269 results for 'filedAt:"2024-03-28"'.
J. Clark finds that the workers' compensation board properly disallowed benefits for a hospital rehabilitation counselor who contends he sustained job-related psychological injury from ongoing conflict with a coworker. The dispute, which the employer resolved by firing the coworker, did not constitute a workplace accident that qualified for benefits. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: March 28, 2024, Case #: 534701, Categories: Workers' Compensation
J. Powers finds that the workers' compensation board improperly held that a New York City train operator did not receive a compensable on-the-job injury due to Covid-19 exposure. She alleged the illness caused major depressive disorder, but she failed to offer credible medical evidence demonstrating that she contracted the virus in the first place. However, her alternative claim for psychological injury arising from the stress caused by the prevalence of Covid-19 in the workplace must be remitted for further consideration as to whether such created an "extraordinary event" constituting a compensable accident. Reversed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: March 28, 2024, Case #: 535434, Categories: Covid-19, Workers' Compensation
J. Pritzker finds that the lower court properly dismissed a podiatrist's attempt to thwart state efforts to prosecute him for professional misconduct following the death of a patient because he failed to strictly follow the court-directed method of service following change of venue, which was fatal to establishing jurisdiction. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: March 28, 2024, Case #: CV-23-0088, Categories: Licensing, Jurisdiction
J. Bastian grants the sheriff's office summary judgment against the city administrator's complaint alleging that officers arrested him without a warrant for allegedly stealing public funds during his time as the city administrator for the City of Wapato, Washington. The city administrator claims that the sheriff's office should have known that its officers did not have probable cause because he likely did not have the stolen $100 on him a year after the theft, but continuous possession of misappropriated funds was not an element of the crime for which he was arrested, and the city administrator does not present any evidence that further investigation would have unveiled more information.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: March 28, 2024, Case #: 1:22cv3058, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Police Misconduct
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J. Tsuchida partially denies dismissal of the company owner's complaint that the hacker conference organizer imposed a lifetime ban on him by falsely accusing him of admitting to repeatedly sexually harassing people. The owner alleges sufficient facts to state claims of defamation related to a transparency report announcing his ban and to an update to DefCon's website referring to the owner's behavior.
Court: USDC Western District of Washington, Judge: Tsuchida, Filed On: March 28, 2024, Case #: 2:23cv1932, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Interference With Contract, Jurisdiction
J. Seabright refused to completely dismiss an employment suit against the Hawaii Symphony Orchestra by its former bassist, who said his termination based on his refusal to get a Covid-19 vaccination constituted religious discrimination. The orchestra did not show how an interactive process for the bassist’s religious exemption would have caused undue hardship or that placing the musician on leave was an adverse action. Further, allowing the bassist to play while being tested and masked would have fallen under the mayor’s pandemic proclamation exception, especially since he plays an instrument that would not require removal of a mask. Part of a retaliation claim is dismissed though as the bassist does not show being placed on leave was solely due to his refusal to vaccinate.
Court: USDC Hawaii, Judge: Seabright, Filed On: March 28, 2024, Case #: 1:23cv395, NOS: Civil Rights - Habeas Corpus, Categories: Covid-19, Employment Discrimination
J. Kays finds for the employer on retaliation claims filed by a white female employee who claims she was fired after refusing to fire a pregnant employee and because she was wrongly accused of sending a racist text message. The employer articulated a legitimate nondiscriminatory reason for terminating the employee. Even if she was not the author of the text message, the employer had valid concerns about her truthfulness because she gave different explanations and excuses regarding the text message.
Court: USDC Western District of Missouri, Judge: Kays, Filed On: March 28, 2024, Case #: 4:21cv75, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation
J. Benton finds a lower court properly dismissed three Fannie Mae and Freddie Mac shareholders' claims that the Federal Housing Finance Agency and the Department of Treasury wrongfully eliminated a removal restriction under the Housing and Economic Recovery Act. The shareholders argued that the Treasury's liquidation preference diminishes their interest in the two finance systems companies. However, the treasury sufficiently showed in court that the shareholders failed to plead any harm. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: March 28, 2024, Case #: 23-1051, Categories: Government, Housing, Banking / Lending
J. Kahn dismisses a health care provider and various union officials from an employment discrimination and wrongful termination complaint brought by a self-represented hospital employee, who alleges he was denied accommodations for an unspecified disability and was the target of a conspiracy to terminate his employment because he is a practicing Muslim. Many of his claims lack a private right of action or cannot be brought against private individuals, and he fails to list his union as a defendant or identify a disability he reportedly suffers from. The rest of his claims lack any substantive detail to survive dismissal. The court further orders him to prove service was made on the 10 remaining individual defendants or the remainder of his claims will be dismissed.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: March 28, 2024, Case #: 1:23cv264, NOS: Labor/Management Relations - Labor, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. McShan finds that the lower court properly rejected claims contending a state official's failure to enforce local building codes caused tenants to be forced from their apartments when their landlord ignored repair orders. By law, the official was required to "promulgate rules and regulations" setting minimum statewide standards for building and fire safety, but enforcement is left to New York municipalities. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: March 28, 2024, Case #: CV-22-2099, Categories: Landlord Tenant, Municipal Law
J. Stabile finds that the lower court improperly resolved a question of fact in this arbitration dispute wherein a teacher alleges a recruiter she hired to get her a new teaching position induced her to quit her job for a new one that never materialized. The complaint established the existence of additional contract terms that must be considered to determine the nature of the relationship between the parties. Reversed in part.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: March 28, 2024, Case #: J-A24010-23, Categories: Arbitration, Employment, Contract
J. Mortensen finds that the lower court properly convicted defendant of two counts of aggravated sexual abuse of his two minor daughters following his guilty plea. As part of the plea agreement, a sentence of two concurrent terms of six years to life was to be recommended, but at the sentencing hearing, the victims testified that they felt the sentence to be too lenient. The lower court sentenced defendant to 15 years to life for each count, to run concurrently. Defendant argues the prosecutor breached the plea agreement and the court should not have considered the victims’ view on the sentence. Defendant also asserts he received ineffective assistance by trial counsel for failing to object to the prosecutor’s statements at sentencing. However, there was no breach of the plea agreement and no deficiency in defendant’s legal representation. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 28, 2024, Case #: 20221055-CA, Categories: Ineffective Assistance, Sentencing, Sex Offender
J. Orme finds that the lower court properly found in favor of a collector and dismissed a debtor’s complaint. Although it may be true that the collector was not registered under the Utah Collection Agency Act, the circumstance existed prior to the lower court proceedings, and the debtor did not object or act to preserve the issue for appeal. Additionally, the debtor’s claim of violation of the Fair Debt Collections Practice Act fails as it is not distinct from her other claim. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: March 28, 2024, Case #: 20210518-CA, Categories: Debt Collection
J. Streeter finds the lower court properly denied defendant’s petition for relief. Defendant was convicted of first-degree murder and attempted robbery and sentenced to 50 years to life. He was granted a resentencing hearing after a lower court found he was denied counsel, and though the same errors were repeated during the resentencing hearing, the instant court finds them harmless. Evidence is sufficient to support defendant’s convictions and sentence, along with associated enhancements. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: March 28, 2024, Case #: A166001, Categories: Murder, Sentencing, Self Representation
J. Goldman finds the lower court properly rendered judgment against a property owner in this contract dispute. A business and a property management company entered into a letter of intent to lease a property. The business paid double rent for a period of 20 months to hold the property vacant while it sought a permit to operate a cannabis dispensary. The letter of intent stated that once the permit was obtained, the owner would transfer possession of the property to the business so that it could operate the dispensary; but once the permit was obtained, the owner refused claiming he would never have agreed to lease to a cannabis dispensary. A settlement was reached via mediation, but the property owner later refused to sign the formal agreement. The lower court found the mediated term sheet to be an enforceable agreement, and judgment was rendered against the owner who was ordered to pay the business $1.6 million per the terms of the agreement. The instant court reverses the award of prejudgment interest in the amount of $55,671, but otherwise agrees with the lower court's findings. Affirmed in part.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: March 28, 2024, Case #: A166242, Categories: Landlord Tenant, Real Estate, Contract
J. Prior finds that the lower court improperly ruled that a transgender prison sergeant's hostel work environment claim failed because the harassment he suffered was not sufficiently severe. The harassment he faced was frequent, physically threatening and humiliating.
Court: 11th Circuit, Judge: Pryor, Filed On: March 28, 2024, Case #: 22-13073, Categories: Employment Discrimination
J. Aiken dismisses the employees' state law claims alleging that the union refused to allow the employees to opt out of a joining the union. The employees do not allege that the state directed the union's allegedly unconstitutional conduct, specifically by not showing how the union did something that is traditionally the government's job or that the state encouraged this unidentified conduct.
Court: USDC Oregon, Judge: Aiken, Filed On: March 28, 2024, Case #: 6:22cv906, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Labor / Unions
J. Borman grants a protective order in trademark infringement claims by requiring that initial disclosures, responses to discovery requests, deposition testimony, and exhibits remain confidential during the proceedings.
Court: USDC Eastern District of Michigan, Judge: Borman, Filed On: March 28, 2024, Case #: 2:23cv13149, NOS: Trademark - Property Rights, Categories: Trademark, Discovery, Privilege
J. Thurston refuses to dismiss a mother’s due process, invasion of privacy and negligence claims against a sergeant related to the murder of her incarcerated son by a cellmate, and officers’ alleged release of photos of his mutilated body. She has sufficiently alleged these claims and the sergeant is not entitled to qualified immunity.
Court: USDC Eastern District of California, Judge: Thurston, Filed On: March 28, 2024, Case #: 1:21cv1349 , NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Prisoners' Rights
J. Wiley finds that the trial court properly ordered a liquor store to hire guards and stop selling single servings of alcohol. The state met its burden under the drug house statute by showing that third parties used the store to sell drugs, the owner knew about the drug dealing and the owner failed to take reasonable steps to stop the activity. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: March 28, 2024, Case #: B309295, Categories: Injunction
J. Hoffstadt finds that the trial court properly rejected a facial challenge to the constitutionality of legislation granting cities and counties some discretion to preempt local law in order to increase housing density on a parcel-by-parcel basis. The legislature can supersede local zoning and land use law to address matters of statewide concern, such as a housing shortage. The legislation's preemption of local housing density caps is limited and does not run afoul of voter initiative rights. The legislation permissibly delegates the legislature's preemptive power to local legislative bodies. Affirmed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: March 28, 2024, Case #: B321875, Categories: Preemption, Zoning, Housing