132 results for 'filedAt:"2023-08-21"'.
J. Gettleman grants a homeowner’s motion to certify a class action against a property owners association, its management firm and its legal counsel, finding he has suitably alleged that a class of homeowners like himself were hoodwinked into paying assessments that the property owners association had no right to collect.
Court: USDC Northern District of Illinois, Judge: Gettleman, Filed On: August 21, 2023, Case #: 1:17cv8055, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Property, Class Action
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J. Robinson grants a State department of corrections center's motion to dismiss a former employee's claims that it fired him over his religious beliefs. The corrections center sufficiently showed in court that the former employee, who was a probationary worker, was let go for refusing to behave in the workplace.
Court: USDC Kansas, Judge: Robinson , Filed On: August 21, 2023, Case #: 6:23 cv 1081, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Melloy finds a lower court properly denied a citizen of South Africa's motion for withholding of relief. The citizen of South Africa argued that her request falls under the Convention Against Torture. However, the government presented evidence in court that she is removable for her participation in an identity theft scam, along side her mother, which resulted in the California Employment Development Department suffering major monetary losses as a result of the duo fraudulently using 50 personal identifications. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: August 21, 2023, Case #: 22-1739, Categories: Immigration, Identity Theft
J. Frisch reverses the defendant's sentence for drug and firearm-related offenses, finding that he did not expressly or implicitly waive his right to counsel after dismissing his existing counsel, and so should not have been required to proceed pro se at his sentencing hearing. The district court did not advise the defendant of the consequences of discharging his counsel or proceeding pro se at the sentencing. Reversed.
Court: Minnesota Court Of Appeals, Judge: Frisch, Filed On: August 21, 2023, Case #: A22-1333, Categories: Drug Offender, Sentencing, Self Representation
J. Wheelock reverses the district court's order vacating the Office of Administrative Hearings' approval of a city's annexation of a portion of an adjacent township by joint resolution and requiring an evidentiary hearing and factual findings. The Minnesota statute setting forth the Office's powers in annexation proceedings does not impose an independent hearing requirement, and its lack of comment was not grounds for the district court to decline review. Reversed.
Court: Minnesota Court Of Appeals, Judge: Wheelock, Filed On: August 21, 2023, Case #: A23-0048, Categories: Administrative Law, Municipal Law
J. Tostrud partially grants the employer and its fiduciary investment committee and directors' motion to dismiss the former employees' suit alleging that the employer's 401(k) and profit-sharing plan was mismanaged. Claims relating to allegedly excessive recordkeeping expenses and management fees and to underperforming funds are dismissed, along with a breach of duty of loyalty claim. Claims derived from allegations that the plan's fiduciaries invested in unnecessarily expensive share classes survive, as does one that alleges that the employer and its board failed to monitor the performance of the plan committee.
Court: USDC Minnesota, Judge: Tostrud, Filed On: August 21, 2023, Case #: 0:22cv415, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty
J. Fleming grants the lender's motion to dismiss, ruling that because the lead plaintiffs' claims involve only mortgages on Ohio properties and none of the individuals sustained damages outside the state, they cannot bring a nationwide class action. Additionally, there are no allegations in the complaint the relationship between the parties was anything more than that of a typical lender-borrower, which requires dismissal of the fiduciary duty claim.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: August 21, 2023, Case #: 1:22cv1392, NOS: Other Contract - Contract, Categories: Fiduciary Duty, Banking / Lending, Class Action
J. Codrington finds that the public entity owner of a property where an off-road motorcycle rider was injured is entitled to governmental hazardous recreational activity immunity. Statute specifically cites off-road motorcycling of any kind as a hazardous recreational activity, and the failure to warn exception does not apply because the cable fence the rider hit did not pose a substantial risk to people using the property with due care. Affirmed.
Court: California Courts Of Appeal, Judge: Codrington, Filed On: August 21, 2023, Case #: E078037, Categories: Immunity, Negligence
J. Kleeh denies the former landsman’s motion for summary judgment in his breach of contract suit against the Texas professional land management limited partnership claiming after contracting with him in 2012 to open and operate its West Virginia office, the managing member defrauded him out of an equity interest in the partnership. The court finds since he failed to demonstrate how Texas had “a more significant relationship to the transaction, the parties, or their business arrangement” the presumption is West Virginia law applies to the landsman’s fraud and unjust enrichment claims since that is where he performed his duties.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: August 21, 2023, Case #: 1:22cv7, NOS: Other Contract - Contract, Categories: Fraud, Jurisdiction, Contract
J. Reiss grants in part and denies in part Old Navy's motion to exclude testimony from the individual's expert witness. Old Navy employees allegedly falsely accused the individual of shoplifting and stated he was acting as if he was under the influence of drugs or alcohol, for which the individual claimed discrimination and false detainment. While the expert's opinion that the individual suffers from PTSD is inadmissible, the remaining aspects of his opinion may be addressed with cross examination.
Court: USDC Vermont, Judge: Reiss, Filed On: August 21, 2023, Case #: 2:21cv155, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Experts
J. Colvin finds that the trial court properly convicted defendant of murder and other related offenses. Sufficient evidence was presented to support defendant's convictions and to allow the jury to find that defendant caused the victim's death by firing the fatal bullet at a van. Affirmed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: August 21, 2023, Case #: S23A0588, Categories: Murder
J. Underhill denies, in part, the revenue department employees' motion to dismiss, ruling proof of an injury to one's marital relationship is not required to bring a plausible claim for infringement of the right to familial association, and so the husband's claim of retaliation stemming from the termination of his wife after he provided legislative testimony critical of the department may proceed.
Court: USDC Connecticut, Judge: Underhill, Filed On: August 21, 2023, Case #: 3:21cv1372, NOS: Other Civil Rights - Civil Rights, Categories: Government, Employment Retaliation, First Amendment
J. Burns finds that the lower court properly entered two orders relating to the supersedeas bond in this case. The court did not abuse its discretion by ordering "that certain trust assets be placed in the trial court's register" or by increasing the amount of the bond. Affirmed.
Court: Texas Courts of Appeals, Judge: Burns, Filed On: August 21, 2023, Case #: 05-23-00088-CV, Categories: Civil Procedure, Damages
J. Bethel finds that the trial court properly dismissed defendant's extraordinary motion for a new trial following his murder conviction. However, the trial court incorrectly construed the motion as one for an out-of-time appeal. An extraordinary motion for new trial is not the proper vehicle for ineffective assistance of counsel claims because an alternative remedy exists in the form of habeas corpus. Affirmed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: August 21, 2023, Case #: S23A0892, Categories: Ineffective Assistance, Murder
J. Howard partially grants the competitor's motion to dismiss a patent infringement action brought by the company and transfers the case from the U.S. District Court for the Middle District of Florida to the U.S. District Court for the Northern District of Georgia. The competitor has a policy allowing employees to work remotely. Although the home offices of the competitor's employees constitute a physical location in which the competitor's business is carried out, there is insufficient evidence to show that the employees' homes are actually places of business of the competitor.
Court: USDC Northern District of Georgia, Judge: Howard, Filed On: August 21, 2023, Case #: 1:23cv3730, NOS: Patent - Property Rights, Categories: Patent, Venue
J. Ellington finds that the trial court properly convicted defendant of murder. Sufficient evidence was presented to support defendant's conviction and to show that defendant's shooting of the victim was not justified. The trial court correctly instructed the jury and was not required to send written instructions out with the jury. No juror voiced any concern about having difficulty hearing during the jury charge even if the transcript notes that parts of the charge were inaudible to the court reporter due to construction or other noise. Affirmed.
Court: Georgia Supreme Court, Judge: Ellington, Filed On: August 21, 2023, Case #: S23A0647, Categories: Murder, Jury Instructions
J. Kobayashi partially grants summary judgment to the Hawaii State Department of Health employees in this lawsuit alleging violations of the Individuals with Disabilities Education Act and the Rehabilitation Act, as well as medical malpractice, stemming from an alleged change in the son's educational placement. As to the parents' claim under IDEA, they failed to exhaust their administrative remedies, and in any event, the Department of Education is responsible for a "free appropriate public education." The court also declines to exercise jurisdiction over their medical malpractice claim.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: August 21, 2023, Case #: 1:21cv455, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Jurisdiction