133 results for 'filedAt:"2024-03-08"'.
J. Cooper denies, in part, the Secretary of the Department of Homeland Security's motion for summary judgment on a black, Muslim former equal rights advisor's employment discrimination action. There are questions of fact regarding his claims for retaliation and racial discrimination.
Court: USDC District of Columbia, Judge: Cooper, Filed On: March 8, 2024, Case #: 1:21cv780, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Upadhyaya grants the FDIC’s motion to strike certain expert reports in its case against Bank of America for allegedly improperly reducing its FDIC insurance premiums by $1.12 billion between 2012 and 2014. Certain opinions are impermissible, as one is a legal opinion, while another invades the province of the jury.
Court: USDC District of Columbia, Judge: Upadhyaya, Filed On: March 8, 2024, Case #: 1:17cv36, NOS: Other Statutory Actions - Other Suits, Categories: Insurance, Experts, Banking / Lending
J. Tipton shoots down 21 states’ challenge to the Department of Homeland Security’s parole program that grants a “pathway for parole” in the U.S. to up to 360,000 nationals from Cuba, Haiti, Nicaragua and Venezuela each year, finding they lack standing.
Court: USDC Southern District of Texas, Judge: Tipton, Filed On: March 8, 2024, Case #: 6:23cv7, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Immigration
J. Elrod denies the El Salvadoran citizen's petition for rehearing. The immigration judge has previously adjudicated the immigrant removable for lacking documentation. Though the immigrant says she will suffer harm for having reported a rape if returned to El Salvador, the immigration judge determined she had not been harmed for a political opinion or membership in a social group. She also did not show the government would be unwilling or unable to protect her. The Board of Immigration Appeals has not given standards for evaluating when and how single-member panels should exercise discretion to refer a case to a three-member panel, and the circuit lacks jurisdiction.
Court: 5th Circuit, Judge: Elrod , Filed On: March 8, 2024, Case #: 22-60554, Categories: Immigration, International Law, Jurisdiction
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J. Clark finds the lower court properly denied the debtor's motion to exclude certain accounts from the judgment obtained by the creditors. Although he claimed his mother was the sole owner of the accounts, he is listed as an owner on documentation provided by the banks and the funds were, therefore, subject to the judgment. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: March 8, 2024, Case #: AC45956, Categories: Civil Procedure, Banking / Lending
Per curiam, the circuit finds the district court properly dismissed claims filed by a conspiracy-based political advocacy group that alleges the government violated the constitution, as well as the Administrative Procedure Act and Privacy Act, by surveilling them with directed energy weapons and voice-to-skull technology. The court correctly concluded the claims are unlikely to succeed on the merits. Remaining preliminary injunction factors have not been briefed on appeal, and are forfeited. Affirmed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 8, 2024, Case #: 23-20342, Categories: Administrative Law, Privacy, Injunction
J. Ho finds the district court properly found in favor of World Wrestling Entertainment on a spectator's allegations he was injured at an event and is not bound to the arbitration agreement printed on his ticket because it was a gift from his nephew. Any individual who permits a third-party to present a ticket for admittance to an event on his behalf is bound by the terms and conditions governing the use of the ticket. Affirmed.
Court: 5th Circuit, Judge: Ho , Filed On: March 8, 2024, Case #: 23-10491, Categories: Arbitration, Premises Liability, Contract
J. Settle blocks the state of Washington from enforcing most sections of a law aimed at regulating private for-profit immigration detention facilities. HB 1470, which required a slew of rules and regulations for private detention facilities, violates the supremacy clause because it imposed a burden on the Northwest Detention Center that did not apply to any other facility in the state. Only Section 4 of the law, which does not apply to any contract signed before Jan. 1, 2023, remains in place while the rest is blocked by a preliminary injunction.
Court: USDC Western District of Washington, Judge: Settle, Filed On: March 8, 2024, Case #: 3:23cv5626, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Jurisdiction, Injunction
J. Nagala grants the employees' motion for class certification, ruling that although the class members were employed by FedEx for different periods of time and had minor differences in their job duties, they were all subject to the same pre-work security screenings and satisfy commonality requirements.
Court: USDC Connecticut, Judge: Nagala, Filed On: March 8, 2024, Case #: 3:21cv1644, NOS: Other Labor Litigation - Labor, Categories: Evidence, Class Action, Labor
J. Karas partially denies the bank's motion to dismiss a consumer's Fair Credit Reporting Act claims against it stemming from its report of a delinquent payment despite her enrollment in a Covid-19 disaster relief program. A jury could find that the bank acted recklessly by investigating only one kind of record - the consumer's payment history - in response to the dispute notices it received from credit reporting agencies, despite records being available of the consumer's conversations with bank representatives about her enrollment in the Covid-19 program.
Court: USDC Southern District of New York, Judge: Karas, Filed On: March 8, 2024, Case #: 7:22cv6327, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Banking / Lending
J. Wall finds a lower court properly convicted a defendant for unlawful possession of a weapon and attempted first-degree murder. The defendant argued that his 586 month prison sentence is unreasonable and that he was entitled to a new trial after discovering that the lead detective in his case launched a sexual relationship with his daughter, who served as a confidential informant. However, the defendant failed to present sufficient evidence in court that the relationship started before of during his criminal proceedings. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: March 8, 2024, Case #: 120994, Categories: Evidence, Firearms, Murder
Per curiam, the Kansas Supreme Court finds a lower court properly dismissed a patient's medical malpractice claims against a surgeon. The patient, who failed to obtain an expert witness, argued that she was entitled to relief after the surgeon removed part of her pancreas instead of her liver. However, the surgeon sufficiently showed in court that the common-knowledge exception did not apply to his removal of the wrong organ. Reversed.
Court: Kansas Supreme Court, Judge: Per curiam, Filed On: March 8, 2024, Case #: 124946, Categories: Experts, Medical Malpractice
J. Cadish denies the Nevada Bar's petition for reciprocal discipline of Jeffrey Gray Thomas, who was disbarred in California. The attorney was disbarred for multiple counts of professional misconduct related to filings, as well as threats made to opposing counsel. In Nevada, he failed to self-report his disbarment in California, as required. The discipline is not warranted because disbarment in Nevada is not equivalent to the same in California. Disbarment in Nevada is irrevocable whereas in California a disbarred attorney may seek reinstatement after five years.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: March 8, 2024, Case #: 87346, Categories: Evidence, Due Process, Attorney Discipline
J. Lemelle denies requests by an association of ship loaders to reconsider a court ruling denying its request for arbitration of a longshoremen’s union complaint, according to which it is owed $2.8 million due to the association’s complete withdrawal from the union pension fund. Neither the stevedoring association nor its insurer initiated arbitration before the statutorily defined deadlines. No withdrawal-liability payment was ever made. If the companies desired to contest the withdrawal-liability calculation, they could have done so through ERISA’s compulsory arbitration scheme.
Court: USDC Eastern District of Louisiana , Judge: Lemelle, Filed On: March 8, 2024, Case #: 2:22cv2566, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Arbitration, Evidence, Labor / Unions
J. Jolivette Brown denies a request by insurers to exclude the damage estimates of a certified public accountant for a high school suing a flooring company for fire damage to its gymnasium. The insurers argue a reasonable juror is capable of adding numbers and calculating the soft costs element, which requires one act of multiplication to obtain a 10% sub-amount. While a jury may be capable of adding and multiplying numbers, the fact that a “soft costs” calculation requires a 10% sub-amount is not within the common knowledge of lay person. As such, the expert’s testimony will assist the jury.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: March 8, 2024, Case #: 2:22cv5292, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Insurance, Damages, Experts
J. Tailor finds that the lower court properly upheld the village hearing officer's decision to deny a recycling company's request for additional relocation expenses after its property was taken by the village through eminent domain. The village reasonably obtained and based its payment decision on more than one estimate, paying the company $748,000 for relocation expenses. There is no evidence that the hearing officer had any bias against the company, or that he failed to consider relevant evidence. Affirmed.
Court: USDC Southern District of New York, Judge: Tailor, Filed On: March 8, 2024, Case #: 230641, NOS: All Other Real Property - Real Property, Categories: Administrative Law, Property
J. Haikala holds that an insured's breach of contract action is not barred by a policy's two-year limitations period, as the state law six-year limitations period applies to insurance contracts. Also, issues of fact about how a fire at the insured's property started preclude the insurer's arson defense.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: March 8, 2024, Case #: 3:22cv449, NOS: Insurance - Contract, Categories: Insurance
J. Hyman finds that the lower court properly found the doctor guilty of medical malpractice by failing to properly intubate a patient, causing permanent brain damage. The court correctly instructed the jury that it needed to unanimously find the doctor was negligent, but did not need to be unanimous as to which one of his acts constituted the negligence. Affirmed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: March 8, 2024, Case #: 230134, Categories: Jury, Medical Malpractice
J. Schopler dismisses a corporate fraud complaint brought by two business owners who say that the subsidiary with which they contracted has failed to pay them money owed and has participated in a scheme with its parent company to hide the money necessary to pay them. The two business owners fail to plead each defendant's role in the alleged fraudulent scheme, the assets that were transferred between subsidiary and the parent company, and the timing of these alleged fraudulent activities.
Court: USDC Southern District of California, Judge: Schopler, Filed On: March 8, 2024, Case #: 3:23cv158, NOS: Other Fraud - Torts - Personal Property, Categories: Corporations, Fraud, Jurisdiction
J. Kilbane finds the trial court improperly granted the son's motions to strike the trustees' petitions to determine homestead status of a residential property owned by the married couple before they passed away. The trustees are judicially estopped from arguing at this point that the rules of civil procedure should not have been applied to the motions to strike, as the parties carried out those proceedings as if they were adversary. However, because the trial court's handling of the motions was otherwise procedurally deficient, its order is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Kilbane, Filed On: March 8, 2024, Case #: 22-1369, Categories: Civil Procedure, Wills / Probate
J. Traver finds that the trial court erred when it ruled in favor of a driver in a car collision case after she had accepted a settlement offer. It was also error to apply a post-judgment setoff that was not included in the settlement. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Traver, Filed On: March 8, 2024, Case #: 6D23-1031, Categories: Settlements, Negligence
J. Brown rules in favor of the insurer in a breach of contract action brought by the insured arising after the insurer refused to pay for a new roof on seven of the insured's buildings following alleged hail and vandalism damages. The insured failed to present evidence showing that its claim was timely or that vandalism damages to the roofs occurred after a company made repairs.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: March 8, 2024, Case #: 1:21cv4776, NOS: Insurance - Contract, Categories: Insurance
J. Ericksen grants the Christmas tree patent claimant's motion for pre- and post-judgment interest but declines to enhance the jury's royalty damages award. The claimant has not definitively shown that its competitor's infringement on its patent was egregious, and a 10% statutory interest rate is appropriate to apply for pre-judgment interest, while the post-judgment interest rate will be the average 1-year Treasury yield for the week preceding entry of judgment.
Court: USDC Minnesota, Judge: Ericksen, Filed On: March 8, 2024, Case #: 0:15cv3443, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent