168 results for 'filedAt:"2024-03-22"'.
J. Cooper denies, in part, the Bureau of Land Management's motion for summary judgment on several conservation groups' challenge to the sale of 120,000 acres in Wyoming for drilling. The agency erroneously assessed the sale's impact on groundwater and wildlife, and did not explain how its analysis of greenhouse gas emission affected its decision.
Court: USDC District of Columbia, Judge: Cooper, Filed On: March 22, 2024, Case #: 1:22cv1871, NOS: Environmental Matters - Other Suits, Categories: Energy, Environment, Property
J. Kellum finds that the lower court improperly revoked defendant's community-corrections sentence. Defendant had been given a split sentence in which "he was ordered to serve 2 years in community corrections, followed by 5 years' supervised probation," based on his guilty plea to a firearm charge and receiving stolen property. The revocation order was based on insufficient evidence. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: March 22, 2024, Case #: CR-2023-0843, Categories: Evidence, Probation, Sentencing
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J. Cassel finds the district court improperly overruled the school district's motion for summary judgment. The district claims it has immunity from the wrongful discharge suit filed by the former employee who was terminated after it was discovered she had provided incorrect ID information in order to cover up a previous arrest. The district's decision to terminate her employment falls within the discretionary function exemption of the Political Subdivisions Tort Claims Act. Reversed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: March 22, 2024, Case #: S-23-490, Categories: Education, Employment, Tort
J. Edwards finds the trial court improperly granted the mother's petition allowing her to relocate her and the father's children from Nassau County, Florida to Cape Canaveral, Florida, roughly three hours away by car. The mother's petition was legally insufficient, in part because she made no showing that the relocation would be in the children's best interest, and there is nothing in the record showing the trial court considered all the necessary factors when making its decision. Reversed.
Court: Florida Courts Of Appeal, Judge: Edwards, Filed On: March 22, 2024, Case #: 23-1486, Categories: Family Law
J. Barringer finds that the court of appeal improperly ruled to reverse the trial court's ruling in this negligence complaint brought by a tenant against his landlord after he was burned from a gas explosion in the rental property. The tenant never gave the landlord any prior notice of the defect and the need for repairs in the home. Reversed.
Court: North Carolina Supreme Court, Judge: Barringer, Filed On: March 22, 2024, Case #: 28A23, Categories: Landlord Tenant, Negligence
J. Lasnik grants partial summary judgment to the zoo against the animal law advocacy organization's claim that housing brown bears with cheatgrass “harasses” the bears, which is part of the organization's complaint that the zoo violated the Endangered Species Act by possessing and improperly caring for endangered species. The organization does not identify any evidence that would have someone reasonably conclude that the presence of cheatgrass would disrupt a brown bear's normal behavior patterns if it's in its enclosure, at least beyond the cheatgrass getting stuck in the bear's fur.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: March 22, 2024, Case #: 3:18cv6025, NOS: Other Statutory Actions - Other Suits, Categories: Evidence, Animal Cruelty
J. Rozzoni denies a motion to remand a race discrimination case brought by a Walmart customer to the state court based on lack of diversity jurisdiction. The customer claims that the security guards involved in the incident do not have diversity with the customer, but the judge notes that the security guards are not named in the suit and diversity exists between the customer and Walmart. Additionally, the judge recommends denial of the customer’s motion for a bench trial because the customer’s motion does not meet exceptions that erode the right to a jury trial.
Court: USDC New Mexico, Judge: Rozzoni, Filed On: March 22, 2024, Case #: 1:23cv973, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Corporations, Jurisdiction
Per curiam, the appellate court finds that the trial court should not have excluded medical records a plaintiff driver produced after the expiration of the discovery deadline and shortly before the first trial date. In this case, due to no fault of the parties, the trial was continued for several months, allowing ample time for additional discovery. Reversed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: March 22, 2024, Case #: 24-C-21, Categories: Evidence, Negligence, Discovery
J. Mitchell finds the trial court improperly ruled when finding a builder in breach of contract, as alleged by the city, when a project developer went bankrupt and the bank failed to finish the roads for the subdivision. The builder should not have been held responsible for the bank's contractual breach. Reversed.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: March 22, 2024, Case #: SC-2023-0612, Categories: Bankruptcy, Construction, Contract
[Consolidated.] J. Mitchell affirms the circuit court's ruling that the county overvalued the property at a petrochemical plant when it assessed property taxes. The evidence supports the finding that the county's appraisals did not accurately reflect the property's fair market value. Affirmed.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: March 22, 2024, Case #: SC-2023-0183, Categories: Property, Real Estate, Tax
J. Dishman denies the plaintiff vehicle owners' motion to exclude certain expert testimony in this product liability lawsuit arising from a fire that they allege started in a recreational vehicle as a result of a defective refrigerator. The defendant refrigerator manufacturer's expert is a certified fire and explosion investigator who has investigated "more than 1,000 fires, including RV fires where gas absorption refrigerators were present." The court does not find his opinions to be unreliable and notes the spoliation issue "can be adequately challenged on cross-examination."
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: March 22, 2024, Case #: 5:20cv272, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Product Liability, Experts
J. Earls finds that the trial court properly ruled in favor of the alleged paramour in this complaint brought by a former husband alleging alienation of affection. The former husband failed to show that his former wife and her coworker were romantically involved prior to the marital separation. Affirmed.
Court: North Carolina Supreme Court, Judge: Earls, Filed On: March 22, 2024, Case #: 294A22, Categories: Family Law, Emotional Distress
J. Dietz finds that the trial court improperly certified a class in an action alleging the car dealership ran a deceptive promotion that led people to believe they had won a new car worth $20,000. The court's order is inconsistent and the case is remanded for further proceedings. Reversed.
Court: North Carolina Supreme Court, Judge: Dietz, Filed On: March 22, 2024, Case #: 198A22, Categories: Class Action, False Advertising
J. Brennan finds that the lower court properly denied defendant's habeas petition challenging his conviction for sexually assaulting his daughter. Trial counsel was not ineffective for failing to move for the in camera review of the daughter's medical records, as the motion would have been futile. The daughter's mental state was already before the jury as far as her reports of hearing voices, and defendant cannot show the medical records contained material evidence. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: March 22, 2024, Case #: 17-2903, Categories: Habeas
J. Smith partially denies summary judgment to a boat captain who slipped and fell on a whale watching tour boat. There is a genuine dispute of material fact if there was an unseaworthy, worn non-slip strip and fuel leak in the room where he slipped, or if this was an uncommon condition of the room. The tour company is granted partial summary judgment as to the injury to the captain’s left leg, but not to injury to his right knee. The tour company’s obligation to the health of his left leg has reached maximum medical cure, but questions remain as to whether the right knee’s condition is connected to the original injury.
Court: USDC Hawaii, Judge: Smith, Filed On: March 22, 2024, Case #: 1:22cv442, NOS: Marine - Torts - Personal Injury, Categories: Admiralty, Employment, Tort
J. Easterbrook finds that the lower court properly rejected the company's suit seeking a $3.5 million tax refund for deductions based on revenues from software sales. The company cannot show that it sold "direct use" of the software for it to qualify as the sale of a service rather than as a product. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: March 22, 2024, Case #: 23-1936, Categories: Tax
J. Lyle finds that the lower court properly vacated the administrative judge's ruling that the company owed $69,000 to the county for unpaid gasoline tax. The company was not required to collect fuel tax on gasoline delivered to a gas station owned by the same business entity. Reversed in part.
Court: Illinois Appellate Court, Judge: Lyle, Filed On: March 22, 2024, Case #: 22056, Categories: Tax
J. Suddaby rules on a motion for summary judgment and preserves a claim for discrimination based on disparate pay, plus two claims for retaliation against a Cornell University nonprofit. The litigant, a female safety officer, sufficiently alleges her employer paid herself and other women less than their male counterparts. She also adequately alleges the employer demoted her and delayed in paying her accrued leave payments, thus causing her to suffer a loss in Social Security benefits, because she filed a charge of discrimination with the EEOC.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: March 22, 2024, Case #: 3:23cv446, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Matsumoto dismisses a second-amended fraud complaint that alleges a sports card authentication and grading services company misrepresented the authenticity of a 1980 Larry Bird, Magic Johnson Scoring Leaders trading card. The card owner’s state law fraud claim is time-barred, and the complaint fails to allege scienter or intent to deceive.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: March 22, 2024, Case #: 1:22cv5308, NOS: Other Contract - Contract, Categories: Fraud
J. Lindsay enters judgment in favor of a Long Island public school district’s dean of students on a high schooler’s unlawful search and seizure claim and dismisses the complaint in its entirety. The court rules the dean had sufficient cause to perform a search on the student’s person on suspicion that he was in possession of THC vaping products and that the search was reasonable, unpersuaded by the student’s description that it was more of an invasive strip search. His other claims were considered abandoned.
Court: USDC Eastern District of New York, Judge: Lindsay, Filed On: March 22, 2024, Case #: 2:21cv63, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Fallon denies a Texas-based alcoholic beverages distributor’s request to dismiss a negligence and defamation suit brought by a former driver. He alleges 16 months after he left the company, a lawyer for his ex-employer falsely informed a U.S. Department of Transportation website he refused to take a drug test. The allegations “just barely” support a defamation claim of reckless disregard for the truth.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: March 22, 2024, Case #: 2:24cv304, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Employment, Negligence, Defamation