112 results for 'filedAt:"2023-10-27"'.
J. Stadtmueller grants the city's motion to dismiss the federal government's second amended complaint on behalf of citizens claiming the city, county, housing authority and others falsely certified compliance with federal anti-discrimination and housing laws in order to secure government grants. The government and citizens' allegations, including regarding the creation of "containment zones" around racially segregated and blighted neighborhoods instead of promoting fair housing, fail in part because they are too vague and inadequately show clear connections between the allegations and specific violations of statutory and regulatory provisions, despite the fact that the citizens' "grievances are legitimate."
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: October 27, 2023, Case #: 2:22cv240, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Government, Housing, False Claims
J. Oldham finds the district court improperly rejected Texas Governor Greg Abbott’s argument that private civil rights suits involving his executive order, which prohibits private individuals from providing ground transportation for previously detained migrants, are barred by sovereign immunity. Though the federal government’s suit challenging the order for being preempted by federal law still stands, sovereign immunity does bar the private suits. Reversed and remanded.
Court: 5th Circuit, Judge: Oldham, Filed On: October 27, 2023, Case #: 22-50212, Categories: Government, Immigration, Immunity
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J. Brown finds that the trial court properly granted the church's motion for declaratory judgment in an action brought by the railroad company arising from a dispute over a strip of land that sits on a railroad spur track. The trial court correctly found that the church acquired fee simple title to the property underlying the spur by deed. However, the trial court incorrectly entered a permanent injunction in the church's favor ordering the railroad company to remove the spur track. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: October 27, 2023, Case #: A23A1021, Categories: Property, Injunction
J. Frierson finds that the lower court properly granted a property owner’s motion to dismiss. A property owner advertised and rented a home as a vacation rental. A neighbor and fellow property owner asked the property owner to discontinue renting out the property as it violated neighborhood restricted covenants, but the property owner refused, resulting in the instant litigation. The lower court dismissed the matter and declined to consider its merits, correctly finding that the neighbor failed to join all of the real property owners in the subdivision per the requirements of the Tennessee Declaratory Judgments Act. Affirmed.
Court: Tennessee Court of Appeals, Judge: Frierson, Filed On: October 27, 2023, Case #: E2023-00021-COA-R3-CV, Categories: Property, Real Estate, Zoning
J. Wiseman finds the trial court improperly granted summary judgment to the contractor which claims the pipeline company did not pay over $180,000 on invoices for a water pipeline construction. Though the contractor says that the pipeline company was victim of an email phishing scam, which resulted in its sending money to a third party, the pipeline company says that it was the contractor who fell victim to the scam that broached both their email addresses. The issues cannot be resolved at summary judgment and the court must determine to what degree each party is responsible. Reversed and remanded.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman, Filed On: October 27, 2023, Case #: 119812, Categories: Construction, Evidence, Contract
J. Goethals finds the trial court properly entered an order of $6,000 in discovery sanctions against the daughter of the deceased and her attorney who issued a document subpoena in this dispute over a family trust which was quashed as overly broad and constituting an unreasonable intrusion on the privacy rights of her father. The daughter fails to directly challenge the court’s determinations regarding her misuse of discovery or demonstrate why the court abused its discretion. Affirmed.
Court: California Courts Of Appeal, Judge: Goethals, Filed On: October 27, 2023, Case #: G061197, Categories: Sanctions, Trusts, Discovery
Per curiam, the Ninth Circuit finds that the district court properly dismissed a matter for failure to state a claim in which a class alleged that Ford Motor Company made unlawful recordings of individuals’ private communications in violation of the Washington Privacy Act (WPA). The class action claim that a violation of the WPA itself is an invasion of privacy that constitutes remediable injury was rejected. Affirmed.
Court: 9th Circuit, Judge: Per curiam, Filed On: October 27, 2023, Case #: 22-35447, Categories: Privacy, Class Action
Per curiam, the Connecticut Court of Appeals finds the trial court's thorough and well-reasoned opinion resolved all issues of law and fact stemming from the gasoline distributor's failure to include a federal tax credit on orders made by the buyer; therefore, this court will not review the case.
Court: Connecticut Court Of Appeals, Judge: Per curiam, Filed On: October 27, 2023, Case #: AC45118, Categories: Tax, Contract
J. Doyle finds that the trial court improperly granted the husband's declaratory judgment petition related to the couple's divorce decree and entered an amended clarifying order on the division of the husband's military retirement income. Although the provision of the divorce decree is ambiguous, it did not award the wife a percentage of the military retirement income at the time of the divorce. The trial court incorrectly considered military retirement law codified after the divorce and incorrectly found that the divorce court lacked authority to award the wife a percentage of any portion of the husband's future military retirement that would accumulate post judgment. Vacated.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: October 27, 2023, Case #: A23A0646, Categories: Family Law
J. Lipman grants the customers' motion for preliminary approval of a consolidated class action settlement in this negligence case concerning an alleged rodent infestation at a Family Dollar distribution center, which resulted in a voluntary recall of certain products. The objections raised by the State of Arkansas, which intervened in the case, are overruled. The Arkansas Deceptive Trade Practices Act does not prohibit class settlements, and the settlement is not deficient.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: October 27, 2023, Case #: 2:22cv2138, NOS: Other Fraud - Torts - Personal Property, Categories: Settlements, Consumer Law, Class Action
[Consolidated.] J. Fridy finds that the lower court properly terminated the mother's parental rights to five of her six children but improperly terminated her parental rights to the sixth child. The department failed to show that "the status quo was not a viable alternative to terminating the mother's parental rights" to the sixth child, who has special needs and is currently in foster care. Affirmed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: October 27, 2023, Case #: CL-2023-0179, Categories: Evidence, Family Law
J. Brownlee finds that the trial court improperly dismissed the client’s third-party and counterclaim complaint with prejudice in a legal malpractice complaint against the law firm. The court considered information beyond the four corners of the statement of claim. The court has no jurisdiction over the counterclaim because it is compulsory and not permissive the order is dismissed. Reversed in part. Dismissed.
Court: Florida Courts Of Appeal, Judge: Brownlee, Filed On: October 27, 2023, Case #: 6D23-489, Categories: Jurisdiction, Legal Malpractice
J. Eisnaugle finds the trial court properly found for the medical group in its dispute with the insurance company over coverage of medical bills stemming from a car accident. The insurance company incorrectly interprets the relevant Florida law, which only requires an itemized billing statement to list "each exact amount" in a claim, so its argument that the medical group's notice of intent to litigate provided deficient billing information fails. The trial court's order is upheld, and a conflict with two previous appellate court decisions is certified. Affirmed.
Court: Florida Courts Of Appeal, Judge: Eisnaugle, Filed On: October 27, 2023, Case #: 22-0603, Categories: Health Care, Insurance, Contract
J. Yarbrough denies the delivery drivers' motion for class certification, ruling their failure to put forth evidence a single representative can establish drivers worked more than 40 hours per week without overtime compensation prevents them from satisfying predominance requirements and, as a result, the case would require individualized inquiries not feasible in a class action litigation.
Court: USDC New Mexico, Judge: Yarbrough, Filed On: October 27, 2023, Case #: 1:20cv1052, NOS: Other Labor Litigation - Labor, Categories: Class Action, Labor
J. Cartwright denies the corrections officer's motion to dismiss the ex-convict's Fourth Amendment excessive force claim against him, which alleges that the corrections officer punched and otherwise assaulted the ex-convict after ordering him to provide a urine sample for random drug testing, breaking the bones in the ex-convict's right hand in the process. The ex-convict's excessive force claim falls under the Fourth Amendment because he was out on community custody when he was arrested for violations of his community custody sentence, and the corrections officer does not have qualified immunity for the ex-convict's claim because there are three other cases establishing the ex-convict's right of freedom from excessive force.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: October 27, 2023, Case #: 3:22cv5029, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Hillman appoints substitute class counsel in claims contending the state system for resolving special education cases denies parents and disabled children timely resolution. The proposed transition from third-party advocate to class counsel risks unfairness to the agency, but stipulations, such as points of contact, may mitigate conflict concerns.
Court: USDC New Jersey, Judge: Hillman , Filed On: October 27, 2023, Case #: 1:19cv12807, NOS: Education - Civil Rights, Categories: Education
[Substituted.] J. Bevan finds that the trial court properly dismissed defendant's post-conviction claims of actual innocence and Brady violations related to his aiding and abetting aggravated battery and kidnapping convictions. His petition was untimely and the Supreme Court Schlup decision cannot toll the clock since it is inapplicable to Idaho post-conviction cases, as actual innocence claims in non-capital state cases are limited to DNA and fingerprints. And the Brady claim did not warrant an evidentiary hearing because of his unreasonable delay in raising it. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: October 27, 2023, Case #: 48846, Categories: Battery, Kidnapping
J. Mitchell finds that the lower court properly dismissed a speech-language pathologist's civil rights suit against her former employer. The employee did not actually suffer any adverse employment action after a disciplinary meeting to address her attendance abuse and insubordination. Further, the employee was always provided a private room to pump breastmilk as required by the Nursing Mothers in the Workplace Act. This private space is not required to be in close proximity to the employee's workspace. Affirmed.
Court: Illinois Appellate Court, Judge: Mitchell, Filed On: October 27, 2023, Case #: 221092, Categories: Employment, Employment Retaliation