105 results for 'filedAt:"2023-05-22"'.
J. Freeman grants summary judgment to the employers in their employee's suit alleging that they failed to compensate him and other insurance adjusters for the full hours worked because they compensated adjusters for hours billed to clients, rather than actual hours worked, improperly classified adjusters as exempt and failed to provide proper breaks and reimburse adjusters for mileage. The employee was properly classified as an exempt administrative employee, no dispute of material fact remains as to whether he was properly reimbursed for mileage in a lump-sum payment, and the employee has not shown that his wage statements were in any way inaccurate nor that he is owed wages following his resignation. A state-law claim alleging unfair and unlawful business practices is derivative of those other claims, and the court declines to exercise supplemental jurisdiction under the California Private Attorneys General Act.
Court: USDC Northern District of California, Judge: Freeman, Filed On: May 22, 2023, Case #: 5:21cv819, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Jurisdiction, Labor
J. Orrick partially grants the pet-food maker's motion to dismiss a class action complaint alleging that it did not properly disclose potentially detrimental ingredients in its dog and cat food. The pet owner has adequately pleaded standing to bring her claims, and the food maker has not adequately shown that the alleged misrepresentations were not actionable as either fraud or negligent misrepresentation. She lacks standing, however, to represent consumers who might bring state-law claims in states other than California.
Court: USDC Northern District of California, Judge: Orrick, Filed On: May 22, 2023, Case #: 3:22cv6913, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Class Action
J. Stanceu finds the United States Department of Commerce (Commerce) properly assessed an elevated antidumping duty as the final determination of an antidumping duty investigation of certain truck and bus tires from China. The producer and exporter contests that it works independent of government control and should be assessed a different rate, but evidence is sufficient to show it does not work independent of government control and supports Commerce’s final decision. Affirmed.
Court: Court of International Trade, Judge: Stanceu, Filed On: May 22, 2023, Case #: 23-81, Categories: Commerce
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J. Seymour vacates the defendant's sentence for unlawful possession of ammunition and witness tampering, finding that the sentencing court's use of a cross-reference to the sentencing guideline for attempted murder was erroneous since the defendant was not shown to have specifically intended to kill his ex-girlfriend in the underlying offense. A finding of malice aforethought is not sufficient to justify the cross-reference. The error also was not harmless. Vacated.
Court: 10th Circuit, Judge: Seymour, Filed On: May 22, 2023, Case #: 21-6059, Categories: Firearms, Intent, Murder
J. Markle finds that the trial court improperly denied the county's and board of commissioners' motion for summary judgment in an action brought by the property owner alleging a violation of equal protection rights based on racial discrimination. The action arose after the board denied a prospective buyer's application for a conditional use permit to build poultry houses on the land. The owner lacked standing to bring the third-party racial discrimination claim on behalf of the buyer, who is of Vietnamese descent, because she failed to show that her relationship to the buyer was close enough that she could represent his interests. Reversed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 22, 2023, Case #: A23A0614, Categories: Civil Rights, Property, Equal Protection
J. Hyman finds that the lower court properly dismissed the woman's second amended trip-and-fall suit because she failed to correctly identify the location of the accident in her first two filings. Therefore, the second amended complaint does not "relate back" to the original complaint, it could not have given the transit agency adequate notice of her claims, and it is untimely. Affirmed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: May 22, 2023, Case #: 220791, Categories: Civil Procedure, Tort
J. Wendlandt finds defendant's altered sentence must be vacated and his resentence, which was a reduced number of years in prison on indecent assault and battery convictions on a person with an intellectual disability, be reinstated. Although his resentence was illegally lower than the required minimum of years required for his convictions, the altered sentence violated double jeopardy principles. Reversed.
Court: Massachusetts Supreme Court, Judge: Wendlandt, Filed On: May 22, 2023, Case #: SJC-13294, Categories: Sentencing, Assault, Double Jeopardy
J. Friedland finds that the district court properly entered summary judgment in favor of the State of California in an action challenging a California law that prohibits honking a vehicle’s horn except when reasonably necessary to warn of a safety hazard. An individual was cited for misuse of a vehicle horn after she honked in support of protestors. Although the citation was dismissed, she filed suit to block future enforcement of the California Vehicle Code. The vehicle code regulating improper use of a horn was universal and not merely for expression, therefore the First Amendment claim does not apply. Affirmed.
Court: 9th Circuit, Judge: Friedland, Filed On: May 22, 2023, Case #: 21-55149, Categories: Civil Rights, Constitution
J. Vigil finds a lower court partially erred in convicting defendant of multiple counts of felony murder following an alleged burglary-murder at a drug den. While defendant is right that prosecutors should not have been able to “impose more than one homicide conviction for one death” and that his double jeopardy rights were therefore violated, defendant has not shown why evidence in the case should have been suppressed nor why the judge should have been forced to recuse himself. Reversed in part.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: May 22, 2023, Case #: S-1-SC-39142, Categories: Drug Offender, Murder, Double Jeopardy
J. Feuer finds the trial court properly convicted defendant for three counts of false imprisonment by violence, three counts of forcible oral copulation, three counts of forcible rape and one count of attempted forcible rape. Certain delays and procedures used due to the Covid-19 pandemic were harmless and did not interfere with defendant’s ability to defend. Recent amendments to the penal code apply retroactively, making the one-strike law inapplicable. Defendant’s custody credit must be corrected. Affirmed in part. Vacated in part and remanded for resentencing.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: May 22, 2023, Case #: B316245, Categories: Sentencing, Sex Offender, Kidnapping
J. Clement finds the trial court properly dismissed this suit brought by the animal feed manufacturer seeking insurance coverage for its illegal dumping of wastewater into Brandon, Mississippi’s public sewer system. The city’s suit is based on intentional conduct, whereas the insurance policy only covers accidents. Affirmed.
Court: 5th Circuit, Judge: Clement, Filed On: May 22, 2023, Case #: 22-60247, Categories: Insurance, Municipal Law, Water
J. Bumb rules against a shipping company in third-party claims contending the company shipped defective KN95 masks that did not filter out 95% of airborne particles because evidence does not indicate the broker agreed to supply conforming masks, and whether a purchase contract existed remains in dispute.
Court: USDC New Jersey, Judge: Bumb, Filed On: May 22, 2023, Case #: 1:20cv6838, NOS: Other Contract - Contract, Categories: Contract
J. DeGravelles denies a request by a doctor at a parish jail, refusing to dismiss constitutional claims against him by the family of a prisoner who died from brain cancer. The family alleges that the physician’s denial of a life-saving medical device, an Optune, violated both state human rights law and his constitutional right to medical care. The doctor’s refusal to provide the device, despite “full knowledge” that the inmate needed it, constituted deliberate indifference, and “every reasonable officer would know, beyond debate, that this was the case.”
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: May 22, 2023, Case #: 3:22cv548, NOS: Prison Condition - Habeas Corpus, Categories: Civil Rights, Constitution, Medical Malpractice
J. Hart finds the trial court properly convicted defendant for driving while impaired. Though defendant had an identical case pending in another county, the second offense resolved in court first and was used as a prior conviction sentencing enhancement for the first offense. The Supreme Court of Colorado granted defendant’s petition to show cause, yet the plain language of the relevant statute does not require that conduct underlying a second-offense sentence predate conduct underlying the first offense. The rule to show cause is discharged.
Court: Colorado Supreme Court, Judge: Hart , Filed On: May 22, 2023, Case #: 23SA30, Categories: Sentencing, Dui, Vehicle
J. Lynch finds that the district court properly imposed special internet use conditions in lifetime parole because defendant, a sex offender, consistently violated supervised release. A "sensible reading" indicated these conditions were very similar to those imposed in the past following other violations and thus were not procedurally or substantively unreasonable. Affirmed.
Court: 2nd Circuit, Judge: Lynch, Filed On: May 22, 2023, Case #: 21-2577-cr, Categories: Parole, Sentencing, Sex Offender
J. Zamora finds a lower court erred when it denied a motion by prosecutors to detain defendant prior to trial in a murder case. The lower court failed to adequately consider factors that justified pretrial detention, including defendant’s “dangerousness,” “extensive criminal history” and past “failures to appear.” Reversed.
Court: New Mexico Supreme Court, Judge: Zamora, Filed On: May 22, 2023, Case #: S-1-SC-39744, Categories: Murder, Bail, Due Process