280 results for 'filedAt:"2023-09-28"'.
J. Jackson denies summary judgment to an eastern Louisiana police department and a parish sheriff’s office on state-law claims filed on behalf of the minor child of a car passenger shot to death by two lawmen, during a traffic stop for a failed license plate light. The same video evidence that creates a genuine dispute regarding the constitutional excessive force claim against the police officer and the sheriff’s deputy also establishes a genuine dispute as to these claims to state-law claims excessive force, assault and battery.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: September 28, 2023, Case #: 3:20cv221, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
Per curiam, the appellate division finds that attorney Moriam Olaoluwatoyos Fatoki of Texas may be reinstated following her January 2014 suspension for failing to meet registration requirements because Olaoluwatoyos Fatoki complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: September 28, 2023, Case #: PM-220-23, Categories: Attorney Discipline
Per curiam, the North Dakota Supreme Court finds that the juvenile court properly terminated parental rights concerning two minor children. Sufficient evidence exists to support that the children were in need of protection and conclude they had been in the human service zone’s care, custody, and control for at least 450 out of the previous 660 nights. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: September 28, 2023, Case #: 2023ND182, Categories: Family Law
J. Pearce finds that the trial court properly held that the Labor Commission has exclusive jurisdiction over this workers' compensation reimbursement dispute. While trial courts have jurisdiction over some reimbursement claims, this dispute involves questions that only the Commission can resolve, such as the extent to which workplace injuries caused claimant's medical conditions. Affirmed.
Court: Utah Supreme Court, Judge: Pearce, Filed On: September 28, 2023, Case #: 20220471, Categories: Debt Collection, Jurisdiction, Workers' Compensation
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. Graham grants the employer's motion for summary judgment, ruling the insensitive and offensive jokes told on multiple occasions by the employee, including one that involved several babies and a reference to rape, gave it a legitimate reason to fire him and disproves his claim he was retaliated against for filing an EEOC claim.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: September 28, 2023, Case #: 2:20cv1977, NOS: Employment - Civil Rights, Categories: Evidence, Employment Retaliation
J. Summerhayes denies a request by a prosecutor to dismiss claims of misconduct by a former criminal defendant who alleges he spent 44 years in prison for two rapes he did not commit. The former defendant contends the prosecutor fabricated a police report to defeat his alibi evidence. The creation and use of fake evidence constitutes investigative conduct for which an individual prosecutor would not be absolutely immune. The former defendant was freed after a state judge held that due process violations deprived him of a fair trial.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: September 28, 2023, Case #: 1:22cv1971, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Immunity, Due Process
Per curiam, the North Dakota Supreme Court finds that the district court properly denied an application for post-conviction relief. Defendant claims that the district court erred by not allowing him to have “appropriate confidential attorney-client communication” during his telephonic hearing. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: September 28, 2023, Case #: 2023ND179, Categories: Civil Rights
J. Robertson grants the defendant Oklahoma Corporation Commission's dismissal motion in this declaratory judgment lawsuit concerning whether an insurance policy provides coverage for certain actions. The commission is dismissed based on its sovereign immunity under the 11th Amendment. Additionally, the case will be stayed to allow the Western District of Louisiana to "determine the application of the first-to-file rule."
Court: USDC Eastern District of Oklahoma, Judge: Robertson, Filed On: September 28, 2023, Case #: 6:22cv323, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
Per curiam, the appellate division finds that the lower court properly convicted and resented defendant on his guilty plea to selling drugs. Defendant challenged his resentence as harsh, but the claim lacked merit and there was no reason to reduce in the interest of justice. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: September 28, 2023, Case #: 111511, Categories: Sentencing
Per curiam, the North Dakota Supreme Court orders a reprimand of Joseph D. Roach. The matter invovles attorney discipline in Minnesota. The court ordered that Roach comply with the Minnesota Supreme Court order and he is to provide to North Dakota Disciplinary Counsel copies of all reports filed in connection with that supervision.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: September 28, 2023, Case #: 2023ND189, Categories: Attorney Discipline
J. Gonzalez finds that the lower courts properly upheld the legality of Washington state's moratorium on evicting people from their homes due to unpaid rent as a result of the Covid-19 pandemic. State law gives the governor enhanced authority during emergencies such as the Covid-19 crisis, and his move to suspend evictions fell well within his "statutory and constitutional authority" that was expanded upon during the pandemic. Affirmed.
Court: Washington Supreme Court, Judge: Gonzalez , Filed On: September 28, 2023, Case #: 100992-5 , Categories: Government, Landlord Tenant, Covid-19
J. Grimberg rules in favor of the city in a civil rights action brought by a company alleging that the city improperly enforced a constitutionally deficient signage ordinance in rejecting the company's sign permit applications. There is no evidence that the city's staff made a final denial of the company's applications. The record in the case has insufficient information for a proper evaluation of the city's reasons for allegedly denying the applications. The ordinance has also been repealed and replaced.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 28, 2023, Case #: 1:22cv897, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Zoning
Per curiam, the appellate division finds that the labor department properly denied an individual two determinations for unemployment benefits after she failed to file the proper valid original claim due to insufficient earnings. Both denials mailed informed the individual she had 30 days to request a hearing at which she did not, stating she misread and was misinformed by the department. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: September 28, 2023, Case #: CV-23-6, Categories: Employment, Labor
J. Failla sanctions plaintiff's attorneys for their repeated noncompliance with the court's discovery orders in a suit accusing Bob Dylan of child sexual abuse six decades ago. Dylan may still pursue monetary sanctions against the attorneys despite the plaintiff's dismissal of her own action, with prejudice, because Dylan suffered reputational damage as a result of the lawsuit, yet his accuser never produced any responsive materials in discovery.
Court: USDC Southern District of New York, Judge: Failla, Filed On: September 28, 2023, Case #: 1:22cv323, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Sanctions, Assault
J. Treadwell partially grants the state troopers' motion for judgment on the pleadings in a civil rights, battery and emotional distress action brought by an individual alleging that they used excessive force by performing a PIT maneuver to stop a vehicle in which he was a passenger. The car hit a guardrail and flipped. The troopers later sat the individual on the ground, where he was hit with broken glass and debris when another vehicle struck one of the troopers' patrol cars. The troopers are entitled to qualified immunity because the decision to end the high-speed chase with the PIT maneuver was objectively reasonable. There is no clearly established law that would have informed the troopers that their conduct violated the Constitution.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: September 28, 2023, Case #: 5:23cv117, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Matsumoto grants a writ for pre-judgment attachment and orders a physician to pay Geico $576,040 as well as disclose any and all personal assets she possesses for her alleged role in a medical insurance fraud scheme involving claims for medical services provided to no-fault car accident victims. The court overrules the physician’s objections arguing there was not enough evidence to conclude she had forged a non-party physician’s signature on claim documents to collect on the payments.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: September 28, 2023, Case #: 1:22cv6187, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Insurance
J. Matsumoto adopts a magistrate judge’s report and dismisses a seven-count labor law, employment discrimination and whistleblower retaliation suit brought by senior management of the Girl Scouts of America’s Suffolk County branch, claiming the organization’s board of directors and executive board targeted them for retaliation after they opposed what they suspected were acts of fraud, accounting irregularities, ethical issues and other violations. In regards to their claims under the National Labor Relations Act, the court finds it lacks jurisdiction. However, the court grants them one final opportunity to amend their employment discrimination claims alleging the company’s actions were racially motivated.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: September 28, 2023, Case #: 2:21cv7153, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Whistleblowers, Labor
J. Moore finds the lower court erroneously applied the discretionary function exemption to the Federal Tort Claims Act suit brought by the prisoner who claims she was repeatedly raped by a federal prison employee. Reporting of such incidents is mandatory and, therefore, not subject to the exemption. However, because the inmate failed to provide evidence sufficient to prove other prison officials knew of the conduct and failed to act, the complaint must be dismissed for a failure to state a claim. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: September 28, 2023, Case #: 22-6105, Categories: Evidence, Tort, Prisoners' Rights
J. Ruiz denies the insurance administrators' motion to dismiss, ruling the employer insurance plan provider's interpretation of the parties' shared services contract, including that the administrators were required to provide reduced rates for claims, is plausible based on the language in the contract.
Court: USDC Northern District of Ohio, Judge: Ruiz, Filed On: September 28, 2023, Case #: 1:22cv1313, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Soto finds a lower court ruled correctly in convicting defendant of possessing methamphetamine with intent to deliver. Defendant argued there was not adequate evidence to show he had intent to deliver, but “a jury could have reasonably inferred” this intent as defendant “possessed more methamphetamine than is customary for a mere user” and “possessed a larger and smaller bag of methamphetamine, indicating an intent to divide the larger amount into smaller amounts for resale.” The discovery of marijuana paraphernalia was also taken to mean that defendant was a “marijuana user” and therefore that “the methamphetamine was for sale and not for personal use.” Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: September 28, 2023, Case #: 08-23-00084-CR, Categories: Drug Offender, Evidence
J. Womack finds the trial court improperly convicted defendant for murder, imposing a life sentence. Upon briefing, the Arkansas Supreme Court issued an order for a status report regarding the relevance of a conventionally filed physical disk submitted as an exhibit even though it contained no files. The parties jointly advocated remanding the case. The Arkansas Supreme Court expresses its responsibility to scrutinize the record for errors in cases resulting in life-imprisonment sentences. Remanded to settle the record.
Court: Arkansas Supreme Court, Judge: Womack, Filed On: September 28, 2023, Case #: CR-23-1, Categories: Murder, Sentencing, Due Process
Per curiam, the appeals court denies the petition for mandamus to prohibit the trial court from ordering a future sale of property awarded to the petitioner’s ex-wife. The trial court enjoined the petitioner from foreclosing on the property while the case is on appeal because the ex-wife and her children may become homeless or lose equity, such that her injury will outweigh his by issuance of the injunction. The petitioner says the court’s order “allows the sale of the property,” making the appellate court’s jurisdiction moot. The petitioner has failed to establish that the trial court abused its discretion or that it has interfered with appellate jurisdiction.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: September 28, 2023, Case #: 09-23-00279-CV, Categories: Family Law, Property, Foreclosure