145 results for 'filedAt:"2023-06-01"'.
J. Wright denies an employee's motion for the preliminary approval of class action and PAGA settlement in an employment dispute. The employee and employer reached a settlement, however "the parties’ treatment of the class claims throughout this matter has been questionable, including at the settlement stage." The employee requested that the court dismiss class claims, which it did. Then the employee sought to reassert class allegations solely for the purpose of settlement, but the parties have not addressed why they are settling class claims where no class allegations are at issue and the employer has not shown why it would agree to the reinstatement of class claims. "These contradictory actions by the parties are indicative of collusion."
Court: USDC Central District of California, Judge: Wright, Filed On: June 1, 2023, Case #: 2:19cv5050, NOS: Employment - Civil Rights, Categories: Employment, Class Action
J. Williams finds a lower court properly upheld the Arizona Department of Economic Security's decision that the owner of a tax service failed to comply with the unemployment insurance tax regulations. The tax service owner argued that she was entitled to list two tax preparers as independent contractors because she paid them commissions, and that she was not obligated to pay unemployment insurance tax. However, the state presented sufficient evidence that both tax preparers worked as employees, based on the owner's insistence that they work exclusively on the company's premises while using its computers and software. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Williams, Filed On: June 1, 2023, Case #: 1CA-TX 20-11, Categories: Employment, Government, Tax
J. Jewell finds, in an auto accident case, that the county was immune from the claims against it except for the accused driver's counterclaim for damages, to the extent that it offsets the county's recovery on its claim against him. Immunity applies to the intervening parties’ claims, and there was no waiver of immunity since the deputy acted in good faith in making the u-turn that led to the crash. Reversed in part.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: June 1, 2023, Case #: 14-22-00367-CV, Categories: Immunity, Damages, Negligence
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J. Labarga upholds the district court's affirmation of the trial court's refusal to suppress eyewitness identifications during defendant's murder and robbery trial. The district court applied the proper standard of review, abuse of discretion review, rather than a de novo standard of review. Affirmed.
Court: Florida Supreme Court, Judge: Labarga, Filed On: June 1, 2023, Case #: SC2021-1450, Categories: Criminal Procedure, Murder, Witnesses
Per curiam, the Florida Supreme Court amends certain bar rules pertaining to elections and elections of president-elect, including the inclusion of "secret ballot" language that has been approved by the Board of Governors.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: June 1, 2023, Case #: SC20230007 , Categories: Civil Procedure
J. McMullen finds the lower court properly convicted defendant of first-degree premeditated murder and tampering with evidence for shooting his mother in the head. Defendant received an effective life sentence. Defendant argues he was denied funds to obtain expert services, but the instant court finds he did not demonstrate a need for expert services. And defendant’s claim the lower court committed error when it excluded a conversation he had with his aunt is without merit, as the conversation is deemed hearsay. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: McMullen, Filed On: June 1, 2023, Case #: W2022-00023-CCA-R3-CD, Categories: Evidence, Murder
J. Oberto grants an individual’s unopposed motion for preliminary approval of a class action settlement of credit reporting claims. The settlement, which includes an automatic $1,000 payout to each class member in exchange for a broad release of claims, is fair, adequate and reasonable.
Court: USDC Eastern District of California, Judge: Oberto, Filed On: June 1, 2023, Case #: 1:18cv1359, NOS: Consumer Credit - Other Suits, Categories: Settlements, Consumer Law, Class Action
Per curiam, the appellate division finds that attorney Douglas Robert Schwartz may be reinstated following his September 2022 suspension for failing to meet attorney registration requirements because Schwartz cured the delinquency, complied with the order of suspension, and demonstrated his fitness to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 1, 2023, Case #: PM-116-23, Categories: Attorney Discipline
J. McCullough finds the lower court properly convicted defendant or robbery. "The Due Process Clause does not require a court to pre-screen an eyewitness identification made for the first time in court," and "the jury was adequately instructed on the second or subsequent offense provisions." Affirmed.
Court: Virginia Supreme Court, Judge: McCullough, Filed On: June 1, 2023, Case #: 220378 , Categories: Robbery, Witnesses, Jury Instructions
J. Schutz finds that the trial court properly denied defendant's claims that two jurors were stricken from his felony menacing trial due to race. Also, he was not entitled to have jurors questioned about their race and ethnicity or given an implicit bias instruction. Evidence that a victim of the menacing was a drug dealer was properly excluded as improper character evidence. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: June 1, 2023, Case #: 20CA2145, Categories: Firearms, Jury Instructions
J. Durrant finds that the district court was within its discretion to admit other-acts evidence when trying defendant for the sexual assaults of six women. The Supreme Court abandons the doctrine of chances precedent, yet the other-acts evidence was properly admitted under other rules of evidence. Also, out-of-court statements were properly admitted under exemptions to the prohibition on hearsay. Affirmed.
Court: Utah Supreme Court, Judge: Durrant, Filed On: June 1, 2023, Case #: 20190336, Categories: Confrontation, Evidence, Sex Offender
J. McShan finds that the workers' compensation board properly held that claimant's application for benefits had not contained misrepresentations. The carrier contends claimant failed to disclose a prior claim contending he sustained injury working in manufacturing, but material information had not been withheld when claimant recalled a claim concerning his lower back and another claim concerning his neck. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: June 1, 2023, Case #: CV-22-1920, Categories: Workers' Compensation
J. Diaz finds the lower court properly granted judgment to the holding company. The investors failed to show they were misled about the merger and how the holding company's omission of cash-flow projections caused any economic loss. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: June 1, 2023, Case #: 21-1571, Categories: Securities, Business Practices
J. McShan finds that the lower court properly convicted defendant based on his guilty plea to burglary. Defendant contends proper procedures had not been followed in designating him a second felony offender, even though he had been aware he would be sentenced as such, but he failed to preserve the argument for review. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: June 1, 2023, Case #: 112433, Categories: Burglary, Criminal Procedure, Plea
J. Bushong finds the Court of Appeals erred in ruling that a college administrator’s office within a university building is not a “separate unit” in the building for purposes of the second-degree burglary. “Whether a space within a building is considered a ‘separate unit’…depends on the structure, occupancy, function, physical layout, and appearance of both the building as a whole and the space at issue. Here, there was sufficient evidence…based on those factors, that the administrator’s office was a ‘separate unit.’” Reversed.
Court: Oregon Supreme Court, Judge: Bushing, Filed On: June 1, 2023, Case #: S069671, Categories: Burglary, Evidence
J. Pritzker finds that the workers' compensation board properly granted an employer reimbursement for wages paid to an employee during his period of disability because the employer continued regular wages and thus was due credit against the permanent partial disability award, to avoid the employee's receiving a windfall. Meanwhile, the employee was properly denied reconsideration. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: June 1, 2023, Case #: 534672, Categories: Workers' Compensation
J. Larimer rules in part for a company accused of reducing cashiers' hours and rescheduling them for complaining that a manager drew sexually explicit pictures of them. The right to sue letter from the equal employment opportunity commission was not conclusively received by a certain date, so the complaint is not time-barred, but evidence does not indicate a second manager took part in any harassment.
Court: USDC Western District of New York, Judge: Larimer , Filed On: June 1, 2023, Case #: 6:23cv6053, NOS: Employment - Civil Rights, Categories: Civil Procedure, Civil Rights, Employment
J. Lee finds that the district court properly entered summary judgment in favor of police officers in an action alleging that officers violated individuals' Fourth Amendment rights against warrantless arrests and excessive force. The officers were shielded by qualified immunity. Affirmed.
Court: 9th Circuit, Judge: Lee, Filed On: June 1, 2023, Case #: 21-55867, Categories: Civil Rights, Constitution, Immunity
J. Elgo finds the lower court properly terminated the mother's parental rights and granted permanent custody of her children to family services. She failed to obtain adequate housing or income to provide a safe home for the children, did not complete drug screenings required by her case plan, and failed to visit the children frequently enough to prove a significant bond. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: June 1, 2023, Case #: AC45929, Categories: Evidence, Family Law