174 results for 'filedAt:"2023-07-12"'.
J. Wilson finds the district court improperly granted summary judgment to the window blinds installation company in this suit brought by installers alleging that they were not paid overtime. Though the employer has identified certain weeks when each installer did not work overtime, it has not offered summary judgment evidence demonstrating that there was no unpaid overtime worked. The Fifth Circuit declines to reach the question of whether the installers were employees or independent contractors and remands the issue to the district court. Reversed and remanded.
Court: 5th Circuit, Judge: Wilson, Filed On: July 12, 2023, Case #: 22-20095, Categories: Civil Rights, Employment, Labor
J. Shorr finds the Land Use Board of Appeals erred in affirming the city’s of Eugene’s determination that its comprehensive plan and code amendments complied with Goal 11 of the Statewide Land-Use Planning Goals. “LUBA erred when it affirmed the city’s conclusion that it did not have to consider the impact of the amendments to the Eugene Code and Metro Plan on its provision of public facilities and services at the time it adopted them.” Reversed.
Court: Oregon Court of Appeals, Judge: Short, Filed On: July 12, 2023, Case #: A180682, Categories: Property
J. Copenhaver grants in part and denies in part the motions of a former Wood County sheriff, the county commission and the prosecuting attorney to dismiss the respective claims alleged in a deputy sheriff’s suit for sexual discrimination and retaliation. The court dismisses the deputy sheriff’s Title VII claims against the prosecutor, former sheriffs and the commission in part because she failed to exhaust her administrative remedies when she failed to name them in her complaint with the Equal Opportunity Employment Commission. Finding she has alleged sufficient facts to satisfy all the required elements, the court rules the deputy’s suit may continue against not only the former sheriff on the grounds he created a hostile work environment, but also against him and the commission on a “discrete retaliation” claim because they allegedly acted in concert with the prosecutor to damage her reputation by placing her name on a “bad cop list.”
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: July 12, 2023, Case #: 2:22cv388, NOS: Employment - Civil Rights, Categories: Civil Rights, Immunity, Employment Retaliation
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J. Lin grants the joint labor-management employee-benefit trusts' request for $190,400 in unpaid contributions for the July 2022 through December 2022 delinquent period, which arises from the trusts' claim that the concrete contractor refused to report for and pay monthly contributions between October 2021 and June 2022. The trusts provide evidence that the concrete contractor owed these contributions, and there is no evidence that the concrete contractor lacked notice of the trusts' intent to sue or that it was otherwise misled about the situation.
Court: USDC Western District of Washington, Judge: Lin, Filed On: July 12, 2023, Case #: 2:22cv1541, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Evidence
J. Lioi grants the employer's motion for summary judgment in a disability discrimination action, ruling that even though the pipefitter claims he never took his prescription opioids during shifts at the nuclear power plant, possible side effects from the drugs rendered him unfit for duty and gave the employer a legitimate reason to revoke his unescorted access authorization. Additionally, the authorization was a job requirement and so the pipefitter cannot establish a discrimination claim, as he was no longer qualified for his position at the time of his termination.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: July 12, 2023, Case #: 5:22cv2216, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
[Modified.] J. Hull modifies a short-term rental opinion and denies a petition for rehearing with no change in judgment. The trial court, which rejected a challenge to a city measure that prohibits short-term rentals in parts of South Lake Tahoe, properly found that property owners did not have vested property rights in short-term rental permits. However, resident property owners sufficiently pleaded that the measure facially discriminates against interstate commerce, so the trial court must determine if the city can show that a carve-out that allows residents to rent out their homes for 30 days per year cannot be adequately satisfied by nondiscriminatory alternatives. Reversed in part.
Court: California Courts Of Appeal, Judge: Hull, Filed On: July 12, 2023, Case #: C093603, Categories: Municipal Law, Zoning, Housing
J. Fader disagrees with the lower court’s decision to award summary judgment to Comcast, which challenged a new state tax law on digital advertising gross revenues as unconstitutional. However, because Comcast has not exhausted its administrative remedies under the new law, the lower court lacks jurisdiction over the declaratory judgment and should have dismissed it instead. Remanded.
Court: Supreme Court of Maryland, Judge: Fader, Filed On: July 12, 2023, Case #: C-02-CV-21-000509, Categories: Administrative Law, Tax, Jurisdiction
J. McConnell finds that the trial court properly denied a city writ relief in the city's challenge to a utility district's plan to build a solar project. A five-year delay between the city's complaint and its assertion that the project is ineligible for the state renewable energy self-generation bill credit transfer program supports the determination that laches bar the claim. And the city failed to prove the project is outside the utility district's geographical boundary. Also, substantial evidence supported the utility district's no-feasible-alternative determination. Affirmed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: July 12, 2023, Case #: D079956, Categories: Energy, Environment, Zoning
J. Hicks denies a request by the corporate owner of three Louisiana television stations to dismiss it from a contracts suit on the jurisdictional argument its corporate “home” is in the capitol city Baton Rouge, and therefore cannot be considered “at home” in the Western District of Louisiana. Because the test for jurisdiction is a statewide analysis, the TV station owner is subject to Western District of Louisiana jurisdiction based on statements in its own brief that it is considered “at home” in Louisiana, the forum state.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: July 12, 2023, Case #: 5:21cv4212, NOS: Other Contract - Contract, Categories: Jurisdiction, Venue, Contract
Per curiam, the Supreme Court of Ohio finds the lower court was not required to take judicial notice of documents attached to the mother's petition for a writ of prohibition in a custody case, as none of the attachments were authenticated or properly submitted to the court. As a result, there was no evidence to support the mother's petition to prevent the award of custody of her child to her father, and the court properly denied her petition. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 12, 2023, Case #: 2023-Ohio-2344, Categories: Family Law, Jurisdiction
J. Marks remands an individual's negligence action against a freight hauler arising from a vehicle accident in which a tractor-trailer rear-ended a car, killing all eight minors in the vehicle. The negligent hiring and vicarious liability state law claims are not preempted by the Federal Aviation Administration Authorization Act and, therefore, the district court lacks federal-question jurisdiction.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: July 12, 2023, Case #: 2:23cv103, NOS: Commerce - Other Suits, Categories: Vehicle, Negligence, Jurisdiction
J. Scudder finds that the lower court improperly dismissed a student class action over the cancellation of in-person classes during the Covid-19 pandemic. Evidence presented by the students, including course catalogs, the class registration system, and pre-pandemic practices, can all suffice under Illinois law to allege the existence of an implied contract between a university and its students for in-person instruction. Reversed.
Court: 7th Circuit, Judge: Scudder, Filed On: July 12, 2023, Case #: 21-2988, Categories: Education, Covid-19, Class Action
J. Du grants the county’s motion to dismiss the short-term vacation rental property owner and operator’s suit alleging that his property was wrongly made subject to new permit regulations for parking, noise, trash and occupancy, as well as defining unpermitted properties as a public nuisance. The county is not a “person” under the relevant statute, and though the county’s order to cancel bookings and remove property listings was disruptive, the action doesn’t amount to a substantial impairment under the contracts clauses of the U.S. and Nevada constitutions.
Court: USDC Nevada, Judge: Du, Filed On: July 12, 2023, Case #: 3:23cv29, NOS: All Other Real Property - Real Property, Categories: Constitution, Property, Contract
J. Liman finds that the employee's award of $6.25 million for injuries sustained when a steel frame walkway fell on him shall be reduced to $2 million, as the jury's award was excessive, and its award of $250,000 in economic damages was unduly speculative.
Court: USDC Southern District of New York, Judge: Liman, Filed On: July 12, 2023, Case #: 1:20cv10782, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Tort, Damages
J. Golemon finds the trial court properly convicted defendant for capitally murdering multiple people, sentencing him to life in prison. Witnesses who were in the neighborhood at the time of the murders testified to overhearing arguments about drugs, hearing gunshots and seeing defendant with a gun. A patrol officer was in the area when he heard gunshots and logged the plates of a silver car containing two people leaving the residence where the murders occurred. He entered the residence to find multiple bodies. All evidence supports conviction, and though defendant says the court erred by not including presumptive language of self-defense in the jury charge, his defense counsel had informed the court that it was a strategic decision to not ask for the presumption language. Defendant has forfeited his right to complain of this on appeal. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: July 12, 2023, Case #: 09-22-00140-CR, Categories: Drug Offender, Murder, Jury Instructions
J. Pepper orders the employee to file an amended complaint satisfying court requirements and more clearly explaining her claims against the containers company, which seem to allege she was subjected to a hostile work environment and retaliated against for complaining about discrimination employees of color faced at work, particularly in terms of being assigned to lesser tasks. The employee's motion to appoint counsel is denied without prejudice, in part because she has not proven she made reasonable efforts to find a lawyer, and her motion to proceed without prepaying the filing fee is granted.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: July 12, 2023, Case #: 2:23cv86, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination
[Consolidated.] J. Horton finds the trial court properly convicted defendant for evading arrest or detention with a prior conviction and burglarizing a habitation while intending to commit aggravated assault. The record does not support defendant’s claim that he asked the trial court to allow his attorney to withdraw, and the clerk’s record does not show that any post-judgment motions were filed to overturn either judgment in the consolidated cases. Defendant’s trial counsel has found no reversible error or arguable grounds for reversal and the appeal is considered frivolous. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: July 12, 2023, Case #: 09-21-00356-CR, Categories: Burglary, Assault, Escape
Per curiam, the Fifth Circuit finds the district court properly granted the city of Houston’s motion to dismiss the Texas inmate’s excessive force suit in part, while granting its motion for summary judgment. The inmate was arrested for the assault of two officers during a traffic stop made on suspicion of outstanding warrants. The inmate fails to explain how a more liberal reading of his filings would have made his claims plausible enough to overcome dismissal. He makes only conclusory allegations as to the officers' conduct without asserting any legal arguments or support. He presents only previous rulings made against him by the judge, showing no extrajudicial source of bias, as a basis for his motion to recuse. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 12, 2023, Case #: 21-20281, Categories: Civil Rights, Police Misconduct, Prisoners' Rights