104 results for 'filedAt:"2023-07-17"'.
J. Doty grants an emergency motion for dismissal with prejudice as a sanction against the employee, herself an attorney, and her attorneys for misleading the employer about her employment and thus her claimed economic damages in this employment discrimination action. Both the attorney and her two attorneys are also referred to the Minnesota Office of Lawyers Professional Responsibility for potential investigation.
Court: USDC Minnesota, Judge: Doty, Filed On: July 17, 2023, Case #: 0:20cv1534, NOS: Employment - Civil Rights, Categories: Sanctions, Employment Discrimination
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J. Cummings partially dismisses a solar energy customer’s contract and fraud counter-claims against a solar energy company which had previously sued the customer for failure to pay for solar panel installation at their car dealership. The solar panels were never installed after the contract negotiations broke down between the parties, and while the court dismisses the customer’s fraud and unjust enrichment claims, their Illinois Credit Services Organizations Act violation claim stands.
Court: USDC Northern District of Illinois, Judge: Cummings, Filed On: July 17, 2023, Case #: 1:22cv4921, NOS: Negotiable Instrument - Contract, Categories: Fraud, Business Practices, Contract
J. Georges affirms Massachusetts’ conviction of the defendant for murder. The inclusion of testimony of other inmates who were persuaded to share what the defendant told them about the murder he was convicted of does not constitute a violation of his right to counsel because these inmates weren’t offered cooperation agreements until after they’d conversed with the defendant of their own volition.
Court: Massachusetts Supreme Court, Judge: Georges, Filed On: July 17, 2023, Case #: SJC-10079, Categories: Evidence, Fair Trial, Murder
J. Douglas finds the district court properly found in favor of the school district in this suit brought by the former middle school assistant principal and Army Reservist who was disciplined because of parental complaints. The school board voted not to renew his contract after an investigation into his improper behavior regarding student discipline for illegal drugs. He says he was fired for taking military leave, and, at trial, the jury found the reservist’s responsibilities played a role in the board’s decision. Judgment was entered in favor of the board being that the text of the Uniformed Services Employment and Reemployment Rights Act provides employers with a mixed-motive defense. Affirmed.
Court: 5th Circuit, Judge: Douglas, Filed On: July 17, 2023, Case #: 22-20363, Categories: Education, Military, Employment Retaliation
J. Brown enters judgment in favor of the manufacturer of Arizona Ice Tea on its claims that its insurer provided only partial coverage for the additional costs involved in preparing its annual audit after its corporate headquarters’ software systems suffered a catastrophic data loss and resulted in the permanent loss of data for 2016 and 2017. The court finds the auditing process is considered “usual business operations” pursuant to the insurance policy and the process to restore its systems and complete its revised audit were conducted during a covered restoration period.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: July 17, 2023, Case #: 2:20cv1537, NOS: Insurance - Contract, Categories: Insurance, Technology
J. Ashford finds for the commissioner of internal revenue in this tax liability dispute because plaintiffs failed to substantiate deductions.
Court: U.S. Tax Court, Judge: Ashford, Filed On: July 17, 2023, Case #: 2023-87, Categories: Tax
J. McShane finds in favor of Oregon State Senator Brian Boquist for his complaint alleging that the Senate leadership retaliated against his exercise of free speech rights. After stating during a June 2019 speech on the Senate floor that, if the Senate leader is going to send the police for him, “Hell’s coming to visit you personally,” Boquist was told he would have to provide 12-hour advance notice in writing when he planned to go to the capitol building. Boquist’s comments were hyperbolic and said in “a highly charged political environment.” The statements did not constitute a true threat and the imposition of the 12-hour rule infringed on his rights.
Court: USDC Oregon, Judge: McShane, Filed On: July 17, 2023, Case #: 6:19cv1163, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, First Amendment
J. Southwick finds the district court properly denied the Louisiana Department of Public Safety and Corrections Secretary’s motion to dismiss this civil rights suit base on qualified immunity. The inmate who says he was misclassified as a sex offender and held for over a year past his release date adequately pleaded that sufficiently similar prior incidents occurred in sufficient number, and of which the secretary was aware, to overcome summary judgment. The secretary knew about a legislative audit report regarding the over-detention of inmates, as well as an attorney general op-ed and state court testimony regarding the same. Affirmed.
Court: 5th Circuit, Judge: Southwick, Filed On: July 17, 2023, Case #: 21-30446, Categories: Civil Rights, Immunity, Prisoners' Rights
J. Goldberg finds that the trial court properly found for plaintiff in wrongful termination claims brought against the Woonsocket Police Department. The superior court had jurisdiction to issue declaratory relief, and plaintiff’s admission to certain facts in Massachusetts district court did not constitute a guilty plea. Affirmed.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: July 17, 2023, Case #: 21-332, Categories: Employment, Jurisdiction
J. Heil grants the individual plaintiffs' motion to proceed under pseudonyms in this suit challenging the constitutionality of certain state actions "related to transgender medical care for adolescents," including Senate Bill 613. There are "exceptional circumstances" that weigh in favor of allowing the minor plaintiffs and their parents "to proceed pseudonymously," and there is little risk of prejudice.
Court: USDC Northern District of Oklahoma , Judge: Heil, Filed On: July 17, 2023, Case #: 4:23cv177, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution, Health Care
J. Sykes finds that the investors did not prove their securities fraud claims alleging that the attorney is liable for damages regarding their $360,000 investment into a failed jet fuel proposition. The investors do not prove that the attorney sold or offered to sell the investors security. They provide only an email from the attorney and the company's managing member soliciting investment money for the jet fuel transaction, which does not qualify the attorney as a seller for the purposes of a securities or fraud claim.
Court: USDC Central District of California, Judge: Sykes, Filed On: July 17, 2023, Case #: 8:21cv389, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
J. Merriam finds that the district court improperly established a new standard for fair credit reporting claims by holding that a threshold inquiry should occur on the nature of an alleged inaccuracy. It matter not whether a purported balloon payment reported by one credit agency on a borrower's auto loan constituted a "legal" or "factual" dispute, the former of which is not cognizable, but whether the information was verifiably accurate.
Court: 2nd Circuit, Judge: Merriam, Filed On: July 17, 2023, Case #: 22-87, Categories: Debt Collection, Class Action
J. Nagala denies, in part, the employer's motion for summary judgment, ruling the 0.5% pay increase given to the black employee, a raise significantly less than the standard 3% raise, qualifies as an adverse employment action and can establish a prima facie case for discrimination, given that his quantitative performance numbers did not warrant a negative performance review. However, the isolated incidents involving a coworker who played the black employee a rap song with the n-word and claimed he resembled a rapist featured on the news are insufficient to support the employee's hostile work environment claims.
Court: USDC Connecticut, Judge: Nagala, Filed On: July 17, 2023, Case #: 3:21cv1630, NOS: Employment - Civil Rights, Categories: Civil Rights, Evidence, Employment Discrimination
J. Block dismisses for lack of standing an action brought by three residents of East Hampton, New York, who sought to halt the construction of a wind farm off the coast of Long Island because the onshore trenching excavation work allegedly would exacerbate an existing PFAS contamination present in the surrounding soils. The defendants are not responsible for the onshore trenching work and are therefore are not the source of the residents’ alleged injury.
Court: USDC Eastern District of New York, Judge: Block, Filed On: July 17, 2023, Case #: 2:22cv1305, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Construction, Environment, Tort
Vice Chancellor Cook finds that a limited partner is not entitled to a distribution following the sale of a luxury retail store because the net return failed to meet the applicable threshold, including the deduction of mortgage removal costs that alone precluded distribution.
Court: Delaware Chancery Court, Judge: Cook, Filed On: July 17, 2023, Case #: 2017-0017-NAC, Categories: Partnerships
Per curiam, the circuit finds that the district court improperly dismissed employment discrimination and wrongful termination claims brought by a probationary custodian because issues of fact remain in dispute as to whether comments by coworkers and supervisors cumulatively created a hostile work environment directed at her race and gender and whether the stated reasons for her firing constituted pretext for race and gender discrimination. Similarly, the timing of her termination raised an inference of retaliation.
Court: 2nd Circuit, Judge: Per curiam, Filed On: July 17, 2023, Case #: 22-138-cv, Categories: Employment Discrimination, Employment Retaliation