162 results for 'filedAt:"2024-03-05"'.
J. Thapar finds the lower court properly granted the police officer's motion for summary judgment on excessive force claims filed by the suspect who was tasered when he ran from the officer. This court has held the use of such force on a fleeing suspect is reasonable and allows for the application of qualified immunity. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: March 5, 2024, Case #: 23-3142, Categories: Civil Rights, Immunity
J. Watson grants the class's motion for final approval of its settlement agreement, ruling it meets all commonality and typicality requirements, while the settlement amount will adequately compensate employees for unpaid overtime and avoid a protracted litigation.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 5, 2024, Case #: 2:20cv2152, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
J. Vascura grants the shingle manufacturer's motion for summary judgment, ruling the homeowners have produced no expert testimony or other evidence to support their claim the shingles installed at their home were defective. Rather, the majority of their claims relate to the improper installation of the shingles by the roofing company; therefore, the manufacturer cannot be held liable.
Court: USDC Southern District of Ohio, Judge: Vascura, Filed On: March 5, 2024, Case #: 2:22cv3231, NOS: Contract Product Liability - Contract, Categories: Evidence, Product Liability, Contract
J. Watson grants the class's motions for approval of the settlement and for attorney fees, ruling sufficient discovery has been conducted to prove damages for the class members involved in the data breach, while the $120,000 award in attorney fees is supported by documentation and the complexity of the litigation.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 5, 2024, Case #: 2:22cv3499, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Settlements, Attorney Fees, Class Action
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J. Ives finds the lower court properly granted the motion for summary judgment filed by the governing body of the acequia water system. Its application of two statutory schemes for water distribution - one for irrigation and one for retrieval from a ditch - is compatible with New Mexico law and affords proper water rights to the landowners. Affirmed.
Court: New Mexico Court of Appeals, Judge: Ives, Filed On: March 5, 2024, Case #: A-1-CA-40325, Categories: Property, Water
J. McKinnon finds that defendant's unpreserved prosecutorial misconduct claims that the state improperly vouched for the victim's credibility and made inappropriate emotional appeals to the jury do not warrant plain error review. Also, probation restrictions prohibiting him from alcohol, drugs, gambling, casinos and bars were standard conditions and within the trial court's sentencing discretion. Affirmed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: March 5, 2024, Case #: DA 22-0030, Categories: Prosecutorial Misconduct, Sentencing, Sex Offender
J. Peterson finds that the appeals court properly overturned the trial court's order granting the state's motion to admit evidence of another act of defendant's alleged prior gang activity but refusing to admit two other instances. Defendant was indicted for aggravated assault, firearm offenses and violations of the Georgia Street Gang Terrorism and Prevention Act. The appeals court correctly found that a rule governing admissibility of evidence does not require a showing that the other act was committed to further the gang's interests. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: March 5, 2024, Case #: S23G0448, Categories: Evidence, Gangs
J. Seeger partially grants Cook County’s motion to dismiss constitutional and state law violations claims brought by a former photographer for the county medical examiner’s office. The ex-photographer claims he was fired in retaliation for complaining about his working conditions and how the office spent its budget; he says the office used his positive drug test result for cannabis as pretext to fire him. He brought First and Fourth Amendment violations claims as well as a number of state law claims. The court allows the Fourth Amendment claim to stand, and the First Amendment claim stands only regarding his formal complaint to OSHA about his working conditions. His retaliation claim under state law also survives dismissal, but the court tosses his state wage law violation claim and his claim for due process violations.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: March 5, 2024, Case #: 1:22cv5571, NOS: Employment - Civil Rights, Categories: Constitution, Employment, Employment Retaliation
J. Fagone upholds the bankruptcy court's decision that two workers' damages awards, won against a former employer, are dischargeable debts in the employer's chapter 7 case. They fail to show the employer had willfully and maliciously injured them to render the debts non-dischargeable. Affirmed.
Court: 1st Circuit, Judge: Fagone, Filed On: March 5, 2024, Case #: MB 22-036 , Categories: Bankruptcy