200 results for 'filedAt:"2023-11-21"'.
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J. Hoyle finds the trial court improperly denied defendant's motion to rescind its order to withdraw funds from his inmate account for payment of restitution, fees and costs. Defendant was convicted for aggravated assault with a deadly weapon, with the court making an indigency finding, and there is no evidence his financial circumstances have changed since that finding. Reversed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: November 21, 2023, Case #: 12-23-00054-CV, Categories: Restitution, Attorney Fees, Civil Rights
J. Worthen denies the medical center's petition for a writ of mandamus challenging the trial court's order striking its designation of responsible third parties. The real party-in-interest says she was injured while working for the medical center, a workers' compensation nonsubscriber. The court granted her motion to strike from her argument that the civil practice code, which includes the responsible third-party statute, does not apply to actions seeking to collect under workers’ compensation. Negligence cases against nonsubscribers are actions under the Worker's Compensation Act and designation of a responsible third party is barred.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: November 21, 2023, Case #: 12-23-00263-CV , Categories: Negligence, Due Process, Workers' Compensation
J. Wright denies the city, county and park board's motions for judgment on the pleadings in the recently homeless individuals and nonprofit's suit alleging that sweeps of encampments in Minneapolis parks violate their civil rights and unlawfully convert their property. While all of the individual plaintiffs are now housed, the transitory nature of homelessness and housing instability are sufficient to confer standing to pursue injunctive relief. They have also adequately alleged that the governments had unconstitutional customs of providing insufficient notice before shutting down encampments and seizing or destroying property found in them, and that they coordinated encampment closures with each other. The nonprofit has also adequately pleaded that the diversion of funds to pay for hotel rooms for displaced encampment residents constituted an injury traceable to the governments' conduct.
Court: USDC Minnesota, Judge: Wright, Filed On: November 21, 2023, Case #: 0:20cv2189, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Injunction
J. Tunheim grants final approval to a class action settlement agreed to by commercial and institutional indirect beef purchasers in multi-district antitrust litigation alleging price-fixing by meatpackers. The settlement, which provides $25 million in monetary compensation and a guarantee of cooperation by one of the packers in ongoing litigation, is fair, reasonable and adequate, and all relevant requirements for class action settlements are satisfied.
Court: USDC Minnesota, Judge: Tunheim, Filed On: November 21, 2023, Case #: 0:22md3031, NOS: Antitrust - Other Suits, Categories: Antitrust, Class Action
J. Cogburn grants a casino’s motion to dismiss allegations brought by a former table games dealer who claims the casino discriminated against him based on his veteran status. The Tribal Casino Gaming Enterprise, which is owned by the Eastern Band of Cherokee Indians, contracts with the casino, but the dealer did not join the enterprise to this suit. However, because the enterprise has sovereign status under the band, it cannot be joined.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 1:23cv36, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Family Law, Employment Discrimination
J. Nelson finds that the district court properly granted qualified immunity to two police officers in an action alleging excessive deadly force when they shot and killed Robert Anderson during a response to a 911 call seeking help with a domestic violence incident. When officers entered the house, Anderson shouted “Fuck you, punks,” ignored a command to get to the ground, and ran down a short hallway towards the officers, at which point the officers shot him five times. Affirmed.
Court: 9th Circuit, Judge: Nelson, Filed On: November 21, 2023, Case #: 22-15382, Categories: Civil Rights, Immunity, Police Misconduct
J. Haines finds that a technician driver may continue wrongful termination and retaliation claims contending employer National HME failed to make a good faith effort to accommodate his request for light-duty, right-handed work after he sustained a series of work-related injuries to his lower back and left shoulder. Evidence indicates the employer responded that "no accommodating work was available," and the driver identified a causal connection between his request and his termination the following day.
Court: USDC Western District of Pennsylvania, Judge: Haines, Filed On: November 21, 2023, Case #: 3:23cv40, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation, Workers' Compensation
J. Badding finds that defendant was properly convicted of second-degree harassment following a road rage incident because defendant was not being threatened when he pulled out a gun and told the victim he was going to kill him. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: November 21, 2023, Case #: 22-1755, Categories: Evidence, Harassment
J. Bower finds that a wife was properly awarded spousal support in a dissolution of marriage because her homemaking role equally contributed to the marriage and justified an equitable settlement and alimony. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: November 21, 2023, Case #: 22-1954, Categories: Family Law
J. Badding finds that children were properly placed in the physical care of their mother in a custody dispute because the father was addicted to methamphetamine and he threatened to kill himself in front of his children. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: November 21, 2023, Case #: 23-0014, Categories: Family Law
J. Chicchelly finds that spousal support was properly modified in the wife's favor following dissolution of marriage because she experienced health problems impacting her ability to work while the husband experienced a bump in salary. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: November 21, 2023, Case #: 23-0357, Categories: Family Law
J. Hurd rejects a legal challenge to New York State’s firearm licensing requirements brought by two state residents who were denied firearm licenses by a county court judge on the basis of past criminal histories, which they argue is a violation of their constitutional rights. The judge, who acted as a statutory licensing officer in this case, is protected by judicial immunity, their claim for declaratory relief is denied on the basis that they fail to establish the interests of the judge are sufficiently adverse to their own, and their claim seeking an injunction enjoining state officials from enforcing the regulations are barred under federal civil rights law.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: November 21, 2023, Case #: 1:15cv658, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Firearms