161 results for 'filedAt:"2024-03-19"'.
J. Parker finds that the district court improperly found for a police officer on excessive force claims in a fatal shooting. On initial appeal, the verdict for the officer was vacated with remand instructions to hold a new trial; instead, a motion for summary judgment on qualified immunity was entertained and granted. Because the instructions were ignored, and questions of fact still remained, remand for a new trial is again warranted. Vacated in part.
Court: 2nd Circuit, Judge: Parker, Filed On: March 19, 2024, Case #: 22-969-cv, Categories: Civil Procedure, Immunity, Civil Rights
J. Rivera finds that the appellate division improperly dismissed claims that New York City's system for setting property tax assessments is unfair and inequitable because majority-white sections of town are favored. Dismissal at the pleading stage was unwarranted, as the issue was not whether the claims could eventually be proven but whether they were rooted in viable legal theory. However, dismissing the state as a defendant was proper because those claims failed to support liability in how the city determined assessments. Reversed in part.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: March 19, 2024, Case #: 01, Categories: Property, Tax
J. Pryor finds that the district court improperly dismissed the receiver's fraud, fraudulent transfers and negligence action against the brokerage and software companies arising from their participation in a Ponzi scheme. The district court incorrectly found that the receiver lacked standing to maintain the fraudulent transfer claims against the brokerage company. The transfers injured the corporate entities used to perpetrate the scheme. However, the receiver lacks standing to maintain common law tort claims against the companies because the receiver failed to allege that the receivership estate was separate and distinct from the Ponzi scheme perpetrators. Reversed.
Court: 11th Circuit, Judge: Pryor, Filed On: March 19, 2024, Case #: 22-13658, Categories: Fraud
J. Ellington finds that the trial court properly convicted defendant of murder, participation in street gang activity, aggravated assault and firearm offenses. An assistant district attorney's testimony that he was familiar with the investigation into another gang murder and a detective's testimony that the victim in that murder was a gang member who was shot in a drive-by were both admissible. Neither witness expressly repeated out-of-court statements by another person and the testimony was not clearly hearsay. The trial court correctly instructed the jury. Affirmed.
Court: Georgia Supreme Court, Judge: Ellington, Filed On: March 19, 2024, Case #: S24A0026, Categories: Murder, Gangs
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J. Peterson finds that the trial court properly convicted defendant of murder. Sufficient evidence was presented to support defendant's conviction. Defendant failed to show that the trial court improperly excused a juror for cause since he does not argue that the selected jury was biased or incompetent. Defendant also failed to show that his trial counsel was deficient for failing to move to suppress evidence of a photo identification of him by a witness. Defendant did not show that there was a substantial likelihood of irreparable misidentification because the witness had many opportunities to view defendant and expressed certainty in identifying defendant. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: March 19, 2024, Case #: S24A0105, Categories: Murder
J. Azrack grants a motion to enforce a $65,000 settlement agreement proposed by Home Depot and two third-party contractors to resolve claims for damages stemming from the alleged disturbance of asbestos in a customer’s home while installing a generator. The court finds the customer agreed to the terms of the settlement, that the settlement agreement is valid and enforceable and that his counsel at the time had the legal authority to negotiate on his behalf.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: March 19, 2024, Case #: 2:20cv4125, NOS: Other Contract - Contract, Categories: Settlements, Negligence
J. Tyson finds that the trial court ruled improperly in this child support dispute. The father was involuntarily terminated from his job and provided evidence that he had submitted many applications for employment but was unable to find a job. Therefore, he did not willfully disregard his support obligations, so the trial court should not have imputed capacity to earn income to the father. Vacated.
Court: North Carolina Court of Appeals, Judge: Tyson, Filed On: March 19, 2024, Case #: COA23-266, Categories: Family Law
[Consolidated.] J. Rothschild holds that a hospital properly relied on statutory due process requirements when conducting a peer review that resulted in the suspension of a doctor's hospital privileges. The trial court rightly granted the hospital nonsuit on the doctor's common law peer review claims and denied her motion for leave to amend after trial began. But the trial court improperly awarded attorney fees to the hospital's medical staff on the peer review claims, which were tenable. Reversed in part.
Court: California Courts Of Appeal, Judge: Rothschild, Filed On: March 19, 2024, Case #: B316313, Categories: Employment, Attorney Fees
J. Wyrick grants two of the three dismissal motions in this lawsuit concerning "seven construction vehicles that did more idling than constructing." The purchaser of the vehicles asserts claims for negligence and breach of contract based on an alleged delay in their repairs. However, the complaint fails to establish the court's jurisdiction over one of the defendant companies, and it fails to plausibly state a claim against another.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: March 19, 2024, Case #: 5:23cv159, NOS: Other Contract - Contract, Categories: Warranty, Contract
J. Huffaker denies a legal advocacy nonprofit’s motion for a preliminary injunction in this civil right lawsuit against the Alabama governor for considering race when appointing members to professional boards and commissions. The group, which files lawsuits opposing other race-based criteria in grants, scholarships and other programs, says this practice is discriminatory, demeaning, patronizing and unconstitutionally resulted in a white woman not receiving a seat on the Alabama Real Estate Appraisers Board. The court finds the woman did suffer an injury and that the nonprofit has standing to sue for equal protection, but does not find that an injunction is necessary to prevent an irreparable injury.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: March 19, 2024, Case #: 2:24cv104, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Equal Protection
J. Dale grants in part environmental groups' motion for summary judgment regarding their challenge of Idaho Senate Bill 1211, which authorizes wolf trapping and snaring in grizzly bear habitat, and which they claim will lead to the unlawful "take" of grizzly bears in violation of the Endangered Species Act. The group seek to enjoin the authorization of recreational wolf trapping and snaring until the state obtains an incidental take permit from the Fish and Wildlife Service. The groups have shown they have standing and provided evidence that lawfully set wolf traps and snares are reasonably likely to take grizzly bears. The state is enjoined from authorizing wolf trapping and snaring in grizzly bear habitat except when it is reasonably certain that almost all grizzly bears will be in dens: December 1 to February 28.
Court: USDC Idaho, Judge: Dale, Filed On: March 19, 2024, Case #: 1:21cv479, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Campbell denies the defendant company's motion for summary judgment in this employment discrimination lawsuit brought by a former employee under Title VII and the Tennessee Human Rights Act, as well as the Americans with Disabilities Act. There are issues of fact precluding summary judgment, specifically as to whether the employee requested accommodations and whether the company took an adverse action against the employee.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 19, 2024, Case #: 3:22cv132, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Silfen denies the government's motion to dismiss this complaint seeking damages for costs incurred in an underlying suit for conditions at a post office facility. The property owner has sufficiently established standing and jurisdiction.
Court: Court of Federal Claims, Judge: Silfen, Filed On: March 19, 2024, Case #: 23-192C, Categories: Jurisdiction, Contract
J. Winmill grants a seller's motion to compel discovery in a patent dispute involving the sale of a log-siding machine. The seller holds several patents covering the log-siding machine and the log-siding itself and alleges the buyer fabricated a set of discs for use with the machine which violate the seller's patents. The buyer is compelled to produce revenue information which the seller seeks.
Court: USDC Idaho, Judge: Winmill, Filed On: March 19, 2024, Case #: 4:22cv307, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Rice finds that defendant's conviction for stealing social security cards was based on strong circumstantial evidence of her contemporaneous theft of the victims' credit cards. But a restitution award for the cost of Lifelock subscriptions for the victims was not supported by a close connection to an actual economic loss. Reversed in part.
Court: Montana Supreme Court, Judge: Rice, Filed On: March 19, 2024, Case #: DA 22-0699, Categories: Theft, Restitution
J. Sullivan finds that the lower court properly sentenced defendant after a jury convicted him of robbery, aggravated assault and related crimes while on parole; all the charges stem from defendant’s robbery of a victim at gunpoint after hiding in the victim’s vehicle. Using location data from defendant’s GPS ankle monitor to link him to the crime is reasonable. Affirmed.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: March 19, 2024, Case #: J-S09039-23, Categories: Evidence, Robbery, Assault
J. Leeson grants a manufacturer’s motion to compel arbitration against a former employee alleging race discrimination. The contract the plaintiff entered into upon starting employment, which agreed to arbitrate such matters, is valid and enforceable.
Court: USDC Eastern District of Pennsylvania, Judge: Leeson, Filed On: March 19, 2024, Case #: 5:23cv2622, NOS: Employment - Civil Rights, Categories: Arbitration, Employment, Employment Discrimination
J. Dever grants North Carolina State University’s motion to dismiss allegations of disability discrimination brought by a Ph.D. candidate who claims the university did not accommodate his ADHD, depression and anxiety diagnoses. He requested multiple leaves of absence during his program to attend mental health appointments, which the university afforded him. An advisor gave a research assistantship to a different student because the candidate was “a liability.” However, the candidate’s hostile work environment and failure to accommodate claims are not sufficient or time-barred under the ADA.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: March 19, 2024, Case #: 5:23cv331, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Rights, Education, Employment Discrimination
Per curiam, the appellate division finds that the lower court improperly awarded the press $114,000 in attorneys fees in its FOIA suit against the police department seeking records concerning a traffic accident. This appeals court previously held that the police department had a reasonable basis for denying access to the requested records, so it is not entitled to attorney fees for work performed prior to the department's production of records. However, the court properly granted fees and costs arising from the police department's noncompliance with this court's prior order, and for contempt proceedings stemming from the department's months-long delay in disclosing responsive documents. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 19, 2024, Case #: 01511, Categories: Public Record, Attorney Fees
Per curiam, the appellate division finds that the lower court improperly granted the capital firm's cross-motion for leave to file a third amended complaint to amend its allegations with respect to its fraud claim, but properly granted it with respect to the breach of sale agreement claim. The firm sufficiently alleged that the defendant company's obligation to transfer shares pursuant to the sale agreement was supported by valid consideration. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 19, 2024, Case #: 01504, Categories: Fraud, Contract
J. Flaum finds that the lower court properly dismissed a worker's lawsuit against a barge company stemming from his slip and fall on ice on the deck of a barge, leaving him in the freezing February waters of the Mississippi River for 12 minutes. The complaint fails to connect his fall with any breach of duty owed to him by by the barge company, as his injury was not foreseeable. Affirmed.
Court: 7th Circuit, Judge: Flaum, Filed On: March 19, 2024, Case #: 22-2348, Categories: Tort, Negligence