169 results for 'filedAt:"2023-08-18"'.
J. Mazzant grants dismissal to the school district and individual defendants in a suit involving alleged physical abuse of a middle school student who had been asked to leave the classroom to calm down after exhibiting "negative behaviors." The state law claims are dismissed for multiple reasons, including lack of jurisdiction and governmental immunity. The Section 1983 due process claim is dismissed for failure to state a claim.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: August 18, 2023, Case #: 4:22cv821, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Tort
J. Crabtree grants Walmart's motion to dismiss two consumers' claims that it racially profiled them by accusing them of theft and false imprisonment. Walmart sufficiently showed in court that it did not deprive them of their civil rights when police officers investigated theft claims against them.
Court: USDC Kansas, Judge: Crabtree, Filed On: August 18, 2023, Case #: 5:22cv4069, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
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J. Jenkins partially grants a bank's motions for summary judgment on a former employee’s ADA and FMLA violation and retaliation claims against it. The former employee claims the bank failed to accommodate her time off needs following a domestic abuse episode, and used her alleged breaches of the bank’s employee ethics standards — showing semi-nude photos of herself texts to coworkers, sending lewd texts and having her fiancé visit her office for an hour with the door closed — as pretext to fire her. The court grants the bank’s motion for judgment on the former employee’s ADA failure to accommodate and FMLA interference claims, but lets her retaliation claims and ADA disparate treatment
claim survive.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: August 18, 2023, Case #: 1:21cv1652, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Jenkins partially grants a pharmacy chain’s motion to dismiss unfair labor allegations brought by a class of call center workers who say the chain compelled them to perform unpaid labor — booting up and shutting down the call center’s computer systems — before the start and after the close of every shift. The court denies the chain’s motion to compel arbitration, finding that the arbitration clause in the workers’ contracts do not extend to the claims they allege here. The court also denies dismissal on personal jurisdiction grounds, finding it is still too early in the case to determine whether the Northern District of Illinois has that jurisdiction. However, the court does dismiss the workers’ overtime law violation allegations without prejudice, finding they have failed to state a claim but could easily do so with an amended complaint.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: August 18, 2023, Case #: 1:21cv5780, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Class Action, Labor
J. Jacobs finds that a lower court properly dismissed defendant's motion to strike a potential juror. Defendant, who was charged with first-degree murder for the shooting death of his girlfriend, argues that juror number eight, a nurse, should be disqualified for impartiality. However, the state presented sufficient evidence in court that juror number eight was able to participate at trial without bias. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Jacobs, Filed On: August 18, 2023, Case #: 1 CA-CR 22-290, Categories: Jury, Murder
J. Swiney finds the lower court properly ordered timely payment of alimony to a husband, but improperly found a wife in contempt. Because the wife failed to make timely alimony payments to the husband, the lower court ordered the bi-weekly payments must be made by 4:45 p.m.; the instant court finds the order to be within the boundaries of the parties Marital Dissolution Agreement (MDA). The husband also alleges that the wife made multiple violations of the MDA and should be held in contempt, and the lower court agreed. But the instant court finds the husband was, or should have been aware of the alleged violations, as they occurred prior to the parties voluntarily entering into the MDA. Because the MDA effectively resolved the issues, the wife is not in contempt. Reversed in part.
Court: Tennessee Court of Appeals, Judge: Swiney, Filed On: August 18, 2023, Case #: E2022-00981-COA-R3-CV, Categories: Contempt, Family Law
J. Boone grants, in part, both parties’ ex parte motions to modify the scheduling order of an employment discrimination action. The parties were engaged in negotiations up to the deadline, trial is not imminent and prejudice is minimal.
Court: USDC Eastern District of California, Judge: Boone, Filed On: August 18, 2023, Case #: 1:22cv594, NOS: Labor/Management Relations - Labor, Categories: Civil Procedure, Discovery, Employment Discrimination
J. Jay finds that the trial court partially erred in some aspects of a marriage dissolution. The trial court failed to make a finding on whether the wife's counsel's hourly rate was reasonable when awarding her $5,700 in attorney fees, and it made an error by basing the husband's monthly child support payments on his gross income instead of his net income. The husband incorrectly argues that there was insufficient evidence to modify the parties' dissolution judgment, in part because of the circumstances of a past stipulation finding modification was warranted for the child's best interest, so that part of his appeal fails. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Jay, Filed On: August 18, 2023, Case #: 22-2607, Categories: Family Law, Attorney Fees
[Consolidated.] J. Bright finds the trial court properly granted the insurer's motion for summary judgment on indemnification claims filed against the principal owners of a construction company. Although the insurer could have attempted to dismiss a lawsuit filed in New York by one of the subcontractors on the hotel project, it was not unreasonable to settle that suit and seek indemnification under the parties' surety agreement. Therefore, because the insurer provided evidence of losses, costs and expenses incurred in connection with the bonds used to finance the construction project, it was entitled to judgment on the indemnification claims. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: August 18, 2023, Case #: AC44836, Categories: Construction, Indemnification, Contract
J. Elgo finds the lower court properly granted the board of education's motion to strike all allegations in the student's complaint on the grounds of governmental immunity. There was insufficient evidence in the record to indicate school officials should have known that leaving the student unsupervised for a short period of time would expose her to imminent harm at the hands of another student. Although the student was an identifiable victim, she and the student who assaulted her were released from a teacher's class at separate times before they ended up in another room unsupervised, which is insufficient to allow the application of the imminent harm exception to governmental immunity. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: August 18, 2023, Case #: AC45354, Categories: Education, Immunity, Negligence
J. MacDonald affirms the granting of an individual’s request for records from a city covered by Right-to-Know Law. While some of the emails the individual requested are deleted, they are on backup tapes which are accessible to the city’s IT Department, and the city’s argument that the backup tapes are not accessible to their assessing department is unpersuasive.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: August 18, 2023, Case #: 2022-0237, Categories: Public Record, Discovery, Technology
J. Smith dismisses this appeal of the district court’s dismissal of the case. The Satanic Temple appealed the court’s denial of its motion for a temporary restraining order against several Texas abortion laws during litigation, and Texas’ health agency moved to dismiss the case, which the court granted. The Temple now says the district court did not have jurisdiction to dismiss. An appeal from a denial of a preliminary injunction does not divest the district court of jurisdiction or restrain it from other steps in the litigation. The court had the power to dismiss despite the pending appeal. To the extent that the Temple wants to litigate issues that were raised in the preliminary injunction motion and remain live, they may do so in their appeal from the district court’s final judgment.
Court: 5th Circuit, Judge: Smith, Filed On: August 18, 2023, Case #: 22-20459, Categories: Civil Rights, Health Care, Due Process
J. Kellum finds that the lower court properly convicted defendant of murder and sentenced him as a habitual felony offender to life imprisonment without parole. Defendant argues there was error in the denial of his motions to remove certain jurors for cause, but any error was harmless, as he used his peremptory strikes to remove the two jurors. Additionally, there was no error in his sentence under the Habitual Felony Offender Act. Affirmed.
Court: Alabama Court of Criminal Appeals, Judge: Kellum, Filed On: August 18, 2023, Case #: CR-2022-0789, Categories: Jury, Murder, Sentencing
J. Epley finds defendant's DUI conviction was based on sufficient evidence, including testimony from the arresting officer about his slurred speech, inability to complete sobriety tests, and his refusal to take a breathalyzer at the scene, which was necessary for the repeat offender conviction. Meanwhile, the trial court properly admitted into evidence a letter sent by defendant to the prosecutor and trial court that contained an admission of guilt and a request he be sent to a treatment program instead of prison because plea negotiations had ended at the time the letter was written and delivered. Affirmed.
Court: Ohio Court Of Appeals, Judge: Epley, Filed On: August 18, 2023, Case #: 2023-Ohio-2894, Categories: Evidence, Dui, Plea
J. Susswein finds that the family court properly enforced a marital settlement agreement and allowed the Jewish beis din proceedings to take place. The husband testified he had not been coerced into signing the agreement and that he had agreed to the obligations under the Jewish beis din proceedings, and yet he had failed to comply with his obligations under the agreement. Affirmed.
Court: New Jersey Appellate Division, Judge: Susswein, Filed On: August 18, 2023, Case #: A-3535-21, Categories: Family Law
Per curiam, the Nebraska Supreme Court finds the district court properly granted the mother some Special Immigrant Juvenile status findings for her child in this marriage dissolution. The couple are Mexican citizens who were married in Mexico and the child was born in Mexico before the family moved to the U.S. for the child’s specialized medical treatment. Certain findings were made as to allegations of abuse by the father and the marriage was dissolved, with custody of the child going to the mother. There was no abuse of discretion in the court’s concluding that there was insufficient evidence to make all requested status determinations. The Nebraska Supreme Court declines to reweigh credibility. An “unsworn, unnotarized declaration” by the mother was properly excluded at the father’s objection to its not being written in Spanish and the court interpreter’s declining to “sight translate” it due to its length and complexity. The mother cannot show prejudice by the exclusion. Affirmed.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: August 18, 2023, Case #: S-22-549, Categories: Family Law, Immigration, Guardianship
J. Miller finds that the district court properly denied a company’s motion to dismiss a complaint filed by the Federal Energy Regulatory Commission (FERC) that sought an order affirming the assessment of a civil penalty against the company and one of its traders for making "unlawful manipulative trades in the California energy market." The company contended that FERC’s federal district court action was untimely, but the claim was within the five-year statute of limitations. Affirmed.
Court: 9th Circuit, Judge: Miller, Filed On: August 18, 2023, Case #: 22-15584, Categories: Energy, Trade
J. Nelson finds that the district court properly entered summary judgment in favor of Nevada prison officials in a matter in which an inmate claims that the officials denied him meaningful access to the courts under the First Amendment. The inmate alleged that the practice of requiring lockdown inmates to use a paging system to request law library materials, instead of physically visiting the law library, deprived him of access to the courts. The inmate could not show actual injury and therefore lacked standing. Affirmed.
Court: 9th Circuit, Judge: Nelson, Filed On: August 18, 2023, Case #: 21-15044, Categories: First Amendment, Prisoners' Rights
J. Peterson denies the city's motion to prevent Monsanto's experts from testifying on the identified opinions in their reports sans their opinions about landfills as a source of polychlorinated biphenyls (PCBs) in litigation alleging that Monsanto and others intentionally manufactured and distributed PCBs that contaminated the Lower Duwamish Waterway (LDW) and the city's stormwater and drainage systems. The experts' remaining identified testimony is relevant to the case. Unlike the opinions about the landfills, the remaining testimony can address the city's public nuisance claim, as the experts opine on how the city or other parties could have contributed to the LDW's contamination.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: August 18, 2023, Case #: 2:16cv107, NOS: Torts to Land - Real Property, Categories: Environment, Experts, Discovery
J. Bianco finds that the district court improperly found for the county in discrimination claims in which a clerk-typist sought reasonable accommodations following a car accident, as well as claims contending she faced retaliation after seeking relief from certain duties. The task of moving boxes of files containing closed criminal cases in order to archive information in a database did not constitute an essential job duty, and thus having someone else do the work on a temporary basis constituted a reasonable accommodation. Meanwhile, fact issues remained in dispute on her retaliation claim.
Court: 2nd Circuit, Judge: Bianco, Filed On: August 18, 2023, Case #: 21-2327-cv, Categories: Employment Discrimination, Employment Retaliation
J. Lyle finds the trial court improperly denied defendant’s petition for relief from his indeterminate sentence of 200 to 600 years. His petition for relief was first made when he was 18 and on trial for the murder of a police officer during a street altercation. Defendant is now 65; the record shows that the sentencing judge did not consider later-changed youthful offender factors in determining the sentence. The appeals court notes that the sentencing court could not have predicted the future of sentencing standards for youthful offenders. Reversed and remanded.
Court: Illinois Appellate Court, Judge: Lyle, Filed On: August 18, 2023, Case #: 1-21-1241, Categories: Murder, Sentencing, Due Process