170 results for 'filedAt:"2023-06-22"'.
J. Higginbotham finds the district court improperly dismissed this suit arising from alleged violations of the Rehabilitation Act and the Americans with Disabilities Act. A school employee assigned to accommodate the party’s minor son’s disabilities allegedly verbally harassed him and threw a trash can at him, causing injury. Certain claims were filed out of court, but the mother still had the right to file a separate action, though the court dismissed it for failure to exhaust administrative remedies. This suit was then filed and dismissed on grounds of issue preclusion. The Supreme Court recently concluded in a similar case that IDEA claims do not require administrative exhaustion “where a plaintiff brings a suit under another federal law for compensatory damages.” Vacated and remanded.
Court: 5th Circuit, Judge: Higginbotham, Filed On: June 22, 2023, Case #: 22-50295, Categories: Civil Rights, Education, Due Process
J. Kirsch finds that the lower court properly found for the Justice Department, upholding its refusal to allow the hospital to depose a DEA agent and federal prosecutor in the hospital's state court case against an employee who allegedly failed to disclose he was under federal investigation in violation of his employment agreement. The Department reasonably determined that complying with the hospital's request was not a good use of agency resources. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: June 22, 2023, Case #: 22-3009, Categories: Employment, Agency
J. Reynolds Fitzgerald finds that the lower court properly dismissed claims contending plaintiff slipped and fell while playing racquetball at a club because plaintiff did not cite online articles and blogs in contending the accident had been caused by dust on the playing surface until the club moved for summary judgment, and the claim was meritless in the face of testimony from experts and other players. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: June 22, 2023, Case #: 535034, Categories: Civil Procedure, Tort, Experts
J. Pearce finds that the Supreme Court lacks jurisdiction to review non-final decisions by the Public Service Commission about how to calculate the export credit rate it applies to the excess power generated by utility customers' solar panels. However, the Commission's decision to have the credits expire annually is final and reviewable. Utility customers who generate more electricity than they consume may be treated differently than other ratepayers, and the annual expiration of credits is supported by substantial evidence that allowing the credits to roll over each year would encourage customers to buy excess generating capacity in order to sell more power to the utilities. Affirmed.
Court: Utah Supreme Court, Judge: Pearce, Filed On: June 22, 2023, Case #: 20210041, Categories: Administrative Law, Energy
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J. Lynch finds that the district court improperly found for telecommunications giant DirecTV by holding that indemnification did not apply to unpaid license fees in India that predate the spinoff of a subsidiary provider in an asset-purchase deal. Under the plain terms of the agreement, the assessments constituted "taxes," and a decade-long court battle concerning such constituted a "proceeding."
Court: 2nd Circuit, Judge: Lynch, Filed On: June 22, 2023, Case #: 21-3013-cv, Categories: Civil Procedure, Indemnification, Contract
J. Rothstein denies the protester's motion for a preliminary injunction to bar the city from enforcing the city ordinance under which he was arrested during the annual Seattle PrideFest at the Seattle Center, where he read aloud from a Bible for at least two hours and refused to leave to a safer distance. Freedom of speech is not a "right without responsibility," and while the protester's speech is protected and the city's streets and parks are public forums, the city's police removed the protester because of the increased likelihood of violence or physical altercations between the protester and PrideFest attendees.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: June 22, 2023, Case #: 2:23cv352, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Lgbtq, First Amendment
J. Taylor denies the contractor’s appeal of the contracting officer’s termination for cause of the firm-fixed price commercial items contract to purchase four portable restroom trailers for delivery to Guantanamo Bay. The contract was initially void due to the contractor’s material misrepresentation of the product when making its bid. The Board has no jurisdiction as there is no contract under the Contract Disputes Act.
Court: Armed Services Board Of Contract Appeals, Judge: Taylor, Filed On: June 22, 2023, Case #: 63508, Categories: Government, Military, Contract
J. Aarons finds that the workers' compensation board improperly set the date on which claimant voluntarily removed himself from the labor market after he sustained knee injuries by slipping on a ladder, as while the insurance carrier raised the issue at a particular hearing, claimant addressed it at a hearing a month later. Thus, claimant's indemnity benefits for the intervening weeks should not have been rescinded, and post-surgery eligibility following surgery on one knee should be addressed on remittal. Reversed in part.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: June 22, 2023, Case #: 535098, Categories: Civil Procedure, Workers' Compensation
J. Egan finds that the lower court properly dismissed injury claims brought after a short term renter was knocked to the ground when a dog charged at her because the renter failed to show that the dog's owner or the property owners were aware the animal had "vicious propensities" before the incident. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: June 22, 2023, Case #: 535270, Categories: Tort
J. Chasanow grants a group of corporations that own and operate an elder care center’s motion for leave to amend its first complaint after a buyer, who had entered a sales agreement, stated it could not timely pay the entire $28.2 million to purchase the group’s center and property. Because the group’s amended complaint includes additional factual claims against the buyer, it is allowed to proceed.
Court: USDC Maryland, Judge: Chasanow, Filed On: June 22, 2023, Case #: 8:23cv574, NOS: Other Contract - Contract, Categories: Property, Contract
[Consolidated.] J. Smith withdraws the court's prior opinion and substitutes the current opinion, holding that the lower court properly entered a final order in a suit affecting the parent-child relationship and properly entered a protective order against the mother. The mother fails to establish her argument that the orders are "structurally defective." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 22, 2023, Case #: 05-21-00242-CV, Categories: Civil Procedure, Family Law
J. Land partially grants the manufacturer's motion to exclude expert testimony from a professor and a urogynecologist in a product liability and fraud action brought by the individual arising from injuries she suffered when she was implanted with the manufacturer's Obtryx transobturator midurethral sling device. However, the professor may offer opinions about clinical complications caused by the degradation of materials and the urogynecologist may offer some opinions including on whether the individual had pudendal neuralgia and whether polypropylene mesh can degrade in the human body. The manufacturer's motion for summary judgment is granted as to the individual's fraud claims but denied as to the failure to warn and punitive damages claims. The individual's motion for partial summary judgment is also partially granted.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 22, 2023, Case #: 4:22cv21, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Fraud, Product Liability, Experts
J. Seitz finds that the state may hold Monsanto liable for PCB contamination of directly owned public lands but cannot hold Monsanto liable for trespass upon land owned through public trusts. The trial court properly dismissed standalone unjust enrichment claims, but on remand, the state may link that claim as a remedy under public nuisance and trespass.
Court: Delaware Supreme Court, Judge: Seitz, Filed On: June 22, 2023, Case #: 279, 2022, Categories: Civil Procedure, Property, Jurisdiction