176 results for 'filedAt:"2024-03-26"'.
J. McDade finds that the lower court properly denied defendant's request for pretrial release on charges of violating a stalking no-contact order. Defendant called the victim and attempted to unlawfully enter her home, showing that he remains a danger to her. Affirmed.
Court: Illinois Appellate Court, Judge: McDade, Filed On: March 26, 2024, Case #: 230758, Categories: Bail, Threats
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J. D’Agostino denies summary judgment to two Colonie police officers on claims that they used excessive force to arrest an individual suspected of shoplifting at a local Target, which caused him to suffer a broken arm. The parties disagree over whether the suspect, after fleeing from the scene, voluntarily laid down on the ground in the parking lot to be arrested or whether he accidentally fell and had to be physically restrained.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: March 26, 2024, Case #: 1:20cv151, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Police Misconduct
J. Suddaby enters judgment against a Kingston, New York, resident on his remaining false arrest and false imprisonment claims stemming from a physical altercation with his daughter’s boyfriend and dismisses the case. The court finds the remaining defendant, a SWAT team member with the local police force, had probable cause to arrest the resident based on conflicting testimony regarding the accidental discharge of a rifle during the scuffle and is also entitled to qualified immunity.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: March 26, 2024, Case #: 1:20cv104, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Brown reaffirms a jury’s verdict that found in favor of a Suffolk County resident on his claim for malicious prosecution against a county police officer, but finds the $600,000 award in damages to be excessive and sends the case back to trial on the issue of damages unless the parties agree to a reduced award of $233,100. Lastly, the court finds the jury’s verdict against Suffolk County was not supported by the evidence and vacates the judgment.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: March 26, 2024, Case #: 2:16cv4164, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Damages, Police Misconduct
J. Hall dismisses a complaint against New York’s education department challenging its decision to revoke an impartial hearing officer’s certification after finding she had committed plagiarism and improperly advocated on behalf of a party in one of her cases. Her due process claim fails because she did not file a petition in state court appealing the decision as required, and her equal protection claim fails because she does not specify any comparators which would suggest she was singled out on the basis of her race.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 26, 2024, Case #: 1:23cv2361, NOS: Other Civil Rights - Civil Rights, Categories: Education, Due Process, Equal Protection
[Consolidated.] J. Randolph vacates the National Labor Relations Board's decision a produce company committed two unfair labor practices during "two brief workplace incidents." The board did not have substantial evidence to "support a reasonable inference that something nefarious was afoot." Vacated.cv
Court: DC Circuit, Judge: Randolph, Filed On: March 26, 2024, Case #: 23-1100, Categories: Administrative Law, Labor / Unions
J. Riedmann finds the county court properly dismissed the land sellers' conversion, contract and related claims with prejudice. The seller's causes of action are barred by the statute of limitations. Furthermore, the discovery rule does not apply to breach of contract or conversion claims, and they failed to particularly allege fraudulent concealment. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: March 26, 2024, Case #: A-23-353, Categories: Agriculture, Fraud, Property
J. Higginbotham finds the district court improperly found for a school district on a hearing-impaired student's allegations it failed to properly accommodate her with interpretation services, as required by the Americans with Disabilities Act. The district court misinterpreted the guiding case law, essentially discharging the school district's duties under the ADA without judicial review. The ADA claim is not precluded by proceedings before the Texas Education Agency, and the cited case shows she was not required to exhaust her Individuals with Disabilities Education Act claim in order to pursue her separate ADA claim. Vacated.
Court: 5th Circuit, Judge: Higginbotham , Filed On: March 26, 2024, Case #: 22-50854, Categories: Civil Rights, Education
J. Frank grants the knee implant makers' motions to exclude expert testimony and for summary judgment in the implant recipient's suit alleging that her knee replacement loosened after implantation. The expert's opinion that the particular implant used is especially prone to debonding exhibits "several red flags" regarding her methodology, and at the time of implantation, no knee devices were on the market with the features the expert cites as necessary to prevent debonding. Since the implant recipient's claims regarding the device rely on the now-excluded expert testimony, those claims cannot survive summary judgment.
Court: USDC Minnesota, Judge: Frank, Filed On: March 26, 2024, Case #: 0:22cv331, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts
Per curiam, the circuit finds the district court properly awarded summary judgment to the medical device manufacturer. The surgeon placed the device on the patient's spine to repair the membrane protecting the spinal cord. After a second surgery to find the origin of the patient's ensuing headaches, the surgeon discovered the device had disintegrated. The patient has not identified any specific way in which the product deviated from its design. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 26, 2024, Case #: 23-50274, Categories: Product Liability, Medical Malpractice
J. Howard grants the employer's motion for summary judgment on the employee's four remaining claims in his employment-discrimination suit, alleging race, sex and color discrimination under Title VII of the Civil Rights Act and retaliation. The employee failed to timely exhaust his administrative remedies for all of these claims. A motion for sanctions brought by the employee is denied, but his motions for judicial notice and clarification are partially granted.
Court: USDC Middle District of Florida, Judge: Howard, Filed On: March 26, 2024, Case #: 3:20cv905, NOS: Employment - Civil Rights, Categories: Employment, Sanctions, Employment Discrimination
J. Jung denies the Department of Corrections food service provider's motion to dismiss the diabetic inmate's suit alleging that it has consistently failed to provide diabetic inmates with timely, adequate meals. The inmate has adequately pleaded that the alleged failure to provide meals constitutes deliberate indifference to a serious medical need, and while he has not stated sufficient facts to show that the food service provider has a policy of serving diabetic inmates late, he has pleaded sufficient facts to support the allegation that the meals are calorically and nutritionally deficient. Finally, the prisoner's amended complaint states facts showing the personal involvement of a staff member who responded to the prisoner's grievances in these alleged violations, reviving previously-dismissed claims against that staff member, though the prisoner is cautioned that failure to prove those allegations may result in sanctions.
Court: USDC Middle District of Florida, Judge: Jung, Filed On: March 26, 2024, Case #: 8:23cv26, NOS: Prison Condition - Habeas Corpus, Categories: Civil Rights, Prisoners' Rights
J. Tuite denies the insured's motion for attorneys' fees in the insurers' action against her seeking a judgment regarding their respective liability, if any, stemming from a crash with an underinsured motorist. This court lacks jurisdiction to enter the requested fee award, having already dismissed the instant case.
Court: USDC Middle District of Florida, Judge: Tuite, Filed On: March 26, 2024, Case #: 8:22cv1750, NOS: Insurance - Contract, Categories: Insurance, Attorney Fees
J. Gibbons finds the lower court properly enforced the subpoena filed by the Equal Employment Opportunity Commission. Although the notice was sent to the employer's legal counsel and uploaded to the EEOC's online portal, the employer had accepted service of previous subpoenas in this fashion and cannot claim it was not properly served. Additionally, the improper reply date on the subpoena was merely a scrivener's error that did not render the entire document defective and allowed the court to enforce the subpoena. Affirmed.
Court: 6th Circuit, Judge: Gibbons, Filed On: March 26, 2024, Case #: 23-1719, Categories: Civil Procedure, Employment, Discovery
J. Kleeh grants in part the university's and several professors' motions to dismiss a fellow Department of Public Administration professor's religious and national origin discrimination suit. In addition to 42 U.S.C.§ 1981 not affording protection against discrimination based on national origin or religion, the court grants the professors' motion in both their individual and official capacities in counts five and six of the complaint. On the similar claims in counts one and two under Title VII of the 1964 Civil Rights Act, the court grants the university's motion to strike references to the professor's 2017 denial of tenure and allegations predating Nov. 20, 2020, but denies it to strike his allegation the Department Faculty Evaluation Committee denied his promotion to full professor in 2023.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: March 26, 2024, Case #: 1:22cv153, NOS: Employment - Civil Rights, Categories: Civil Rights, Education, Employment Discrimination
J. Kugler allows plaintiffs to continue certain claims contending that in-vehicle infotainment systems failed to provide "seamless navigation" or "extra safety" as advertised. The drivers hail from six different states, and choice-of-venue determinations could directly impact the certifiability of the proposed class action. Meanwhile, plaintiffs sufficiently alleged under state law that they had been sold defective software systems without their knowledge.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 26, 2024, Case #: 1:23cv1897, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Unfair Competition, Choice Of Law, False Advertising
J. DeGravelles denies summary judgment to the Kansas City Southern Railway Company, finding a motorcyclist has adequately alleged the railroad failed to properly inspect a railroad crossing, resulting in his single-vehicle accident with injuries. According to regulations, the railroad must conduct an inspection of railroad track crossings once a month. In the motorcyclist’s case, the railroad’s own exhibits prove that on-foot inspections “never occurred.”
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: March 26, 2024, Case #: 3:20cv309, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Evidence, Jury, Transportation
J. Africk grants an unopposed request by New Orleans’ Inspector General to dismiss claims filed by the former director of the city’s juvenile detention center, who resigned amid media investigations following the OIG’s investigative report alleging long absences from work, neglect of duty and breaches of the city’s swipe-card security system. The ex-director says he was denied due process. He alleged the OIG’s report on him denied him future work opportunities and destroyed his personal business endeavors. Neither harm to the ex-director's reputation nor the consequent impairment of future business or employment opportunities qualifies as a constitutionally cognizable injury.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: March 26, 2024, Case #: 2:23cv6607, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government, Immunity