136 results for 'filedAt:"2023-07-19"'.
J. Leinenweber denies a metal recycling plant’s motion for summary judgment for labor violation claims brought by one of its former employees. The employee alleges that the recycling plant failed to pay him for all the overtime hours he worked as a supervisor on the shop floor, while the plant argues that the employee’s supervisor position made him an executive employee exempt from overtime regulations. The plant has not convincingly argued this position.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: July 19, 2023, Case #: 1:20cv5689, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Halpern finds for the commissioner of internal revenue in this tax liability dispute because the taxpayers failed to provide a reasonable explanation for unreported income or demonstrate they acted in good faith.
Court: U.S. Tax Court, Judge: Halpern, Filed On: July 19, 2023, Case #: 2023-88, Categories: Tax
J. May finds that the trial court properly convicted defendant of DUI because the court did not make any errors, and defendant failed to preserve objections to jury selection. Affirmed.
Court: Florida Courts Of Appeal, Judge: May, Filed On: July 19, 2023, Case #: 4D22-1643, Categories: Jury, Dui
J. Gray finds that the trial court properly denied defendant's application for a writ of habeas corpus after he could not make the $400,000 bail on child sexual assault charges. Defendant did not adequately brief his issue that the trial court abused its discretion. Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: July 19, 2023, Case #: 10-22-00281-CR, Categories: Habeas, Sex Offender, Bail
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J. Brailsford grants the city's motion for summary judgment regarding an individual's allegations that an officer violated his First, Fourth, and Fourteenth Amendment rights when he was arrested for battery on a law enforcement officer. The officer was not the "sole aggressor" and had probable cause to arrest the individual. The individual admitted that he slapped the officer. The officer was justified in handcuffing the individual.
Court: USDC Idaho, Judge: Brailsford, Filed On: July 19, 2023, Case #: 4:21cv379, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Anderson affirms the defendant's premeditated murder conviction but reverses his second-degree intentional murder conviction. The district court did not violate the defendant's right to confrontation by preventing defense counsel from telling the jury that a testifying codefendant had taken a plea agreement to avoid a mandatory life sentence, and while it may have erred by not identifying the codefendant as an accomplice in jury instructions, the error did not affect the defendant's substantial rights. As the district court's only error, this issue does not adequately support the defendant's cumulative-effect argument. The second-degree murder conviction, however, was entered in error because it is a lesser-included offense of first-degree murder. Affirmed in part.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: July 19, 2023, Case #: A22-0303, Categories: Confrontation, Murder, Jury Instructions
J. Garaufis adopts a magistrate judge’s report and recommendation and grants preliminary approval for a class action settlement to resolve allegations of securities violations brought by the stockholders of a 3D printer manufacturing company. The court finds the agreed-upon terms of the settlement, including a $400,000 settlement award, to be reasonable and negotiated in good faith.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: July 19, 2023, Case #: 1:21cv2383, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Wynn finds the lower court properly denied the habeas petition. This case involves a man claiming the state suppressed evidence from a neighbor's testimony after he was convicted of murdering his girlfriend and three of her relatives at her apartment. Although the testimony is in favor of the man and was suppressed by prosecutors, it is not material and therefore does not change his outcome of a life sentence. Affirmed.
Court: 4th Circuit, Judge: Wynn, Filed On: July 19, 2023, Case #: 21-9, Categories: Death Penalty, Evidence, Habeas
J. Rice grants FedEx's motion to compel arbitration regarding the business owner's claim that FedEx's station manager made racially derogatory comments about people of color, including the business owner, and that FedEx did not provide loading assistance to the business and its drivers, which caused packages to not arrive on time. The Transportation Worker Exemption does not apply to the business or its owner because the original contract was signed between two corporate entities, FedEx and the business. Neither the business nor its owner qualifies as a worker.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: July 19, 2023, Case #: 2:23cv95, NOS: Other Civil Rights - Civil Rights, Categories: Arbitration, Civil Rights, Contract
J. Crone finds that defendant was properly convicted of unlawful possession of a firearm. Defendant fails to show that there is any issue with the evidence presented or that any new issues have arisen since the original evidence suppression hearing. Affirmed.
Court: Indiana Court Of Appeals, Judge: Crone, Filed On: July 19, 2023, Case #: 22A-CR-2076, Categories: Evidence, Firearms
J. Elliott denies the 10th claim a previously detained individual filed for summary judgment over the refusal of government officials to correct an email that stated she had been arrested for prostitution. The government officials provided a letter regarding her arrest history which stated she’d never been arrested for prostitution and the previously detained individual was unhappy with it because it didn’t also state that she had never been arrested for any other crime, but the government officials were never obligated to provide any kind of correction for the mistake in the email because email archives are not protected under the Privacy Act.
Court: USDC New Hampshire, Judge: Elliott, Filed On: July 19, 2023, Case #: 1:22cv198, NOS: Other Statutory Actions - Other Suits, Categories: Government, Privacy
J. Skretny allows plaintiff to continue claims contending a company demoted an employee due to her sex, age, and Kenyan origin because while the employee abandoned certain claims, she also alleged younger employees had been promoted based on different criteria or due to their being male.
Court: USDC Western District of New York, Judge: Skretny , Filed On: July 19, 2023, Case #: 1:22cv721, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Perluss finds that the trial court properly granted summary judgment to Disney on contract and unfair competition claims that material elements of its film "Zootopia" were lifted from pitch materials created by an outside writer. No evidence showed that the writer's materials made it beyond his contact at Disney to the company's animation department. Affirmed.
Court: California Courts Of Appeal, Judge: Perluss, Filed On: July 19, 2023, Case #: B315859, Categories: Unfair Competition, Contract
J. Medina finds a lower court ruled correctly in determining defendant was “incompetent to proceed to trial but not dangerous under the New Mexico Mental Illness Code” following her arrest for allegedly assaulting a police officer. Prosecutors argued the lower court had improperly excluded evidence of prior criminal complaints from a “dangerousness hearing” and that such hearings should be excluded from some rules of evidence just like with pre-trial hearings, but this argument is “unpersuasive” because there is no specific exemption for these dangerousness hearings, unlike other types of hearings. Affirmed.
Court: New Mexico Court of Appeals, Judge: Medina, Filed On: July 19, 2023, Case #: A-1-CA-40466, Categories: Evidence, Assault, Due Process
J. Hollander grants a former human resources director his motion to remand and denies a biopharma firm its motion to dismiss the director’s claims against it for retaliation and wrongful termination. The case was improperly removed to federal court because of federal question jurisdiction. Because the director has not pleaded that his claim that the firm violated ERISA as part of an inquiry or proceeding, it had no ground to remove the case to federal court. Thus, the retaliation claim cannot be resolved and is remanded.
Court: USDC Maryland, Judge: Hollander, Filed On: July 19, 2023, Case #: 1:23cv987, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Employment Discrimination, Employment Retaliation
J. Hollander partially denies a group of real estate owners’ motion to dismiss allegations of unfair debt collection and violations of consumer protections brought by a class of renters. The renters argue that the group wrongfully pursued more than 6% interest on rent debt and automatically raised rents with lease renewals. According to state law, landlords cannot charge more than 6% interest on rent. Also, the group unfairly charged renters who did not give two months’ notice of their intent to move an extra month’s rent.
Court: USDC Maryland, Judge: Hollander, Filed On: July 19, 2023, Case #: 1:22cv3228, NOS: Consumer Credit - Other Suits, Categories: Landlord Tenant, Property, Consumer Law
Vice Chancellor Laster holds a company in contempt for failing to advance litigation expenses and deploying coercive contempt sanctions instead of a collection mechanism, in the form of a daily fine that will increase by $1,000 until the company complies.
Court: Delaware Chancery Court, Judge: Laster, Filed On: July 19, 2023, Case #: 2022-0881-JTL, Categories: Attorney Fees
J. Moore finds that the trial court properly refused to suppress GPS evidence of defendant's whereabouts that police derived from a tracker placed on his vehicle during a traffic stop. The placement of a tracker was a warrantless search that was lawful because defendant was on parole. Affirmed.
Court: California Courts Of Appeal, Judge: Moore, Filed On: July 19, 2023, Case #: G060536, Categories: Burglary, Parole, Search
J. Kamins finds the Department of Human Services properly issued an amended a final order determining a personal support worker abused the victim by wrongful restraint. The order “is supported by substantial evidence.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: July 19, 2023, Case #: A178288, Categories: Evidence, Elder Abuse
J. Kamins finds the Employment Relations Board properly ruled that the University of Oregon violated the duty to bargain in good faith with the union that sought information regarding complaints made by the employees it represents. The University violated the duty by "redacting, and thereby withholding from [the Union], objective, factual information, including statements by bargaining unit employees concerning workplace complaints." Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: July 19, 2023, Case #: A177809, Categories: Administrative Law, Employment, Labor
J. Todd finds that the superior court properly found that an orphans’ court improperly terminated a father’s parental rights to his child and subsequently considered an adoption by the child’s mother’s long-term partner. The mother failed to demonstrate proper evidence as to why she and her partner cannot marry. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: July 19, 2023, Case #: J-10-2023, Categories: Civil Procedure, Family Law, Guardianship
J. Egan finds the juvenile court properly terminated a mother’s parental rights to her four children. “[T]he benefits to the children of ending the legal relationship with mother outweigh the risk of harm posed to the children by severing that legal relationship.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: July 19, 2023, Case #: A180489, Categories: Evidence, Family Law