171 results for 'filedAt:"2023-07-31"'.
J. Milazzo finds a Louisiana property owner was unjustly enriched by the amount of $35,909 by refusing to pay a Texas-based company for disaster recovery on his property. To date, the property owner has paid nothing. The property owner is bound to compensate the company for work done.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: July 31, 2023, Case #: 2:22cv1948, NOS: Other Contract - Contract, Categories: Construction, Debt Collection, Contract
J. Broomes grants in part the university's summary judgment motion in this lawsuit concerning a $100 million grant from a foundation established by two brothers seeking to recognize their parents and "contribute to the advancement of a global society at peace." The foundation plaintiffs' suit asserts claims against the university for breach of contract and fraudulent inducement and seeks the return of "all payments" under the grant agreement. However, the university is entitled to summary judgment on certain contract issues, including "the quality of the March 2017 Definitive Operating Plan and Budget," as well as the timeliness of the faculty appointments. Also, the foundation's partial summary judgment motion is denied.
Court: USDC Northern District of Oklahoma , Judge: Broomes, Filed On: July 31, 2023, Case #: 4:18cv99, NOS: Other Contract - Contract, Categories: Education, Contract
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J. Rose denies the city's motions to amend the jury's verdict and for a new trial, ruling the issue of whether the detective acted outside the scope of official responsibilities when he targeted and arrested the wrongly imprisoned individual was properly submitted to the jury. Furthermore, the city also filed numerous motions regarding jury instructions on that issue, all of which were dealt with and used to craft the instructions given at the conclusion of the trial.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: July 31, 2023, Case #: 3:13cv416, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Jury
Per curiam, the circuit finds that the district court properly dismissed unfair competition and deceptive practices claims by a residential for-sale-by-owner listing service alleging Zillow's purported "free" postings for these properties actually had attached costs. Although Zillow agents became involved in facilitating the by-owner sales, which resulted in transaction costs, the listing itself was free as advertised. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: July 31, 2023, Case #: 22-2066-cv, Categories: Real Estate, Consumer Law
J. Pearson grants the city's motion for summary judgment, ruling the vehicle technician's failure to complete a dashcam installation project by a certain deadline and damage done to a police cruiser during the process gave the city a legitimate reason to fire him, regardless of his medical conditions. Although the technician was fired shortly after he was taken to the hospital for a medical emergency, none of the reasons used to support his termination had anything to do with the emergency or his conditions, and his failure to present any evidence of pretext requires dismissal of all his claims.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: July 31, 2023, Case #: 4:22cv1453, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, Employment, Evidence
J. Pechman grants summary judgment to the intelligence agency for the veteran's claim that the intelligence agency, non-listed Central Intelligence Agency, non-listed Defense Intelligence Agency and non-listed Department of Defense must turn over all records related to a 1967 incident in which Israeli forces attacked a U.S. naval intelligence ship in international waters, killing 34 and wounding 173 during the Six-Day War. The intelligence agency and others properly withheld records under the Freedom of Information Act, as the redacted information contains intelligence methods and sources, and there is an available index that allows the veteran to understand the basis of why this information is redacted.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: July 31, 2023, Case #: 2:20cv1309, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Maritime
J. Chuang grants a group of credit card debt collectors its motion to dismiss allegations of consumer protection law violations brought by a class of card owners. The class argues that the group of collectors is required by the state to be licensed in order to buy and sell debt, but legislative history and case law show that these unlicensed debt buyers are not technically “in the business of making loans” because they only extend existing credit and offer payment plans for repaying debt. Thus, they are not subject to the specified consumer protection laws.
Court: USDC Maryland, Judge: Chuang, Filed On: July 31, 2023, Case #: 8:22cv2461, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Grant finds that the district court properly ruled in favor of the Muslim inmate in a civil rights action seeking a religious exemption to a Florida Department of Corrections rule prohibiting beards longer than a half inch in length. The inmate claimed that his religious beliefs required him to grow a fist-length beard and that the policy against doing so violated the Religious Land Use and Institutionalized Persons Act. Florida's grievance procedures do not require Inmates to file a petition to initiate rulemaking to be entitled to proceed with judicial remedies. Affirmed.
Court: 11th Circuit, Judge: Grant, Filed On: July 31, 2023, Case #: 19-13745, Categories: Civil Rights, Prisoners' Rights
J. Groban finds that the appeals court erred in requiring that private universities allow students accused of intimate partner violence the opportunity to cross-examine witnesses and accusers. Private organizations must use fair procedures that include a notice of charges and a meaningful opportunity to be heard. But they have the responsibility to devise their own methods without the courts imposing fixed procedures that must be followed in every situation, and live hearings with cross-examination are not required. Reversed.
Court: California Supreme Court, Judge: Groban, Filed On: July 31, 2023, Case #: S263180, Categories: Civil Rights, Education, Due Process
J. Graves denies defendant’s request for a certificate of appealability to appeal the district court’s denial of his federal habeas corpus challenge to his capital murder conviction. The record shows that defendant concedes the court properly applied the “interest of justice” standard regarding indigent petitioners seeking substitute counsel in habeas proceedings. The court looked to the Fifth Circuit’s precedent in applying the standard for substitution of counsel to identify common circumstances in which good cause might exist, and there has been no abuse of discretion. The appeal is dismissed. The district court’s denial of substitute counsel is affirmed.
Court: 5th Circuit, Judge: Graves, Filed On: July 31, 2023, Case #: 22-70002, Categories: Habeas, Murder, Due Process
J. Higginson finds the trial court properly entered judgment in favor of Liberty Mutual in this insurance dispute brought by the car-auction company alleging that Liberty must defend it in a South Carolina lawsuit. That lawsuit alleges that vehicle storage has damaged adjacent properties. That certain of the property owners’ alleged damages are caused by pollutants is clear, and an unambiguous policy “pollution exclusion” applies. If evidence shows that “cloudy water” was caused only by sand and sediment, then the pollution exclusion may not apply and Liberty may still be obligated to indemnify. Affirmed in part. Reversed in part and remanded.
Court: 5th Circuit, Judge: Higginson, Filed On: July 31, 2023, Case #: 21-10938, Categories: Insurance, Property, Tort
J. Murguia finds that the district court properly dismissed a medical provider's complaint alleging that its insurer, Fireman’s Fund Insurance Company, improperly denied coverage for losses it sustained because of the Covid-19 pandemic. The matter was dismissed for failure to state a claim. Affirmed.
Court: 9th Circuit, Judge: Murguia, Filed On: July 31, 2023, Case #: 22-35047, Categories: Insurance, Covid-19
J. Sutton finds thae "Shared Responsibility Payment" of the Affordable Care Act amounts to a tax under federal law and, therefore, the bankruptcy panel properly determined the federal government could recoup the debt during the debtor's bankruptcy proceedings. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: July 31, 2023, Case #: 22-3312, Categories: Bankruptcy, Health Care, Tax
J. Rodriguez partially grants a motion by a civil rights group to compel the production of documents in a massive and ongoing legal dispute centered on the legal and constitutional validity of SB 1, a sweeping election security bill passed by the Texas legislature in 2021. While Texas may withhold some of the requested documents, in the case of others they have improperly asserted privilege or have already waived that privilege — for example, by sharing requested documents with third parties.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: July 31, 2023, Case #: 5:21cv844, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections, Discovery
Per curiam, the appeals court finds the trial court properly denied defendant’s motion for postconviction scientific testing on his conviction for aggravated sexual assault of a child and sentence of 51 years in prison. The state has no physical evidence subject to DNA testing. There was no physical evidence admitted at trial, and defendant was convicted upon witness testimony, medical records and expert opinion related to the medical records. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: July 31, 2023, Case #: 12-22-00275-CR, Categories: Evidence, Sex Offender, Child Victims