99 results for 'filedAt:"2024-04-29"'.
J. Nye grants in part the Sierra Club's motion for preliminary injunction regarding a city ordinance that prohibits the use of megaphones and gathering in parks. A group of high school and junior high student members of the Sierra Club planned to participate in a Global Climate Strike, including marching to city hall while chanting. The group challenges the megaphone and park gathering restrictions. The Sierra Club has shown that the megaphone restriction has led to self-censorship, and has cited multiple instances when the megaphone restriction was enforced. The park restriction is content-neutral and the Sierra Club has ample alternatives to share its message. The city is enjoined from enforcing the ordinance prohibiting the use of sound amplification devices in the downtown area while this lawsuit is pending.
Court: USDC Idaho, Judge: Nye, Filed On: April 29, 2024, Case #: 1:24cv169, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
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J. Winmill denies a heavy equipment auction site's motion for reconsideration regarding a buyer's allegations of breach of contract, fraudulent misrepresentation and unjust enrichment after the machine it purchased arrived with missing parts. The buyer requested a refund and alleges that the auction site never responded. The auction site's motion for summary judgment was denied without a written opinion by a visiting judge, the matter was reassigned to a new judge, and the auction site filed a motion for reconsideration of the denial of summary judgment. There is no evidence of "clear error" by the visiting judge as a material dispute of fact remains regarding whether the company that listed the machine on the auction site was an undisclosed principal.
Court: USDC Idaho, Judge: Winmill, Filed On: April 29, 2024, Case #: 3:21cv150, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Kenworthy finds that the trial court improperly ruled in claims seeking access to public records because Indiana law allows the office of the inspector general to issue advisory opinions if requested, and those opinions are confidential. Thus, the attorney general was within his right to deny access to an opinion he had requested from the inspector general's office. Reversed.
Court: Indiana Court Of Appeals, Judge: Kenworthy, Filed On: April 29, 2024, Case #: 23A-PL-705, Categories: Public Record
Per curiam, the circuit finds the district court properly convicted defendant for Hobbs Act robbery and knowingly discharging a firearm during a crime of violence. Security footage, as well as multiple witness accounts, support the conviction for defendant's armed robbery of the night club where he worked as a security guard. The trial court properly admitted evidence of a prior armed robbery and applied the career offender sentencing enhancement. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 29, 2024, Case #: 23-20021, Categories: Firearms, Robbery, Sentencing
J. Vilardo rules in part for county officials in claims contending an inmate died from acute respiratory failure for lack of proper supervision because evidence did not indicate that anyone other than a single nurse ordered any actions, that the nurse had a prior track record of failing to follow procedure, or that the county trained medical staff at the holding center with deliberate indifference.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: April 29, 2024, Case #: 1:20cv1689, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Wrongful Death
J. Bryson finds that the claims court properly dismissed claims in which inmates seek monetary relief and contend their imprisonment is unlawful due to tribal treaties which deprive the government of prosecuting and incarcerating them, as the treaty provisions are not money-mandating and do not fall within the reach of the Tucker Act. Affirmed.
Court: Federal Circuit, Judge: Bryson, Filed On: April 29, 2024, Case #: 2023-1898, Categories: Native Americans, Prisoners' Rights
J. Ericksen grants the employer's motion for summary judgment in the former employee's suit alleging discrimination based on race and national origin. A number of the employee's claims are time-barred, and he has not established a prima facie case of discrimination for his claims involving denied overtime opportunities, a suspension and emergency placement and alleged retaliation. He has similarly failed to plead a hostile-work-environment claim.
Court: USDC Minnesota, Judge: Ericksen, Filed On: April 29, 2024, Case #: 0:21cv1318, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Rushing finds the lower court properly dismissed the consolidated appeals for lack of jurisdiction. A party to litigation may not immediately appeal a civil contempt order. Instead, the sanctioned party must wait until the final judgment to appeal. The same rule applies in bankruptcy, except the relevant final judgment may be a decree ending the entire case or a decree ending a discrete proceeding within the bankruptcy case. In the two orders underlying the appeals, the bankruptcy court held the asbestos claimants in contempt and sanctioned them for defying a discovery order. Because the contempt and sanctions orders do not terminate a procedural unit separate from the remaining bankruptcy case, they are not final appealable orders. Affirmed.
Court: 4th Circuit, Judge: Rushing , Filed On: April 29, 2024, Case #: 22-1981, Categories: Bankruptcy, Jurisdiction, Asbestos
J. Boasberg partially grants the Justice Department's motion for summary judgment in the public-policy organization's Freedom of Information Act suit seeking the release of communications regarding a dismissed FBI agent alleged to have leaked information to the media and improperly discredited information about Hunter Biden. He also partially grants the organization's cross-motion for summary judgment. While the Bureau is correct that some of the requested records are subject to FOIA exemptions for law-enforcement records and invasions of privacy interests, the balance of interests favors release of non-law-enforcement records containing the agent's last name and the term "whistleblower," or the agent's last name with the last name of his accuser, "Grassley."
Court: USDC District of Columbia, Judge: Boasberg, Filed On: April 29, 2024, Case #: 1:23cv1148, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Public Record
J. Lee finds that the lower court properly found for the insurers in a declaratory judgment action over the insurer's obligation to defend a construction company in an underlying suit filed by the city after it found cracks in the welds of steel columns at O'Hare International Airport. The defects in the welds do not constitute "property damage" under the welder's commercial liability policies because there was no physical injury to any building elements beyond the steel columns with the faulty welds. Affirmed.
Court: 7th Circuit, Judge: Lee, Filed On: April 29, 2024, Case #: 23-1662, Categories: Insurance, Indemnification, Contract
J. Watson dismisses a complaint, filed by the owner of a controversial vanity license plate reading “FCKBLM,” against Honolulu for attempting to revoke the plate. Vanity license plates are a form of government speech that are subject to rules about profanity that are not too vague. Those regulations do not restrict messages based on viewpoint, as the owner suggested, and the letters FCK can be interpreted as an expletive and are not in themselves a protected viewpoint.
Court: USDC Hawaii, Judge: Watson, Filed On: April 29, 2024, Case #: 1:22cv407, NOS: Other Civil Rights - Civil Rights, Categories: Government, First Amendment
J. Ellis grants a worker’s motion to dismiss a supplemental affidavit in this class action over a home lending company’s alleged violations of the federal Worker Adjustment and Retraining Notification Act and Illinois Wage and Payment Collection Act. However, the court also dismisses the case for lack of jurisdiction. The members of the class claimed the company fired all of them with no warning and without providing backpay for accrued personal time.
Court: USDC Northern District of Illinois, Judge: Ellis, Filed On: April 29, 2024, Case #: 1:23cv1839, NOS: Other Labor Litigation - Labor, Categories: Jurisdiction, Class Action, Labor
J. Hunt grants the defendant Chinese e-commerce platform’s motion to dismiss a trademark complaint brought by the plaintiff Chinese fitness equipment manufacturer. The equipment manufacturer owns the trademark for “FitBeast,” displayed on its grip strengtheners, and claims the defendant has helped counterfeiters sell knock-off FitBeast products on its platform. The court finds the plaintiff has not sufficiently alleged these claims.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: April 29, 2024, Case #: 1:23cv2793, NOS: Trademark - Property Rights, Categories: Commerce, Trademark, Business Practices
J. Dick grants, in part, an insurer's motion for summary judgment, dismissing two Louisiana property owners’ counterclaims for fire damage. The insured couple are not able to produce sufficient evidence they resided at the house at the time of the blaze, as required by their insurance policy. The couple’s claims for fire-damaged contents remain.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: April 29, 2024, Case #: 3:23cv584, NOS: Insurance - Contract, Categories: Civil Procedure, Evidence, Damages
J. Liu holds that the appeals court erred in limiting the resentencing authority of a trial court that had stricken a firearm enhancement. A trial court may impose a lesser included, uncharged enhancement that is supported by findings, even if the enhancement is from somewhere in the penal code other than the firearm enhancement statute. Reversed.
Court: California Supreme Court, Judge: Liu, Filed On: April 29, 2024, Case #: S275940, Categories: Firearms, Murder, Sentencing
J. Rosenbaum finds that the district court properly convicted defendant, the ex-sheriff of Clayton County, Georgia, of using his position to deprive pretrial detainees in his custody of their constitutional right to be free from excessive force. On six occasions, defendant had non-violent, compliant detainees handcuffed and confined to restraint chairs for hours without bathroom breaks. Defendant had fair warning that his conduct was unconstitutional. Restraint chair use qualifies as "force" and defendant's use of force was objectively excessive since the detainees were not actively resisting. There was sufficient evidence to allow the jury to find that defendant's conduct had no legitimate nonpunitive purpose and caused the detainees injuries including open wounds and scarring. The district court correctly questioned a juror after receiving reports that they refused to follow the law and properly issued two Allen charges during deliberations. Affirmed.
Court: 11th Circuit, Judge: Rosenbaum, Filed On: April 29, 2024, Case #: 23-10934, Categories: Constitution, Jury, Civil Rights
J. Reiss grants the bank’s motion to stay the action and refer to arbitration in this employment agreement dispute brought by a former executive president who says his assets had been converted. The court found the arbitration clause to be broad as to all disputes related to the employment agreement, and the arbitrator needs to decide the issues of arbitrability.
Court: USDC Vermont, Judge: Reiss, Filed On: April 29, 2024, Case #: 2:23cv274, NOS: Other Contract - Contract, Categories: Arbitration, Employment, Contract
J. Taylor grants the Army Corp of Engineers' motion to dismiss certain claims. The contract for the design and construction of a special operations mountaineering facility at Fort Carson, Colorado was terminated for the contractor's alleged failure to finish the project by its completion date. The contractor sought equitable adjustment, though it failed to provide a sum certain amount for separate and distinct claims. Because the claims must first be presented to a contracting officer with a sum certain giving adequate notice for consideration and of amounts, certain paragraphs are struck to allow the contractor to properly present the claims.
Court: Armed Services Board Of Contract Appeals, Judge: Taylor , Filed On: April 29, 2024, Case #: 63252, Categories: Government, Due Process, Contract
J. Mathias finds that the trial court improperly held that the city was required to provide plaintiff health insurance in employment claims because plaintiff was not a full-time employee merely for being a councilman. Reversed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: April 29, 2024, Case #: 24A-PL-418, Categories: Employment
J. Bloomekatz finds the lower court properly rejected the police officer's request for qualified immunity on excessive force and deliberate indifference claims filed by the estate. Video evidence and the testimony of other officers clearly indicate the decedent was not a threat at the time he was shot and killed in his home after officers were called there for a well check. The decedent had put his gun on the table at which he was seated and merely leaned toward the ground at the time he was shot; therefore, he did not represent a threat to the officer, while he was also required to do more than simply call paramedics after the shooting, at which time the decedent was hemorrhaging blood and struggling to breathe. Affirmed in part.
Court: 6th Circuit, Judge: Bloomekatz, Filed On: April 29, 2024, Case #: 23-3296, Categories: Civil Rights, Immunity, Due Process
J. Mathis finds the trial court properly granted the life insurance company's motion for the production of confidential medical records during discovery. The policyholder waived the patient-physician privilege when she signed a disclosure form as part of her application to process the death benefit claim following the death of her husband. Meanwhile, the insurance company properly rescinded the insurance policy because evidence in the medical records clearly contradicted the policyholder's application answers about her husband's health; specifically, she denied he had any mental disorder despite years of treatment for depression and had no health issues even though he was being treated for chronic liver disease. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: April 29, 2024, Case #: 23-3530, Categories: Insurance, Discovery, Privilege