179 results for 'filedAt:"2023-08-11"'.
J. Seeger grants a group of egg suppliers’ motion to bifurcate their upcoming antitrust suit into a liability phase and a damages phase. A number of food companies sued the egg producers years ago, alleging the producers had conspired to artificially restrict the supply of eggs in the U.S., jacking up prices for eggs and egg products. The case has bounced around multiple districts up to this point, with prior court findings supporting the notion that a jury in this trial would find for the egg producers. As such, this court finds bifurcating liability and damages would promote judicial economy.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: August 11, 2023, Case #: 1:11cv8808, NOS: Antitrust - Other Suits, Categories: Agriculture, Antitrust, Civil Procedure
J. Mihm grants an employee's motion to pursue representation capacity under ERISA for class claims of violations of an employee stock ownership plan. The class leader, who argued that the employer breached fiduciary duty by overpaying for stock, sufficiently showed in court that her motion is practical.
Court: USDC Central District of Illinois, Judge: Mihm, Filed On: August 11, 2023, Case #: 1:20cv1177, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Class Action
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J. Jackson finds for three environmental groups seeking to compel Fish and Wildlife Services to designate critical habitat for the endangered rusty patched bumble bee. The groups have sufficiently shown an injury-in-fact, and that the service's designation may create a risk of injury to the bee and they have an interest in seeing the bee, while the service failed to explain a reasoned basis for failing to designate a critical habitat for the bee.
Court: USDC District of Columbia, Judge: Jackson, Filed On: August 11, 2023, Case #: 1:21cv770, NOS: Environmental Matters - Other Suits, Categories: Administrative Law, Environment
J. Brailsford grants the county's motion for summary judgment regarding an individual's allegations of violation of his Eighth Amendment rights. The individual alleges that he was sexually assaulted while he was an inmate in the county jail, by other inmates who had been reported for a prevous sexual assault. The individual alleges that the county, sheriff's office, and employees with supervisory authority failed to take action after the inmates were reported. The individual has not shown that officers were indifferent to the report, as they allege they investigated and found the report to be unsubstantiated. The individual has not shown that the county defendants acted with "malice or intent."
Court: USDC Idaho, Judge: Brailsford, Filed On: August 11, 2023, Case #: 4:21cv432, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Newey finds a lower court properly dismissed a resident's request for housing accommodations. The resident, a native of Somalia, argued that she is entitled to a "suitable" place to live under the Housing Act after being forced to leave a room provided to her by the asylum support services. However, the local borough presented sufficient evidence in court that it provided her with adequate accommodations in a hostel with access to a shared bathroom and kitchen. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: August 11, 2023, Case #: CA-2022-408, Categories: Immigration, Housing
J. Wall finds a lower court improperly vacated a defendant's conviction for aggravated- kidnapping. The defendant, who was sentenced to 45 years in prison, argued that he is entitled to relief. However, the State presented evidence in court that the defendant confined his victim in order to facilitate another crime. Reversed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: August 11, 2023, Case #: 123,742, Categories: Sentencing, Kidnapping
J. Sammartino rules that an Immigration and Customs Enforcement employee may pursue Rehabilitation Act claims against a homeland security supervisor. The government argues that the employee's Rehabilitation Act claim must be dismissed because it relies on a theory of harassment as opposed to discrimination. Some courts have dismissed such claims while others have found them cognizable at the pleading stage. In light of this uncertainty, allowing the claim to proceed beyond the pleading stage is a "more supportable" approach.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: August 11, 2023, Case #: 3:22cv557, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Grasz finds a lower court properly dismissed a driver's strict liability and negligence claims against General Motors. The driver argued that he is entitled to monetary relief after he was involved in a rollover vehicle accident, which resulted in spinal injury. However, the proper venue is Coahuila, Mexico, where the accident took place. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: August 11, 2023, Case #: 22-1563, Categories: Negligence, Jurisdiction
J. Gruender finds a lower court improperly granted summary judgment to a health system on class claims of wage payment violations brought by its employees. The health system argued that it properly utilized an automated time- keeping system to record employees' in and out time. However, the class of employees sufficiently showed in court that their employer may have used an improper rounding policy, which deprived employees' compensation when they clocked in minutes before their shift began, in violation of Fair Labor Standards. Reversed.
Court: 8th Circuit, Judge: Gruender, Filed On: August 11, 2023, Case #: 22-1862, Categories: Employment, Class Action, Contract
Per curiam. The Eighth Circuit finds a lower court properly dismissed an architectural management company's infringement claims against a bank. The management company argued that the bank, which purchased an uncompleted building in bankruptcy court, infringed on an architect's copyright by completing architectural plans without permission. However, the bank presented sufficient evidence in court that the management company's allegations are precluded by the bankruptcy court's approval of the acquisition. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: August 11, 2023, Case #: 22-1976, Categories: Bankruptcy, Real Estate, Contract
J. Harper finds, based on the Connecticut Supreme Court's ruling in Carpenter v. Daar, the trial court erroneously granted the medical providers' motion to dismiss a medical malpractice claim based on an allegedly insufficient opinion from a similar health care provider. The opinion requirement is not jurisdictional and, therefore, the estate should have been given the opportunity to amend its filings, regardless of the expiration of the statute of limitations. Reversed.
Court: Connecticut Court Of Appeals, Judge: Harper, Filed On: August 11, 2023, Case #: AC44757, Categories: Civil Procedure, Experts, Medical Malpractice
J. Deavers denies, in part, the landfill owner's motion to compel discovery, ruling that Goodyear's claim it has no documents about previous cleanup cost recovery from insurers prevents an order from the court, which cannot force the company to produce documents it claims do not exist. However, because the settlement documents between Goodyear and previous landfill owners will provide relevant information about fair and reasonable contributions to cleanup costs, the owner's motion to compel those documents is granted and Goodyear must provide any available information about settlements with other parties responsible for potential contamination.
Court: USDC Southern District of Ohio, Judge: Deavers, Filed On: August 11, 2023, Case #: 2:20cv6347, NOS: Environmental Matters - Other Suits, Categories: Environment, Discovery
J. Inos finds the lower court properly dismissed the department’s case against a now-deceased homeowner for his occupation of public land after they failed to take any action on the case or the homeowner’s application for a homestead waiver for over 20 years. The extensive delay along with the department’s false argument that the public land can be acquired through adverse possession favors dismissal. Affirmed.
Court: Northern Mariana Islands Supreme Court, Judge: Inos, Filed On: August 11, 2023, Case #: 2022-SCC-15, Categories: Government, Property
J. Osowik finds the lower court properly granted the home furnishings store's motion for summary judgment in a personal injury case. The injured shopper provided no evidence any of the shelving units she claimed fell and injured her were unlocked or otherwise improperly constructed at the time of the accident. In any case, even if the shelving units had been unlocked, the shopper presents no direct evidence an employee of the store was the one who improperly constructed them. Affirmed.
Court: Ohio Court Of Appeals, Judge: Osowik, Filed On: August 11, 2023, Case #: 2023-Ohio-2798, Categories: Evidence, Negligence, Premises Liability
[Consolidated.] J. Katzmann finds that the district court improperly held that terms governing a deal in which one company provided capital to another by buying its debt were unconscionable. The investor attempted to cash in the $25,000 signing fee for stock worth $2.2 million after the agreement fell through, but both parties were sophisticated and the debt-seller was not coerced due to the lack of other options.
Court: 2nd Circuit, Judge: Katzmann, Filed On: August 11, 2023, Case #: 21-1916-cv (L), Categories: Contract
J. Edwards finds the homeowners’ association has failed to refute the trial court’s denial of its petition for review of an administrative law judge’s decision against it in their dispute with homeowners over permitting for a stormwater management system. The administrative law judge’s decision recommending to the stormwater management district that the disputed permit should not be granted was based on substantial evidence in part regarding the system’s compliance with codes, adheres to essential requirements of law and allows the district to make a final determination on the permit. The matter is remanded to the district to enter a final decision, which can then be appealed if the losing side desires.
Court: Florida Courts Of Appeal, Judge: Edwards, Filed On: August 11, 2023, Case #: 22-2426, Categories: Administrative Law, Water, Agency
[Consolidated.] J. Cates-Harman grants summary judgment to the Army Corp of Engineers in this appeal for permitting requirement compensation on its contract to design and build a 600-member Army Reserve Center near Waldorf, Charles County, Maryland. The plain language of the contract clearly states that the contractor was responsible for permits. The contractor cannot shift unexpected costs to the government under a constructive change theory as it cannot show that additional work was ordered. Rescinded unilateral modifications were mistakenly issued, with the government overpaying $418,406. The Army Corps of Engineers is entitled to recoup this.
Court: Armed Services Board Of Contract Appeals, Judge: Cates-Harman, Filed On: August 11, 2023, Case #: 62972, Categories: Government, Military, Contract
J. Dorsey enters final judgment on claims of negligent misrepresentation in favor of a merchant services provider who retained a payment processing firm that failed to transition to the latest chip authenticator technology as promised. The court bases its decision on the testimony of five witnesses and “voluminous exhibits” proving that the payment processor negligently misrepresented that it would have a software solution by a compliance deadline. Judgment is entered in favor of the payment processor on all other claims, and the merchant services provider is awarded $1 because the processor's action arose from bad business practices rather than an intent to injure or out of conscious disregard.
Court: USDC Nevada, Judge: Dorsey, Filed On: August 11, 2023, Case #: 2:18cv394, NOS: Other Contract - Contract, Categories: Fraud, Business Practices, Technology
J. Moody rules in part for police defendants in civil rights and wrongful death claims. The decedent was an innocent bystander to a high speed police chase that resulted in his death, but evidence does not indicate officers acted in an unreasonable manner. Meanwhile, remaining state law claims should be heard in that venue.
Court: USDC Northern District of Indiana, Judge: Moody, Filed On: August 11, 2023, Case #: 2:21cv318, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Wrongful Death