109 results for 'filedAt:"2023-10-13"'.
J. Smith finds the trial court properly convicted defendant for sex trafficking of a child. Defendant met the 16-year-old victim online and invited her to smoke marijuana. He checked her into an extended stay hotel after she complained of her home life, so he kept her drunk and high, had sex with her and “pimped” her out. She left the hotel and told her mother of being trafficked. Forensic evidence and evidence from a police lineup support the conviction. The jury did not need expert testimony to interpret electronically extracted evidence taken from defendant’s cell phone. Affirmed.
Court: 5th Circuit, Judge: Smith, Filed On: October 13, 2023, Case #: 22-10316, Categories: Evidence, Sex Offender, Child Victims
Per curiam, the Fifth Circuit finds the district court properly granted the offshore oil and gas business’ motion for summary judgment in Lloyds’ intervenor complaint seeking to recover maintenance and cure benefits paid to an injured seaman. Lloyds is responsible for payments under a protection and indemnity policy under which the business is an assured. Because the vessel upon which the injury occurred was engaged in its “intended operations” at the time of the injury and the limitation on the waiver of subrogation does not apply, Lloyds waived its subrogation rights. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 13, 2023, Case #: 22-30371, Categories: Insurance, Maritime, Tort
J. White finds that a misleading marketing class action against Arizona Beverages must remain in California, even as the popular drink company seeks judgment on similar claims in a Missouri court. While both cases’ allegations and legal theories are essentially the same, there are no pending claims for relief on behalf of California consumers in the Missouri litigation. Because Arizona has already filed a motion for judgment in the Missouri case, it is unlikely that an additional amendment to expand claims on behalf of the putative “Nationwide Class” is forthcoming.
Court: USDC Northern District of California, Judge: White, Filed On: October 13, 2023, Case #: 4:22cv9108, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Jurisdiction
J. Bucklo grants an exotic dancer’s motion to dismiss breach of contract and specific performance counterclaims, which her former employer, a strip club, has brought against her. The court also denies the strip club’s motion to remove the exotic dancer as the representative of the putative class pursuing this labor action against it. The dancer, speaking for her class, claims the club wrongly classifies its workers as contractors rather than employees in order to deny them fair pay and benefits, and forces them to hand over a portion of the tips they earn on the job. The club countered that the dancers breached their contracts by failing to accurately record all their tips, but the court finds the club has not shown it has suffered any material harm from this alleged omission. The court also finds the club has not put forward a sufficient reason to exclude the dancer as her class representative.
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: October 13, 2023, Case #: 1:20cv5321, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
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J. Baker grants, in part, an individual’s ex parte application for a 90-day extension for his motion for class certification in a labor and wage case. The parties have conferred and been collaborative, and it is possible certain requests for additional discovery and depositions could not have been anticipated.
Court: USDC Eastern District of California, Judge: Baker, Filed On: October 13, 2023, Case #: 1:21cv1084, NOS: Employment - Civil Rights, Categories: Employment, Discovery
J. Richardson denies the plaintiffs' second request for a preliminary injunction in this lawsuit asserting violations of the Tennessee Open Meetings Act and Section 1983. The plaintiffs, which include a high school student and her father, seek an injunction requiring the defendant book review committee "to publish adequate public notice of its meetings in advance of them." However, they fail to demonstrate a likelihood of success on the merits, as the committee's "gatherings" are unlikely to be considered "meetings" under the Act.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: October 13, 2023, Case #: 3:23cv181, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Public Record
Per curiam, the Vermont Supreme Court finds the trial court properly terminated a father’s parental rights to his daughter. The evidence supports a finding that the father’s stagnation was due to his choices within his control. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: October 13, 2023, Case #: 23-AP-176, Categories: Family Law
J. Hicks denies a request by a nonprofit health care agency to exclude the expert testimony of a physician who treated a fired employee for physical pain and severe depression allegedly related to a physical workplace confrontation leading to her claims of racial bias, retaliation and vicarious liability against her ex-employer. The exclusion of the doctor’s testimony is not warranted. However, he may only testify to his personal knowledge obtained from examining and treating the woman. Any other opinions are specifically excluded and prohibited as he did not submit a report as required by rule.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: October 13, 2023, Case #: 6:22cv962, NOS: Employment - Civil Rights, Categories: Evidence, Experts, Employment Discrimination
J. Quinn finds that the lower court properly terminated the parental rights of the mother and the father to their three children. On appeal, the mother challenges the sufficiency of the evidence supporting the lower court's best interest finding. However, the evidence shows that the mother did not complete the services required, or maintain stable housing or employment. Also, both parents continued to use illegal drugs. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: October 13, 2023, Case #: 07-23-00218-CV, Categories: Evidence, Family Law
J. Goldman finds the trial court improperly convicted defendant for murder. According to various testimonies, a man who was “shooting up” in a truck outside defendant’s home was killed through actions of several people, including stabbing, kicking and stomping. The trial court did not consider defendant’s youth in assessing whether he formed the requisite mental state for conviction. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: October 13, 2023, Case #: A161815, Categories: Evidence, Murder, Due Process
Per curiam, the Vermont Supreme Court finds the Employment Security Board properly upheld the dismissal of the employer’s administrative appeal for being untimely. The employers waived their claims by not seeking an extension of time to explain their failure to respond to the motion to dismiss.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: October 13, 2023, Case #: 23-AP-145, Categories: Employment
Per curiam, the Vermont Supreme Court finds the trial court properly terminated the parents’ parental rights to their children. The evidence supports the finding regarding the father’s stagnation was due to his choices within his control and it is in the best interest of the children. The mother has failed to show any compelling evidence to her appeal claims. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: October 13, 2023, Case #: 23-AP-117, Categories: Evidence, Family Law
J. Lioi grants, in part, the parties' motion for approval of the class action settlement, ruling the single $500 payment to each of the call center employees will adequately compensate them for previously unpaid work performed at the beginning of their shifts and will also avoid protracted litigation.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: October 13, 2023, Case #: 5:23cv86, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
Per curiam, the Vermont Supreme Court finds the family court properly declared two children were in need of care or supervision. The mother argues on appeal there was no evidence to support the court’s statement and that her due process had been deprived. The children witnessed an argument in the home where the father was “waving a gun around” and threating the mother in order for her not to leave the home. The delay between the temporary care order and merits determination for over one year did not violate due process.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: October 13, 2023, Case #: 23-AP-191, Categories: Family Law, Due Process
J. Waterman finds that plaintiff was properly denied the right to represent himself concerning involuntary commitment for self-harm, suicidal threats, and refusing to take medication after assaulting police officers. Plaintiff had no federal constitutional right to represent himself in a civil commitment proceeding and failed to preserve error. Affirmed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: October 13, 2023, Case #: 22-0952, Categories: Constitution, Commitment
J. Albrecht finds that the lower court improperly ruled for the car dealership in a suit alleging that the owner demanded her employer fire her after she returned a vehicle and discharged the debt in bankruptcy. The evidence raises a question of fact about whether the owner leveraged his relationship with the employer to secure the woman's termination. Reversed.
Court: Illinois Appellate Court, Judge: Albrecht, Filed On: October 13, 2023, Case #: 220324, Categories: Tort
J. Papik finds the trial court properly granted summary judgment to the state in this negligence claim arising from the collision of a mower with a picnic table at which a park-goer was seated. The mower slid down a slope, which was wet due to the previous day’s rain. The State Tort Claims Act provides the state immunity from certain claims arising from conditions caused by weather. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik, Filed On: October 13, 2023, Case #: S-22-952, Categories: Tort, Immunity, Negligence
J. Cunningham finds that the trial court improperly ruled in claims concerning a patent for methods of protecting network connectable devices because the decision was improperly based on a collateral estoppel decision that has since been vacated. Reversed in part.
Court: Federal Circuit, Judge: Cunningham, Filed On: October 13, 2023, Case #: 22-1048, Categories: Civil Procedure, Patent
J. Thompson finds that the trial court properly determined a child had been neglected by his mother based on evidence that the child was severely underweight and that the mother neither provided appropriate nutrition nor prescribed medications. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Thompson, Filed On: October 13, 2023, Case #: 2023-CA-0379-ME, Categories: Family Law
J. Cook issues a writ of mandamus sought by a church assistant to dismiss defamation claims filed by a pastor against her for having informed his new church of rape allegations and writing a blog post about the incident . As the assistant resides in another state and does not have sufficient contacts with Alabama, the court lacks jurisdiction.
Court: Alabama Supreme Court, Judge: Cook, Filed On: October 13, 2023, Case #: SC-2023-0062, Categories: Employment, Defamation, Jurisdiction
J. Hummel dismisses an employment-related disability discrimination and retaliation complaint brought against the New York comptroller. A female employee alleges the state agency denied her request to work from home as a preventative measure to avoid exposure to Covid-19 after she was hospitalized with a pulmonary embolism, and afterwards subjected her to a hostile work environment. Her claims under FMLA, ADA and New York Human Rights Law are barred by sovereign immunity, and the court finds it does not have jurisdiction to resolve claims brought under the New York State Paid Family Leave, which it recommends should instead be brought under a state workers’ compensation law.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: October 13, 2023, Case #: 1:23cv577, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Harbison finds the district court erred by ruling that defendant's first case had no bearing on whether he could be committed in the second fugitive case involving the state of Washington. “Any commitment to await the issuance and service of a governor’s warrant is limited to a single period of up to ninety days…and includes both incarceration and release on bail or bond. After such a commitment has ended, a fugitive may not be again arrested for the same out-of-state conduct, except upon the service of a governor’s warrant.”
Court: Alaska Court Of Appeals, Judge: Harbison, Filed On: October 13, 2023, Case #: A-13900, Categories: Extradition
J. McFadden finds that the trial court properly entered an order disbursing funds held in the court registry on the basis of a now-canceled attorney's lien filed by the law firm and attorney. The order arose after an arbitrator in an underlying proceeding between the attorney and the client found that the client did not owe the attorney any attorney fees. The possibility that future proceedings could affect the arbitration award did not remove the trial court's discretion to control the funds in the registry. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: October 13, 2023, Case #: A23A0651, Categories: Arbitration, Attorney Fees