269 results for 'filedAt:"2024-03-28"'.
J. Kendall grants an elevator mechanic union’s motion for summary judgment on a union member’s claims against it. The union member claims the union actively sabotaged his attempt to win his job back from his former employer, and protected the discriminatory behavior by his former employer that resulted in his termination. The court finds that all available evidence points to the union making a good faith effort to help its member, despite his claims to the contrary.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: March 28, 2024, Case #: 1:20cv7696, NOS: Labor/Management Relations - Labor, Categories: Employment Discrimination, Labor / Unions, Labor
J. Powers finds that the lower court properly altered the custody arrangement in which a divorced couple shared legal and physical custody of their children to grant the father primary physical custody of his two children because the mother failed to counter evidence of neglect. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: March 28, 2024, Case #: CV-23-0413, Categories: Family Law
J. Pennell finds that the lower court properly upheld a bench warrant against a minor for complying with the terms of her supervision following an assault conviction. While the warrant did conflict with a related state statute, it was proper under the terms of the Juvenile Justice Act, which legal precedent says take priority. Affirmed.
Court: Washington Court Of Appeals, Judge: Pennell, Filed On: March 28, 2024, Case #: 39113-2-III, Categories: Juvenile Law, Assault
J. Stephens finds that the lower court improperly reversed defendant's murder conviction. The lower court found that because the state wrongfully delayed bringing charges against defendant, the resulting loss of key witness testimony violated defendant's due process rights. While the state was negligent in its delay, there is no proof that that defendant suffered any prejudice from the loss of witness testimony. Reversed.
Court: Washington Supreme Court, Judge: Stephens, Filed On: March 28, 2024, Case #: 101502-0, Categories: Murder, Speedy Trial, Due Process
J. Nelson dismisses the investment firm's complaint alleging that the construction company did not repair the restaurant before its owner's insurance coverage ended, which was a key part of the contract. This complaint is barred because the investment firm amended its complaint with issues concerning who it was suing.
Court: USDC Oregon, Judge: Nelson, Filed On: March 28, 2024, Case #: 3:23cv1584, NOS: Other Contract - Contract, Categories: Property, Contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Scullin enters judgment in favor of a local Honda dealership on a female accountant’s disability discrimination claims while preserving her claims for sex-based hostile work environment, retaliation and punitive damages, finding a reasonable jury could conclude she was subjected to sexual harassment in the workplace, her employer was put on notice regarding the behavior and her termination was in retaliation for those complaints.
Court: USDC Northern District of New York, Judge: Scullin, Filed On: March 28, 2024, Case #: 6:21cv43, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Aiken denies the insurance company partial summary judgment against the insureds' complaint alleging that the insurance company did not pay for covered losses such as the insulation remediation in the attic and underflooring of the insureds' home, which suffered smoke damage from wildfires in the Detroit, Oregon area. At this point, a reasonable juror could conclude that the insurance company sent an adjuster that negligently overlooked the damage in the attic and the underfloor area.
Court: USDC Oregon, Judge: Aiken, Filed On: March 28, 2024, Case #: 6:22cv1798, NOS: Insurance - Contract, Categories: Insurance, Property, Contract
J. Horton finds the trial court properly entered a take-nothing judgment in a car collision case. The driver and passenger who were rear-ended say the court improperly imposed a "death penalty" sanction, excluding deposition testimony of their surgeon for their attorney’s failure to comply with the evidence scheduling order. The driver and passenger have not attached any part of the doctor's testimony to their motion for new trial, and the trial court properly enforced its scheduling order. The injured party was given the opportunity to develop a record sufficient to show no other evidence could tie the driver's surgery to the collision. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: March 28, 2024, Case #: 09-22-00001-CV, Categories: Evidence, Sanctions, Vehicle
J. Fox finds the lower court erroneously denied the election commission's request to require the political advocacy group to disclose contributions and expenditures. The group's "major purpose" was the support or opposition to three ballot issues and Colorado election law does not limit the scope of the commission's inquiry to a single issue. The commission was entitled under Colorado law to consider the aggregate spending of the advocacy group, which existed entirely of the ballots issues and subjected its finances to disclosure. Reversed.
Court: Colorado Supreme Court, Judge: Fox, Filed On: March 28, 2024, Case #: 2024COA31, Categories: Elections, Evidence
J. Pellegrino finds the lower court properly granted the insurer's motion for summary judgment on property damage claims brought by the Native American casino for its closure during the Covid-19 pandemic. It made no allegations of physical property damage that would have been covered under its insurance policy, while the virus was also considered contamination excluded from coverage. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Pellegrino, Filed On: March 28, 2024, Case #: AC45600, Categories: Insurance, Native Americans, Covid-19
J. Webb finds the circuit court properly found in favor of the state of Arkansas on constitutional claims filed by an involuntarily civilly committed psychiatric patient who was found to be in possession of a firearm during a traffic stop. His commitment was based on his dangerous and reckless use of a firearm. In Arkansas, only felons convicted of non-gun-related and nonviolent crimes may have their gun rights restored. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: March 28, 2024, Case #: CV-23-349, Categories: Constitution, Health Care, Firearms
[Consolidated.] J. Moore grants the National Labor Relations Board's motion to enforce an order requiring the employer to provide back pay to two employees fired after they supported unionization efforts, ruling both employees made concerted efforts to reenter the workforce after they lost their jobs, which prevents a reduction of their damages. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: March 28, 2024, Case #: 23-1632, Categories: Evidence, Damages, Labor / Unions
J. Gibbons finds the lower court properly denied the police officers' motion for qualified immunity on unreasonable seizure claims brought by the detained individual. Dashcam evidence of the traffic stop shows the driver most likely did not commit the infractions claimed by the officers, which would allow a reasonable juror to conclude the stop was unconstitutional. However, because one of the detainees was verbally abusive toward the officers and attempted to free his arm while turning away from one of the officers, it was objectively reasonable for the officer to take him to the ground and the lower court should have granted immunity on that excessive force claim. Affirmed in part.
Court: 6th Circuit, Judge: Gibbons, Filed On: March 28, 2024, Case #: 22-2038, Categories: Civil Rights, Evidence, Immunity
J. Bell finds the trial court improperly convicted defendant for possession of a visual depiction of sexual conduct of a person under 16. The court wrongly denied defendant's motion to suppress cell phone evidence. The warrant did not cover the search of defendant's person, and exigent circumstances did not justify the forensic search of the cell phone. Reversed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: March 28, 2024, Case #: 86156, Categories: Search, Sex Offender, Child Pornography
J. Stiglich grants defendant's petition for mandamus. Defendant pleaded guilty to attempted burglary and was sentenced to probation, but now seeks mandamus to compel the court to set aside the conviction after he completed substance abuse treatment. Relevant statute removes judicial discretion in cases where a defendant fulfills probation conditions for a drug court program.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 28, 2024, Case #: 86982, Categories: Burglary, Drug Offender, Probation
J. O'Hearn allows plaintiff to continue claims contending a sales representative for a solar company failed to disclose a financing agreement in relation to solar panel installation because the purported "welcome call" recording has not been authenticated. However, evidence does not support identity theft claims, and that the company sent documents to the wrong email address did not indicate an effort to commit fraud and forgery.
Court: USDC New Jersey, Judge: O'Hearn , Filed On: March 28, 2024, Case #: 1:23cv2623, NOS: Consumer Credit - Other Suits, Categories: Fraud, Consumer Law
J. Worthen finds the trial court properly found for a water district. The property owner declined the district's offer to purchase an easement across a portion of their property containing a water well and the district then filed a condemnation petition. After the owner declined to respond for more than three years, the trial court granted summary judgment to the district, vesting it with the property rights, and awarding the owner $29,000. The owner made no objection at trial to the alleged deficiencies in the affidavit asserting no bona fide offer was made from the county. The owner has failed to preserve the arguments about the affidavit’s defects. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: March 28, 2024, Case #: 12-23-00254-CV, Categories: Administrative Law, Property, Water
J. Clark finds that the workers' compensation board improperly held that a second grade teacher did not have a compensable psychological injury caused by the Covid-19 pandemic. Remittal is necessary because the teacher faced a disparate burden based on precedent holding that injuries caused by psychic trauma should be compensable to the same extent as physical injury, as well as precedent holding that Covid-19 may be compensable as a physical injury. She must prove the virus was so prevalent in her workplace that the elevated risk of exposure constituted an "extraordinary event" and that her particular underlying medical issues made her susceptible. Reversed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: March 28, 2024, Case #: 535958, Categories: Covid-19, Workers' Compensation
J. Hoyle finds the trial court properly convicted defendant for three counts of aggravated assault of a child, sentencing him to life in prison. Defendant makes no argument the denial of his motion for continuance would have been error. His belief the mother’s lack of testimony is the reason for the hung jury at first trial is speculation. The record indicates defendant was able to present his defensive positions the victim fabricated the sexual assault claim and that the house was under construction, thereby undermining the victim’s account. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 28, 2024, Case #: 12-23-00119-CR, Categories: Evidence, Sex Offender, Child Victims
J. Silva finds that the lower court improperly entered final judgment for the appellee in this lawsuit concerning an alleged business partnership in "construction and real estate matters." The lower court erred in ordering death penalty sanctions, as the evidence did not show that "the failure to produce discovery could be attributed to appellants." Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: March 28, 2024, Case #: 13-23-00127-CV, Categories: Civil Procedure, Sanctions
J. Hanks finds that an insurance company was not required to defend a student in a case involving the student and his friend taking LSD, after which the friend suffered a paralyzing injury. The injury occurred in the student’s parents’ home, and their homeowners’ insurance policy included an exclusion for claims arising out of the use of a controlled substance. The student did not immediately seek medical attention and moved his injured friend without neck support, possibly exacerbating the injury. The student’s failure to seek immediate medical assistance is conceivably related to his own ingestion of LSD, so the exclusion is relevant.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: March 28, 2024, Case #: 4:21cv2744, NOS: Insurance - Contract, Categories: Insurance, Indemnification
J. Hanks finds that an electric golf cart company using the name Trojan, which is registered trademark of a battery company, has infringed on the battery company’s trademark, so the court awards it over $9 million in infringer profits. The battery company has shown evidence that customers do confuse the two separate products.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: March 28, 2024, Case #: 4:21cv3075, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark, Damages