164 results for 'filedAt:"2023-08-23"'.
J. Gilstrap grants as modified the motion for attorney fees incurred by the class members for the specified period in connection with enforcement of a consent decree that settled claims of "illegal traffic stops, detentions, searches, and seizures" of members of racial or ethnic minority groups. The class is entitled to $16,020 in fees.
Court: USDC Eastern District of Texas , Judge: Gilstrap, Filed On: August 23, 2023, Case #: 2:08cv288, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Settlements, Attorney Fees
J. Hudson affirms the defendant's conviction for felony domestic assault harm, finding that the state sufficiently proved that the defendant intended to cause harm to his victim, regardless of his claimed belief that his use of force was lawful. The use of force, furthermore, was not lawful self-defense since an "offense against the person" required to make an action self-defense must be an offense carrying the threat of bodily harm, and the district court's use of the word "assault" to describe such an offense in its jury instructions therefore did not change the meaning of the self-defense instruction. Affirmed.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: August 23, 2023, Case #: A20-0361, Categories: Domestic Violence, Self Defense, Jury Instructions
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[Consolidated.] J. Jantz alternately grants and denies multiple motions enumerated across two near-identical opinions, each concerning a nursing home worker who was injured when the elevator she was on unexpectedly fell several stories. Several of the elevator corporation's indemnification and breach of contract claims against the nursing home worker's employer are dismissed, but the corporation is entitled to summary judgment on its failure to procure insurance claim against the employer.
Court: USDC Northern District of Illinois, Judge: Jantz, Filed On: August 23, 2023, Case #: 1:20cv6699, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Insurance, Indemnification, Premises Liability
J. Gilbert partially grants the City of Chicago's motion for a protective order on discovery in this fraud case against a food delivery service. Chicago claims the delivery service failed to abide by a city ordinance requiring it to disclose its commission charges to local restaurants, then illegally passed the increased fees on to consumers when the city placed a cap on how much commission the service could charge restaurants. Chicago is granted a protective order on discovery related to certain affirmative defenses.
Court: USDC Northern District of Illinois, Judge: Gilbert, Filed On: August 23, 2023, Case #: 1:21cv5162, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Business Practices, Discovery
J. Scarsi finds in favor of the casino against the casino player's claim that the County of Los Angeles' deputies and the casino conspired to remove him from the casino's premises after it permanently barred him for violating a rule about not bringing water to the poker table. The casino player offers no evidence to support his argument that the casino and the deputies entered into an agreement to use the latter's authority to violate the casino player's civil rights.
Court: USDC Central District of California, Judge: Scarsi, Filed On: August 23, 2023, Case #: 2:22cv5701, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Covid-19
J. Soto finds that the trial court properly convicted defendant of engaging in organized criminal activity and correctly ruled that a gang unit investigator was qualified to provide reliable expert witness testimony. The investigator was sufficiently qualified to give an expert opinion on whether the motorcycle club was a criminal street gang under the law. The investigator developed his expertise and gang knowledge by attending conferences covering the motorcycle gang, communicating with other law enforcement officers about the gang's alleged criminal activities and interviewing at least one gang member. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: August 23, 2023, Case #: 08-23-00032-CR, Categories: Gangs, Experts
J. Dodge finds that a bartender may sue a hotel that denied her a job after the interviewer found out her drug test would be positive for methadone, which she has been prescribed since 2008 to treat her opioid addiction. An applicant cannot be denied employment over a prescription such as methadone, but evidence remains in conflict; the bartender contends the hotel refused to administer a drug test after she admitted she would not "pass with flying colors," while the hotel contends the bartender refused to take a test.
Court: USDC Western District of Pennsylvania, Judge: Dodge, Filed On: August 23, 2023, Case #: 2:22cv1066, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
[Consolidated.] J. Batchelder finds the trial court properly used the entire amount of money stolen by all of the defendants to establish a base sentencing guideline for each of them. All three coordinated their activities, used the same methods to steal identities and money from several banks, and shared the stolen information amongst themselves, which made each defendant's actions relevant conduct for sentencing purposes. Affirmed.
Court: 6th Circuit, Judge: Batchelder, Filed On: August 23, 2023, Case #: 22-1506, Categories: Fraud, Sentencing, Identity Theft
J. Doughty denies a request by a private security firm to dismiss age-based discrimination complaints by a fired guard who alleges the company failed to act despite knowing his supervisor harassed him, in part, by informing new hire employees that “they are not to listen to anything I have to say because I am old.” Adopting the findings of a magistrate judge’s report, the record indicates the litigant has plausibly alleged sufficient facts for an age discrimination claim.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: August 23, 2023, Case #: 3:22cv6165, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Burroughs partially dismisses the insurance company's racketeering claims against the biohazard remediation services company. To successfully state a claim for racketeering, the insurance company would have to establish a clear distinction between the person or people and the entity involved, beyond just naming the people involved separately if they are the enterprise's employees, agents or affiliates. The remediation services company's counterclaim for commercial disparagement is also dismissed, as the company fails to allege that the insurance company made statements about it knowing that those statements were false.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: August 23, 2023, Case #: 1:22cv11052, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Insurance, Racketeering
[Consolidated.] J. Herman finds that the trial court properly found a mother to be in contempt for not participating in court ordered Dialectical Behavior Therapy and Parent-Child Interaction Therapy. The mother acknowledged, before a doctor's custody evaluation, that she self-reported with borderline personality disorder, PTSD , and anxiety. The expert refuted the mother's contention that she did not participate in Parent-Child Interaction Therapy since her children were "too old" because, when the parties entered into the consent judgment in 2019, the children were at an appropriate age. Further, the appeal of the trial court’s designation of a specific reunification therapist is rendered moot because the therapist has resigned. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: August 23, 2023, Case #: 2023-CA-0309, Categories: Family Law, Contract
J. Sykes finds that the lower court properly denied the employer's motion for judgment on the pleadings in an Illinois Biometric Privacy Act suit. The Illinois Supreme Court answered a certified question from this court and confirmed that a separate claim accrues under the Act each time a private entity scans or transmits an individual's biometric information. Therefore, the employee's lawsuit is timely because her claim did not accrue in 2008 when the company first scanned her fingerprint, but continues to accrue every time she clocks in to work with a fingerprint. Affirmed.
Court: 7th Circuit, Judge: Sykes, Filed On: August 23, 2023, Case #: 20-3202, Categories: Employment, Privacy, Technology
J. Worthen finds the trial court properly terminated the mother’s parental rights, a decision wherein the foster parents, who had been fostering the child for more than 12 months, intervened alleging that the mother’s proposed conservatorship would not be in the child’s best interest. The mother now alleges that the fosters do not have standing to intervene. At the final hearing the mother testified to meth use, that she was living with a male friend who had “been to prison,” had drug-related criminal history, and was recently arrested for driving without a license. The record demonstrates that awarding her custody would result in physical and emotional harm to the child. The trial court did not err in finding the intervenors had standing. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: August 23, 2023, Case #: 12-23-00128-CV, Categories: Evidence, Family Law, Guardianship
J. Joyce finds the trial court erred when it found that a father had willfully neglected, without just and sufficient cause, to provide proper care and maintenance for child during the year immediately preceding the mother’s adoption petition. “Mother failed to prove…that father willfully neglected without just and sufficient cause to provide proper care and maintenance for the child.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: August 23, 2023, Case #: A180312, Categories: Family Law
[Consolidated.] J. Messitte denies a debtor and his wife in forma pauperis regarding filing fees for appeals moved from bankruptcy court. In order to file for chapter 13 bankruptcy, a debtor must prove they have the income to repay their debt over time, so typically, and presently, in forma pauperis is not approved for bankruptcy cases.
Court: USDC Maryland, Judge: Messitte, Filed On: August 23, 2023, Case #: 8:23cv1697, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy
J. Hamilton finds that the lower court properly denied defendant's motion to withdraw his guilty plea to possession of child pornography. A psychological evaluation confirmed that defendant had been competent to plead guilty, and the court reasonably found that he had done so knowingly and voluntarily. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: August 23, 2023, Case #: 22-2366, Categories: Competence, Child Pornography