124 results for 'filedAt:"2024-04-23"'.
J. Choudhury tosses a class action brought by a self-representing litigant claiming several entities orchestrated a scheme to bankrupt and ultimately close an all-girls Catholic high school in Long Island, as well as other schools throughout the country. His claims do not concern federal law or establish diversity jurisdiction. Most notably, the court rules a pro se litigant cannot serve as class representative and class counsel at the same time, as that would unfairly prejudice the class members.
Court: USDC Eastern District of New York, Judge: Choudhury, Filed On: April 23, 2024, Case #: 2:24cv2636, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Jurisdiction, Class Action
J. Moss partially grants the FDA's motion for summary judgment and the tobacco vaporizer maker's cross-motion for summary judgment in a Freedom of Information Act suit brought by the vape maker seeking information on its denied premarket tobacco applications. The FDA's withholding of records under an exemption for "inter-agency or intra-agency memorandums or letters" was proper because those documents were part of the deliberative process, regardless of the vape maker's various arguments that they were produced after the agency's decisions were made, because they were nevertheless produced before those decisions were finalized and published. Memos summarizing scientific data also are not privilege-free scientific reports in this case, since they were compiled for deliberative purposes. The agency has also established that the release of withheld memos would cause foreseeable harm and would chill the ongoing supervisory review process.
Court: USDC District of Columbia, Judge: Moss, Filed On: April 23, 2024, Case #: 1:22cv2853, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Administrative Law, Government, Public Record
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J. Cooper grants the employer's motion for partial summary judgment and denies the employee's motion for summary judgment in a suit alleging that the employee reneged on an obligation to return a bonus when she left her role as the employer's subsidiary's president. The pay schedule provisions of the employee's bonus contract is enforceable, and the employee breached them by failing to return an accelerated payment. The doctrine of unclean hands also does not apply in this case. The employer's request for fees incurred in summary judgment briefing as a sanction for the employee's litigation conduct is denied.
Court: USDC District of Columbia, Judge: Cooper, Filed On: April 23, 2024, Case #: 1:22cv2574, NOS: Insurance - Contract, Categories: Employment, Choice Of Law, Contract
J. Moss denies the state of Florida's motion seeking a stay of an injunction entered in a suit brought under the Endangered Species Act pending appeal. Staying the decision would, in effect, deny the environmental groups the preliminary injunctive relief they sought, so the public interest and risk of injury to those groups weigh against a stay. Florida, meanwhile, has not demonstrated that it is likely to suffer an irreparable injury absent a stay, nor that it is likely to prevail on appeal.
Court: USDC District of Columbia, Judge: Moss, Filed On: April 23, 2024, Case #: 1:21cv119, NOS: Environmental Matters - Other Suits, Categories: Civil Procedure, Environment
J. Tigar allows negligence and race discrimination claims to proceed from a single plaintiff against the California Department of Corrections stemming from an incident at CTF Soledad in July 2020 where more than 50 Black inmates were awakened in the middle of the night to be interrogated in the dining hall, leading to an outbreak of Covid-19 at the facility. Of the initial class of over 50 people who were allegedly targeted by the event or got Covid from it, years of proceedings narrowed the class down to six. Today it is trimmed down further to just one. The rest lack standing for not exhausting all of their administrative options.
Court: USDC Northern District of California, Judge: Tigar, Filed On: April 23, 2024, Case #: 4:23cv582, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Prisoners' Rights
J. Phillips dismisses an appeal from a podcast and its host that sought to challenge a ruling that refused to toss defamation claims leveled against them from a doctor after the podcast spread false claims about the doctor being a member of "Antifa" and trying to rig the 2020 election in favor of Joe Biden. The lower court denied their motion to toss the claims after finding that the doctor was likely to prevail on the merits of his claims. Their appeal falls outside the collateral-order doctrine, leaving it dismissed for lack of appellate jurisdiction.
Court: 10th Circuit, Judge: Phillips, Filed On: April 23, 2024, Case #: 23-1109, Categories: Defamation
J. Hamilton finds that the lower court properly found for the prison radiologists who misread a prisoner's x-rays that showed the surgically implanted rods in his back were broken, leaving him in pain for over a year. The radiologists' error was negligent, but did not rise to the level of deliberate indifference, nor did the actions of the prison doctor who found the mistake and put the prisoner on the path to corrective surgery. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: April 23, 2024, Case #: 23-1220, Categories: Constitution, Prisoners' Rights
J. Stabile finds that the trial court improperly granted defendant’s motion to decertify this case charging him with attempting to murder two police officers when he was 16 years old. The decertification order is defective due to the trial court’s failure to consider multiple criteria that it was required to take into account before granting decertification. Vacated.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: April 23, 2024, Case #: J-A24009-23, Categories: Evidence, Murder, Civil Rights
J. Robie finds that the trial court properly rejected a civil service employee's claim that her due process rights were violated when she was denied a Skelly hearing. Skelly hearings are only available upon notice of an adverse employment action, and she chose a voluntary demotion rather than face what she was told would be possible termination. Affirmed.
Court: California Courts Of Appeal, Judge: Robie, Filed On: April 23, 2024, Case #: C097235, Categories: Employment, Due Process
J. Flanagan grants an IT management company’s motion for summary judgment following allegations of race discrimination and wrongful termination brought by a former manager. The manager, a Black man originally from Haiti, argues that his white male supervisor did not promote him but promoted another white man, instead placing the manager in a newly created role instead. However, the supervisor correctly argues that the manager did not have the skill set for those positions, and the manager accepted the role offered. The manager also fails to present any evidence of race discrimination or sufficient evidence for wrongful termination after he resigned.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: April 23, 2024, Case #: 5:22cv345, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Navarro-McKelvey finds that the lower court properly granted sole legal and physical custody of the parties' three children to the father. The court was not required to consent to a parenting plan the father had proposed three years earlier, as the parties were no longer in agreement as to the custody arrangements, so the court was required to determine a custody plan that was in the best interests of the children. Affirmed.
Court: Missouri Court Of Appeals, Judge: Navarro-McKelvey, Filed On: April 23, 2024, Case #: ED111647, Categories: Family Law
J. Hardwick finds that the lower court properly found for the defendant grout-maker on antitrust claims alleging that its noncompete agreement with its former president violated the law. In the noncompete agreement, the former president agreed to a 10-year non-competition period because he was caught violating a previous one-year agreement within three months. The extended term was reasonable as part of a settlement agreement to avoid litigation over the president's breach of the first noncompete agreement. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardwick, Filed On: April 23, 2024, Case #: WD86444, Categories: Antitrust, Business Practices
J. Estudillo amends the employee's judgment to $5,400 in economic damages for her complaint alleging that the supervisor and the city did not prove her promotional opportunities and fired her because of her gender. The supervisor and the city agree with the employee's contention that the parties stipulated to economic damages if the jury found liability for the retaliation claim, which they did.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: April 23, 2024, Case #: 3:19cv5002, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Damages
Per curiam, the appellate division finds that the lower court improperly dismissed the insurer's claim for a declaratory judgment that it has no duty to defend the archdiocese in 1500 underlying sexual abuse actions. The insurer's allegations concerning the archdiocese's longstanding awareness of sexual abuse should not have been discounted. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02139, Categories: Tort, Indemnification
J. Halligan finds that the appellate division improperly accepted non-eyewitness testimony from a police detective to identify defendant in grainy surveillance video as the party who fired three shots into a van on a city street. The detective contends he knew defendant's build and mannerisms from their interactions, but the detective's familiarity with defendant was not likely superior to the jury's ability to determine identity. Reversed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: April 23, 2024, Case #: 23, Categories: Witnesses, Identification
J. Wilson finds that a mistrial should have been declared in defendant's trial for drug possession after a juror expressed fears that her car had been followed by defendant early on in the proceedings because the juror was "grossly unqualified" by bias and should have been dismissed. Reversed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: April 23, 2024, Case #: 41, Categories: Jury
J. Rivera finds that the appellate division improperly granted defendant a writ of error coram nobis on grounds that appellate counsel failed to seek direct appeal concerning defendant's abrupt removal from the courtroom while the verdict was being announced. No "practical opportunity" arose to provide warnings about removal in light of disruptive behavior exhibited by defendant, a teenager convicted of attempted murder, and a claim alleging rights violation would have lacked merit. Reversed.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: April 23, 2024, Case #: 42, Categories: Ineffective Assistance
J. Gill finds the lower court improperly dismissed a tenant's claims for damages and attorney fees associated with an allegedly illegal eviction. A tenant was served with a five-day eviction notice by a landlord during a period when evictions were prohibited due to Covid-19. While the landlord eventually moved to dismiss its claim, the tenant’s counterclaims moved forward, but were dismissed on grounds that the Wisconsin Consumer Act did not apply to residential leases. But the instant court finds it does apply, as a residential lease is a consumer transaction, with the tenant as the customer. The matter is remanded to determine attorney fees owed to tenant’s counsel and to determine the amount of damages to be awarded to the tenant. Reversed.
Court: Wisconsin Court of Appeals, Judge: Gill, Filed On: April 23, 2024, Case #: 2022AP182, Categories: Landlord Tenant, Damages, Attorney Fees
[Consolidated.] J. Ramirez finds the district court properly convicted defendants for money laundering based on sufficient evidence. DEA agents observed defendants carrying suitcases that were later found to contain large amounts of cocaine and $269,000 in cash, and they later found $432,000 hidden in a house associated with the organization. Although defendants' motion to suppress certain evidence alleged a warrantless search, the affidavit did not establish the search occurred without a warrant. Furthermore, defendants' motion for a new trial was properly dismissed as untimely. Affirmed.
Court: 5th Circuit, Judge: Ramirez , Filed On: April 23, 2024, Case #: 22-40570, Categories: Drug Offender, Evidence, Money Laundering
J. Fischer finds that while the port authority is an arm of the state, it is not exempt or immune from being assessed prejudgment interest in the current case, where the developer obtained a judgment as a creditor for the port's breach of a development contract. Therefore, the case must be remanded for a proper calculation of interest. Reversed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: April 23, 2024, Case #: 2024-Ohio-1501, Categories: Government, Damages, Contract
J. Pirtle finds the Nebraska Tax Equalization and Review Commission properly reversed the board's decision upholding its assessed value of the grocery store. Kroger appealed the board's assessed value of roughly $4.5 million, providing expert testimony the property was more correctly valued at $2.5 million. The board presented little evidence as to how its computer-aided appraisal was utilized, also insufficiently explaining market adjustments and specifics on figuring depreciation. The record is inadequate as to how the board’s valuation was determined compared to Kroger's well documented valuation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 23, 2024, Case #: A-23-268, Categories: Evidence, Tax, Experts
J. Riedmann finds the district court properly denied defendant's motion to transfer his case to the juvenile court. Sufficient evidence supports allegations against the 16-year-old involving his sexual abuse of children, including one younger than 1 year old. Defendant's prior involvement with the juvenile court system, the allegations being made within three months of his return home, the severity of the allegations and the public’s need for protection makes retention in the district court proper. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: April 23, 2024, Case #: A-23-880, Categories: Juvenile Law, Sex Offender, Jurisdiction