174 results for 'filedAt:"2024-03-21"'.
Per curiam, the Ohio Supreme Court partially grants a writ of mandamus for the release of records related to a prisoner’s six public records requests. The court awards him statutory damages of $1,000 each, for two requests that were not fulfilled by the Ohio Department of Corrections. As for the other requests, the inmate submitted several requests to a contractor of the Ohio Department of Corrections that was not the custodian of the records; receiving referrals to the proper office does not constitute a denial of the request.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: March 21, 2024, Case #: 2024-Ohio-1015, Categories: Public Record, Damages
J. White finds that the appeals court properly reversed the trial court's decision in a defamation suit over emails sent by defendant's agents to the plaintiff corporation's chief revenue officer and two board members alleging "rampant accounting improprieties" and purported mafia connections. The emails may qualify as defamatory even though they were only sent to members of the corporation itself. There is publication to a third party when an allegedly defamatory statement is communicated to a member of a corporation's executive leadership team. Affirmed.
Court: Illinois Supreme Court, Judge: White, Filed On: March 21, 2024, Case #: 129227, Categories: Corporations, Defamation
J. Overstreet finds that the lower court properly convicted defendant of sexual assault of his four-year-old daughter. Defense counsel was not ineffective for failing to object to the admission of two positive STD tests, as this evidence was admissible at trial despite the physician-patient privilege attached to them under the exception set forth in the Abused and Neglected Child Reporting Act. Affirmed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: March 21, 2024, Case #: 129289, Categories: Ineffective Assistance, Sex Offender, Child Victims
J. Kovner dismisses outright a former Army National Guard servicemember’s civil rights complaint filed against various state and federal agencies claiming he was unlawfully separated from the military and denied basic allowance and family separation pay as well as reimbursement for travel expenses. The court finds the Court of Federal Claims has sole jurisdiction over his claims for unlawful separation, and the rest of his claims are either barred by sovereign immunity, fail to state a claim, failed to exhaust all administrative remedies, frivolous or were brought under statutes which do not afford a private right of action.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: March 21, 2024, Case #: 1:22cv6505, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Jurisdiction, Military
J. Bushong finds the Appeals Court erred in concluding that its denial of defendant’s challenge for cause prejudiced defendant. “Error did not interfere with defendant’s right to a fair trial before impartial jurors, and whatever impact the error may have had on how defendant used his peremptory challenges did not prejudice him in respect to a substantial right.” Reversed.
Court: Oregon Supreme Court, Judge: Bushong, Filed On: March 21, 2024, Case #: S070188, Categories: Domestic Violence
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
Per curiam, the appellate division finds that the lower court properly denied the tenant's motion for summary judgment on liability for the landlord's demolition of its car wash structure. Issues of fact remain as to whether damage to the retaining wall was caused by the tenant's demolition of the concrete floor inside the car wash structure, and whether the landlord was entitled to demolish the entire structure to remediate the dangerous condition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 21, 2024, Case #: 01619, Categories: Landlord Tenant
J. Mundy finds that the superior court properly found that there was evidence to support an adjudication of delinquency in this suit wherein one 12-year-old convinced another with an intellectual disability to lift up her shirt and expose her bra while on camera and posted the video on social media. The crime of transmission of sexually explicit images by a minor does not require exposure of the nipple in order to meet the definition of nudity; nudity is established where any area below the top of the nipple is visible. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Mundy, Filed On: March 21, 2024, Case #: J-68-2023, Categories: Sex Offender, Child Victims, Child Pornography
J. Royal partially rules in favor of the government in a negligence action brought under the Federal Tort Claims Act by the driver arising from injuries she suffered in a car collision with a U.S. Postal Service mail truck. The driver conceded that the Act prohibits her from recovering more than the $72,000 in damages she presented in the pre-suit administrative claim. However, genuine issues of fact exist as to whether the collision caused additional injuries to the driver's knee and shoulder separate from her preexisting injuries.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: March 21, 2024, Case #: 5:21cv237, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence
J. Robie finds that the trial court properly denied a funeral home's petition to exclude money paid for funeral merchandise from a statutory requirement to hold that money in trust. The payments for merchandise are subject to the trust requirements for preneed contracts under the Short Act because they were sold as part of a package deal. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: March 21, 2024, Case #: C098017, Categories: Contract
J. Lobrano finds that the district court should not have dismissed a class of tenants' claims against resident management corporations arising out of mold exposure in public housing developments. In this case, the resident management corporations were obligated to the tenants as third party beneficiaries under the Resident Management Agreements to maintain their apartments in a safe living condition, including a mold-free environment. Under Williams, the tenants were not only incidental beneficiaries of the agreements entered into between the Housing Authority and the resident management corporations, but were also third party beneficiaries of the agreements. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lobrano , Filed On: March 21, 2024, Case #: 2023-CA-0214, Categories: Class Action, Contract
J. Aiken grants the sheriff's motion for sanctions in the the state police trooper's lawsuit alleging that the deputy sheriff and the deputy sheriff sergeant denied him due process when they wrongfully arrested him for driving under the influence. Sanctions are appropriate in this matter, because the state police trooper violated the sheriff's office's discovery requests by not preserving his text messages and emails.
Court: USDC Oregon, Judge: Aiken, Filed On: March 21, 2024, Case #: 6:21cv1622, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions, Discovery
J. Gilliam allows claims to proceed against LinkedIn from users who say the company uses its control over the professional networking market to force users to spend more on its "LinkedIn Premium Career" services. There is enough on the record at this stage to properly allege that the company has almost “no competitive check" against what kind of prices it can set for its premium services. As a result, the court is also lifting a previously issued stay on discovery so that the case can proceed to the next stage.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: March 21, 2024, Case #: 4:22cv237, NOS: Antitrust - Other Suits, Categories: Antitrust, Discovery
J. Kobes finds a lower court properly dismissed a school district's denial of a child's parents' request for instruction outside of regular hours. The school district argued that it was not obligated to provide the child, who suffers from epilepsy and seizures, with evening instructions after it had already established an individual education program on her behalf. However, the parents sufficiently showed in court that the district failed to provide the child with free appropriate education by denying a customized educational plan based on her inability to attend school before noon, when her seizures are most frequent. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: March 21, 2024, Case #: 22-2137, Categories: Civil Rights, Ada / Rehabilitation Act, Education
[Consolidated.] J. Erickson finds a lower court improperly dismissed a security counselor's discrimination claims against a state employer. The employee objected to required gender identity training, which he claimed violated his religious beliefs, after which the employer did not interview him for a promotion, which it had done when similar positions opened in the past. The employee presented sufficient evidence in court that his employer violated his civil rights for engaging in protected activities. Reversed.
Court: 8th Circuit, Judge: Erickson, Filed On: March 21, 2024, Case #: 23-1207, Categories: Civil Rights, Employment, Employment Discrimination
J. Hamilton finds that the lower court improperly awarded the student $1,000 in statutory damages and $58,000 in attorney fees in a suit over an attorney's failure to warn him of the consequences of failing to respond to requests for admission in an underlying education debt collection action , in violation of the Fair Debt Collection Practices Act. The student lacks standing to bring his claim because the attorney never tried to take advantage of his failure to respond, so the student was not harmed by the attorney's statutory violation. Vacated.
Court: 7th Circuit, Judge: Hamilton, Filed On: March 21, 2024, Case #: 22-2602, Categories: Debt Collection, Attorney Fees
J. Rivera finds that the appellate division improperly agreed that a building owned by a nonprofit and leased to a for-profit entity qualified as exempt from property taxes because the services of the for-profit were "reasonably incidental" to the nonprofit's work. The language of real property tax law is clear that exemptions apply when a nonprofit uses a property or leases it to another nonprofit for charitable purposes, so having an entity in the space that charged for dialysis services defeated exemption. Furthermore, those services were not related to the the purpose of the exempt owner, which was fundraising. Reversed.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: March 21, 2024, Case #: 05, Categories: Real Estate, Tax
J. Blackburne-Rigsby upholds the trial court's dismissal of 10 restaurants and bars' action against an insurer for Covid-19-related closure coverage. They fail to show the Covid-19 virus, rather than municipal orders banning in-person dining, caused direct loss or damage to their properties. Affirmed.
Court: DC Court of Appeals, Judge: Blackburne-Rigsby, Filed On: March 21, 2024, Case #: 22-CV-0950 , Categories: Insurance, Covid-19
[Consolidated.] J. Thompson upholds the zoning commission's approval of a planned-unit development application. Upon remand from the court of appeals, the commission sufficiently explained its reasoning, specifically addressed racial equity issues and considered the existing community when approving the application. Affirmed.
Court: DC Court of Appeals, Judge: Thompson, Filed On: March 21, 2024, Case #: 22-AA-0554, Categories: Property, Zoning
J. Molberg denies the school district's motion for rehearing, but withdraws the court's prior memorandum opinion and substitutes the current memorandum opinion, holding that the lower court properly denied the school district's plea to the jurisdiction. The contractor sufficiently demonstrated the lower court's jurisdiction in this breach of contract action. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: March 21, 2024, Case #: 05-22-00855-CV, Categories: Civil Procedure, Jurisdiction, Contract
[Consolidated.] J. Troutman finds that the appellate division improperly affirmed granting late notices of claim against the City of New York by two men who separately alleged harm through a jailhouse beating and malicious prosecution. In neither case did the man provide sufficient sworn evidence of intentional tort, nor was any court inquiry made into whether the city had independent knowledge of purported employee conduct that led to the claims. Reversed.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: March 21, 2024, Case #: 15, Categories: Civil Procedure, Tort
J. Whitney partially grants an insurance company’s motion for default judgment against a contractor who filed for bankruptcy and has failed to pay on the balance of a bond for $6.9 million. The contractor has paid over $867,000 into a net estate fund, which will be disbursed to the company. However, future payments toward the balance will not be distributed until the entirety is paid off.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 21, 2024, Case #: 3:22cv50, NOS: Other Contract - Contract, Categories: Bankruptcy, Debt Collection, Contract
[Consolidated.] J. Manasco grants summary judgment to Adamsville, Alabama, and a police lieutenant in this race discrimination lawsuit filed by a Black police sergeant and Black police officer The sergeant states he was harassed by the lieutenant, who told plaintiff he “walked like a faggot,” as well as other disparaging comments. The officer states he worked in the jail and fired when he was forced to use force on an inmate who was not cooperating. The city argues that both employees violated the use of force protocol which was captured on video which was part of their proffered reasons for termination. Therefore, the investigations do not show an adverse action and no reasonable jury could not find that the sergeant and officer were wrongfully terminated or discriminated against.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 21, 2024, Case #: 2:21cv1608, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation