122 results for 'filedAt:"2023-09-11"'.
J. Docherty partially grants the father's motion to amend a scheduling order and his complaint and grants the county and its employees' motion to amend the scheduling order, but denies the county and employees' motion for a protective order precluding the father from deposing the assistant county attorney who represented the county in a CHIPS case concerning his now-deceased child. The father may amend his complaint to add a negligence claim, but not a claim alleging civil rights violations since that claim would be rendered futile by precedent regarding state-created danger claims involving children removed from, then returned to, abusive environments. He may also add a claim for punitive damages. The father may depose the assistant county attorney, but may only inquire as to her impressions of a particular meeting and to advice she gave that is at issue here. The county and employees have not shown any extraordinary circumstances warranting their proposed amendments to the scheduling order, whereas the father's is "based on a sea-change in Minnesota law."
Court: USDC Minnesota, Judge: Docherty, Filed On: September 11, 2023, Case #: 0:22cv2035, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Civil Rights, Wrongful Death
J. Holmes finds for the commissioner of internal revenue in this tax liability dispute because capitalized interest payments the owner made to the company did not constitute deductible interest payments.
Court: U.S. Tax Court, Judge: Holmes, Filed On: September 11, 2023, Case #: 2023-114, Categories: Tax
J. Urda finds for the commissioner of internal revenue in due process claims because evidence indicates the taxpayer had not complied with payment obligations and that the settlement officer justifiably sustained notice of intent to levy.
Court: U.S. Tax Court, Judge: Urda, Filed On: September 11, 2023, Case #: 2023-115, Categories: Civil Procedure, Tax
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J. Calabretta allows to proceed certain civil rights claims filed by the estate of defense attorney Frank Carson, who were arrested on murder-for-hire charges and held for 17 months, but was later acquitted. The estate has sufficiently pleaded a claim for retaliatory prosecution under the First Amendment and emotional distress, along with certain malicious prosecution claims.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: September 11, 2023, Case #: 1:20cv747, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Emotional Distress, First Amendment
J. Wray finds the two minutes granted to each citizen during committee meetings centered around the developer's applications for zoning permits did not violate their due process rights. New Mexico law does not impose an arbitrary number of minutes for public comment at such meetings. Additionally, while the citizens were not allowed to directly cross-examine the developer's witnesses, they were permitted to present rebuttal evidence throughout the five days of hearings, which also satisfied due process standards. Affirmed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: September 11, 2023, Case #: A-1-CA-40279, Categories: Government, Zoning, Due Process
J. Collins finds that the district court properly granted summary judgment to a number of Indian communities in a long-running case regarding Indian fishing rights in certain waters of Washington state. The dispute involved fishing places in which the Lummi Nation have fishing rights under a 1974 decree over the waters east of Whidbey Island in Puget Sound. The district court correctly held that the Indian communities, the Swinomish, Tulalip, and Upper Skagit carried their burden to warrant a ruling under the decree that the Lummi’s usual and accustomed fishing grounds and stations did not extend to the disputed waters at issue. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: September 11, 2023, Case #: 21-35812, Categories: Native Americans, Water
J. Schreier grants in part an employee's motion to quash in an employment action in which the employee alleges he was subjected to racial discrimination and retaliation. The employee sought the motion to quash a request for subpoenas to his prior and subsequent employers on the grounds that the information sought is irrelevant.
Court: USDC South Dakota, Judge: Schreier, Filed On: September 11, 2023, Case #: 4:22cv4018, NOS: Employment - Civil Rights, Categories: Employment
J. Brown finds that the trial court improperly sentenced defendant to seven years in prison for his burglary conviction. Defendant had prior felony convictions for entering an auto and was therefore subject to the recidivist sentencing provisions of the statute. The case is remanded with direction that the trial court impose the maximum sentence of 25 years. Vacated.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: September 11, 2023, Case #: A23A0792, Categories: Burglary, Sentencing
J. Coulson grants Wells Fargo's motion to partially dismiss a Black branch manager's allegations of race discrimination after it failed to promote him, then fired him. The manager was reportedly absent from his branch multiple times without warning and allegedly pushed one of his staff members, which the bank cites as reasons for his termination. The manager has failed to provide evidence that would lead to the reasonable inference that he was fired due to his race.
Court: USDC Maryland, Judge: Coulson, Filed On: September 11, 2023, Case #: 1:22cv2731, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Hicks dismisses this suit brought by shareholders regarding an oral contract between the corporation's board of directors that contemplated one of the director’s positions and a future stock option purchase. The claims are against the corporation’s directors, though they are masked as claims against individuals, and the corporation's certificate of incorporation contains a forum selection clause that requires the claims to be litigated in Delaware’s Court of Chancery. The shareholder fails to state a claim for relief because he does not allege facts establishing that the parties validly formed an enforceable contract.
Court: USDC Nevada, Judge: Hicks, Filed On: September 11, 2023, Case #: 3:23cv39, NOS: Stockholders’ Suits - Contract, Categories: Securities, Venue, Contract
J. Rubin grants a marketing agency its motion to dismiss a consultant's claim that it owes him $102,000 from a deal he secured on behalf of actor Kevin Hart with Coca-Cola. The agency promised the consultant a certain percentage of what Hart paid it for two commissions with Coke, but the agency claimed it had never received the money from Hart. The consultant also sued the agency for 20 months' salary he allegedly earned but never received, equaling $130,000. However, as the actions being litigated happened in 2013 and 2014, the entire complaint is time-barred under the FLSA.
Court: USDC Maryland, Judge: Rubin, Filed On: September 11, 2023, Case #: 1:22cv3095, NOS: Fair Labor Standards Act - Labor, Categories: Contract, Labor
J. Corley finds that Grubhub must face claims brought by a former delivery driver who says the company mislabeled him as an independent contractor and failed to pay him minimum wage, overtime pay, or fully reimburse him for job-related expenses. A prior ruling found that the employee suffered from minimum wage violations, so he is therefore considered an "aggrieved employee" who is allowed to bring a lawsuit to collect civil penalties under PAGA on behalf of himself and other current or former employees, regardless of what time period he was employed as a driver for Grubhub.
Court: USDC Northern District of California, Judge: Corley , Filed On: September 11, 2023, Case #: 3:15cv5128, NOS: Other Labor Litigation - Labor, Categories: Employment, Class Action
J. Pedersen conditionally grants in part the relators' petition for a writ of mandamus, in which they seek an order compelling the lower court to rule on a Rule 12 motion and to vacate certain other rulings in the underlying wrongful death proceeding. The lower court is directed "to hear and to rule" on the Rule 12 motion to show authority, as well as the hotel's motion for summary judgment.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: September 11, 2023, Case #: 05-23-00425-CV, Categories: Civil Procedure, Wrongful Death
J. Griggsby grants a security firm's motion to dismiss allegations of race, age and disability discrimination brought by a former security officer. The 51-year-old white female officer alleges that her co-workers and supervisors generally discriminated against her, being the only white person on staff, and in particular another officer made rude comments and inappropriate phone calls to her. The officer has not exhausted her administrative remedies and must pursue her injury claim in a Washington, DC court because that is where she works.
Court: USDC Maryland, Judge: Griggsby, Filed On: September 11, 2023, Case #: 8:22cv1176, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Jurisdiction, Employment Discrimination
J. Brennan grants the bank's motion for summary judgment, ruling it had a legitimate reason to fire the female branch manager as part of a reduction in force during the Covid-19 pandemic because she failed to meet sales goals and was in her probationary period. None of the male managers cited performed as poorly as the fired employee; therefore, there is insufficient evidence to support her discrimination claims.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: September 11, 2023, Case #: 1:21cv1436, NOS: Employment - Civil Rights, Categories: Evidence, Covid-19, Employment Discrimination
J. Seymour finds that the lower court improperly denied defendant's motion to suppress evidence that resulted in defendant's drug possession conviction. The drugs were found during a traffic stop that started when defendant was driving illegally in the passing lane, but the officer in question did not have the reasonable suspicion needed to extend the stop or investigate the car for drug trafficking. Reversed.
Court: 10th Circuit, Judge: Seymour, Filed On: September 11, 2023, Case #: 22-1070, Categories: Drug Offender, Search
J. Flanagan grants the University of North Carolina’s motion to dismiss allegations of negligence for not addressing sexual abuse claims brought by a former student and athlete. The alleged abuser was the sports medicine director at the school, and the student — along with others making similar claims — alleges that the director instructed the student to remove his compression shorts during an exam, then directed him onto all fours and touched his crotch and anus, calling it a “massage.” However, before another student notified the police of the alleged abuse by the director on himself, the university claims it had no knowledge of the director’s actions. In 2015 and 2016, other coaches had reported suspected sexual conduct by the director, but no claims were ever confirmed. Despite the fact that the university moved the director to an administrative position a year after the reports, legally it did not have actual knowledge of the director’s behavior.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: September 11, 2023, Case #: 5:23cv44, NOS: Education - Civil Rights, Categories: Education, Tort, Assault
J. Kobes finds a lower court improperly dismissed a casino's request for insurance coverage during the Covid-19 pandemic. The insurance company argued that the casino failed to state a claim. However, the casino presented sufficient evidence in court that it may be entitled to relief because 25 of its employees are Illinois residents. Reversed.
Court: 8th Circuit, Judge: Kobes, Filed On: September 11, 2023, Case #: 21-3815, Categories: Employment, Jurisdiction, Covid-19
J. Sullivan denies, in part, an insurer's motion to dismiss a nurse's claims related to the work she provided in South Africa to injured contractors. She has sufficiently alleged her claim for breach of contract.
Court: USDC District of Columbia, Judge: Sullivan, Filed On: September 11, 2023, Case #: 1:11cv1733, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Health Care, Insurance, Contract
J. Lee finds that the lower court properly sentenced defendant to 300 months in prison for distributing meth, including an obstruction of justice enhancement. The evidence clearly shows that defendant made a phone call instructing an associate to "get the stash out of the house" and hide evidence of drug trafficking after he found out the house was going to be searched. Affirmed.
Court: 7th Circuit, Judge: Lee, Filed On: September 11, 2023, Case #: 22-2131, Categories: Drug Offender, Sentencing, Obstruction
J. Flanagan denies a sports medicine director at the University of North Carolina his motion to dismiss allegations of sexual abuse brought by a former student and soccer player. The student, who is male, had been 17 years old at the time of the allegations. After the student had surgery, the director did things like assisting him in undressing, watching the student shower, giving him deep tissue “sports massages” that left bruising, and handling the student’s genitals without consent or medical need. Because the director did not file a memorandum in support of his motion, and because he did not respond to the student’s opposition to it, the director's motion is denied.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: September 11, 2023, Case #: 5:22cv344, NOS: Education - Civil Rights, Categories: Education, Tort, Assault
J. Clarke finds in favor of the federal government for its claim that the county government office's 1943 contract and 1977 water permit do not allow it to make unauthorized water diversions from Klamath River, and that the water diversion limits the available habitat of the shortnose sucker and other local endangered species. Although the 1943 contract allows the county government office to take a maximum of 27,500 acre-feet of water per year under normal circumstances, there is a valid and legal exception during times of drought, such as what happened in 2022, meaning the county government office violated the terms of the contract.
Court: USDC Oregon, Judge: Clarke, Filed On: September 11, 2023, Case #: 1:22cv962, NOS: Other Contract - Contract, Categories: Environment, Water, Contract