108 results for 'filedAt:"2023-08-28"'.
J. Richard Nelson partially grants the bank and debt collectors' motion to dismiss the debtor's suit alleging that they attempted to repossess her car with her still inside it. A breach of the peace, such as that alleged, can void a debt collector's present right to possession under Minnesota law and the Fair Debt Collection Practices Act, and the circumstances alleged here could constitute such a breach of the peace. The debtor's FDCPA claim under that theory therefore survives. Her conversion claim, however, is dismissed, as is her trespass-to-chattel claim. Punitive damages claims against the bank and debt collector are dismissed, but one against the towing company which undertook the alleged repossession attempt survives.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: August 28, 2023, Case #: 0:22cv3048, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Contract
J. Bratvold affirms the district court's award of restitution to the murder victim's family and its denial of the murder defendant's motion appealing the restitution award. The defendant's motion was untimely and did not comply with procedural requirements, but the requirements it did not meet were claim-processing rules rather than jurisdictional requirements, and the district court therefore had jurisdiction over the restitution challenge. The district court also did not err in refusing to consider life-insurance proceeds received by the victim's mother in determining her economic loss, since a district court should not consider such proceeds in determining a victim's "amount of economic loss." The district court also did not abuse its discretion in awarding restitution for expenses that postdated the victim's funeral. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Bratvold, Filed On: August 28, 2023, Case #: A23-0126, Categories: Criminal Procedure, Murder, Restitution
J. Fischer denies in part Amazon's motion to dismiss an employee's allegations that Amazon did not provide him with rest breaks, that he was fired after returning from sick leave, was not given a reason, was not paid his final wages, and was harassed, discriminated against and retaliated against by his manager for being Arab and Muslim. The employee is granted leave to amend his retaliation claim, but his other claims are dismissed as time-barred because he did not file the claims within one year of receiving the right-to-sue notice.
Court: USDC Central District of California, Judge: Fischer, Filed On: August 28, 2023, Case #: 2:23cv2489, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation
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J. de Alba grants, in part, a company’s motion to seal in a fraud case. The motion is unopposed and the company includes compelling reasons, such as the need to protect personal identifying information, to seal certain exhibits.
Court: USDC Eastern District of California, Judge: de Alba, Filed On: August 28, 2023, Case #: 1:18cv644 , NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Fraud
J. Stratton finds that the trial court did not err when it dismissed a student's complaint that a teacher grabbed and twisted the student's arm, causing injury. The student's mother did not file a claim with the school district stating that she was seeking damages as a result of the incident. The form the mother filed with the school district stated that she was seeking discipline against the teacher. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: August 28, 2023, Case #: B318012, Categories: Civil Procedure, Assault
J. Khalsa grants the government's motion to dismiss, ruling the employee of the Medicaid health care organization cannot bring suit under the False Claims Act. He was not the primary source of the allegations regarding the company's refusal to refund overpayments, which bars his suit under the public disclosure doctrine.
Court: USDC New Mexico, Judge: Khalsa, Filed On: August 28, 2023, Case #: 1:16cv1148, NOS: False Claims Act - Torts - Personal Injury, Categories: Government, Health Care, False Claims
J. Waldick finds defendant's admission drugs in his home, including fentanyl and marijuana, belonged to him, along with expert testimony regarding the weight of the drugs, was sufficient for the jury to convict him of possession. Meanwhile, testimony from defendant's parole officer was properly admitted because his admission he knew defendant as his parole supervisor was not prejudicial and was used only to establish the reason for his presence at defendant's home on the day the drugs were discovered. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: August 28, 2023, Case #: 2023-Ohio-3039, Categories: Drug Offender, Evidence
J. Rubin partially denies a municipality its motion to dismiss race discrimination allegations brought by a police communications officer, who is a Black man. The department fired the officer after he took a picture of a woman who entered the station where he worked and was behaving strangely. She threw chairs and then laid down on the floor. The officer sent the picture to others in the department through the Snapchat app, and the department fired him shortly thereafter. The officer cites differential treatment compared to his white coworkers who engaged in similar behavior. Although the officer’s claim of retaliation does not hold up because he admits he violated the department’s social media policy, his discrimination claim survives dismissal at this stage.
Court: USDC Maryland, Judge: Rubin, Filed On: August 28, 2023, Case #: 1:22cv2628, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Foley finds the respondent’s counsel admitted that he knowingly submitted a reconstructed document, therefore the parties shall file a revised decision document. “The statutory notice of deficiency is critical to both the adjudicative and settlement processes.”
Court: U.S. Tax Court, Judge: Foley, Filed On: August 28, 2023, Case #: 2023-109, Categories: Settlements, Tax
J. Robart denies the medical technology company's motion to dismiss the patient's design defect and failure to warn claims in her lawsuit alleging that the company's transvaginal mesh contained defects that caused her to experience dyspareunia, the inability to engage in sexual relations. The company argues that the patient does not provide details on how the company caused her injuries or what her injuries are, but her second amended complaint contains over 100 paragraphs describing specific allegations against the company, including what her injuries were and the injuries other women experienced after being implanted with the product.
Court: USDC Western District of Washington, Judge: Robart, Filed On: August 28, 2023, Case #: 2:23cv210, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability
J. Shin vacates the extension of an abuse prevention order because such an order is meant to be used to protect people from abuse from a family or household member, and while the plaintiff and defendant lived together in the same dorm room, they did not prepare or eat meals together or participate in communal activities with each other and there relationship was limited to just sharing a dorm room.
Court: Massachusetts Court Of Appeals, Judge: Shin, Filed On: August 28, 2023, Case #: 22-P-944, Categories: Family Law, Housing, Assault
J. Hicks grants the government’s cross motion for summary judgment in this suit alleging that it violated the National Environmental Policy Act in assessing that its approach to predator damage management in wilderness areas in Nevada with historic grazing allotments would not have a significant environmental impact. The advocacy group’s extra-record declaration contains elaborations of topics thoroughly addressed in the government’s environmental assessment as well as information not presented during the comment period. It does not raise any new subject matter and does not show that the agency, as alleged, overlooked a relevant subject matter. The declaration does not qualify for a “relevant factors” exception.
Court: USDC Nevada, Judge: Hicks, Filed On: August 28, 2023, Case #: 3:21cv508, NOS: Environmental Matters - Other Suits, Categories: Environment, Government
J. Kahn denies summary judgment to Ithaca College and the college’s head football coach on a student’s negligence claims stemming from a concussion he suffered during preseason football practice. The court finds there are genuine disputes as to whether the student was forced to participate in practice sessions that ran beyond the limit for students going through the program’s acclimatization period, which would have exposed him to risks beyond those inherent to the sport.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: August 28, 2023, Case #: 3:21cv459, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Education, Negligence
J. Kelety finds that the trial court still has original jurisdiction over an arbitration award in a contract dispute. While the parties agreed an award would be subject to judicial review, they cannot choose to bypass the trial court and seek appellate review, as the courts are not parties to arbitration agreements. It was error for the trial court to step aside and it must review the arbitration award on the merits. Reversed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: August 28, 2023, Case #: D079967, Categories: Arbitration, Jurisdiction, Contract
J. Crenshaw grants summary judgment to the Department of Veterans Affairs and dismisses the former employee's claims for discrimination, retaliation and hostile work environment. The former employee, a neurologist from Bangladesh, fails to establish a prima facie case of national origin discrimination. Also, his allegations fail to establish a hostile work environment claim.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: August 28, 2023, Case #: 3:21cv107, NOS: Employment - Civil Rights, Categories: Health Care, Employment Discrimination, Employment Retaliation
J. Reidinger denies two motorists their motion to remand a suit they brought against another pair of motorists who collided with their car, causing damage and injuries. The pair who caused the crash removed the case from state to federal district court, and the injured party argues the case should be remanded. However, the pair who injured the other correctly maintains that because the parties are from different states and the amount in controversy exceeds $75,000, the case must remain in the federal district court.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: August 28, 2023, Case #: 1:23cv109, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Vehicle, Jurisdiction
J. Colloton finds a lower court properly remanded an estate representative's wrongful death claims to state court. The estate representative argued that a nursing home failed to prevent his decedent from contracting Covid-19 by failing to quarantine infected residents. However, the court lacks subject matter jurisdiction. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 28, 2023, Case #: 22-2757, Categories: Wrongful Death, Covid-19
J. Kobes finds a lower court properly sentenced a defendant to life in prison for sexual abuse of a child and 20 years for witness tampering. The defendant argued that he was entitled to acquittal based on lack of solid evidence. However, a forensic examiner presented sufficient evidence in court that his minor victims' disclosed that he sexually assaulted them in his mother's basement several times, and even "wrapped his arms" around one of his victim's neck, making it difficult for her to breathe. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 28, 2023, Case #: 22-3467, Categories: Sex Offender, Assault, Child Victims
J. Peterson denies the city's motion to exclude Dr. William Desvousges' second opinion, sans his opinions on Lower Duwamish Waterway (LDW) anglers feeding on certain fish, from the city's lawsuit alleging that Monsanto Co. manufactured and sold polychlorinated biphenyls (PCBs) that contaminated the LDW and the city's stormwater and drainage systems. Desvousges adequately supports his assertion that industrialization and not PCBs limited the LDW's recreational use by citing evidence such as how the city's public utilities strategic advisor managing the LDW sediment program said that PCBs do not prevent recreational fishing.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: August 28, 2023, Case #: 2:16cv107, NOS: Torts to Land - Real Property, Categories: Water, Experts, Discovery
[Consolidated.] J. Nardini finds that the district court properly imposed $312,000 in sanctions against a law firm that filed a mass-action lawsuit on behalf of former wrestlers who contend they suffered traumatic brain injuries and other torts from their time in the WWE ring. Opportunities to amend the action were ultimately dismissed, but the law firm wasted court time and resources by "persisting" in raising allegations that "lacked any factual basis." The WWE requested higher sanctions, but the award amount met the "forum rule" by reflecting prevailing hourly attorney fee rates. Affirmed.
Court: 2nd Circuit, Judge: Nardini, Filed On: August 28, 2023, Case #: 21-3127-cv (L), Categories: Sanctions, Tort, Class Action
J. Grimberg partially grants the city's motion to dismiss a civil rights, assault and battery action brought by the individual arising after the police officer punched her in the eye and tased her as she laid on the ground in handcuffs. The civil rights claims against the officer in his official capacity and against the city are dismissed. Other than a conclusory allegation that the city has an unofficial policy of training officers to use tasers on suspects who do not pose a physical threat, the individual failed to identify any policy or custom of the city's that caused her rights to be allegedly violated. The individual's claims against the officer in his personal capacity and the assault and battery claims against the city may move forward.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: August 28, 2023, Case #: 1:22cv4417, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Fashing grants the government's motion for summary judgment, ruling the supervising nurse cannot establish a prima facie case for gender discrimination because he provides no direct evidence and his only claim of disparate treatment is the agency's decision to allow security to be present for several meetings with a female subordinate. Regardless, the nurse's frequent demeaning behavior toward subordinates and his weeks-long absence for alleged medical conditions for which he provided no documentation gave the government a legitimate reason to fire him, while his retaliation claim also fails because he engaged in no protected activity before his termination.
Court: USDC New Mexico, Judge: Fashing, Filed On: August 28, 2023, Case #: 1:21cv500, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Retaliation
J. Wallach certifies class claims in which shareholders of a banking corporation allege disclosure violations occurred pertaining to compliance with anti-money laundering laws. However, merger arbitrageurs are excluded from the class. Meanwhile, the expert report passed the "Daubert" test, which supports damages theories for purposes of class certification.
Court: USDC Delaware, Judge: Wallach, Filed On: August 28, 2023, Case #: 1:15cv897, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Damages, Experts, Class Action
J. Trapp finds the trial court properly denied defendant's motion to suppress because even if the traffic stop for speeding had been illegal, it would not have allowed for exclusion of the evidence regarding his speed, only any evidence seized in a subsequent search. Meanwhile, defendant's discovery request and motion to suppress each tolled the speedy trial clock; therefore, the trial court did not violate his speedy trial rights when it failed to try him within 30 days of the charge for speeding. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: August 28, 2023, Case #: 2023-Ohio-3017, Categories: Evidence, Speedy Trial, Vehicle