128 results for 'filedAt:"2023-09-25"'.
J. Pallmeyer denies the plaintiff group of mental health patients' motions for summary judgment, and partially grants the defendant staff of a mental health facility's cross-motions for summary judgment. The patients make multiple negligence and liability claims, arguing the staff should have protected them from a social worker who was sexually abusing them. But the court finds the patients have not sufficiently alleged their supervisory liability and due process claims. The court also tosses the patients' failure-to-intervene claim against one staff member, but the same claim against a separate staff member survives.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: September 25, 2023, Case #: 1:17cv7909 , NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care, Negligence
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J. Kim partially grants the Cook County State's Attorney's Office's motion for protection against producing documents in an underlying class action suit against Chicago's controversial use of ShotSpotter crime alert technology. The class has subpoenaed the CCSAO for documents and emails related to a case the office prosecuted on the back of ShotSpotter alerts, only to later drop. The court finds that several of the requested documents and emails are protected, but demands the CCSAO produce the rest.
Court: USDC Northern District of Illinois, Judge: Kim, Filed On: September 25, 2023, Case #: 1:22cv3773, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Discovery, Class Action
J. Vaidik finds that defendant was properly denied ineffective counsel relief from his intimidation conviction based on counsel's failure to challenge the seizure of defendant's computer because police had reason to seize defendant's computers even if they required a second, more specific warrant to search its contents. Affirmed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: September 25, 2023, Case #: 23A-PC-452, Categories: Ineffective Assistance, Search
J. Hess finds the trial court properly denied defendant's request for a jury instruction on the lesser-included offense of negligent assault. Evidence in the record, including eyewitness testimony from several individuals, proved he fired more than one shot at the party and intentionally aimed his gun at the victim, which supported only a felonious assault charge and conviction. Meanwhile, even though several of the witnesses were intoxicated at the time of the crime, the jury was in the best position to determine their credibility, while video evidence also showed defendant with a gun immediately before the shooting. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hess, Filed On: September 25, 2023, Case #: 2023-Ohio-3434, Categories: Firearms, Assault, Jury Instructions
J. Chen preserves for the most part a securities fraud lawsuit against an IT portfolio management company alleging false or misleading statements made in its NASDAQ registration filings concerning its plans to acquire majority stakes in two Chinese-based financial companies as well as the assets of a third company located in Beijing. The shareholders did not simply rehash a market analyst research report that first revealed the misrepresentations for the purposes of their complaint, but had in fact corroborated the report from publicly available sources.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: September 25, 2023, Case #: 1:21cv6461, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment in favor of the U.S. Postal Service in this sex and age discrimination claim brought by the 60-year-old man who was terminated due to unsatisfactory performance evaluations. He could not complete work within the allotted time, resulting in others needing to retrieve and deliver his mail, and to work excess hours. Though a supervisor said, “he should be wearing Cowgirls Pink,” which is improper, it doesn’t establish a hostile work environment claim. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 25, 2023, Case #: 23-10131, Categories: Employment Discrimination, Employment Retaliation
J. Rubin grants a collections agency its cross-motion for summary judgment while denying that of a credit card owner after she claimed that the agency had no right to collect a debt because it did not own the debt. The card owner charged over $15,000 to her card and then claimed Chapter 13 bankruptcy. At this time, the card company sold the debt to the agency, so it does own the debt and rightly seeks to collect it from the card owner.
Court: USDC Maryland, Judge: Rubin, Filed On: September 25, 2023, Case #: 1:22cv213, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Duncan finds the district court properly dismissed the Louisiana inmate’s civil rights claims with prejudice. The inmate was assigned to restrictive custody, or segregation, and attempted escape due to “objectionable conditions.” The restrictive confinement does not impose atypical and significant hardship in relation to ordinary prison life, and there is no constitutional claim available for this. The inmate was allowed exercise, food, medical care and visitations. Affirmed.
Court: 5th Circuit, Judge: Duncan, Filed On: September 25, 2023, Case #: 22-30475, Categories: Civil Rights, Prisoners' Rights
J. Brodie finds in partial favor of the general contractor that helmed a construction project at the Southwest Brooklyn Marine Transfer Station and declares an HVAC subcontractor's insurance provider has a duty to defend it in connection with a state court workplace injury action. However, the insurer of a solar energy installation subcontractor is not required to defend the general contractor, as it was not responsible for the underlying accident and therefore its additional insured coverage was not triggered.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 25, 2023, Case #: 1:21cv1089, NOS: Insurance - Contract, Categories: Insurance
[Consolidated.] J. Ryu allows some civil rights and wrongful death claims to continue against Alameda officials stemming from the death of a man that asphyxiated after officers handcuffed him and placed their weight on him for several minutes. The city provides no argument for why decedent was detained for possible theft after investigation of that offense had ceased. Also, a reasonable jury could find that keeping decedent pinned down while handcuffed for nearly four minutes until he became unresponsive constituted lethal force.
Court: USDC Northern District of California, Judge: Ryu, Filed On: September 25, 2023, Case #: 4:22cv718, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. Grimberg grants the distributor's motion for default judgment in an action against the bar to recover for the unauthorized interception and exhibition of a copyrighted fight program. The distributor sufficiently alleged that the bar received the program through an unauthorized cable system, streamed it through the internet to display for patrons and failed to pay a commercial licensing fee. Statutory damages are awarded to the distributor in the amount of $3,500. The distributor is entitled to $2,400 in attorney fees.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 25, 2023, Case #: 1:22cv1248, NOS: Cable/Sat TV - Other Suits, Categories: Damages, Attorney Fees
J. Gonzalez terminates a court-ordered stay and subsequently dismisses a property owner's takings and equal protection claims alleging a village located on the northern shore of Long Island wrongfully denied her applications to build a fence across a portion of a private path on her property that residents are using to travel between two public roads. Both claims are untimely and she fails to rebut the village's arguments that the proposed fence would create health and safety issues for the village's residents.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: September 25, 2023, Case #: 2:20cv3298, NOS: Other Civil Rights - Civil Rights, Categories: Municipal Law, Property, Equal Protection