159 results for 'filedAt:"2024-03-18"'.
J. Vanek finds the trial court properly ruled in favor of the township, which had denied a cannabis retailer license to the store. The store has not shown the township acted arbitrarily in withholding support for the license application, and just because it had received a zoning permit did not guarantee it any other rights. Affirmed in part.
Court: New Jersey Appellate Division, Judge: Vanek , Filed On: March 18, 2024, Case #: A-1755-22, Categories: Municipal Law, Zoning
J. Gibney denies the state officials' motion to dismiss a count asking the court to use its equitable powers to enjoin the officials from enforcing a felony voter disenfranchisement provision that violates the Virginia Readmission Act. When Virginia sought to rejoin the Union in 1870, congress created an act that said that Virginia could never alter its constitution to disenfranchise citizens who could vote under Virginia's then-controlling constitution. The Act came with the exception that Virginia could amend its constitution to disenfranchise those convicted of crimes that, in 1870, were common law felonies, including murder, rape, and arson. Two former felons convicted of felonies not included as common law felonies properly alleged that Virginia is engaging in an ongoing violation of federal law.
Court: USDC Eastern District of Virginia, Judge: Gibney, Filed On: March 18, 2024, Case #: 3:23cv48, NOS: Voting - Civil Rights, Categories: Civil Rights, Constitution, Elections
J. Gibney denies the county's motion to dismiss claims of labor law violations. In the county, sheriff deputies are expected to call in on the way to their shifts to make themselves available for emergency calls and assignments. The former sheriff's deputy properly alleged that he and others in his position are entitled to overtime pay for the pre-shift, on-duty period.
Court: USDC Eastern District of Virginia, Judge: Gibney , Filed On: March 18, 2024, Case #: 3:23cv325, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Government, Workers' Compensation
J. King finds the lower court properly sentenced the defendant for using a firearm during and in relation to a crime of violence or drug trafficking crime. The defendant, convicted of the Violent crimes in aid of racketeering activity murders of 10 drug dealing competitors, argues their murder charges do not count as crimes of violence. Because the offenses involved physically committing a murder, and the murder was committed for a pecuniary purpose or for the purpose of gaining entrance to or maintaining or increasing position in the enterprise, they continue to count as crimes of violence. Affirmed.
Court: 4th Circuit, Judge: King, Filed On: March 18, 2024, Case #: 22-5, Categories: Death Penalty, Drug Offender, Murder
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J. Thrash grants the insurer's motion for default judgment against the insurance company in a declaratory judgment action and grants the parties' joint motion to enforce a settlement in the underlying action arising out of a car collision. The parties entered into an unambiguous agreement to settle when they agreed to a total settlement amount and confirmed who would pay what portion of the settlement.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: March 18, 2024, Case #: 1:23cv2461, NOS: Insurance - Contract, Categories: Insurance, Settlements
J. Wynn dismisses the appeal for lack of jurisdiction. This case originates from a lending relationship between a company and a bank. When that relationship soured, the parties sued each other. Nearly a decade of litigation followed, including two state-court lawsuits, a jury trial, post-trial motions, removal to federal district court, and motions practice in that court. The company has not met its burden to establish appellate jurisdiction because, despite being notified of a possible jurisdictional defect multiple times, it has not offered any valid explanation of why the court can exercise jurisdiction over the 2023 orders that it failed to timely appeal.
Court: 4th Circuit, Judge: Wynn, Filed On: March 18, 2024, Case #: 21-1414, Categories: Jurisdiction, Banking / Lending
J. Rice dismisses without leave to amend the healthcare workers' complaint that Gov. Inslee violated the healthcare workers' civil rights by requiring them to receive the Covid-19 vaccine, resulting in their termination when they refused. Inslee is entitled to qualified immunity on these claims because the healthcare workers cannot claim that Inslee and others unlawfully "subjected" them to any investigational medical product or procedure as the healthcare workers undisputedly rejected the FDA-approved Pfizer vaccine.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: March 18, 2024, Case #: 2:23cv295, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Covid-19
J. Kovner dismisses a securities lawsuit filed by investors in a popular mobile video game company alleging the company failed to disclose that it was in the process of overhauling the code for two of its most successful games which, once became public in a quarterly report, contributed to a 23% drop in its stock price. The investors failed to alleged that, had the company disclosed its revamp plans in its IPO documentation, it would have kept the existing disclosures from being misleading.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: March 18, 2024, Case #: 1:21cv6571, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Brodie preserves a maritime contract and fraud lawsuit that alleges an international moving company hired a maritime shipping company to transport cargo to Israel, but failed to disclose that the recipient of the cargo had gone out of business, which ultimately resulted in $161,000 loss for the shipping company. There remain questions as to the moving company’s intent and whether it failed to comply with the contract when it refused to pay the costs incurred as a result.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: March 18, 2024, Case #: 2:20cv2130, NOS: Marine - Contract, Categories: Maritime, Contract
J. Cochran partially reverses the district court's denial of the customer's motions for judgment as a matter of law or a new trial on her claims against her local pharmacy and its head pharmacist, who refused to fill her prescription for emergency contraception. A refusal to dispense a valid prescription for emergency contraception is business discrimination under the Minnesota Human Rights Act, and the district court erred in instructing jurors that the customer needed to show a "material disadvantage" or "tangible change in conditions" to support a public-accommodations discrimination claim. The district court also erred in denying the motion for a new trial on the customer's claim against the pharmacy and aiding-and-abetting claims against the pharmacist for public-accommodations discrimination, but not in denying judgment as a matter of law or a new trial on the customer's business-discrimination claim against the pharmacy. Reversed in part.
Court: Minnesota Court Of Appeals, Judge: Cochran, Filed On: March 18, 2024, Case #: A23-0374, Categories: Civil Rights, Equal Protection
J. Daniel partially grants Loyola University’s motion to dismiss a Title IX suit brought by a group of students who say the university mishandled and underreported their claims of sexual harassment on campus. The students’ complaint also accuses the university of failing to prevent sexual assault by repeat offenders and publishing false campus sexual assault statistics, and brings claims for fraud, premises liability, contract breach, negligence, emotional distress and violations of the Illinois Preventing Sexual Violence in Higher Education Act. The court dismisses all of these counts as well as a Jane Doe’s Title IX claims, citing, among other arguments, a lack of evidence and failure to state a claim. The remaining plaintiffs’ Title IX claims survive.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: March 18, 2024, Case #: 1:22cv6476, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Emotional Distress
J. Vratil rules a pet food equipment company may pursue unjust enrichment claims against commercial food byproducts company. The pet food equipment company sufficiently alleged that the commercial byproducts company overcharged it for goods and services, and "kept its descriptions vague" in order to mark up its profit margin.
Court: USDC Kansas, Judge: Vratil, Filed On: March 18, 2024, Case #: 2:23cv2575, NOS: Other Contract - Contract, Categories: Fraud, Jurisdiction, Contract
J. St. Eve finds that the court lacks jurisdiction to hear the school's appeal of the lower court's order denying its motion to dismiss a sex discrimination suit on the basis of church autonomy. The lower court has not issued a conclusive decision on the school's church-autonomy defense, and did not second-guess the school's determination that the teacher was not in doctrinal good standing. Rather, the viability of the school's defense depends on the strength of the teacher's allegations related to pretext.
Court: 7th Circuit, Judge: St. Eve, Filed On: March 18, 2024, Case #: 21-2683, Categories: Jurisdiction, Employment Discrimination, First Amendment
J. Liman grants a default judgment to the creator of the Five Nights at Freddy's series of horror video games in a copyright infringement suit against a China-based Amazon seller of unauthorized copies. The creator shall be awarded $90,000 in damages for willful infringement, less than the $150,000 requested because the creator did not submit any evidence of his losses.
Court: USDC Southern District of New York, Judge: Liman, Filed On: March 18, 2024, Case #: 1:22cv3021, NOS: Copyrights - Property Rights, Categories: Copyright, Damages
J. Manasco grants Birmingham, Alabama’s motion for summary judgment in this employment dispute brought by a white former employee who worked as a police officer and was unable to wear a face mask while working due to a feeling of suffocation related to his PTSD from the Army. He felt singled out because the Black officers who did not wear masks were not disciplined and, despite providing a note for accommodations from his doctor, he was reassigned from patrol duty to the city jail. The city did not fail to accommodate because the employee was not required to wear the mask in the jail. The employee fails to show any adverse reaction to discrimination and retaliation claims.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 18, 2024, Case #: 2:21cv902, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Dever grants an adult film production company’s motion for leave to serve a third-party subpoena on an internet provider to access the identity of one of the provider’s subscribers. The company shows good cause to engage in early discovery, but given the nature of the content, the subscriber will be allowed to be heard before their identity is revealed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: March 18, 2024, Case #: 5:24cv111, NOS: Copyrights - Property Rights, Categories: Copyright, Discovery, Technology
J. Reidinger partially grants an anesthetist’s motion for conditional class certification following claims that her employer misclassified her and others as independent contractors to avoid paying overtime wages. The employer, an anesthesia contractor, must turn over names and contact information of its employees to the anesthetist.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 18, 2024, Case #: 1:23cv114, NOS: Fair Labor Standards Act - Labor, Categories: Health Care, Contract, Labor
J. Gustafson finds that the attorney general erroneously disqualified as legally insufficient a proposed ballot initiative that would amend the state constitution to create an explicit right to make and carry out decisions about one's own pregnancy, including the right to abortion. The initiative meets the constitutional separate vote requirement since it does not make two or more substantive and unrelated changes to the constitution. Also, the attorney general lacked statutory authority to append a fiscal statement to the proposed initiative, as the state budget director had already determined it would have no impact on state finances. And the attorney general shall review and prepare ballot statements in compliance with statute.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: March 18, 2024, Case #: OP 24-0052, Categories: Civil Rights, Constitution, Elections
J. Corker dismisses the dog owners' amended complaint, in which they assert "various theories of liability" against the veterinary defendants following the death of their pet. The owners' claims against the state defendants are barred under the doctrine of sovereign immunity. The owners' due process claim also fails as the escalation in the dog's care was "voluntary," and they fail to state an equal protection claim, as they have not shown how they were treated "worse than similarly situated individuals."
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: March 18, 2024, Case #: 3:22cv414, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care