23 results for 'judge:"Gilbert"'.
J. Gilbert finds that the trial court erred in striking an employee's Private Attorneys General Act complaint. She has standing under the Act to sue on behalf of herself and other employees because she alleged she was an "aggrieved" employee and was deprived of timely meal periods, which made her subject to at least one labor law violation. Reversed.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: April 18, 2024, Case #: B326759, Categories: Civil Procedure, Employment
J. Gilbert partially grants a number of the sued retailers’ motions for fees and fee itemization. The court orders a monster truck manufacturer, as part of the underlying trademark suits, to pay the defendants more than $14,000 in fees.
Court: USDC Northern District of Illinois, Judge: Gilbert, Filed On: March 21, 2024, Case #: 1:22cv6758, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees
J. Gilbert rules an insurance company has a duty to defend a trusses service company on behalf of an employee, who may have prematurely released the truss's crane, which resulted in its collapse. The truss company sufficiently showed in court that the insurer is obligated to provide coverage for attached machinery to the employee's truck, which is not considered an "auto."
Court: USDC Southern District of Illinois, Judge: Gilbert, Filed On: March 19, 2024, Case #: 3:21cv497, NOS: Insurance - Contract, Categories: Employment, Insurance, Contract
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J. Gilbert holds that the trial court must recall its reduction of defendant's sentence to eight years and reinstate his original 25-years-to-life three strikes term. The Three Strikes Reform Act only allows resentencing of those who, unlike defendant, are found not to be a danger to the public.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: December 8, 2023, Case #: B329457, Categories: Sentencing
J. Gilbert finds that the trial court properly determined that a worker who was injured while in a residential rehabilitation program as a condition of probation was not employed by the program sponsor. However, the trial court must reconsider whether he was an employee of the county that approved the sponsor for the purposes of a workers' compensation claim. Annulled in part.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: December 5, 2023, Case #: B321638, Categories: Workers' Compensation
J. Gilbert finds that the trial court properly denied petitions seeking to vacate a zoning ordinance intended to protect wildlife migration corridors. The ordinance, which will create new zoning overlays in rural areas, does not violate the Surface Mining and Reclamation Act because it does not permit a new use. "We are confident that wildlife is loath to seek permission from the County. It pretty much goes where it will. The Project sets standards for future developments that might interfere with the movement of wildlife. That is not permitting a use." Also, the ordinance clearly meets the "common sense" exemption of the Environmental Quality Act, as well as two categorical exemptions. Affirmed.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: November 13, 2023, Case #: B320153, Categories: Environment, Zoning
[Modified.] J. Gilbert deletes the word "toxic" in several places with no change in judgment. The trial court should have allowed a tenant's expert to testify about whether she was harmed by exposure to mold in her apartment. He was board-certified in allergies and immunology and supported his theory with a differential diagnosis of her illness, knowledge that her home was contaminated, a consideration of the timing of the onset of symptoms and an elimination of other potential causes. Reversed.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: November 9, 2023, Case #: B321616, Categories: Landlord Tenant, Negligence, Experts
J. Gilbert grants Ford’s motion to dismiss a former worker’s second amended complaint seeking to enforce a contract settlement agreement claiming that the parties made a mutual mistake by omitting certain language. Any disputes dated before the settlement that support a claim of reform must be enforced. The former worker has 20 days to file an amended complaint, if she fails to file the complaint then the complaint will be dismissed.
Court: USDC Northern District of Illinois, Judge: Gilbert, Filed On: October 30, 2023, Case #: 1:22cv3190, NOS: Employment - Civil Rights, Categories: Employment, Settlements
J. Gilbert finds that the trial court should have allowed a tenant's expert to testify about whether she was harmed by exposure to toxic mold in her apartment. He was board-certified in allergies and immunology and supported his theory with a differential diagnosis of her illness, knowledge that her home was contaminated, a consideration of the timing of the onset of symptoms and an elimination of other potential causes. Reversed.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: October 16, 2023, Case #: B321616, Categories: Landlord Tenant, Negligence, Experts
J. Gilbert finds the trial court improperly convicted defendant for attempted murder. The court concedes the prosecutor’s rebuttal argument, that defendant “admitted to having an ambiguous ethnic presentation and that people that don’t know him think he’s something other than Black,” violated the Racial Justice Act. Defense counsel also rendered ineffective assistance for failing to raise the issue at the sentencing hearing. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: October 12, 2023, Case #: B309921, Categories: Ineffective Assistance, Murder, Prosecutorial Misconduct
J. Gilbert holds that the trial court erred in granting defendant's habeas petition after finding that the Governor lacked evidentiary support to deny him parole. Sufficient evidence supported the Governor's conclusion that defendant lacked insight into the 1995 murder of a 15-year-old. The depravity of the brutal killing after months of planning and his relative youth mean he remains a public safety risk. Reversed.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: September 28, 2023, Case #: B321709, Categories: Habeas, Murder, Parole
J. Gilbert orders Chicago State University to hand over all academic records relating to Nigerian President Bola Tinubu to former Nigerian Vice President Atiku Abubakar, who is challenging the results of the Nigerian presidential election held earlier this year. Abubakar claims Tinubu forged his undergrad degree from the university. Abubakar’s interest in obtaining the records outweighs Tinubu’s privacy rights because Tinubu put his diploma at issue by submitting it to Nigeria’s Independent National Electoral Commission.
Court: USDC Northern District of Illinois, Judge: Gilbert, Filed On: September 19, 2023, Case #: 1:23cv5099, NOS: Other Statutory Actions - Other Suits, Categories: International Law, Discovery
J. Gilbert partially grants the City of Chicago's motion for a protective order on discovery in this fraud case against a food delivery service. Chicago claims the delivery service failed to abide by a city ordinance requiring it to disclose its commission charges to local restaurants, then illegally passed the increased fees on to consumers when the city placed a cap on how much commission the service could charge restaurants. Chicago is granted a protective order on discovery related to certain affirmative defenses.
Court: USDC Northern District of Illinois, Judge: Gilbert, Filed On: August 23, 2023, Case #: 1:21cv5162, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Business Practices, Discovery
J. Gilbert denies a senior citizen’s motion to produce documents from the City of Chicago. The senior had her car towed without ever having been given prior notice, and only got the runaround from city workers when she tried to recover it. Eventually, it was sold to a private lot and scrapped, and the senior received no proceeds from the sale. The senior now seeks documents she claims the city is withholding in order to hamper her class action unjust enrichment case against it, but the court finds it needs more information. It denies her motion without prejudice pending the parties briefs on whether the documents in question should or should not be considered privileged.
Court: USDC Northern District of Illinois, Judge: Gilbert, Filed On: August 9, 2023, Case #: 1:19cv4652, NOS: Other Civil Rights - Civil Rights, Categories: Fraud, Vehicle, Class Action
J. Gilbert denies a motion for a protective order as to a testimony subpoena, brought by a third-party employee of the Cook County Inspector General’s Office. The employee claims giving his testimony in the underlying employment discrimination suit against the county would violate the deliberative process privilege, but the court disagrees.
Court: USDC Northern District of Illinois, Judge: Gilbert, Filed On: August 3, 2023, Case #: 1:21cv3935, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment, Discovery
J. Gilbert holds that defendant's petition for resentencing was invalid. A recently enacted statute requires the corrections department to file for resentencing where enhancements no longer apply, but the statute does not allow individual defendants to file for resentencing.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: July 6, 2023, Case #: B320195, Categories: Robbery, Sentencing
J. Gilbert finds that the trial court properly rejected a community group's petition seeking to restore a statue of Father Junipero Serra to its former location in front of city hall. The city was within its discretion under the Environmental Quality Act to find that the statue, which was a bronze replica of a previous concrete statue, had no historical significance. The city's plan calls for historic preservation, but allows for the removal of objects it finds lack historical value upon reexamination. The city's decision to remove the statue because it offended some in the community was a policy decision, not quasi-judicial. Affirmed.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: June 8, 2023, Case #: B319536, Categories: Environment, Municipal Law