Protection Act. The provision prohibited anyone from prescribing or administering puberty blockers to minors for the treatment of "discordance between the minor's biological sex and sense of gender identity." The healthcare providers, transgender minors and parents challenging the law failed to show that a constitutional right exists under the due process clause to treat children with transitioning medications subject to medically accepted standards. The provision targets specific medical interventions for minors and does not discriminate based on sex. Vacated.
Court: 11th Circuit, Judge: Lagoa, Filed On: August 21, 2023, Case #: 22-11707, Categories: Civil Rights, Lgbtq
J. Lynch finds that the district court improperly found for manufacturers of cannabis-derived products sued by a commercial trucker fired after a random drug test detected the psychoactive chemical THC in his system, from a tincture that supposedly contained only medicinal CBD. Although the trucker used the product connected to a prior car accident, civil RICO claims were valid for injuries "in business or property," which encompassed lost livelihood and job benefits.
Court: 2nd Circuit, Judge: Lynch, Filed On: August 21, 2023, Case #: 22-349-cv, Categories: Tort, Racketeering
J. Hillman grants a motion for partial summary judgment brought by delivery drivers in a class action against a freight forwarder for misclassifying them as independent contractors and unlawfully deducting their wages. The level of control the forwarder had over the delivery drivers’ work is too high for it to have classified them as independent contractors rather than employees. The forwarder controlled everything, apart from the drivers being responsible for maintaining their own equipment and paying and training additional employees, which benefits the forwarder as much or more than the drivers.
Court: USDC Massachusetts, Judge: Hillman, Filed On: August 21, 2023, Case #: 4:18cv11905, NOS: Other Contract - Contract, Categories: Employment, Workers' Compensation, Labor
J. Mann finds that the lower court properly convicted defendant of assault. Defendant claims that the prosecutors in the case improperly made a "generic tailoring" argument that allowed the jury to make adverse inferences based on defendant's right to represent himself during trial. While this argument was improper, defendant's failure to object to it during trial waives his claims. Affirmed.
Court: Washington Court Of Appeals, Judge: Mann, Filed On: August 21, 2023, Case #: 83589-1-I, Categories: Criminal Procedure, Prosecutorial Misconduct, Assault
[Consolidated.] J. Pinson finds that the trial court properly convicted defendants of murder and other offenses. The trial court's admission of an edited version of defendant's and co-defendant's recorded out-of-court statement to police did not violate defendant's Confrontation Clause rights. The statement was not directly inculpatory of defendant. Although the trial court incorrectly failed to give the jury a limiting instruction, defendant failed to show that the trial outcome was likely impacted by the error. Sufficient evidence was presented to support co-defendant's convictions, including his text messages bragging about the murders and his admission that he was at the scene of the shootings. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: August 21, 2023, Case #: S23A0559, Categories: Confrontation, Murder
J. Moore finds the trial court erroneously calculated defendant's sentence after he pleaded guilty to a charge of witness tampering. It used an improper offense level based on a human trafficking charge that was dismissed as part of the plea agreement. Vacated.
Court: 6th Circuit, Judge: Moore, Filed On: August 21, 2023, Case #: 22-5181, Categories: Sentencing, Witnesses, Human Trafficking