158 results for 'filedAt:"2023-12-07"'.
J. Russell grants, in part, a nursing home’s motion to dismiss in this lawsuit brought by a former employee alleging race discrimination and retaliation. The former cannot establish that other similarly situated employees were treated more favorably than her to support her race discrimination claims. She has plead prima facie that the adverse reaction of retaliation happened after the nursing home became aware of the protected activity. Therefore, the motion to dismiss discrimination is granted. The retaliation claim is denied, and the nursing home must answer the complaint.
Court: USDC Maryland, Judge: Russell, Filed On: December 7, 2023, Case #: 1:22cv43, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Pena finds that the lower court improperly denied the appellant's plea to the jurisdiction in this personal injury lawsuit stemming from a vehicle collision. The appellee motorist failed to file suit within the limitations period, and "the doctrines of misnomer and misidentification do not apply to toll the limitations period." Reversed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: December 7, 2023, Case #: 13-22-00575-CV, Categories: Civil Procedure, Tort, Jurisdiction
J. Mortensen finds that the trial court properly ordered a permanent stalking injunction on a building manager who had threatened a tenant's employee. The order was supported by evidence that the building manager targeted the employee with a course of conduct that would make a reasonable person fear for his safety. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: December 7, 2023, Case #: 20220522-CA, Categories: Restraining Order
J. Gonzalez denies a motion for judgment on the pleadings and subsequently allows a blind man to amend his ADA disability discrimination complaint that alleges he was unable to access a Manhattan-based restaurant’s website. The court rules he has standing, finding he provides enough detail regarding his intent to visit the restaurant in the future with his girlfriend. However, the court will reopen limited discovery to allow the restaurant’s owners to seek documentation to determine whether his intent is genuine.
Court: USDC Eastern District of Virginia, Judge: Gonzalez, Filed On: December 7, 2023, Case #: 1:23cv207, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Discovery
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J. McShan finds that the lower court properly denied plaintiff access to recover personal property at a parcel sold along with four others to resolve a long-running family dispute over partitioning real property because issues raised on appeal amounted to a request to vacate partition and sale, a new action not preserved for review. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: December 7, 2023, Case #: 535558, Categories: Property, Contract
J. Collins finds that the district court properly entered convictions and sentences for various offenses arising from four individuals' participation in the January 2016 occupation of the Malheur National Wildlife Refuge in eastern Oregon. Sufficient evidence existed to support the convictions and sentences. Defendants engaged in the occupation of the wildlife refuge to oppose federal controls of public land. The incident led to the arrests of more than 40 individuals. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: December 7, 2023, Case #: 17-30242, Categories: Evidence, Sentencing
J. Gallagher finds the lower court properly granted permanent custody of a mother's children to family services. The mother failed to implement lessons from parenting classes into her everyday life and refused to take actions to prevent sexual and physical abuse, including continuing to allow their step-grandfather to be alone with them even after he was accused of abusing them. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: December 7, 2023, Case #: 2023-Ohio-4423, Categories: Evidence, Family Law
J. Oliver grants a lender dismissal because the borrower's prior suit, which contains nearly identical allegations and relates to the same mortgage loan, remains pending before the court.
Court: USDC Connecticut, Judge: Oliver, Filed On: December 7, 2023, Case #: 3:21cv609, NOS: Consumer Credit - Other Suits, Categories: Civil Procedure, Debt Collection, Consumer Law
J. Ceresia finds that a school district's appeal from a state order to cease using "Indians" as a nickname with Native American imagery should be dismissed as moot. While the appeal was pending, state education regulations were amended to specify that no public school in New York would be allowed to use Indigenous names, logos, or mascots for any reason other than classroom instruction.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: December 7, 2023, Case #: 535910, Categories: Education, Native Americans
Per curiam, the appellate division finds that the lower court improperly granted the plaintiff attorney $662 in damages on civil rights claims stemming from his ejection from a Madison Square Garden venue because his firm is involved in litigation against the venue. At the time the court granted this motion, the venue had not yet answered the amended complaint so it was premature. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 7, 2023, Case #: 06314, Categories: Civil Procedure, Civil Rights
J. Pritzker finds that the lower court properly upheld a small claims judgment against a property owner who sought to recoup costs from two neighbors for snowplowing services on a shared driveway. A governing contract did not exist, and while precedent holds that all beneficiaries to an easement should contribute to "maintenance and repair," snowplowing did not constitute the latter. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: December 7, 2023, Case #: 535970, Categories: Property, Contract
J. Mitchell finds that the lower court properly denied defendant's request for pretrial release. While the bail reform measure of the Pretrial Fairness Act apply to defendant, the state showed the defendant poses a real and present real to the safety of community due to police having found him in possession of a bomb made of commercial grade fireworks. Affirmed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: December 7, 2023, Case #: 231807B, Categories: Bail
J. Pohlman finds that the trial court properly denied defendant's challenge to the constitutionality of his sentence on convictions for aggravated murder and child abuse. His ineffective assistance and suppression of evidence claims are not cognizable under the resentencing rule he invoked. And the trial court was right to treat his challenge as a motion for resentencing relief due to its title and its contents, and not a petition for post-conviction relief. Affirmed.
Court: Utah Supreme Court, Judge: Pohlman, Filed On: December 7, 2023, Case #: 20210293, Categories: Murder, Sentencing
J. Brennan finds that the immigration board correctly found the immigrant removable due to his conviction of complicity to first-degree robbery in Kentucky. The state's complicity law is not overbroad with respect to generic aiding-and-abetting liability, and was properly categorized as a crime of violence. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: December 7, 2023, Case #: 22-2383, Categories: Immigration, Agency
J. McShane dismisses the family's federal claims accusing the city's officers of allowing decedent to asphyxiate in their custody, whereupon he permanently lost consciousness and died several months later. There is no evidence that one specific officer saw the seatbelt wrap around decedent's throat and did not intervene, and there is no evidence of inexcusable negligence among the other officers.
Court: USDC Oregon, Judge: McShane, Filed On: December 7, 2023, Case #: 6:21cv142, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. Harris holds that the trial court properly found that a homeowner's backyard improvements did not interfere with a water district's easement for an underground pipeline. A bright-line rule barring any permanent construction within an easement is outweighed by the potential loss of otherwise reasonable uses of land under the rule of mutual reasonableness. Also, jury instructions about the law of easements and the mutual obligation not to unreasonably interfere with the other's use were accurate and complete. And testimony from the State Engineer properly addressed the reasonableness of both the homeowner's and the water district's existing and possible uses. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: December 7, 2023, Case #: 20220025-CA, Categories: Property
J. Hodges finds that the trial court properly denied the ex-wife's motion to appoint a guardian ad litem after the ex-husband sought primary physical custody of the couple's daughter. The trial court correctly found that a guardian ad litem was not necessary in the action. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: December 7, 2023, Case #: A23A1644, Categories: Family Law
Per curiam, the Massachusetts Court of Appeals vacates summary judgment in favor of a university sued by one of its former employees for age discrimination after he was fired as its women’s soccer coach at the age of 51. The former coach sufficiently argued that some of the university’s supposedly non-discriminatory reasons to fire him were mere pretext. For example, while the university claimed the former coach was fired because of a downward trend in his team’s performance, the team’s wins under him more than doubled between 2016 and 2017, even if 2017 was not an overall winning season.
Court: Massachusetts Court Of Appeals, Judge: Per curiam, Filed On: December 7, 2023, Case #: 22-P-1162, Categories: Education, Employment, Employment Discrimination
Per curiam, the appellate division finds that the lower court properly granted the city's motion to dismiss a woman's claim stemming from her abuse in foster care. The Social Services Law does not provide a private right of action for claims against child-welfare officials, and this court has previously found that the Law does not create an exception to the special duty rule. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 7, 2023, Case #: 06323, Categories: Civil Rights, Immunity
J. Ecker finds the lower court erroneously dismissed the inmate's petition for a writ of habeas corpus as untimely. Although it was filed more than five years after the certification of his conviction, there is no evidence in the record the inmate's attorney advised him of any filing deadline or the need to refile the petition after his initial filing was voluntarily dismissed. Therefore, the case will be remanded to allow for proper analysis of the petition. Reversed.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: December 7, 2023, Case #: SC20558, Categories: Criminal Procedure, Habeas
[Consolidated.] J. Ceresia finds that the lower court properly dismissed public record claims related to hospital treatment received by Covid-19 patients and statistics on hospital deaths, both generally and tied to Covid-19, as requested by a media company that produces health care content geared to doctors and policymakers. The records access officer for the health department certified that the documents did not exist or could not be found despite a diligent search. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: December 7, 2023, Case #: 536110, Categories: Civil Procedure, Public Record, Covid-19
J. Siler finds that the district court properly entered summary judgment in favor of the U.S. Forest Service in an action challenging the Service’s approval of the "Three Creeks Project." The project sought to address issues in the Inyo National Forest which has been subject to sweeping changes due to decades of logging, fire suppression, and drought. Those issues left the forest dense with thin, immature trees which created conditions likely to cause forest fires, bark-beetle infestations and fungal infections. Environmental groups contend that the Service failed to adequately supplement its National Environmental Policy Act analysis following the 2020 bark-beetle outbreak. The environmental groups have not shown that the Service’s approval of the Three Creeks Project is arbitrary, capricious or otherwise unlawful. Affirmed.
Court: 9th Circuit, Judge: Siler, Filed On: December 7, 2023, Case #: 22-16751, Categories: Environment
Per curiam, the circuit finds that the district court properly held that an insurer did not owe an attorney or his former law firm a defense in legal malpractice and fraud claims stemming from a land deal. The policy explicitly excluded coverage should the insured undertake activities as an officer of another business enterprise, which occurred when the attorney formed a separate corporation to purchase the land from a client. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 7, 2023, Case #: 23-57-cv, Categories: Indemnification, Legal Malpractice
J. Ross preserves, on a motion to dismiss, an investigative reporter’s First Amendment claim that alleges Nassau County violated his right to freedoms of press and speech and equal access. He claims a member of the county legislature, during a public meeting regarding proposed plans for the Las Vegas Sands Casino, barred him from an area of the room dedicated to members of the press and subsequently removed him from the meeting. The reporter adequately alleges the county’s actions were in retaliation for comments he made several hours prior during a public comments portion of the meeting.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: December 7, 2023, Case #: 2:23cv4286, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment
J. Ryan finds defendant's conviction for gross sexual imposition in relation to the mail carrier he grabbed was not supported by sufficient evidence. The only force involved in the crime was the act itself; therefore, the conviction will be modified to sexual imposition. Furthermore, because the 2-year delay in prosecuting defendant's case was largely the result of pandemic-related continuances, his claim for speedy trial violations is meritless. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: December 7, 2023, Case #: 2023-Ohio-4413, Categories: Evidence, Sex Offender, Speedy Trial
J. Lynch finds that the lower court properly dismissed negligence claims brought after an unexpected surge in hot water scalded an infant being bathed in a kitchen sink because the corporate entities that owned and maintained the apartment unit had not received notice of a dangerous condition and did not owe a duty to perform routine valve inspections. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: December 7, 2023, Case #: 536062, Categories: Landlord Tenant, Tort
Per curiam, the appellate division finds that the lower court improperly ordered the city to pay the plaintiff's $18,000 for all expenses he incurred attempting to obtain discovery. There is no evidence the city willfully failed to comply with any discovery orders, and its delay in moving to dismiss the negligence claims was not so egregious as to be frivolous. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 7, 2023, Case #: 06325, Categories: Sanctions, Negligence, Discovery