10 results for 'cat:"Constitution" AND cat:"Class Action"'.
J. Celebrezze finds that the trial court properly declined to dismiss constitutional claims brought by a class of chiropractic practices because even though the legislature amended laws regarding medical providers' ability to solicit individuals injured in accidents, the class brought valid arguments regarding violations of the one-subject rule. However, the court improperly certified the class because medical providers neither had been fined nor sought monetary damages, as all potential class members reaped the benefits when the court granted an injunction to stay enforcement of the law. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Celebrezze, Filed On: May 23, 2024, Case #: 2024-Ohio-1976, Categories: constitution, Damages, class Action
J. Mazzant denies the motion for class certification in a case brought by individuals claiming they were unlawfully stopped, arrested or detained by a county employee who did not have an active peace officer license. The individuals have not shown the proposed class meets the numerosity requirement for certification, but they may refile the motion after additional discovery.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: March 27, 2024, Case #: 4:22cv250, NOS: Other Civil Rights - Civil Rights, Categories: constitution, Discovery, class Action
J. Rubin grants, in part, the Comptroller of Maryland’s motion for reconsideration in this class action complaint filed by property owners challenging the abandoned property statute is unconstitutional claiming declaratory and prospective injunctive relief. The property owners allege the Maryland abandoned and unclaimed property statute allows for “taking” without just compensation. The owners state constitutional claims are dismissed by being barred due to sovereign immunity. Therefore, the remaining motion is denied on the federal constitutional claims will proceed.
Court: USDC Maryland, Judge: Rubin, Filed On: January 26, 2024, Case #: 1:22cv1558, NOS: Other Civil Rights - Civil Rights, Categories: constitution, Immunity, class Action
J. Lohier finds that the district court properly dismissed class claims alleging motorists were hit with excessive fines for failing to make payments following implementation of "cashless tolling" at New York City bridges and tunnels because the reduced fines were not unconstitutional as "grossly disproportional" to the offense and did not unjustly enrich the public authority. Affirmed.
Court: 2nd Circuit, Judge: Lohier, Filed On: January 26, 2024, Case #: 22-751-cv, Categories: constitution, Vehicle, class Action
J. Trauger denies the request for a preliminary injunction in this class action concerning the metropolitan government's sidewalk ordinance, which was found to be in violation of the Takings Clause, and the government's subsequent claims procedure for businesses seeking reimbursement. The plaintiff builders seek to enjoin the government's policy of requiring releases "in exchange for payments made to individuals and businesses" related to the ordinance. However, the parties agreed to certain revisions to the claim form, rendering the request for prospective injunctive relief "largely" moot.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: November 17, 2023, Case #: 3:22cv924, NOS: Other Civil Rights - Civil Rights, Categories: constitution, Real Estate, class Action
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J. McCallum vacates the trial court's order to remit funds of $2.7 million into the court’s registry because it unconstitutionally intrudes upon the Parish School Board's delegated responsibility to appropriate funds under Crooks. The funds were collected through the enforcement of an ordinance titled "School Bus Safety Enforcement Program for Detecting Violations of Overtaking and Passing School Buses." Vacated in part.
Court: Louisiana Supreme Court, Judge: McCallum, Filed On: September 8, 2023, Case #: 2022-CC-01713, Categories: constitution, class Action
J. Gottschall dismisses a proposed class action complaint against Illinois, brought by a Black mother whose minor son has suffered PTSD as a result of his constant exposure to gun violence on Chicago's South Side. The mother proposed a class action against Illinois, the governor and the state police, on behalf of her son and other Black children who have suffered disabilities stemming from gun violence. She sought an injunction compelling the state and state police to more strictly enforce gun control laws and to exert more regulatory power over weapons dealers, all to stem the flow of guns into Chicago. However, the mother lacks standing under Article III of the U.S. Constitution, and she cannot show how the regulatory reforms she seeks would translate into reduced gun violence in Chicago.
Court: USDC Northern District of Illinois, Judge: Gottschall, Filed On: September 5, 2023, Case #: 1:18cv6675, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: constitution, class Action, Injunction
[Modified.] J. Whitman changes several sentences in a case about utility rates and denies a petition for rehearing with no change in judgment. The trial court properly found in favor of the utility district in this purported class action alleging that its tiered-rate water structure to determine the cost of water service violates the California Constitution. If notice was required under the Government Claims Act, any of the Act’s time requirements did not extend the statute of limitations applicable to the action seeking refund of allegedly illegal fees. Because the complaint mainly challenges the tiered-rate structure, the validation statute’s shorter statute of limitations governs. Affirmed.
Court: California Courts Of Appeal, Judge: Whitman, Filed On: June 15, 2023, Case #: A163054, Categories: constitution, Government, class Action