142 results for 'filedAt:"2023-09-19"'.
J. D'Agostino finds in favor of the owner of a now-defunct Japanese and Chinese restaurant located in Albany and dismisses a class action and putative collective unpaid wages lawsuit brought by a group of restaurant employees. The employees did, in fact, receive wages beyond what federal law requires when including the $1,000 they each received in lodging expenses.
Court: USDC Northern District of New York, Judge: D'Agostino, Filed On: September 19, 2023, Case #: 1:17cv148, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Browning denies, in part, the class's motions for certification, ruling the nationwide menthol subclass of individuals who purchased menthol American Spirit cigarettes is not fit for certification because its members cannot be determined without individualized litigation practices and by seeking out information from individual retailers, which is not feasible. Additionally, the Florida subclass does not meet predominance requirements because its unjust enrichment claims are based on why consumers made certain purchases, not the uniform marketing conduct of the cigarette manufacturers.
Court: USDC New Mexico, Judge: Browning, Filed On: September 19, 2023, Case #: 1:18cv789, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Product Liability, Class Action
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J. Earl finds that the trial court improperly convicted defendant on two counts of dissuading a witness. His repeated attempts to have his children lie to police about his firing a gun in their home were not attempts to induce them to provide false testimony. Also, the trial court should have instructed the jury on the elements of intent and gross negligence related to a count for grossly negligent discharge of a firearm, but the error was harmless. Reversed in part.
Court: California Courts Of Appeal, Judge: Earl, Filed On: September 19, 2023, Case #: C095560, Categories: Firearms, Witnesses, Child Victims
J. Bumb stays class claims contending a payment processing company's electronic deposit product for cafeteria food failed to explain fees on deposits. Plaintiffs' discovery requests duplicated requests made in a similar action, and the facts are nearly identical to the other complaint. Meanwhile, the forum selection clause in the terms of service does not negate that the other case was filed first.
Court: USDC New Jersey, Judge: Bumb , Filed On: September 19, 2023, Case #: 1:20cv14929, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Fraud, Class Action
J. Wolford allows an employee to continue certain claims contending a company and its executives made false representations about prevailing wage requirements on a city project, and fired the employee for raising objections. The court assumes the company requested payment from the city, which would fall under the false claims act, but evidence did not indicate the request contained material misrepresentations. However, the employee may have been terminated for engaging in protected activity.
Court: USDC Western District of New York, Judge: Wolford , Filed On: September 19, 2023, Case #: 6:20cv6167, NOS: False Claims Act - Torts - Personal Injury, Categories: False Claims, Employment Retaliation
J. Torresen declines to dismiss a convenience store employee’s suit claiming he was fired for enforcing the mask mandate during the Covid-19 pandemic. This caused a customer to swear at the employee, who swore back. While it is reasonable to fire an employee for swearing at a customer, there have been instances in the past where the employer has not fired an employee who swore at customers, suggesting the employee’s Covid-19 safety concerns were part of the decision to fire him.
Court: USDC Maine, Judge: Torresen, Filed On: September 19, 2023, Case #: 2:22cv26, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Covid-19, Whistleblowers
J. Gobeil finds that the trial court properly re-sentenced defendant to 30 years in prison for his burglary and theft by taking convictions. Defendant's theft by taking convictions were merged and he was not punished multiple times for the same crime when he was sentenced to 10 years for the merged conviction. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: September 19, 2023, Case #: A23A0875, Categories: Burglary, Sentencing, Theft
J. Lavin holds that the trial court properly dismissed a wrongful death action after finding that decedent's injury and death were related to his employment and fell within the exclusive ambit of workers' compensation. The dual capacity exception does not apply because the employer provided first aid in its capacity as decedent's employer, not as medical providers outside the employment relationship. The fraudulent concealment exception does not apply because the employer first learned of decedent's injuries when he told them. Affirmed.
Court: California Courts Of Appeal, Judge: Lavin, Filed On: September 19, 2023, Case #: B322732, Categories: Negligence, Workers' Compensation
J. Chasanow denies an immigrants' rights advocacy organization and a group of tenants it represents their motion for settlement classification after they sued a property owner for violations of the Fair Housing Act. The organization and tenants claim the property owner discriminated against the tenants as evidenced by failure to address numerous requests to repair and maintain their living spaces. The tenants have yet to provide enough information to proceed but may do so and renew their request for classification.
Court: USDC Maryland, Judge: Chasanow, Filed On: September 19, 2023, Case #: 8:21cv1778, NOS: Housing/Accommodations - Civil Rights, Categories: Immigration, Landlord Tenant, Class Action
J. Currey finds that the trial court prematurely dismissed a challenge to the constitutionality of a school district's Covid-19 distance-learning policy at the pleading stage. Distance learning has ended but the challengers' claim that the policy was discriminatory is not moot as they have a viable remedy for alleged past and continuing harms. Also, it was error to strike class allegations due to the possibly individualized nature of the remedies. Allegations of intra-district and inter-district race and wealth discrimination were sufficient to survive the pleading stage. And allegations that distance-learning policies continue to cause learning loss and disengagement could be remedied by injunctive relief. Reversed in part.
Court: California Courts Of Appeal, Judge: Currey, Filed On: September 19, 2023, Case #: B315814, Categories: Education, Covid-19, Class Action
J. Thrash partially grants the company's motion to dismiss the former company president's counterclaims in a breach of contract and fraud action arising from his alleged participation in a kickback scheme. The motion is granted as to the president's counterclaim for tortious interference. However, the motion is denied with respect to the counterclaims for breach of contract and bad faith. The president plausibly stated a claim for breach of contract arising from the company's alleged repudiation of an obligation in the employment agreement.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: September 19, 2023, Case #: 1:23cv1158, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Detjen finds that the trial court properly denied a lender's application for an order to sell a debtor's home to satisfy a breach of contract judgment. The term "consumer debt" in the statute that prohibits the forced sale of a judgment debtor's home to satisfy a consumer debt is broadly defined and may include debt incurred to buy a 42-foot powerboat. Affirmed.
Court: California Courts Of Appeal, Judge: Detjen, Filed On: September 19, 2023, Case #: F083253, Categories: Consumer Law, Banking / Lending
J. Martinez grants a company summary judgment in claims concerning a gravel mining contract brought after a gravel pit caused potential flooding upon filling with water because defendants failed to prove concrete harm, and the contract unambiguously holds defendants responsible for further plans concerning the pits.
Court: USDC Colorado, Judge: Martinez, Filed On: September 19, 2023, Case #: 1:21cv2153, NOS: Other Contract - Contract, Categories: Contract