183 results for 'filedAt:"2023-06-30"'.
J. Frimpong declines to exercise supplemental jurisdiction over an individual's state law claims regarding his allegations that a restaurant does not have an access aisle with level surface slopes, which deterred the individual, who uses a wheelchair, from enjoying use of the business. The individual's four state law claims predominate over his one federal law ADA claim and the case is in its nascent stages, which are compelling reasons to decline supplemental jurisdiction.
Court: USDC Central District of California, Judge: Frimpong, Filed On: June 30, 2023, Case #: 2:23cv2551, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Jurisdiction
J. Wilkins reverses the district court's finding for a broadcast company on a photojournalist's action, in which he claims it willfully filed fraudulent W-2s on his behalf listing the payments he received for his on-the-job injury as taxable disability income, rather than non-taxable workers' compensation. There are questions of fact regarding how to categorize the payments, and whether the company knew the nature of these payments. Reversed.
Court: DC Circuit, Judge: Wilkins, Filed On: June 30, 2023, Case #: 22-7072 , Categories: Employment, Tax, Workers' Compensation
J. Rao upholds the lower court's dismissal of three lawmakers’ action concerning $500 fines they received for not following a mask mandate for those in the Hall of the House. The Speech and Debate Clause confers immunity to all legislative acts. Affirmed.
Court: DC Circuit, Judge: Rao, Filed On: June 30, 2023, Case #: 22-5058 , Categories: Constitution, Government, Immunity
[Consolidated.] J. Wilkins reverses the district court's finding for a group of casinos that challenged a compact between the Seminole Tribe of Florida and the state of Florida that will allow the tribe to offer online sports betting throughout the state. The Indian Gaming Regulatory Act authorizes a tribe to conduct gaming on its own lands, but does not prohibit a compact from discussing gaming topics that occur outside tribal lands. Reversed.
Court: DC Circuit, Judge: Wilkins, Filed On: June 30, 2023, Case #: 21-5265 , Categories: Constitution, Property
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J. Alito finds that the district court improperly ruled in claims challenging the secretary of education's student loan debt forgiveness plan because two students who did not qualify for the plan lacked standing for failure to demonstrate injury. Reversed.
Court: US Supreme Court, Judge: Alito, Filed On: June 30, 2023, Case #: 22-535, Categories: Education, Banking / Lending
J. LaBrit finds that the trial court properly ruled in a former couple's dispute over real property because the boyfriend committed fraud by transferring his money and property to the girlfriend in an effort to avoid paying his ex-wife and other creditors. Under the unclean hands doctrine, he is not entitled to relief. Affirmed.
Court: Florida Courts Of Appeal, Judge: LaBrit, Filed On: June 30, 2023, Case #: 2D22-119, Categories: Fraud, Property
J. Sleet finds that the trial court properly ruled in real property claims concerning a dock built on an easement because the language of the easement granted access not for use of the dock but for neighbors to come and go to the water from neighboring property. Affirmed.
Court: Florida Courts Of Appeal, Judge: Sleet, Filed On: June 30, 2023, Case #: 2D22-1028, Categories: Property
J. Blackwell largely dismisses the prisoner's complaint claiming that two sheriff's deputies violated his rights by preventing him from attending a bail hearing. The presence of the prisoner's counsel at the bail hearing is not sufficient to preclude his claim of a loss of court access, and he has plausibly pleaded that he would have posted bail sooner had he been able to attend the hearing. He has not, however, plausibly pleaded that a policy or custom was involved in the alleged deprivation of his right to court access. His conspiracy claim is plausibly pled only as to his individual-capacity claims against the deputies, and not against the county or its former sheriff.
Court: USDC Minnesota, Judge: Blackwell, Filed On: June 30, 2023, Case #: 0:22cv1309, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, Prisoners' Rights
J. Brodie enters summary judgment in favor of a healthcare provider on a self-represented patient care technician's employment-related disability discrimination and retaliation claims stemming from a lower back injury he suffered while transporting a patient. His failure to promote, unequal terms and conditions, and retaliation claims are time-barred, and his ADA wrongful termination and failure to accommodate claims fail because he fails to proffer a reasonable accommodation that would have allowed him to perform the duties of his position following the work injury.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: June 30, 2023, Case #: 1:19cv3098, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Ellis finds the trial court improperly convicted defendant for aggravated domestic battery for breaking his girlfriend's nose. The court prohibited reference to and excluded video evidence which defendant claimed showed his girlfriend's propensity for violence, resulting in his need to defend himself. The video was excluded because the depicted event occurred after that which is the basis for the charges. The video was improperly excluded because it was illustrative of the girlfriend's propensity to commit violence and may have bolstered defendant's claim that she was the initial aggressor. Reversed.
Court: Illinois Appellate Court, Judge: Ellis , Filed On: June 30, 2023, Case #: 1-19-2479, Categories: Evidence, Battery, Domestic Violence
J. Stargel finds that the trial court properly ruled for the insurer in this dispute with the insureds' assignee contractor over coverage for roof repairs to the insureds' property. The concealment/fraud provision in the insureds' policy was applicable to their assignee. Affirmed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: June 30, 2023, Case #: 6D23-36, Categories: Insurance, Property, Contract
J. Carr finds the trial court erroneously dismissed the minority shareholder's claim for fiduciary duty against his brothers, the majority shareholders of the family company. Although they made amendments to the shareholders' agreement in accordance with the procedures laid out in the agreement, it is possible they circumvented their fiduciary duties and abused their position as majority shareholders to the detriment of their brother. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Carr, Filed On: June 30, 2023, Case #: 2023-Ohio-2232, Categories: Fiduciary Duty, Contract
J. Piersol denies a law firm's motion for summary judgment and grants in part Citibank's motion for summary judgment in a matter in which the firm sought to recover funds for collection and legal work it performed on second mortgage accounts that Citibank placed with the firm but later recalled. The firm presented evidence demonstrating the elements of an unjust enrichment, therefore Citibank was not entitled to summary judgment on that claim. However, the firm's claims for promissory estoppel were also denied because the firm relied on the alleged claims of a Citibank employee between 2010 and 2012. Those alleged claims were "simply too vague and indefinite to constitute a 'promise' for purposes of promissory estoppel."
Court: USDC South Dakota, Judge: Piersol, Filed On: June 30, 2023, Case #: 4:19cv4195, NOS: Other Contract - Contract, Categories: Evidence, Banking / Lending, Contract
J. Raphael finds, on first impression, that Assembly Bill 333, which limits the punishments for gang participation, does not apply to serious felony and strike priors based on active participation in a criminal street gang. The trial court must allow the state to retry defendants on gang participation and gang enhancement counts, and to seek upper term sentences. Reversed in part.
Court: California Courts Of Appeal, Judge: Raphael, Filed On: June 30, 2023, Case #: E077553, Categories: Murder, Sentencing, Gangs
Vice Chancellor Cook finds for plaintiffs in claims alleging breach of contract and good faith and fair dealing brought after an LLC member unilaterally dissolved the company without regarding corporate formalities or notifying the other member. Because the entity had not generated revenue or assets, damages are assessed at a nominal amount of one dollar.
Court: Delaware Chancery Court, Judge: Cook, Filed On: June 30, 2023, Case #: 2020-0315-NAC, Categories: Corporations, Damages, Contract
J. Ivy denies the lender's motion for sanctions against the individual's attorney and finds partially in favor of the individual in a conversion action brought by the lender seeking to recover fraudulently obtained loan money sent to the individual by his brother. The individual did not convert the lender's property. The individual has already returned the fair market value of the money converted by the brother, therefore there are no damages to treble and no wrongdoing on the individual's behalf to penalize. The lender's motion for partial summary judgment is partially granted on its claim for statutory conversion and it is awarded fees and costs in bringing the action up to the point when the individual returned the money.
Court: USDC Eastern District of Michigan, Judge: Ivy, Filed On: June 30, 2023, Case #: 4:21cv12937, NOS: Other Fraud - Torts - Personal Property, Categories: Sanctions, Conversion
J. McFarland grants the concrete company's motion for a preliminary injunction, ruling the financial statements taken by the former employee when he was fired undoubtedly constitute trade secrets, while his forwarding of the information to a personal email address establishes a violation of his noncompete agreement. Therefore, the company is entitled to an injunction to prevent further violations or any unfair competition.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: June 30, 2023, Case #: 1:23cv345, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Employment, Trade Secrets, Contract
J. Duhart finds the trial court properly denied defendant's motion to exclude identification evidence made through the use of a photo array during his murder trial. Although he was the only individual pictured with a unibrow and with a photo taken in front of a white background, the backgrounds of the other images are all different colors, all of the individuals' hairstyles are different, and there is nothing unduly suggestive about the array. Meanwhile, the trial court properly excluded a statement from the mother of a deceased individual who allegedly claimed to be the shooter because the individual had already been investigated and denied any involvement until the admission to his mother more than a year later and immediately before his death; therefore, there was insufficient evidence to support the trustworthiness of the statement. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: June 30, 2023, Case #: 2023-Ohio-2243, Categories: Evidence, Murder, Identification
J. Robinson affirms a lower court ruling terminating the parental rights of a mother who argues that the trial justice erred by ruling that state welfare officials made reasonable efforts facilitate reunification between her and her child, specifically during a time when the mother was committed to a mental health facility. “While we acknowledge the significant mental health issues involved in this case, we are convinced that the trial justice did not err in determining that [the mother’s] parental rights should be terminated.” Affirmed.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: June 30, 2023, Case #: 22-77, Categories: Evidence, Family Law
J. Jones finds the district court, after defendant exhausted all state remedies, properly rejected his federal habeas petition seeking investigative services to support his claims of ineffective assistance for counsel's failure to investigate alleged accomplices in the robbery and murder of a pastor for which defendant received the death penalty. Granted a certificate of appealability by the Fifth Circuit, defendant cannot demonstrate a reasonable probability that at least one juror would have recommended a life sentence had counsel investigated the purported accomplices. Affirmed.
Court: 5th Circuit, Judge: Jones , Filed On: June 30, 2023, Case #: 17-70012, Categories: Evidence, Ineffective Assistance, Murder
J. Liman grants the hospital's motion to dismiss this suit brought by the nurse, seeking $20 million in damages for lost wages and future earnings, alleging religious discrimination and wrongful termination stemming from her refusal to be vaccinated against COVID 19. The nurse fails to show how the hospital discriminated against her on the bases of religion or disability, or how it intentionally inflicted emotional distress upon her. As currently pled, the complaint fails to state claims for relief and is dismissed without prejudice.
Court: USDC Southern District of New York, Judge: Liman , Filed On: June 30, 2023, Case #: 1:22cv6951, NOS: Civil Rights - Habeas Corpus, Categories: Emotional Distress, Covid-19, Employment Discrimination
J. McFarland grants the Department of Labor's motion for default judgment, ruling it has sufficient evidence to prove the home health care company failed to pay its employees overtime and minimum wage, and improperly classified them as independent contractors. The company is enjoined from any further violations and is ordered to pay more than $768,000 in liquidated damages.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: June 30, 2023, Case #: 1:20cv744, NOS: Fair Labor Standards Act - Labor, Categories: Government, Damages, Labor
J. Ramos grants the cryptocurrency seller's motion to set aside a default judgment in favor of investors who allege securities fraud, violations of the Racketeer Influenced and Corrupt Organizations Act, and various common law causes of action. The seller filed his motion to set aside the judgment more than 2 years after it was entered on the basis that he was unable to answer the complaint because he was incarcerated and subject to COVID-19 lockdown protocols. The investors would not be prejudiced by setting aside the judgment and make no argument showing that litigating the claims would lead to discovery difficulties. The seller is currently incarcerated, giving him no greater opportunity for fraud upon vacating the default.
Court: USDC Southern District of New York, Judge: Ramos , Filed On: June 30, 2023, Case #: 1:20cv4650, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Racketeering
Per curiam, the appellate division finds that the trial court properly dismissed claims contending a passenger had been injured in a multi-car collision because conflicting testimony had been presented regarding the speed of the vehicle in which the passenger was riding. Meanwhile, the driver caused the accident by pulling over during snowfall due to cars blocking the road ahead of him, at which point he was struck from behind by a tractor trailer and another car. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 30, 2023, Case #: CA 21-01596, Categories: Vehicle, Negligence