174 results for 'filedAt:"2023-07-12"'.
J. Wright denies an employer's motion to transfer or dismiss an employee's allegations of discrimination, retaliation and wrongful termination. The employee, a pilot, was employed in Susanville, California until the employer closed its Susanville airbase. The pilot was then employed in Columbus, Mississippi. The pilot applied for an open position in Redding, California, and was terminated. The employer has failed to show that venue is improper. The employee's causes of action are based primarily on California statutory law.
Court: USDC Central District of California, Judge: Wright, Filed On: July 12, 2023, Case #: 2:22cv8772, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Reidinger dismisses a politician's defamation action against an internet commentator. She fails to show the comment about her "rap sheet" was untrue, or that the commentator acted with malice pertaining to other comments.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: July 12, 2023, Case #: 1:21cv270, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Elections, Defamation
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Per curiam, the Minnesota Supreme Court denies the attorney's petition for reinstatement to the practice of law, finding that proof of a required moral change is insufficient for reinstatement in light of a failure to establish intellectual competence required to practice law, regardless of the attorney's agreement to resign his license upon reinstatement.
Court: Minnesota Supreme Court, Judge: Per curiam, Filed On: July 12, 2023, Case #: A20-0198, Categories: Attorney Discipline
J. Atkinson finds that the trial court properly found for a title company in breach of contract claims contending the company failed to identify an encumbrance because the alleged encumbrance, a gas station sign, was included in an illegal unenforceable contract. Affirmed.
Court: Florida Courts Of Appeal, Judge: Atkinson, Filed On: July 12, 2023, Case #: 2D22-120, Categories: Property, Contract
J. LaRose finds that a builder's appeal should be dismissed as brought from the trial court's refusal to dismiss a dispute over a construction contract and related construction lien based on the failure to include the building owner in the suit because the order was not final and thus not appealable. Affirmed.
Court: Florida Courts Of Appeal, Judge: LaRose, Filed On: July 12, 2023, Case #: 2D22-4138, Categories: Civil Procedure, Construction, Contract
Per curiam, the court of appeal finds that the trial court improperly revoked defendant's bond when he was arrested on new offenses because the judge assigned to preside over new offenses did not have jurisdiction to revoke bond related to the original offenses. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: July 12, 2023, Case #: 2D23-1116, Categories: Bail, Jurisdiction
J. Tuchi rules a media company may pursue patent infringement claims against a environmental technology company. The media company sufficiently showed that certain advertising solutions patents it owns are not routine or conventional.
Court: USDC Arizona, Judge: Tuchi, Filed On: July 12, 2023, Case #: 2:22cv2086, NOS: Patent - Property Rights, Categories: Patent
J. Reed finds a lower court properly dismissed an estate administrator's wrongful death claims against a physician. The estate administrator argued that the physician breached duty of care when she refused to perform alternate treatments on its decedent, who died from heart failure at home. However, the physician sufficiently showed in court that she properly avoided taking material risks by refusing to prescribe an anti-inflammatory drug for pain. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Reed, Filed On: July 12, 2023, Case #: 2023UKSC26, Categories: Civil Rights, Health Care, Medical Malpractice
J. Preska grants First Look Media's motion to dismiss defamation claims filed by the founder of the private military company Blackwater over an article published online by The Intercept portraying him as meeting with a top official of the Russian mercenary Wagner Group and offering to support the Group's operations in Africa. There is no evidence the journalist made any knowingly false statements, and prior journalistic failings at the Intercept by another employee cannot support a defamation finding in this case.
Court: USDC Southern District of New York, Judge: Preska, Filed On: July 12, 2023, Case #: 1:21cv10075, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation
J. Waite finds that evidence supports defendant's murder and related charges for a car shooting that killed three people, including a 3-month-old baby and his mother. Defendant admitted to being at the scene of the crime, it was proven through text messages he and a co-defendant planned to kill the victim to collect a $10,000 bounty, and text messages sent after the killing could reasonably be interpreted by the jury to mean the "job" had been completed. Meanwhile, the trial court properly granted the state's motion to try both defendants together because their defenses were very similar and they did not blame each other or act as an extra prosecutor during proceedings. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waite, Filed On: July 12, 2023, Case #: 2023-Ohio-2375, Categories: Criminal Procedure, Evidence, Murder
J. Aoyagi adheres to the former opinion in this case but allows reconsideration. “We may decide that costs generally should be disallowed in a particular type of case. Otherwise, a decision to disallow costs in an individual case will necessarily be based on the individual circumstances of that case.”
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: July 12, 2023, Case #: A163421, Categories: Damages
J. Powers finds the juvenile court properly asserted jurisdiction over a five-month-old child. “The record is legally sufficient to permit the court’s determination that the allegations above were proven by a preponderance of the evidence, interfered with mother’s ability to safely parent, and endangered A’s welfare.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: July 12, 2023, Case #: A179820, Categories: Family Law
J. Susswein finds that the trial court improperly excluded expert testimony in claims contending defendant, a minor, waived his Miranda rights during police interrogation for his alleged participation in a murder. The state acknowledged the motion court should not have excluded testimony from the expert, who spoke about adolescent brain development and juvenile understanding of Miranda rights, and the appreciation test taken by defendant indicated he understood some Miranda concepts but not others. Reversed.
Court: New Jersey Appellate Division, Judge: Susswein , Filed On: July 12, 2023, Case #: A-1229-22, Categories: Juvenile Law, Miranda, Experts
J. Jensen finds that the circuit court properly entered judgment after a jury convicted and sentenced defendant for second-degree murder and three counts of aggravated assault. The event stemmed from a social media altercation which led to defendant firing a weapon, killing a bystander and wounding two others. Defendant claims he acted in self-defense and that he was prejudiced when the jury was informed that he was recently released from prison and should not have been able to possess a firearm. Affirmed.
Court: South Dakota Supreme Court, Judge: Jensen, Filed On: July 12, 2023, Case #: 2023SD32, Categories: Firearms, Murder, Self Defense
J. Gwin grants the employer's motion to dismiss, ruling current employees initially denied religious exemptions to the Covid-19 vaccine mandate lack standing because they were granted exemptions before the suit was filed and, therefore, have not shown the threat of an imminent injury. Meanwhile, those former employees who claim they were constructively discharged after initially being denied exemptions also lack standing because they have not shown disparate treatment or disciplinary actions taken because of their religious beliefs, but rather, they left voluntarily before the adjudication of their requests for exemptions.
Court: USDC Northern District of Ohio, Judge: Gwin, Filed On: July 12, 2023, Case #: 1:22cv2154, NOS: Other Civil Rights - Civil Rights, Categories: Covid-19, Employment Discrimination, Class Action
J. Devaney consolidates separate petitions for discretionary appeal related to the circuit court’s summary judgment rulings in a professional negligence matter. The consolidated petitions are remanded to the circuit court for dismissal as untimely under South Dakota Codified Law.
Court: South Dakota Supreme Court, Judge: Devaney, Filed On: July 12, 2023, Case #: 2023SD33, Categories: Property, Negligence