126 results for 'filedAt:"2023-09-22"'.
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Vyskocil denies an employee’s motion to further amend her pleading in her complaint against her employer for allegedly discriminating against her for becoming pregnant and for her subsequent cancer diagnosis. More than two years after the initial filing, she seeks leave to amend and make new allegations that the company pays women less than men; but the employee offers no reasonable explanation for the substantial delay in bringing forth the pay claim. Granting her motion would only serve to further delay resolution of the original complaint.
Court: USDC Southern District of New York, Judge: Vyskocil, Filed On: September 22, 2023, Case #: 1:21cv02644, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Karas grants an insurance company’s motion to dismiss. A consumer was awarded damages associated with an incident where an electronic cigarette battery arced when it came into contact with coins in the consumer’s pocket, causing injury. The consumer alleges breach of contract because the electronic cigarette company’s insurance company has not paid, but the insurance company argues that a products exclusion clause excludes coverage for all bodily injury occurring away from the premises. Because the consumer did not respond to the insurance company’s argument, the consumer abandoned the claim. Dismissed.
Court: USDC Southern District of New York, Judge: Karas, Filed On: September 22, 2023, Case #: 7:22cv8928, NOS: Insurance - Contract, Categories: Insurance, Negligence, Contract
J. Lioi adopts the magistrate judge's recommendation and grants the crossbow manufacturer's motion to hold the competitor in contempt, ruling the competitor's admission it violated the parties' protective order is sufficient to sanction the company in the amount of more than $39,000 for attorney fees and other costs.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: September 22, 2023, Case #: 5:18cv1729, NOS: Other Contract - Contract, Categories: Contempt, Sanctions, Attorney Fees
J. Collins finds that the district court improperly allowed defendants' counsel to elicit the opinions expressed in a police report prepared by the Arizona Department of Public Safety as to the cause of a vehicle collision in a wrongful death trial arising from a collision between a sedan and a tour bus on a U.S. highway within the boundaries of the Navajo Nation reservation. However, the district court properly found in favor of defendants to the extent that it dismissed all claims that had been asserted solely under Navajo law. Affirmed in part.
Court: 9th Circuit, Judge: Collins, Filed On: September 22, 2023, Case #: 20-15908, Categories: Native Americans, Vehicle, Wrongful Death
J. Atchley denies the individual plaintiff's motion for judgment on the record in this case concerning the denial of benefits under a long-term disability insurance policy. The individual was allegedly injured in a motor vehicle accident, and the insurance provider eventually closed her claim when it determined that she could perform less physically demanding work. The company had "a reasoned basis" for its decision, including the opinions of several of the claimant's treating physicians.
Court: USDC Eastern District of Tennessee , Judge: Atchley, Filed On: September 22, 2023, Case #: 1:20cv266, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Insurance
J. Milazzo grants summary judgment to a railroad, dismissing a construction laborer’s claims under a federal law that provides remedies to certain injured railroad employees. The laborer, who fell over 7 feet while climbing a water tank requiring two surgeries to his right knee, was not an employee at the time of his injury.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: September 22, 2023, Case #: 2:22cv258, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Employment, Remedies, Tort
J. Bacon finds claims of partisan gerrymandering are justiciable under the Equal Protection clause of the New Mexico Constitution because such cases involve vote dilution and threaten the right to vote of every citizen in the state, while allowing the judicial system to correct extreme cases of partisanship do not violate the separation of powers doctrine or constitute judicial policymaking. This court and others that consider gerrymandering cases will adopt the three-part test, which includes intent, effects, and causation, and apply intermediate scrutiny to determine whether legislative maps are "egregious partisan gerrymanders" that violate New Mexico's constitution.
Court: New Mexico Supreme Court, Judge: Bacon, Filed On: September 22, 2023, Case #: S-1-SC-39481, Categories: Constitution, Elections, Equal Protection
J. Hyles recommends that the department's and individual's motions to dismiss the grandfather's civil rights action be granted and that the grandfather's preliminary injunction motion seeking to be reunited with his granddaughter be denied. The action arose after the department placed the granddaughter with an allegedly abusive foster parent, refused to allow the grandfather to communicate with her and failed to file reports as to the alleged sexual abuse of the granddaughter. The grandfather failed to effect service on the department or the individual and the claims are barred by the statute of limitations.
Court: USDC Middle District of Georgia, Judge: Hyles, Filed On: September 22, 2023, Case #: 3:23cv22, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Injunction
J. Magnuson grants the vehicle rental company a temporary restraining order enjoining the motorcycle rental agency from auctioning, using, operating or renting any of the former's vehicles, as the vehicle rental company's complaint alleges that the motorcycle rental agency did not pay all sums owed when renting the vehicles. The vehicle rental company demonstrates that the motorcycle rental agency likely breached the contract by continuing to use the vehicle rental company's mark on its websites despite the agreements' termination.
Court: USDC Minnesota, Judge: Magnuson, Filed On: September 22, 2023, Case #: 0:23cv2843, NOS: Trademark - Property Rights, Categories: Trademark, Contract, Injunction
J. Wilson allows plaintiff to continue Monell liability claims contending police officers let their K-9 bite and gnaw on his leg while serving a warrant for his arrest, despite knowing about his history of mental illness. Plaintiff properly pleaded the township was responsible for one officer's actions in his capacity as director of public safety on grounds that he "created an atmosphere" encouraging excessive force "by hanging a gladiator mask in the department and having new hires take a picture with it, designing a t-shirt to be worn at a community event that depicted a skull with guns, and allowing a 'use of force training officer' to hang a cartoon vigilante character's mask in his office."
Court: USDC Middle District of Pennsylvania, Judge: Wilson, Filed On: September 22, 2023, Case #: 1:22cv982, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Trauger partially grants the plaintiff church's motion for class certification in this breach of contract lawsuit against an insurance company. The church has not shown "that common issues would predominate over individual issues" for the entire proposed class, which includes 10 states. The court will accordingly certify a class for plaintiffs in four states, including Arizona, California, Illinois and Tennessee.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: September 22, 2023, Case #: 3:21cv764, NOS: Insurance - Contract, Categories: Insurance, Class Action
J. Chase vacates the trial court’s default judgment in favor of a family member’s negligence action against a doctor for a delay in signing a death certificate. In this case, there was no hearing in open court, no evidence was introduced, and the family member did not provide any live testimony to support that she was entitled to $90,000 in damages. Vacated and remanded.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: September 22, 2023, Case #: 2023-CA-0261, Categories: Evidence, Negligence
J. Sulek finds defendant's confrontation rights were not violated when the victim's statements to police about being held at gunpoint were entered into evidence at his trial on kidnapping charges. The victim made them shortly after she called 911 outside of her apartment and immediately after defendant threatened to return and kill her, which rendered them admissible as part of an ongoing emergency. Furthermore, the trial court properly denied defendant's motion to join the three kidnapping charges, as they involved separate victims, including defendant's girlfriend and her two children. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sulek, Filed On: September 22, 2023, Case #: 2023-Ohio-3403, Categories: Confrontation, Kidnapping
J. Mayle finds the trial court properly admitted into evidence a threatening letter sent to a witness by defendant because his DNA on the envelope and similar handwriting to other documents sufficiently connected him to the letter, while the content of the letter, including details about the case only the perpetrator would have known, rendered it admissible. Meanwhile, although the majority of the evidence against defendant was circumstantial, cell phone data and DNA on the victim satisfied all elements of the kidnapping and murder charges and allowed the jury to convict. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: September 22, 2023, Case #: 2023-Ohio-3409, Categories: Dna, Murder, Kidnapping
J. Talwani partially denies a large clothing retail company’s motion to dismiss Consumer Protection Act claims brought against it via class action for suppressing lower-starred product reviews through a third party. By automatically posting reviews above three stars and forcing reviews of three stars or less to be reviewed before being made public, the company persuaded some customers to buy items they would not have purchased had they seen the real ratings and all reviews of the products.
Court: USDC Massachusetts, Judge: Talwani, Filed On: September 22, 2023, Case #: 1:22cv10603, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Technology
[Consolidated.] J. Byrne finds the trial court properly ruled to terminate a mother's and father's parental rights to their children. The parents acted in a way that placed their children's physical and emotional well-being at risk. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: September 22, 2023, Case #: 03-23-00184-CV, Categories: Family Law
J. Cain grants an insurance company’s request to dismiss a car dealership’s claims for loss of five vehicles under a “commercial crime policy.” A theft ring engaged in identity theft to fraudulently obtain the vehicles by using an online “touchless” purchasing procedure the dealership developed to adapt to the COVID-19 pandemic. The insurer’s crime policy provisions “unambiguously” exclude coverage for a loss resulting from the use of another person’s personal information.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: September 22, 2023, Case #: 2:22cv6024, NOS: Insurance - Contract, Categories: Fraud, Insurance
J. Wolf grants several motions for summary judgment of police officers being sued by a man after they attempted to pull him over for a traffic stop and then entered his home and arrested him. Summary judgment against the man, for his claims of unlawful entry, unlawful seizure and violating the Massachusetts Civil Rights Act, are granted because the officers have qualified immunity.
Court: USDC Massachusetts, Judge: Wolf, Filed On: September 22, 2023, Case #: 1:20cv10660, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, Police Misconduct
J. Stevens finds that the lower court properly denied defendant’s Post Conviction Relief Act appeal challenging his sentencing for the murder of an elderly woman in her home after his girlfriend stole money from the woman’s debit card. Defendant failed to demonstrate that the outcome of the trial would have differed if the duct tape used to cover the woman’s mouth, nose and eyes was tested for DNA evidence. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: September 22, 2023, Case #: J-S28043-23, Categories: Evidence, Murder, Sentencing
J. Hixson finds the lower court properly revoked defendant’s probation. Defendant pleaded guilty to two counts of domestic assault and one count of aggravated assault and received an effective 10-year sentence to be served on supervised probation, but violated the terms of his probation multiple times. On his fourth violation for failing to report and being arrested for domestic assault, the lower court revoked defendant’s probation and ordered him to serve the remainder of his sentence incarcerated. The instant court finds no error or abuse of discretion in the lower court’s actions. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: September 22, 2023, Case #: M2022-00948-CCA-R3-CD, Categories: Probation, Sentencing, Assault
J. McMullen finds the lower court properly convicted defendant of attempted aggravated assault, resisting arrest, disorderly conduct and public intoxication for pulling a knife on a police officer and threatening to cut him, which resulted in a physical altercation. Because defendant had a prior state felony conviction and a federal felony conviction, the lower court found him to be a multiple offender and ordered an effective eight-year sentence to be served incarcerated. Evidence is sufficient to support defendant’s convictions and sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: McMullen, Filed On: September 22, 2023, Case #: M2022-00769-CCA-R3-CD, Categories: Assault, Resisting Arrest, Public Intoxication