115 results for 'filedAt:"2023-09-12"'.
J. Finnegan partially grants the airline's motion to compel discovery in this case over whether the airline engaged in discriminatory practices by preferring people of Emirati descent in its employment decisions. The employee is compelled to produce a number of audio recordings, and the associated metadata, of her and other airline employees' conversations.
Court: USDC Northern District of Illinois, Judge: Finnegan, Filed On: September 12, 2023, Case #: 1:21cv1, NOS: Employment - Civil Rights, Categories: Discovery, Employment Discrimination, Aviation
J. Leinenweber partially grants Samsung device users' motion to compel arbitration against Samsung for its refusal to pay filing fees in an underlying Biometric Information Privacy Act suit. The arbitration motion is dismissed as to the 14,335 device users who haven't shown proper venue in the Northern District of Illinois, but arbitration can move forward for those whose proper venue is provably in Northern Illinois.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: September 12, 2023, Case #: 1:22cv5506, NOS: Arbitration - Other Suits, Categories: Arbitration, Civil Procedure, Privacy
J. Gallagher grants default judgment in favor of a female massage client who was sexually assaulted by a male masseuse when he touched her breasts and genitals inappropriately during a massage session. An award of $600,000 in combined compensatory and punitive damages is reasonable.
Court: USDC Eastern District of Pennsylvania, Judge: Gallagher, Filed On: September 12, 2023, Case #: 5:19cv6093, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Settlements, Damages, Emotional Distress
J. Eppich finds a lower court properly dismissed a civilian's wrongful death claims. The civilian, a guardian of a child, argued that the lower court erred in ruling in favor of a City, deciding it was immune from wrongful death claims after a mother was struck and killed by a driver while crossing an unmanned pedestrian walkway, which replaced a monitored school crosswalk. However, the City is immune for liability for the alleged defective crosswalk based on its public entity status. Affirmed.
Court: Arizona Court Of Appeals Division Two, Judge: Eppich, Filed On: September 12, 2023, Case #: 2 CA-CV 2022-46, Categories: Immunity, Negligence, Wrongful Death
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J. Vyskocil grants a government office’s motion for summary judgment in this matter concerning materials requested under the Freedom of Information Act (FOIA). A law firm that brings civil actions on behalf of American victims of terrorism requested information on three entities from the Office of Foreign Assets Control of the the United States Department of Treasury (OFAC). The materials provided to that law were were heavily redacted, and the some documents were withheld altogether with OFAC citing multiple FOIA exemptions and national security as the reason. The law firm argues OFAC inadvertently disclosed that it withheld two publicly available press releases, and the law firm contends OFAC does not understand and potentially misapplied FOIA exemptions. The instant court finds the law firm’s arguments lack merit, and finds that OFAC’s redactions and withholdings are supported by confidential affidavits.
Court: USDC Southern District of New York, Judge: Vyskocil, Filed On: September 12, 2023, Case #: 1:19cv405, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Public Record
J. McMahon grants the Securities and Exchange Commission’s (SEC) motion for summary judgment in this matter of an alleged “pump and dump” scheme. A shareholder was a majority shareholder in a company but was dishonest in disclosing his control of the company, then worked with others to falsely promote and “pump up” the value of the stock, so that they could allegedly sell their shares at the inflated value. The instant court finds the SEC sufficiently supports its argument that the shareholder and associates engaged in deceptive and fraudulent conduct and grants the SEC's motion for summary judgment, and denies the shareholders' motion for summary judgment.
Court: USDC Southern District of New York, Judge: McMahon, Filed On: September 12, 2023, Case #: 1:21cv1772, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
J. Schofield finds jurisdictional issues exist in this matter seeking enforcement of foreign awards. Shareholders in a resort and casino entered into arbitration in response to the resort terminating the Management Services Agreement (MSA) between the parties. The arbitral panel found the resort had breached the MSA by terminating it without sufficient basis and issued a liability award in favor of the shareholders. Because there are genuine issues of material fact regarding personal jurisdiction, cross-motions for summary judgment are denied, as well as the shareholders' motion to confirm the arbitral award.
Court: USDC Southern District of New York, Judge: Schofield, Filed On: September 12, 2023, Case #: 1:21cv2655, NOS: Arbitration - Other Suits, Categories: Arbitration, Enforcement Of Judgments, Jurisdiction
J. Riggs finds that the trial court should have suppressed a firearm discovered in defendant's backpack because defendant did not give the officer permission to search the backpack, and the officer lacked a reasonable suspicion to do so without a warrant. Reversed.
Court: North Carolina Court of Appeals, Judge: Riggs, Filed On: September 12, 2023, Case #: COA22-996, Categories: Firearms, Search
J. Combs finds that the court of civil appeals improperly dismissed the borrower's counter-appeal arising from this foreclosure action. Evidence provided by the borrower supports the trial court's original decision to deny the motion for directed verdict and to submit the issue to the jury. The borrower was in default at the time the mortgage servicer began servicing her loan, in violation of the FDCPA. Reversed in part.
Court: Oklahoma Supreme Court, Judge: Combs , Filed On: September 12, 2023, Case #: 118680, Categories: Banking / Lending, Foreclosure, Attorney Fees
J. Baltodano finds that the trial court improperly granted a father's request that his minor daughters attend public school. He lacks any decision-making authority since his ex-wife has sole legal custody of the children after a finding that he had sexually abused them and an order barring him from any visitation. Vacated.
Court: California Courts Of Appeal, Judge: Baltodano, Filed On: September 12, 2023, Case #: B323428, Categories: Family Law
J. Geraci finds for the city in pro se claims contending a homeowner was falsely arrested and prosecuted for several misdemeanors relating to the unsafe condition of his property. The homeowner failed to establish additional discovery was warranted, and malicious prosecution claims were time-barred. Meanwhile, claims did not allege the prosecutor acted outside ordinary conduct, and the homeowner had been found living in his house after being ordered to stay off the property following a gas leak.
Court: USDC Western District of New York, Judge: Geraci , Filed On: September 12, 2023, Case #: 6:18cv6572, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Discovery
J. Pirtle finds that the trial court properly dismissed the sibling's suit alleging civil conspiracy, tortious interference with contracts, and fraud against his other siblings regarding a dispute over stock purchase agreements and ownership interests in the family farm brought after the deaths of other siblings. Statements regarding the other siblings' notice of prior agreements, as well as general allegations of collusion and fraud, were issues addressed in the underlying litigation. There had been a prior opportunity to litigate the issue, and the elements for issue preclusion are met. There was no abuse of discretion in denying the sibling's motion for recusal as the judge was not assigned to the underlying litigation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: September 12, 2023, Case #: A-22-278, Categories: Family Law, Property, Due Process
J. Doughty grants a pre-trial request by the biological child of a Louisiana resident, finding the state’s “Dead Man Statute” bars her stepmother from introducing text messages and oral conversations with her father regarding a $315,000 Rolls Royce Phantom he allegedly gave to his wife one week before he died. The stepmother unsuccessfully argues that the statute’s hearsay prohibition does not apply to her suit against the stepdaughter for posthumous conversion of the luxury car to cash. The stepmother failed to comply with certain procedural requirements that would allow her to introduce the documents and a video as evidence of her ownership. Further, applying the Dead Man’s Statute to the conversion suit would encourage other Louisiana litigants to “forum shop.”
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: September 12, 2023, Case #: 5:22cv335, NOS: Other Contract - Contract, Categories: Conversion, Discovery, Contract
J. Moeller holds that substantial evidence that charitable donations were directed to victims of a mass stabbing supported the magistrate court's conclusion that a trust had been formed. The trust was within its discretion to make a final distribution and the distribution was reasonable. The magistrate court properly limited evidence to the reasonableness of the method used to distribute the donations. Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: September 12, 2023, Case #: 49678, Categories: Trusts, Due Process
J. Graham grants the state industrial commission's motion for summary judgment, ruling statements from the commissioner, including his feelings that an investigation into a male supervisor was unfair and that some of the women in the department had difficult demeanors, are insufficient to prove any discriminatory intent behind the female attorney's removal as chief legal counsel. Meanwhile, the female attorney's move to an undesirable cubicle and being assigned a new telephone number upon her return to a previous position do not constitute discriminatory or retaliatory behavior that prevented her from doing her job.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: September 12, 2023, Case #: 2:21cv2987, NOS: Employment - Civil Rights, Categories: Evidence, Government, Employment Discrimination
J. Friedland finds that the district court properly denied an environmental group’s motion for a preliminary injunction against the Superintendent of Yosemite National Park, the National Park Service, and the Department of the Interior to stop certain parts of two projects to thin vegetation in Yosemite National Park in preparation for controlled burns. The group sued the Agency under the National Environmental Policy Act, claiming that it was unlawful for the Agency to approve the projects without a full review of their environmental impacts. The projects fall under the categorical exclusion known as the “minor-change exclusion.” Affirmed.
Court: 9th Circuit, Judge: Friedland, Filed On: September 12, 2023, Case #: 22-16483, Categories: Environment
J. Torresen grants in part a paper manufacturer's motion to dismiss class action claims brought against it by homeowners who live near its Old Town mill, which they claim has not been maintained properly, resulting in emissions of harsh rotten egg odors that are a nuisance and have devalued surrounding properties. The homeowners' nuisance claims cannot be dismissed based on their lack of regulatory claims. Whether the mill "has exceeded the standards for sulfur emissions or whether something else has caused the odor problem to worsen are open questions that may become clear after discovery."
Court: USDC Maine, Judge: Torresen, Filed On: September 12, 2023, Case #: 1:22cv305, NOS: Torts to Land - Real Property, Categories: Environment, Tort, Zoning
J. Chuang finds in favor of the county board of education following allegations of race discrimination brought by a former high school math and technology teacher. The board did not choose the teacher, a Black man, after he applied to three different athletic positions in the county. Those chosen were white. The teacher then emailed the public school system, quoting Deuteronomy 25:1-3 and saying, "Do not muzzle the ox that treadeth on the corn." Following this, the school system placed him on paid administrative leave twice and required a psychotherapist's exam to return to work. The follow fall, the teacher did not return and was determined to have abandoned his position. The teacher lacks the sufficient evidence needed to proceed on his claims.
Court: USDC Maryland, Judge: Chuang, Filed On: September 12, 2023, Case #: 8:20cv3471, NOS: Employment - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Conley denies the club's motion to exclude the expert opinion of Thomas Maronick, who has worked as a marketing expert for the Federal Trade Commission, in a lawsuit alleging that the strip club used the models' images without authorization to promote the club. The club argues that Maronick's report is based on flawed methodology because he did not use the promotional materials using the models' images to gauge consumers' perceptions on the images, but Maronick did in fact apply his professional experiences when designing the survey that included the promotional materials and pictures in question.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: September 12, 2023, Case #: 3:21cv657, NOS: Trademark - Property Rights, Categories: Trademark, Experts, Discovery
J. Brown finds that the trial court improperly ruled in favor of the company in an action brought by the property purchaser seeking immediate possession of a billboard. The trial court incorrectly refused to find in favor of the purchaser on the issue of whether he took title to the property subject to a 2006 lease. The 2006 lease was not a renewal of a 1994 lease. The company and the previous property owner entered into a new lease. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: September 12, 2023, Case #: A23A1438, Categories: Property