197 results for 'filedAt:"2023-08-24"'.
J. Harpool finds for the university in a First Amendment suit filed by a vegetarian activist against a university regulation providing that non-university affiliates get written permission before using university grounds or be deemed guilty of trespass. There is no evidence that anyone every applied this regulation to the activist's leafletting activities. Despite several run-ins with the university administration, he continues to distribute his pamphlets without anyone deeming him to be trespassing.
Court: USDC Western District of Missouri, Judge: Harpool, Filed On: August 24, 2023, Case #: 2:20cv4239, NOS: Other Civil Rights - Civil Rights, Categories: Education, Property, First Amendment
J. Haight grants the class's motion for more than $139,000 in attorney fees, ruling its status as the prevailing party entitles it to fees under the Individuals with Disabilities Education Act, while the hourly rates and work hours submitted by the attorneys are reasonable, given their experience and the complexity of the litigation.
Court: USDC Connecticut, Judge: Haight, Filed On: August 24, 2023, Case #: 3:16cv1197, NOS: Education - Civil Rights, Categories: Education, Attorney Fees, Class Action
[Consolidated.] J. Deahl finds the superior court improperly vacated a historic preservation board's decision to define a Scottish Rite Temple's boundaries as occupying only the area of its taxation lot, rather than the entire block where it is located. The boundaries had never been established and the decision was supported by substantial evidence. Reversed.
Court: DC Court of Appeals, Judge: Deahl , Filed On: August 24, 2023, Case #: 22-CV-0884 , Categories: Administrative Law, Property, Real Estate
Per curiam, the appellate division finds that the lower court properly found for the hospital in a trip and fall suit filed by a nurse's aide who fell when her foot because caught in a cord attached to a patient's bed. Cords attached to the mattress were open and obvious and not inherently dangerous as a matter of law. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: 04360, Categories: Tort
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Per curiam, the appellate division finds that the lower court properly denied the homeowner's motion to toll interest running on his mortgage based on the bank's delays in prosecuting this foreclosure action. The delay was due in part to settlement negotiations in which both parties participated. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: 04413, Categories: Foreclosure
J. Chambers denies, in part, the state of West Virginia's motion to dismiss the drug manufacturer's suit challenging the constitutionality of the Unborn Child Protection Act on the grounds the 2022 law restricts the sale of mifepristone, the first in a two-step abortion medication regime. The risk evaluation and mitigation strategy promulgated by the Food and Drug Administration on mifepristone preempts the Act on restricting its prescription via telemedicine.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: August 24, 2023, Case #: 3:23cv58, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Constitution, Health Care
J. Contreras finds that the lower court improperly granted the county defendant's plea to the jurisdiction in this lawsuit arising from an automobile accident. The plaintiff driver sufficiently created a fact issue as to whether the department "received actual notice" of his claim. Reversed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: August 24, 2023, Case #: 13-23-00077-CV, Categories: Tort, Jurisdiction
Per curiam, the Kentucky Supreme Court finds that attorney David Cohen should be suspended for three years for accepting cash fees without disclosing clients or fees to his firm, submitting fraudulent expense reports, and writing checks to himself in which he forged the managing partner's signature.
Court: Kentucky Supreme Court, Judge: Per curiam, Filed On: August 24, 2023, Case #: 2023-SC-0203-KB, Categories: Attorney Discipline
J. Haynes finds the district court improperly found in favor of the former Air Force cadet who was caught recording females using the toilet. The former cadet brought civil rights claims against the DPS, saying that he had not committed a registrable sex offense. The district court concluded that the state could not require registration under Texas law without determining that state registration was unconstitutional. The relief invalidated only federal law and prohibited the state from enforcing a state law as being consistent with that federal law. Such unusual relief falls outside the parameters of guiding case law. Vacated and remanded.
Court: 5th Circuit, Judge: Haynes, Filed On: August 24, 2023, Case #: 22-50434, Categories: Constitution, Sex Offender
J. Gallagher partially denies Prince George's County its motion to dismiss allegations of ADA violations brought by a former police officer. The officer, a Black man with diagnoses of PTSD, ADHD and high blood pressure, alleges he was called a "thug" by a major, who then allegedly asked a lieutenant if the officer had "problems working with white people." The major ordered the officer to get a behavioral health analysis and then the department suspended him, supposedly for medical reasons. Based on these allegations, the officer has sufficiently pleaded his ADA claims.
Court: USDC Maryland, Judge: Gallagher, Filed On: August 24, 2023, Case #: 8:21cv2528, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Zainey grants a request by Uber and the estate of a college student to stay a wrongful death suit against the rideshare company and its driver, pending arbitration of claims arising from a traffic accident after he picked up the student from a Mardi Gras weekend parade route in February 2022. If the claims against Uber are not resolved by arbitration, the case will be reopened upon request by any litigant.
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: August 24, 2023, Case #: 2:23cv1533, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Arbitration, Transportation, Wrongful Death
J. Robinson finds that the district court improperly dismissed claims in which plaintiff contends her employer caused potential injury when a data hack exposed her personal information. The prospect of identity theft was sufficiently concrete to constitute injury in fact, and by pleading such injury, plaintiff plausibly established a claim for relief through damages. Reversed.
Court: 2nd Circuit, Judge: Robinson, Filed On: August 24, 2023, Case #: 22-319, Categories: Damages, Privacy, Class Action
J. Cadish finds the trial court properly found a deed of trust continues to encumber the real property at issue. The loan secured by the real property would not become wholly due when a notice of default is recorded as to the secured loan. A notice of default is not identified by statute as a document rendering a secured loan wholly due for purposes of triggering the statute's 10-year time frame, and Nevada law requires a cure period following a notice of default before acceleration of the entire outstanding debt. The notice's purported acceleration language was also not sufficiently clear. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: August 24, 2023, Case #: 84174, Categories: Debt Collection, Property, Banking / Lending
J. Hillman rules against an autistic student and parents in claims contending the school board failed to perform proper auditory processing evaluations and failed to provide an adequate education. Summary judgment is premature because adequate discovery has not yet occurred, and the administrative law judge found that the student had undergone numerous evaluations since being found eligible for special services.
Court: USDC New Jersey, Judge: Hillman , Filed On: August 24, 2023, Case #: 1:20cv9498, NOS: Education - Civil Rights, Categories: Education, Discovery
Per curiam, the appellate division finds that attorney Allison Dundas may be reinstated following her May 2019 suspension for failing to meet attorney registration requirements because Dundas complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: PM-193-23, Categories: Attorney Discipline
J. Rodriguez grants AT&T its motion to compel arbitration following allegations of breach of contract, invasion of privacy and negligence brought by a class of customers. After a data breach of over 9 million customer accounts in March of this year, the class asserts that any agreement between itself and AT&T is unenforceable based on the company’s unconscionable actions. However, because the arbitration agreement that the class signed covers “all disputes and claims,” the class is subject to arbitration.
Court: USDC Western District of North Carolina, Judge: Rodriguez, Filed On: August 24, 2023, Case #: 5:23cv38, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Arbitration, Privacy, Contract
Per curiam, the appellate division finds that attorney Alissa Goetz may be reinstated following her September 2022 suspension for failing to meet registration requirements because Goetz complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: PM-183-23, Categories: Attorney Discipline
J. Tenney finds that the district court properly upheld a county council rejection of a property owner's request to build an accessory building on his ridgeline lot. The proposed structure would require site grading in addition to the completed grading that already exceeded the general plan's limit for development in the area. Also, the county council's denial was within its discretion and its decision was adequate for appellate review. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: August 24, 2023, Case #: 20220338-CA, Categories: Property, Zoning
Per curiam, the appellate division finds that the lower court properly dismissed the couple's complaint against the city seeking to recover damages due to a slip and fall on ice in a city parking garage. The city proved that it had no prior written notice of the icy condition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: 04356, Categories: Tort
J. Boyle finds the lower court erroneously denied the city and its police officers' motion for summary judgment on the grounds of political subdivision immunity in a car collision case. The officer involved in the collision with a bystander believed there was an imminent threat of harm to the 911 caller who had been assaulted and was being followed by her assailant. Therefore, the officer's decision to speed to the location of the caller was not wanton and reckless, especially considering he activated all of his lights and sirens, and was traveling below the posted speed limit at the time of the collision. Reversed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: August 24, 2023, Case #: 2023-Ohio-2954, Categories: Government, Immunity, Negligence
J. Johnson finds that the trial court properly disqualified a candidate from running for the office of St. John the Baptist Parish President. In this case, the candidate did not show that the way his tax preparer attempted to file his 2019 state tax return reliably ensured delivery of that tax return to the Louisiana Department of Revenue. Further, the candidate could not explain the showing that he did not file a 2019 state tax return. Therefore, the candidate falsely certified that he filed his state and federal tax returns for the last five years on signing his Notice of Candidacy. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: August 24, 2023, Case #: 23-CA-410, Categories: Elections, Contract
J. Lee denies a petition for review of a decision of the Board of Immigration Appeals (BIA). The panel rejected an immigrant's suggestion that Immigration Judges and BIA members are principal officers who must be nominated by the President and confirmed by the Senate. They are inferior officers and their appointments may be vested in the head of a department.
Court: 9th Circuit, Judge: Lee, Filed On: August 24, 2023, Case #: 18-71987, Categories: Immigration
J. Tashima finds that the district court properly entered judgment on a third revocation of defendant's supervised release. An appeal challenging a supervised release revocation is "not the proper avenue through which to attack the validity of the underlying sentence." Affirmed.
Court: 9th Circuit, Judge: Tashima, Filed On: August 24, 2023, Case #: 23-50012, Categories: Sentencing