132 results for 'filedAt:"2023-08-07"'.
J. Docherty partially grants the employee's motion to compel national-level discovery about the employer's companywide diversity initiatives, which the employee alleges were the motivating factor behind his termination, and specifically about his own termination. The employee's requests for company-wide information about diversity initiatives and organization charts are not relevant or proportional to the needs of the case, but his request for the search terms the employer used to identify electronically stored information is granted. A request for attorney fees and costs is not granted.
Court: USDC Minnesota, Judge: Docherty, Filed On: August 7, 2023, Case #: 0:22cv50, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Discovery, Employment Discrimination
J. Richard Nelson remands the homeowner association's suit against its insurer to an appraisal panel for clarification of the panel's views on the availability of matching siding, the use of siding harvesting as a repair technique and the amount of an appraisal award. Decisions on remaining issues in the parties' competing summary judgment motions are reserved and the case is stayed pending the receipt of clarification.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: August 7, 2023, Case #: 0:21cv1532, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Weiler finds in favor of the commissioner in this collection due process action for a tax deficiency. The settlement officer did not abuse her discretion and the evidence supports the proposed levy.
Court: U.S. Tax Court, Judge: Weiler, Filed On: August 7, 2023, Case #: 2023-26, Categories: Government, Tax
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J. Biggs denies, in part, the Secretary of the Department of Veterans Affairs' motion to dismiss a former worker's disability discrimination and retaliation claims. The government fails to cite any rule of procedure it relies upon in its motion to dismiss.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: August 7, 2023, Case #: 1:22CV317, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination, Employment Retaliation
J. Crone finds the lower court properly convicted defendant of possession of methamphetamine and drug paraphernalia. Defendant now argues that the search conducted in her residence is unconstitutional and the evidence obtained from the search should not be admissible. But during her trial, defendant stated she had no objection to the admission of the evidence, and as such, the instant court will not review her claims for error. Affirmed.
Court: Indiana Court Of Appeals, Judge: Crone, Filed On: August 7, 2023, Case #: 23ACR327, Categories: Drug Offender, Evidence, Search
J. Davis denies the insurance company’s motion for summary judgment in this dispute over the insurance company’s responsibility to indemnify the pork company in underlying litigation. The underlying injuries suffered by the property owners, which were the grounds of the underlying litigation, are treated as one incident under the insurance policies.
Court: North Carolina Business Court, Judge: Davis, Filed On: August 7, 2023, Case #: 2023-NCBC-50, Categories: Insurance, Business Practices, Contract
J. Nye denies in part a county's motion for summary judgment regarding an individual's allegations of excessive force regarding an incident where she called police to do a welfare check on her estranged husband, who ordered the officer off of his property with a gun. Police returned to serve an arrest warrant on the husband, who was shot and killed during the incident. It is for the jury to determine whether or not the husband was holding a gun in a threatening way when he was shot by officers.
Court: USDC Idaho, Judge: Nye, Filed On: August 7, 2023, Case #: 2:18cv244, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Williamowski finds that the trial court did not abuse its discretion when it denied defendant's motion to suppress statements made to police during her initial interview because although her phone was taken away from her during the interview, the tone of the questioning remained friendly, while she was also properly read her Miranda rights before questioning about the specifics of the shooting that led to the victim's death. Meanwhile, the evidence in the record defendant was the initial aggressor when she struck the victim twice with a bat while he was sleeping, several days before she acquired a gun from a friend and shot the victim 10 times before attempting to conceal his body in the basement with a concrete barrier, all of which supported the trial court's decision to deny her request for a self-defense jury instruction. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: August 7, 2023, Case #: 2023-Ohio-2720, Categories: Miranda, Murder, Self Defense
J. Geraci Jr. allows the complaint to proceed, alleging the university wrongfully threatened legal action after the transplant surgeon resigned following disciplinary proceedings into another employee and had him fired from his new position. The surgeon had issued a written statement regarding the other employee that had involved "matters of public concern" due to potential violations of standards of care, which plausibly points to retaliation.
Court: USDC Western District of New York, Judge: Geraci Jr. , Filed On: August 7, 2023, Case #: 6:22cv6002, NOS: Other Civil Rights - Civil Rights, Categories: Employment
Per curiam, the circuit finds that the district court improperly held that New York City violated a modified remedial order designed to alter past discriminatory hiring practices in its fire department. No violation occurred in not getting prior approval from the order's court monitor before altering the number of candidates called at a time for the physical exam required before entering the FDNY Academy. Furthermore, since the alleged violation was akin to contempt, jurisdiction existed. Reversed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: August 7, 2023, Case #: 21-1929, Categories: Contempt, Jurisdiction, Employment Discrimination
Per curiam, the Hawaii Supreme Court denies a writ of mandamus to the Honolulu mayor, finding that the petition is improper and asks the lcourt to sidestep normal appeal procedures in a matter concerning who had jurisdiction over labor complaints under the former governor’s emergency Covid-19 proclamations.
Court: Hawai'i Supreme Court, Judge: Per curiam, Filed On: August 7, 2023, Case #: SCPW-23-46, Categories: Government, Jurisdiction, Labor
Per curiam, the appellate court vacates the district court’s extension of an abuse prevention order against the father of a 17-year-old daughter, finding the mother’s abuse allegations against him involved no threats or attempts at physical violence and amounted to nothing more than a subjective and unspecified fear. Law enforcement is directed to destroy all record of the lower court order against the father. Vacated.
Court: Massachusetts Court Of Appeals, Judge: Per curiam, Filed On: August 7, 2023, Case #: 22-P-849, Categories: Evidence, Domestic Violence
J. Smith finds that the district court properly imposed restitution in the full amount under the Mandatory Victims Restitution Act (MVRA) for offenses stemming from an eight-person conspiracy to fraudulently obtain and launder millions of dollars in federal Covid-relief funds. However, the panel vacates and remands for the district court to amend one individual's judgment. Affirmed in part.
Court: 9th Circuit, Judge: Smith, Filed On: August 7, 2023, Case #: 21-50237, Categories: Restitution, Covid-19
J. Whitehead denies without prejudice Macy's motion to exclude the customer's purported elevator expert from the customer's lawsuit alleging that she tripped and fell while entering an elevator in a Macy's location. While the purported elevator expert's report is "shaky," Macy's declined to depose him as planned or schedule a deposition, so it cannot currently, conclusively state that the purported elevated expert's testimony is dismissible.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: August 7, 2023, Case #: 2:22cv1075, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Experts, Discovery
J. McKeague finds that while there were many individuals involved with the money laundering scheme for which defendant was indicted, there was no "fatal variance" in the government's case that lessened its burden of proof or allowed the jury to convict based on improper guilt transference because he was the only defendant at trial, while there was also sufficient proof of a single, large conspiracy, rather than several smaller ones that did not involve defendant. Meanwhile, even though "Defendant One," the unknown individual in charge of the money laundering scheme, never interacted with defendant in Kentucky, venue was proper in the Eastern District Court of Kentucky as a result of defendant's contact with the lead investigative agent in Lexington, as well as his money transfers at various Kentucky car dealerships where he worked. Affirmed.
Court: 6th Circuit, Judge: McKeague, Filed On: August 7, 2023, Case #: 22-6015, Categories: Conspiracy, Jurisdiction, Money Laundering
J. Land finds that the trial court properly denied defendant's motion to suppress the results of a state-administered breath test that led to his DUI charge. The trial court correctly found that defendant voluntarily consented to the breath test. There was evidence that defendant was not so impaired that he was incapable of consent and there was nothing coercive or threatening about his interaction with the police officer. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: August 7, 2023, Case #: A23A0949, Categories: Dui
J. Hartz finds that the lower court properly sentenced and convicted defendant of manslaughter. Defendant claims his sentence is unreasonable and that he was stripped of using a self-defense strategy during trial due to the nature of Oklahoma's law on voluntary manslaughter, but the court properly applied federal law, making the state law irrelevant. Also, there is nothing found in defendant's 96-month sentence that is unreasonable enough to warrant a reduction. Affirmed.
Court: 10th Circuit, Judge: Hartz, Filed On: August 7, 2023, Case #: 22-7027, Categories: Sentencing, Manslaughter, Due Process
J. Niemeyer finds the lower court improperly compelled the foreman and the oil company to resolve their contract dispute via arbitration. The arbitration clause was not in any contract between the foreman and the oil company, but rather in a contract between the foreman and a third-party company that had helped the foreman find the position with the oil company. Reversed
Court: 4th Circuit, Judge: Niemeyer, Filed On: August 7, 2023, Case #: 22-1480, Categories: Arbitration, Employment, Labor