121 results for 'filedAt:"2023-09-18"'.
J. Blackwell dismisses the permanent residency applicant and her husband's suit seeking to overturn the denial of their application. The District of Minnesota lacks subject-matter jurisdiction to review the denial, and while the husband has standing on the couple's remaining claims, and the Board of Immigration Appeals erred in finding that the husband's 2010 sex-offense and failure-to-register conviction was a "specified crime against a minor," that error was not prejudicial since the circumstances that the couple have alleged disprove "predatory intent" required for such a finding are insufficient to show prejudice. Due process claims are also not adequately pleaded.
Court: USDC Minnesota, Judge: Blackwell, Filed On: September 18, 2023, Case #: 0:22cv1698, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration
J. Gaitas partially reverses the Minnesota Department of Education's decision to terminate the Children and Adult Care Food Program provider's agreement and deny its claims for reimbursement. While the provider has not demonstrated that the reimbursement denials were erroneous, the Department may not terminate a provider's participation in the program without making a finding of "serious deficiencies" in the provider's ability to administer the food program, giving it notice of those deficiencies and allowing corrective action. Reversed in part.
Court: Minnesota Court Of Appeals, Judge: Gaitas, Filed On: September 18, 2023, Case #: A22-0965, Categories: Administrative Law, Covid-19
J. Snyder grants the SEC's motion for default judgment and permanently enjoins a beverage company from future violations of the Securities Act. The SEC alleges that individuals falsely promoted the company to investors, including overstating revenue and falsely claiming that the company had received acquisition offers for hundreds of millions of dollars. The SEC alleges that the individuals misappropriated half of the $15 million that the company raised and used it for personal expenses. In the absence of default judgment, the SEC would have no way to enforce the Securities Act or the Exchange Act against the company and individuals. The SEC has shown that the company is liable for fraud and that it sold stock without filing a registration statement with the SEC.
Court: USDC Central District of California, Judge: Snyder, Filed On: September 18, 2023, Case #: 2:21cv7339, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
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J. Gottschall partially grants the U.S. Secretary of the Department of Veterans Affairs' motion for summary judgment on the former employee's race and national origin discrimination claims. The former employee was born in China and claims she faced physical violence and difficulty getting time off to care for a sick relative due to her race and nationality, and was constructively fired for the same reason. Her claims stemming from her termination and from an allegedly racially-motivated assault by a coworker in 2009 are dismissed, but her suit may otherwise proceed.
Court: USDC Northern District of Illinois, Judge: Gottschall, Filed On: September 18, 2023, Case #: 1:20cv1221, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Cronan finds the instant court lacks subject matter jurisdiction in this matter concerning a consumer claiming negligence against Johnson & Johnson and a contracted manufacturer of Johnson’s Baby Powder. The consumer claims she was exposed to asbestos-contaminated talc as an ingredient of Johnson’s Baby Powder, but Johnson & Johnson argues she ceased using the product before the contract manufacturer ever began making it. Because there are factual disputes regarding timeframes of usage and manufacture, the matter is remanded to the Supreme Court of the State of New York, New York County for further proceedings.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: September 18, 2023, Case #: 1:21cv7222, NOS: Tort Product Liability - Real Property, Categories: Tort, Product Liability, Jurisdiction
J. Foote grants summary judgment to a casino and against its terminated slot attendant, dismissing her disability discrimination claims related to her asthma diagnosis. While the employee did suffer an adverse employment action stemming from her disability, she no longer could perform the essential functions of her job in an environment with second-hand smoke. Because there was no reasonable accommodation, the casino did not have an obligation to continue her employment.
Court: USDC Western District of Louisiana , Judge: Foote, Filed On: September 18, 2023, Case #: 5:22cv543, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Park dismisses a third-party interlocutory appeal for lack of appellate jurisdiction and for failing to satisfy the collateral order doctrine requirements. The appeal "fails to satisfy the requirements of the collateral order doctrine because the denial of a motion to substitute counsel is effectively reviewable after final judgment and does not implicate an important issue separate from the merits of the underlying action."
Court: 2nd Circuit, Judge: Park, Filed On: September 18, 2023, Case #: 22-317, Categories: Jurisdiction
Per curiam, the Supreme Court of Oklahoma reinstates attorney Joshua Welch to the Oklahoma Bar. He has met all procedural requirements, has established by clear and convincing evidence that he has not engaged in the unauthorized practice of law and possesses competency and knowledge of law, and has established that he has good moral character.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: September 18, 2023, Case #: SCBD-7428, Categories: Licensing, Attorney Discipline
J. Greer grants summary judgment to the New Hampshire Insurance Department as to the claims arising from its fertility treatment mandate in this action brought under the Employee Retirement Income Security Act. Also, there is a question of law relating to the state's unfair insurance practices law, and the parties are ordered to file a proposed briefing schedule as to that issue.
Court: USDC Eastern District of Tennessee , Judge: Greer, Filed On: September 18, 2023, Case #: 1:21cv271, NOS: Other Statutory Actions - Other Suits, Categories: Erisa, Health Care, Insurance
J. Moritz grants in part the environmentalists petition to challenge a final rule related to Colorado’s State Implementation Plan for air pollution. The environmental group says the EPA approved the plan despite the fact that the state's permit program excludes all “temporary emissions” and “emissions from internal combustion engines on any vehicle” in determining if a source is subject to the permit process. Under the regulations used by the EPA itself to approve the plan, there is no clear language that would allow for such an exclusion as it relates to temporary emissions. That portion of the final rule is vacated and more proceedings are called for. Remanded.
Court: 10th Circuit, Judge: Moritz, Filed On: September 18, 2023, Case #: 22-9546, Categories: Environment, Agency
J. Manglona finds that the holding company breached a contract with the contracting company after it failed to pay the contracting company for the removal and storage of construction equipment. The oral agreement for the storage was valid as the holding company did not make any action indicating it opposed its employee's authority to make such an agreement.
Court: USDC Northern Mariana Islands, Judge: Manglona , Filed On: September 18, 2023, Case #: 1:20cv6, NOS: Other Contract - Contract, Categories: Contract
J. Chuang partially declines to dismiss allegations of race discrimination and failure to promote brought by two sergeants who are both Black women. The sergeants, both of whom the department demoted without explanation and failed to promote multiple times while hiring white males instead, argue that this is a discriminatory pattern that persists from within. Excepting their claims against two police chiefs for a lack of adequate evidence, the sergeants have argued their case sufficiently and may proceed.
Court: USDC Maryland, Judge: Chuang, Filed On: September 18, 2023, Case #: 8:21cv2171, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Moritz finds that the lower court improperly ruled in favor of land developers after a water company sued to stop the city from granting them water service to a proposed land development. A local statute does not allow cities to encroach on areas already serviced by federally indebted water associations, as long as the associations made water services available to the area. The lower court, however, did not properly determine if those water services were made available before ruling in favor of the developers. Reversed.
Court: 10th Circuit, Judge: Moritz, Filed On: September 18, 2023, Case #: 21-6155 , Categories: Municipal Law, Water
J. Shea grants, in part, the debt collector's motion to dismiss pro se claims, ruling that all claims related to the business credit card account must be dismissed because they do not involve a consumer debt, while the collector's inclusion of the owner of the credit card debts on collection notices does not violate the Fair Debt Collection Practices Act. Additionally, the credit card statements sent by the collector qualify as verification of the debts and so any claims related to verification will also be dismissed.
Court: USDC Connecticut, Judge: Shea, Filed On: September 18, 2023, Case #: 3:23cv116, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Tjoflat finds that the district court properly upheld the bankruptcy court's order denying a motion by the debtor's creditors to disqualify the special litigation counsel and finding that the special litigation counsel's omissions with regard to pre-petition connections with the debtors or creditors did not warrant sanctions. Counsel was not disqualified from representing the trustee due to its pre-petition representation of the real estate investment trust or other entities. Counsel's representation of the investment trust did not create a dispute between the bankruptcy estate and the investment trust or create a circumstance that could be considered a bias against the bankruptcy estate.
Court: 11th Circuit, Judge: Tjoflat, Filed On: September 18, 2023, Case #: 21-10587, Categories: Bankruptcy, Sanctions
J. Miller finds the trial court properly relied on testimony from defendant's community control officer and imposed a prison term. Whether defendant was verbally and physically aggressive at his rehab center was irrelevant; rather, the testimony from the officer was used to establish that defendant was kicked out of the rehab program prematurely, regardless of the reason. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: September 18, 2023, Case #: 2023-Ohio-3297, Categories: Probation, Sentencing
J. Jones denies the attorney's motion to withdraw and to substitute and remove the original named plaintiff from this fair labor standards collective action alleging that the gentlemen's club has failed to pay wages. Though counsel claims that it has become impossible to represent the worker because she revoked his power of attorney, and she concedes that she made such a revocation, she has also indicated that she did not do this freely and wishes to continue working with the attorney. Counsel's reason does not support his motion for withdrawal. Another worker is also added as a named plaintiff.
Court: USDC Nevada, Judge: Jones , Filed On: September 18, 2023, Case #: 3:19cv598, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Contract, Labor
[Modified.] J. Earl replaces the phrase "borders on the ludicrous" with "is not persuasive" and denies a rehearing with no change in judgment. The trial court properly convicted a massage therapist on most of the 16 counts of sexual penetration and sexual battery against him. However, one count of sexual penetration was not supported by evidence, and two counts of sexual battery while unlawfully restraining the victim were supported by evidence, but the trial court should have instructed the jury on a lesser included offense of misdemeanor sexual battery, which lacks the restraint element. Reversed in part.
Court: California Courts Of Appeal, Judge: Earl, Filed On: September 18, 2023, Case #: C095414, Categories: Sex Offender
J. Pedersen finds in this interlocutory appeal that the lower court improperly denied the appellant's dismissal motion by operation of law. The appellant sought to dismiss a counterclaim in this case regarding a will pursuant to the Texas Citizens Participation Act. The appellees failed to demonstrate a prima facie case of their claim regarding the will's in terrorem clause. Accordingly, the case is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: September 18, 2023, Case #: 05-22-00194-CV, Categories: Civil Procedure, Wills / Probate
J. Bell partially denies summary judgment to a police department following race discrimination and hostile workplace allegations brought by a former police officer. The Black male officer claims the department forced him to take frequent drug tests and that two women in HR falsely accused him of being aggressive during a meeting, which led directly to a negative review and decrease in pay. While the officer provides no concrete evidence of race discrimination based on the drug testing, which was random according to the department, he has sufficiently argued hostile workplace and may proceed on this claim.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: September 18, 2023, Case #: 5:22cv32, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Henry finds that an inmate's complaint against the Department of Correction was improperly dismissed. An inmate's acceptance of legal mail does not constitute sufficient evidence that the inmate intended to introduce contraband contained therein into the correctional facility. "Requiring inmates to reject mail from an attorney who is unknown to them or because the envelope has typographical errors, lest they risk discipline for accepting the contents, raises serious concerns with an inmate's constitutional right to counsel." Vacated.
Court: Massachusetts Court Of Appeals, Judge: Henry, Filed On: September 18, 2023, Case #: 22-P-227, Categories: Prisoners' Rights
J. Murphy finds that the lower court properly sentenced defendant on child pornography charges. Defendant was already on supervised release when he was caught in possession of the material stemming from child exploitation violations, and was sentenced to 180 months’ imprisonment. The enhancement used to sentence defendant, given the circumstances of his prior record, was correctly applied. Affirmed.
Court: 10th Circuit, Judge: Murphy, Filed On: September 18, 2023, Case #: 22-3122, Categories: Sentencing, Sex Offender
J. Gonzalez grants, in part, the insurer's motion to dismiss, ruling that because the Medicaid policyholder who was initially denied coverage for surgery in an out-of-state facility is not a party to the contract between Medicaid and the insurer, she cannot seek to enforce it through this action and the contract claims must be dismissed. Additionally, the lack of evidence of a fiduciary relationship between the insurer and the patient requires dismissal of the fiduciary duty claims, especially considering a denial of coverage is not necessarily sufficient to constitute a breach of any fiduciary duty.
Court: USDC New Mexico, Judge: Gonzalez, Filed On: September 18, 2023, Case #: 1:22cv305, NOS: Other Contract - Contract, Categories: Insurance, Medicaid, Contract