109 results for 'filedAt:"2023-12-12"'.
J. Buch finds for the commissioner of internal revenue in this tax liability dispute because the lump settlement payment paid by the former employer should have been included in the employee's reported income.
Court: U.S. Tax Court, Judge: Buch, Filed On: December 12, 2023, Case #: 2023-34, Categories: Tax
J. Chutich revokes attorney Kenneth Keate's conditional reinstatement to the practice of law and denies his request for additional time to file proof of his successful completion of the professional-responsibility portion of the state bar examination. The attorney has not established good cause for his failure to pass the exam by an established deadline, and his request was procedurally deficient.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: December 12, 2023, Case #: A22-0773, Categories: Attorney Discipline
J. Kuehn finds the trial court properly denied the daughter's motion to remove the administrator of her father's estate. The father was killed by a wrong-way driver, leaving only his daughters as heirs and no will. The daughter does not claim malfeasance, neglect or deficient performance by the attorneys handling the wrongful death suit. The trial court considered the testimony of both parties before concluding there was no reason to remove the appointed probate attorney. Affirmed.
Court: Oklahoma Supreme Court, Judge: Kuehn , Filed On: December 12, 2023, Case #: 120759, Categories: Wills / Probate, Wrongful Death
J. Hicks grants the county’s motion to remand. The county began this land ownership dispute involving a spring water system in state court. The water system was deeded by the Southern Pacific Railroad to the city of Monticello, and the county maintained and operated it since 1977. A recent landowner, upon whose land the water system comprised an easement for the county, cut locks from and altered water collection boxes, allowing the water to flow onto the owner’s land. The owner has failed to establish the amount in controversy threshold for federal diversity jurisdiction. Removal is not authorized.
Court: USDC Nevada, Judge: Hicks, Filed On: December 12, 2023, Case #: 3:23cv420, NOS: All Other Real Property - Real Property, Categories: Property, Water, Jurisdiction
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J. Oldham finds the district court properly dismissed this suit involving alleged improprieties related to elections. The citizens filed in state court against various officials challenging their use of an uncertified electronic voting system and seeking to prohibit electronic voting and require paper ballots. Although the citizens allege their votes were “illegalized” and not counted, and that their personal information was unlawfully disclosed, neither injury is sufficient for Article III standing. However, because there is no actual federal jurisdiction, the case must be remanded to state court. Vacated in part.
Court: 5th Circuit, Judge: Oldham , Filed On: December 12, 2023, Case #: 23-50257, Categories: Elections, Jurisdiction
Per curiam, the circuit finds the district court properly dismissed the former prisoner's suit alleging that health care was deliberately withheld during his incarceration. The suit was dismissed for failure to serve process, though the former prisoner argues his indigency, mental disability and the COVID-19 pandemic gave good cause for his 2-year delay in serving process. The former prisoner did nothing when alerted to the need for service, waited passively for over two years and has failed to show good cause. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 12, 2023, Case #: 23-40038, Categories: Civil Rights, Due Process, Prisoners' Rights
J. Whitehead orders the federal government to produce the 10 documents listed in the tribe's motion to compel, as part of the tribe's complaint that the government wrongfully refused to federally recognize the tribe. The tribe's allegations and the description of the withheld documents, such as the emails the Muckleshoot Tribe sent to the Department of the Interior, are enough to warrant an in-camera review that may yield evidence.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: December 12, 2023, Case #: 2:22cv633, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Government, Native Americans, Discovery
J. Geraci allows plaintiff to continue claims contending a business services provider transferred work from an industrial printing facility to another facility without justification because the decision may have constituted breach of project change requests. Meanwhile, the printing facility properly alleged the existence of an enforceable agreement, and the claims were not duplicative.
Court: USDC Western District of New York, Judge: Geraci , Filed On: December 12, 2023, Case #: 6:22cv6570, NOS: Other Contract - Contract, Categories: Contract
J. Whitney partially denies a health care system’s motion for summary judgment after a former registered nurse brought allegations of disability discrimination. The nurse, who worked in hospice, had rotator cuff surgery and thus requested accommodation as she was required to lift and turn patients, which she could not do on doctor’s orders. The system received her request but did not provide accommodation, then fired her for abandoning her job when she did not show up for shifts requiring lifting and turning patients. The system’s motion is denied as to the nurse’s claims of ADA discrimination and failure to accommodate because there is still conflicting information between the parties regarding the claims.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: December 12, 2023, Case #: 3:22cv662, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Gutierrez finds in favor of the city against the former fire chief's complaint that the city violated his First Amendment rights by firing him for statements he made on a podcast about civil unrest, which coincided with a time of public outcry against the police following George Floyd's death three weeks prior. The former fire chief's statements reflected on the city and the fire department because he never indicated during the podcast or afterward that he spoke in his individual capacity, as he represented himself as "Fire Chief Daryn Drum."
Court: USDC Central District of California, Judge: Gutierrez, Filed On: December 12, 2023, Case #: 2:21cv8492, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, First Amendment
Per curiam, the appellate division finds that the lower court properly denied the contractor's motion to dismiss claims that its negligent work on the Bronx and Pelham Parkway caused a fatal motorcycle accident. The contractor's affidavit in support of its claim it performed no work in the area is conclusory and fails to state that it made a search of street opening permits in the area where the decedent lost control of his motorcycle. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 12, 2023, Case #: 06329, Categories: Tort, Negligence
Per curiam, the circuit finds that the district court properly held that a general liability insurer could not sue a contractor for indemnification on behalf of an excess coverage provider after a worker was hurt on a large construction project at LaGuardia Airport. New York's anti-subrogation rule provides that insurers have no right to recover against their own insured for claims arising from the covered risk. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 12, 2023, Case #: 22-2697-cv, Categories: Insurance, Indemnification
J. Rice finds that the district court properly reversed an agency denial of an employee's demand for six years of backpay. The three-year lookback limit of the Wage Payment Act does not apply to an employee grievance filed through the agency's grievance process. But the district court must revisit its attorney fee award to the employee to find whether an exception to the American Rule was established. Reversed in part.
Court: Montana Supreme Court, Judge: Rice, Filed On: December 12, 2023, Case #: DA 23-0057, Categories: Employment, Attorney Fees
J. Wilson finds that the appellate division properly held that an independent commission could be compelled to reconvene to fulfill its duties to redraw legislative district boundaries following a decennial census. While the group's stalemate along party lines led to the judicial appointment of a special master to accomplish redistricting for elections in 2022, amendments to the state constitution mandated that the commission do the job. Affirmed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: December 12, 2023, Case #: 90, Categories: Administrative Law, Elections
[Consolidated.] J. Wolfe finds that the trial court properly sustained an exception of improper venue and dismissed a suit involving alleged misrepresentations made in connection with the sale of a business. The buyers did not show the seller parties are "solidarily liable to them" for the tort claims. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: December 12, 2023, Case #: 2023CA0571, Categories: Civil Procedure, Venue, Contract
J. Battaglia grants the employees' motion to order a ship repair company to provide them with information concerning the identities of putative class members who have received settlement letters from the company and who have purportedly released their claims by signing settlement agreements checks. In order "to counteract the coercive nature of the employer-employee communications, the putative class should be explicitly instructed that they have more time to consider the officer, discuss with plaintiffs' counsel, and either complete the settlement or withdraw their prior release as they choose."
Court: USDC Southern District of California, Judge: Battaglia, Filed On: December 12, 2023, Case #: 3:21cv2122, NOS: Employment - Civil Rights, Categories: Employment, Discovery, Class Action
Per curiam, the appellate division finds that the lower court properly found for the department, ruling that its decision to fire the probationary teacher was not arbitrary and capricious. Evidence of the teacher's unsatisfactory performance while a probationary teacher rebuts his allegations of bad faith. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 12, 2023, Case #: 06342, Categories: Administrative Law, Employment
J. Wilkinson finds the lower court properly denied the defendant's motion for release from civil commitment under the Adam Walsh Act. The defendant, convicted of various crimes involving the sexual exploitation of minors, was civilly committed at the end of his 20-year sentence because the government found him to be sexually dangerous. The defendant seeking to be released told a psychologist that he did not believe pubescent boys were children and that sex with a pubescent boy was not abuse. The defendant failed to provide evidence that he is no longer sexually dangerous. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: December 12, 2023, Case #: 22-6118, Categories: Sex Offender, Commitment, Child Victims
J. Bradford finds that the trial court properly ruled in personal injury claims brought after a vehicle struck a pedestrian. The pedestrian failed to demonstrate the driver should have been compelled to produce cell phone evidence because evidence did not indicate the driver had been using the cell phone at the time of the accident. Affirmed.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: December 12, 2023, Case #: 23A-CT-303, Categories: Evidence, Negligence
J. McGrath finds that the trial court properly denied the employment claims filed by the former executive director of the Flathead Basin Commission. The Department of Natural Resources and Conservation could not have interfered with her employment contract since, though it shared staffing decisions with the Commission, it was her employer. Her discrimination claim failed because the lobbying she did on behalf of the Commission that created distrust with the Department was not protected political speech. And her firing was based on her inability to properly complete expense reports. Affirmed.
Court: Montana Supreme Court, Judge: McGrath, Filed On: December 12, 2023, Case #: DA 23-0231, Categories: Employment, Interference With Contract
Per curiam, the appellate division finds that the lower court properly found for the city, which charged the landlord with the unauthorized use of a tenement for single room occupancy in violation of its certificate of occupancy. As a Class A multiple dwelling, none of the units in the building may be used for occupancy periods shorter than 30 days. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 12, 2023, Case #: 06335, Categories: Administrative Law, Landlord Tenant
J. Boyle grants American Express’s motion to stay litigation pending appeal of a separate case against Citibank involving identical concerns, namely that the financial institutions exploited active military servicemembers and veterans by charging exorbitant banking fees. The servicemembers and veterans brought class actions against the banks for violations of lending laws meant to protect them specifically. Because both suits are so similar, the outcome of the appeal will directly impact the outcome of the present suit, so the motion is reasonable.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: December 12, 2023, Case #: 5:22cv145, NOS: Banks and Banking - Other Suits, Categories: Banking / Lending, Military