J. Thierry finds that the trial court improperly granted the landowners a preliminary mandatory injunction against the mineral lessee regarding their dispute over a right-of-way agreement for the property. The Louisiana Supreme Court ruled that a preliminary mandatory injunction is not an available form of relief in the state, and neither the landowners nor the mineral lessee stipulated to consolidate the preliminary injunction hearing and the permanent injunction hearing. Vacated.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: April 24, 2024, Case #: CA-23-326, Categories: Property, Injunction
J. Theofanis finds that the trial court properly ruled against car owners who sued a collision repair shop that allegedly forced them to pay fees to recover their car. Because the car owners filed their claims two years and five days from the date of the incident, their claims are barred by the statute of limitations. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: April 24, 2024, Case #: 03-23-00265-CV, Categories: Civil Procedure, Conversion
J. Novak denies the university's motion to dismiss claims of gender discrimination. An accomplished Black female news director turned communications professor properly presented facts that her Black male supervisor gave her unfavorable assignments, tried to take her role as internship director away, suggested she needed to teach more courses than anyone else in the department and directed her to teach specific courses without her input, while her male and White female counterparts exercised flexibility in choosing courses to instruct.
Court: USDC Eastern District of Virginia, Judge: Novak, Filed On: April 24, 2024, Case #: 3:23cv777, NOS: Other Civil Rights - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Ortego finds that the trial court improperly awarded the plantation $440,500 in attorney fees for its property dispute with the district. The award is moot because the expropriation of the plantation's and others' properties are not less than what the district's levee board offered them, which violates applicable law. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: April 24, 2024, Case #: CA-23-83, Categories: Attorney Fees
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J. Gonzalez adopts a magistrate judge’s findings and dismisses a field technician’s wrongful termination suit against Charter Communications, an Internet service provider. His retaliation and negligence claims are both time-barred, and he fails to provide any substantive evidence to rebut his employer’s defense that he was an at-will employee.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: April 24, 2024, Case #: 1:23cv7383, NOS: Other Contract - Contract, Categories: Employment, Negligence, Employment Retaliation
J. Lamberth grants the contractor's motion for sanctions in the subcontractor's suit against it stemming from a dispute over a renovation of the Latvian Embassy. The contractor is awarded attorney's fees and costs and the subcontractor is prohibited from introducing evidence relating to costs incurred on the project and opposing the contractor's expert's cost opinions, as sanction for repeated and flagrant failures to follow court orders and produce required discovery.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: April 24, 2024, Case #: 1:22cv1643, NOS: Other Contract - Contract, Categories: Sanctions, Discovery, Contract
J. Knapp grants the postal service contractor's motion to dismiss, ruling the employee's claim he "reported concerns" about underpayment of wages to supervisors are too vague and conclusory to meet pleading requirements under the False Claims Act, especially considering there is no information about the specific wage payment violations or how the contractor responded to the reports.
Court: USDC Northern District of Ohio, Judge: Knapp, Filed On: April 24, 2024, Case #: 1:19cv1900, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Employment, Evidence, False Claims
J. Jackson finds a lower court properly dismissed a father's civil rights claims against a housing authority. The father argued that he was entitled to welfare priority benefits to send his children to a Muslim school. However, the local borough sufficiently showed in court that the housing authority is only obligated to place children is schools in a nearby location, where education is free. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Jackson, Filed On: April 24, 2024, Case #: CA-2023-577, Categories: Civil Rights, Education
[Consolidated.] J. Tjoflat finds that the district court properly ruled in favor of the timeshare company in two actions brought by consumers alleging that the company violated the Fair Credit Reporting Act by inaccurately reporting that they owed debts. The consumers' claims are not actionable because they cannot identify inaccurate or incomplete information provided by the company to the consumer reporting agencies. The inaccuracies alleged by the consumers stem from a contractual dispute over whether the debt was due and collectible. The information in dispute is therefore not "objectively and readily verifiable." Affirmed.
Court: 11th Circuit, Judge: Tjoflat, Filed On: April 24, 2024, Case #: 22-11014, Categories: Consumer Law
Per curiam, the circuit finds that the district court properly denied defendant's request to vacate one conviction stemming from a terrorism-related plot to engage in coordinated suicide bombings in the New York City subway system. Because defendant was convicted of possessing a destructive device in furtherance of a crime of violence, he also was guilty of attempted terrorism as a crime of violence on the premise of aiding and abetting. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: April 24, 2024, Case #: 21-1438, Categories: Terrorism
J. Levy grants the dismissal of all claims brought against Westbrook, Maine, and several of its officials by a former employee they fired. The employee’s supervisor’s different treatment of the employee was not do to the employee being male, but the fact that the employee replaced the supervisor’s paramour, so it wasn’t discrimination on the basis of sex.
Court: USDC Maine, Judge: Levy, Filed On: April 24, 2024, Case #: 2:23cv123, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Rodriguez mostly adopts a magistrate judge’s recommendations and grants a loan company’s motion for summary and default judgment after it was sued by a homeowner seeking to stop a foreclosure. That company, which countersued to quiet title, is the valid owner of the property and is “authorized to enforce the power of sale through foreclosure.”
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: April 24, 2024, Case #: 5:22cv1234, NOS: Foreclosure - Real Property, Categories: Property, Real Estate, Foreclosure
J. Partida-Kipness finds that the lower court properly granted the appellees' pleas to the jurisdiction in this suit involving the appellant's property taxes and allegations that his payments were not properly applied against a judgment. The pro se appellant fails to adequately brief his issues, and the court additionally finds that the appellees were "entitled to dismissal" based on governmental immunity. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: April 24, 2024, Case #: 05-23-00224-CV, Categories: Tax, Fiduciary Duty, Jurisdiction
J. Snyder grants an airport's motion to dismiss a concession lease agreement dispute with a company that was providing online car parking services and operating airport lounges. The company alleges that after it declined to make a charitable contribution requested by the airport board president, the airport changed its scoring methodology so that the company would lose its bid. The company alleges that the airport then did not pay the full termination payment. The company did not present fraud claims in compliance with the California Government Claims Act but is granted leave to amend.
Court: USDC Central District of California, Judge: Snyder, Filed On: April 24, 2024, Case #: 2:21cv4909, NOS: Other Contract - Contract, Categories: Fraud, Contract
Per curiam, the appellate division finds that the lower court improperly ordered the defendants to respond to the second set of interrogatories for information identifying any gifts or transfers made to family members since 1998 in this suit seeking a judgment to declare plaintiff the sole owner and stockholder of the family business. This request is overly broad and burdensome, as the only relevant period is for gifts or transfers made in 2012. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 24, 2024, Case #: 02182, Categories: Business Practices, Discovery
Per curiam, the appellate division finds that the lower court improperly dismissed the paternal grandmother's petition for additional visitation with her grandchildren due to the mother's cancellation of visits. The grandmother is entitled to a hearing on her allegations that the mother interfered with her visitation rights and whether that conduct warrants a modification of the visitation order. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 24, 2024, Case #: 02201, Categories: Family Law
J. Murphy finds the circuit court properly denied the stepfather's petition to adopt his 13-year-old stepdaughter. The stepfather sought adoption after the child's biological father petitioned to establish paternity and visitation. Though the healthy, academically achieving daughter considers her stepfather her father, having no interest in visitations with her biological father, the record demonstrates the mother hindered the biological father/daughter relationship by not telling him about her for the first two years of her life. The mother also told the daughter she was conceived by rape. The biological father has regularly paid child support, also carrying insurance on the daughter. Adoption is in derogation of the natural parent's rights and the biological father has contested the adoption. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 24, 2024, Case #: CV-23-311, Categories: Evidence, Family Law, Guardianship
J. Klappenbach finds the trial court properly convicted defendant for boating while intoxicated. A wildlife officer stopped defendant's boat after he observed his aggressive operation related to cutting off a jet ski. The unsafe speed and closeness of the vessels provided probable cause for the stop. Sobriety tests were administered after the officer smelled alcohol, with defendant failing them all. Sufficient evidence supports the court's ruling. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: April 24, 2024, Case #: CR-23-573, Categories: Evidence, Dui
J. Mooney finds the trial court did not deprive defendant of his “right to procedural due process.” Defendant, who was sleeping in a post office branch, “does not have a protected liberty interest that entitles him to enter and remain on the premises of that post office branch under those circumstances.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 24, 2024, Case #: A178272, Categories: Trespass, Due Process
J. Joyce finds the trial court erred by admitting arresting officer testimony about field sobriety tests. The “state was required to prove that she had been impaired to a perceptible degree while driving.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: April 24, 2024, Case #: A179615, Categories: Evidence, Dui