135 results for 'filedAt:"2023-09-07"'.
J. Glickman rules a group of former IT workers with the House of Representatives can only pursue their defamation claims against the publisher of “Obstruction of Justice: How the Deep State Risked National Security to Protect the Democrats,” which details an investigation into their alleged violations of House rules and crimes related to IT security. The trial court should have dismissed, under the Anti-SLAPP Act, their claims for emotional distress, because there is insufficient evidence the publication amounted to outrageous conduct, and unjust enrichment claim, as this equitable remedy is not available in this case. Reversed in part.
Court: DC Court of Appeals, Judge: Glickman, Filed On: September 7, 2023, Case #: 22-CV-0004, Categories: Defamation, Emotional Distress
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J. Fisher reverses an employee relations board's decision to uphold an arbitration award ordering that a police officer be reinstated after the arbitrator found the police department waited to long to serve notice of the disciplinary action. The Comprehensive Policing and Justice Reform Amendment Act of 2022, which was passed during the pendency of this case and applies retroactively, repealed the 90-day rule at issue. Reversed.
Court: DC Court of Appeals, Judge: Fisher, Filed On: September 7, 2023, Case #: 19-CV-1161 , Categories: Arbitration, Employment, Labor
J. Thompson reverses the lower court dismissal of three retired military psychologists’ defamation action against the American Psychological Association and an attorney for their publication of a report that accused them of colluding with the Department of Defense to implement interrogation techniques that would not be restricted by APA ethical guidelines. The Home Rule Act precludes the application of the D.C. Anti-SLAPP
Act in this case. Reversed.
Court: DC Court of Appeals, Judge: Thompson, Filed On: September 7, 2023, Case #: 20-CV-0318 , Categories: Anti-slapp, Defamation, Military
J. Lanza rules a former executive director of a senior living center may pursue Arizona Employment Protection Act claims against it. The former director sufficiently showed in court that he was terminated for reporting violations of an unsafe workplace following a flood of the building's facilities, and not for carrying an outdated fingerprint clearance card.
Court: USDC Arizona, Judge: Lanza, Filed On: September 7, 2023, Case #: 2:22cv1601, NOS: Employment - Civil Rights, Categories: Employment, Health Care, Negligence
J. Richard Nelson denies the former employee's motion to dismiss the employer's claims against him related to his separation from the employer following the sale of his business to the employer. The employer's conversion, civil theft, unjust enrichment and unfair competition claims are not displaced by the Minnesota Uniform Trade Secrets Act since they are not based solely on misappropriation of trade secrets. The employer has also adequately pleaded a common-law duty of confidentiality, and the independent duty rule does not apply since the parties do not have an outstanding contract.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: September 7, 2023, Case #: 0:23cv614, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Conversion
Per curiam, the Supreme Court of Ohio finds the court of appeals properly dismissed the inmate's petition for a writ of mandamus to compel the trial court to issue a final, appealable order. He had an adequate remedy via making his request to the trial court and then appealing any adverse decision. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 7, 2023, Case #: 2023-Ohio-3114, Categories: Criminal Procedure
J. Black grants the consumer's motion for default judgment, ruling she is entitled to more than $11,000 in statutory damages, attorney fees and actual damages for the debt collector's conduct, none of which is contested, including several phone calls and threats of a lawsuit over a debt that was time-barred.
Court: USDC Southern District of Ohio, Judge: Black, Filed On: September 7, 2023, Case #: 1:22cv384, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Damages, Attorney Fees
Per curiam, the appellate division finds that attorney Paul Wei-Han Ng may be reinstated following his January 2014 suspension for failing to meet registration requirements because Ng complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: September 7, 2023, Case #: PM-203-23, Categories: Attorney Discipline
J. Gordon McCloud finds that the lower court properly dismissed a suit from a school district that alleged the state did not provide it with enough funding to take care of the district's facilities and infrastructure. The district asked the state to pay the costs of rebuilding the district's elementary, middle and high schools, which would be roughly $50 million in construction costs. Under state law, construction costs are treated differently then other education-related expenses and local districts are given flexibility to raise funds for those costs themselves. The state, as a result, is not legally required to fully fund those needs. Affirmed.
Court: Washington Supreme Court, Judge: Gordon McCloud, Filed On: September 7, 2023, Case #: 101052-4, Categories: Education
J. Chesney allows consumer warranty claims to continue against Honda over claims that its 2016-2020 Honda Civic and Accord cars have defective "infotainment" systems, such as defective navigation systems and display screens. There is enough evidence on the record to sufficiently allege that certain defects are widespread and problematic enough to continue the suit, while a handful of other claims are tossed for being time-barred.
Court: USDC Northern District of California, Judge: Chesney, Filed On: September 7, 2023, Case #: 3:22cv6625, NOS: Other Fraud - Torts - Personal Property, Categories: Vehicle, Warranty, Class Action
Per curiam, the Supreme Court of Ohio finds the court of appeals properly granted the union's request for a writ of mandamus and statutory damages following a city's refusal to provide certain requested records. The union's request for all emails exchanged between two specific city employees over a specific period of time satisfied particularity requirements of the Ohio Public Records Act and required the city to promptly provide the requested information. Affirmed in part.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 7, 2023, Case #: 2023-Ohio-3112, Categories: Government, Public Record, Damages
J. Summerhays grants summary judgment to a Mississippi-based oil and gas company on its request that a surplus line insurer provide indemnification against an adverse Texas court judgment. The ruling finds that the insurer’s withdrawal of coverage as to the claims against the energy company constitutes a breach of the policy’s insuring agreements. Despite “vehement” arguments by the insurance company, its request to dismiss the energy company’s suit is rejected “in all respects.”
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: September 7, 2023, Case #: 6:22cv2012, NOS: Insurance - Contract, Categories: Fraud, Insurance, Indemnification
J. Lagesen finds the juvenile court properly terminated a father’s parental rights after finding him unfit. The father has made “insufficient progress in addressing his ongoing substance abuse issues” and has no plan for the child’s reintegration into his care. Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: September 7, 2023, Case #: A179555, Categories: Family Law
J. Sannes dismisses a motion for spoliations sanctions filed by the defendants in a case that seeks liability under CERCLA for the costs addressing a petroleum contamination at a former metal recycling plant in Utica, New York. During litigation, it was discovered that the litigant ordered the destruction of more than 23,000 pounds of documents containing historic records related to the facility, which the court determined was grounds for sanctions. However, the court finds the defendants’ request to dismiss its remaining state law claims, plus a $2.3 million monetary sanction, to be too drastic a penalty, recommending a smaller award for attorney fees based on the time their respective counsels spent to uncover, investigate and litigate the spoliation.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: September 7, 2023, Case #: 6:16cv1523, NOS: Environmental Matters - Other Suits, Categories: Environment, Evidence, Sanctions
J. Rovner finds that the lower court properly sentenced defendant to 65 months in prison for money laundering related to drug transactions. An error in the pre-sentencing report did not prejudice defendant, and the court reasonably denied his request for a minor role downward adjustment on his offense level. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: September 7, 2023, Case #: 22-2349, Categories: Sentencing, Money Laundering
Per curiam, the court of appeals finds that the lower court improperly granted an insurer summary judgment in claims stemming from a car collision. The insurer contends the injured passenger falsified employment status on insurance forms, but his inaccurate rendition may have been precipitated by memory problems caused by a head injury he sustained in the accident. Reversed.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: September 7, 2023, Case #: 361880, Categories: Fraud, Insurance
J. Shea grants the governor and other officials' motion to dismiss, ruling the disabled students lack standing to bring declaratory judgment claims for the state's closure of public schools during the Covid-19 pandemic because they seek only to redress past harms and allege no imminent or future injury. Meanwhile, all of the claims brought under the Individuals with Disabilities Education Act must be dismissed either for a failure to exhaust administrative remedies or a failure to plead a plausible claim, given the disabled students were treated the same as non-disabled students and the system-wide change to homeschooling did not constitute a change in educational placement under the Act.
Court: USDC Connecticut, Judge: Shea, Filed On: September 7, 2023, Case #: 3:21cv1431, NOS: Education - Civil Rights, Categories: Education, Jurisdiction, Covid-19
J. Restani dismisses the individual plaintiffs' federal claims alleging due process violations in connection with the procedures used by the defendant judges to collect "costs, fines, and fees" associated with criminal proceedings. The claims are constitutionally moot, as neither plaintiff has any outstanding debt before the state court. Also, the court notes that steps have been taken "to address the risk of constitutional violations."
Court: USDC Northern District of Oklahoma , Judge: Restani, Filed On: September 7, 2023, Case #: 4:19cv234, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Due Process
J. Pitman mostly denies a motion for summary judgment in a complex contract dispute between several parties over investment and real-estate deals that went sour. The investors seeking summary judgment are right that they cannot be sued for fraudulent inducement due to waivers included in relevant contracts, but those suing can still bring other claims, including breach of contract claims and other claims of fraud.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: September 7, 2023, Case #: 1:20cv1247, NOS: Other Contract - Contract, Categories: Fraud, Banking / Lending, Contract
Per curiam, the Supreme Court of Ohio finds the court of appeals property dismissed a property owner's appropriation action. The owner was required to file a direct appeal of the zoning board's denial of his request for a permit to place a houseboat on his pond prior to seeking mandamus relief to compel appropriation proceedings. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 7, 2023, Case #: 2023-Ohio-3115, Categories: Civil Procedure, Property, Zoning