276 results for 'filedAt:"2024-03-27"'.
J. Schmehl grants in part a tenured associate professor’s partial motion for summary judgment against Kutztown University in this case in which she alleges they improperly denied her request for a remote work accommodation in the fall of 2021 and in the semesters after. While the university’s desire to reopen in 2021 with strictly in-person instruction is understandable, its refusal to consider the professor’s incurable eye disease that puts her at a higher risk of contracting Covid-19 and enforce a blanket no-exceptions policy violated federal disability law.
Court: USDC Eastern District of Pennsylvania, Judge: Schmehl, Filed On: March 27, 2024, Case #: 5:22cv1034, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Brnovich grants a city's motion for judgment on the pleadings concerning a bar owner who surrendered her liquor license after two detectives launched an "impromptu liquor inspection," which she alleges led to an "unbelievably false report." The city sufficiently showed in court that it revoked her license for violating zoning ordinances, and not because she is a Black business owner.
Court: USDC Arizona, Judge: Brnovich, Filed On: March 27, 2024, Case #: 2:23cv752, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Interference With Contract
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J. Swain partially denies class claims stemming from a lender's imposition of force placed insurance on a property under a reverse mortgage. The lender admitted it had wrongfully charged the property owner for the force placed insurance, but did not credit back the related fees and interest charged to her. The homeowner adequately states a claim for violations of the Real Estate Settlement Procedures Act for the lender's failure to terminate the force-placed insurance within 15 days of written notice and proof of insurance.
Court: USDC Southern District of New York, Judge: Swain, Filed On: March 27, 2024, Case #: 1:20cv9281, NOS: Other Statutory Actions - Other Suits, Categories: Insurance, Real Estate, Class Action
J. Flanagan grants in part a municipality’s motion for summary judgment following allegations of constitutional rights violations brought by a former owner of a group home for at-risk youth. The owner had previously been charged with a felony sex offense against a minor, but the charges were voluntarily dismissed and his record expunged. However, a warrant for his arrest remained in one county’s system, and when he applied for a concealed handgun permit 15 years later, he was falsely arrested. The owner argues that the county should have implemented a policy to prevent this, but just because he disagrees with the policy does not throw the policy into question.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 27, 2024, Case #: 5:21cv388, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Ortega finds the trial court did not violate defendant’s right to allocution when it ”muted” him for being verbally abusive in court. The time for an allocution had passed, and “defendant was speaking to the court in a way that the court had authority to curb.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: March 27, 2024, Case #: A180024, Categories: Criminal Procedure, Trespass
J. Flanagan denies a couple’s motion for certification of direct appeal to the U.S. Court of Appeals on a bankruptcy case. The couple also petitioned the bankruptcy court after previously filing for Chapter 13 bankruptcy to incur debt and finance the purchase of a house so that they could live close to their child’s private school. The bankruptcy court denied this petition as the couple is not allowed to incur more than $10,000 while in bankruptcy. Also, the couple has not shown sufficient evidence that they are qualified for certification for a direct appeal to the court of appeals.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 27, 2024, Case #: 5:23cv373, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Real Estate
J. Whitney partially grants a county board of education’s motion to dismiss allegations of violations of the Americans with Disabilities Act and other protections after a student was recommended for homebound education. The student’s school removed him after a disability-related behavioral incident, and would not allow him to return, recommending homebound education. His parents sought private education and now sue the board for compensation. However, the school’s decision not to allow the student’s return does not constitute a violation of the ADA or other laws.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 27, 2024, Case #: 3:23cv139, NOS: Education - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Education
J. Kelly finds that the trial court improperly ordered a hosting facility to restore electricity to a premises used by a bitcoin mining operation. The trial court's injunction fails to satisfy the requirement under the rules of Civil Procedure 683 that temporary injunctions describe in "specific" and "reasonable detail" the acts being restrained. Reversed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: March 27, 2024, Case #: 03-23-00853-CV, Categories: Civil Procedure, Corporations, Injunction
J. Buller finds that defendant was properly sentenced to prison in claims brought after she stepped out of her home while her young child was in the bathtub, only to find her child face-down in the water, which caused a permanent brain injury. The child and his siblings all tested positive for multiple illegal drugs, and they had multiple incidents with the department of human services. Meanwhile, the sentencing court was not bound to accept a deferred sentence recommendation. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 27, 2024, Case #: 23-0961, Categories: Sentencing, Child Victims
J. Langholz finds that a child was properly placed in the joint physical care of her parents with a shared parenting schedule because the change accommodated the child's new school schedule. Affirmed.
Court: Iowa Court Of Appeals, Judge: Langholz, Filed On: March 27, 2024, Case #: 23-1103, Categories: Family Law
J. Koester finds that a crisis counselor's wrongful termination claims were improperly dismissed since she sufficiently stated a claim by identifying the wage payment collection law when the employer terminated her for requesting overtime and discussing pay with fellow employees. Reversed in part.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: March 27, 2024, Case #: 23-0300, Categories: Employment
J. Buller finds that a financial advisor was improperly granted an arbitration award after he was fired for improper client trades because he admitted he traded in violation of the employer's policies and Financial Industry Regulatory Authority rules. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 27, 2024, Case #: 23-0439, Categories: Arbitration, Employment
J. Ahlers finds that defendant was properly fined for third-degree sexual abuse and assault with intent to commit sexual abuse after assaulting the 14-year-old daughter of his paramour because the fine fell within statutory limits. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: March 27, 2024, Case #: 23-0563, Categories: Sentencing, Sex Offender
J. Bower finds that marital property was properly divided in a dissolution action because the husband's police pension constituted marital property subject to division. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: March 27, 2024, Case #: 23-0644, Categories: Family Law
J. Bower finds that plaintiff was properly committed to a mental institution against his will because he was psychotic and extremely malnourished, and he threatened to commit self harm and to harm others. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: March 27, 2024, Case #: 23-0758, Categories: Commitment
J. McBrayer finds the lower court properly determined a broker was due unpaid commissions from a client, but improperly calculated the number of commissions he was owed. The broker entered into an agreement with a dialysis company to locate sites for new clinics. He was to receive a commission when leases were renewed or extended. The lower court determined there were eight instances of either renewals or extensions for which he was not paid, but the instant court finds there were only six and modifies the award accordingly. Affirmed.
Court: Tennessee Court of Appeals, Judge: McBrayer, Filed On: March 27, 2024, Case #: M2022-00937-COA-R3-CV, Categories: Real Estate, Contract
J. Badding finds that a father's parental rights were properly terminated since he used methamphetamine and had a history of domestic violence, and the child's twin sister drowned while under his care. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: March 27, 2024, Case #: 24-0057, Categories: Family Law
J. Tabor finds that the parties' parental rights were properly terminated since the child was extremely medically fragile and both parents had a history of methamphetamine use and domestic violence. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: March 27, 2024, Case #: 24-0068, Categories: Family Law
J. Greer finds that an assistant professor was properly denied judicial review after she was denied tenure because the record indicates her courses lacked critical thinking and did not prepare students for upper level classes. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: March 27, 2024, Case #: 23-1151, Categories: Education, Employment
J. Bower finds that custody of the parties' child was properly modified to grant a mother sole legal custody because the father deprived her of parenting time and falsely accused her of abuse and neglect. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: March 27, 2024, Case #: 23-1174, Categories: Family Law