68 results for 'judge:"Kirsch"'.
J. Kirsch finds that the lower court properly found for the insurer in a dispute over insurance coverage for the non-responsible parties of an auto accident. These parties cannot recover as assignees of the insured, because the the assignment's covenant not to execute the judgment against the insured personally rendered the insured not legally responsible, therefore triggering no responsibility on the part of the insurer. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: May 7, 2024, Case #: 23-1299, Categories: Insurance, Contract
J. Kirsch finds that the lower court properly ordered the bankruptcy trustee to return her fee because the debtor's plan was never confirmed, even though he made payments under a proposed plan. The trustee is not entitled to a fee for pre-confirmation payments when the court dismissed the bankruptcy proceedings for unreasonable delay. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: May 3, 2024, Case #: 23-2212, Categories: Bankruptcy
J. Kirsch finds that the lower court properly found for the city on a female employee's gender discrimination claims. The employee does not identify adequate male comparators to support her equal pay and sex discrimination allegations, nor does she show that she engaged in protective activity to support a retaliation claim. Rather, the city presents a reasonable explanation for believing her performance inadequate in support of its decision to fire her. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: April 30, 2024, Case #: 23-1761, Categories: Employment Discrimination, Employment Retaliation
J. Kirsch dismisses the South African immigrant's appeal of the cancellation of his removal based on having overstayed his visa. The immigrant was twice arrested on domestic violence charges, and, although the charges were dismissed, the board reasonably found that his criminal history made him ineligible to cancel his removal proceedings.
Court: 7th Circuit, Judge: Kirsch, Filed On: April 25, 2024, Case #: 23-2208, Categories: Immigration
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J. Kirsch finds that the lower court improperly upheld the Illinois Department of Corrections' policy prohibiting phone contact between a parent conviction of a sex offense and their minor child while the parent is on supervised release. The department may readily monitor calls as an alternative to an outright ban on phone contact, which denies parents the right to communicate with their children. Reversed in part.
Court: 7th Circuit, Judge: Kirsch, Filed On: April 18, 2024, Case #: 22-2791, Categories: Communications, Due Process, Prisoners' Rights
J. Kirsch allows a company to continue claims contending manufacturers failed to deliver vinyl gloves and refused to return the deposit because the broker knew the manufacturer misrepresented that the company's deposit was guaranteed by a bank letter.
Court: USDC New Jersey, Judge: Kirsch , Filed On: April 8, 2024, Case #: 3:22cv6120, NOS: Other Contract - Contract, Categories: Contract
J. Kirsch finds that the immigration board properly found the Mexican immigrant ineligible for withholding of removal. The evidence supports the board's finding that the immigrant is not being persecuted by individuals whom the Mexican government is unable or unwilling to control, as police helped him a number of times and he was permitted to transfer government jobs on multiple occasions. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: March 29, 2024, Case #: 21-3253, Categories: Immigration
J. Kirsch finds that the lower court properly found for the city on a former police officer's ADA claims alleging it failed to accommodate his sleep apnea. The city offered the officer several reasonable accommodations, but it was never able to implement any of them because he was disciplined for pressuring subordinates to support him against the city and for improperly storing police personnel files. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: March 8, 2024, Case #: 23-2140, Categories: Ada / Rehabilitation Act, Employment Retaliation
J. Kirsch finds that the lower court improperly found for the prison guards in a First Amendment prisoner suit stemming from the prisoner's discipline for the possession of a bag of sage, which he was accused of stealing from the First Nations chapel. The prison guards waived their statute of limitations argument by failing to present it before the lower court. Reversed.
Court: 7th Circuit, Judge: Kirsch, Filed On: March 5, 2024, Case #: 21-2860, Categories: Civil Procedure, Prisoners' Rights
J. Kirsch rules for the department of commerce in claims contending the department failed to properly appoint members of its mid-Atlantic council in promulgating a rule that alters allocation of black sea bass, summer flounder, and scup between recreational and commercial sectors. Cases cited by commercial fishermen did not involve standing to sue the council or agency over the rule, and states have not written their own rules in a way that prevents federal cuts from harming them. Meanwhile, the policy language indicates the region in which each council can make recommendations, not the region over which each council has authority.
Court: USDC New Jersey, Judge: Kirsch , Filed On: February 28, 2024, Case #: 3:22cv7360, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Trade
J. Kirsch finds that the lower court properly vacated a $7.8 million jury award and ruled for the employer on the veteran's ADA retaliation claim. The veteran claimed her former employer discriminated against her based on her PTSD and won a "monstrously excessive" judgment that was the result of passion and prejudice. After the verdict, the court correctly ruled that the veteran did not have a valid ADA claim because showing up to work on time was an essential part of her job. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: February 27, 2024, Case #: 23-1165, Categories: Ada / Rehabilitation Act, Veterans, Employment Retaliation
J. Kirsch finds that the lower court properly convicted defendant of being a felon in possession of a firearm after his car was searched because his friend was standing next to the sedan drinking from a red solo cup. His friend willingly told police that the drink contained alcohol, and officers legitimately searched the car after noticing an open bottle of alcohol in the back seat. The search was valid because the initial encounter with the officers was consensual, and defendant's incriminating statements were attenuated from the allegedly unlawful seizure. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: February 26, 2024, Case #: 23-1001, Categories: Firearms, Search
J. Kirsch finds that the lower court properly found for the mayor in an ADA discrimination suit filed by a fire chief who's contract required him to enroll in college courses. The chief's request to waive the education condition was not a request for a reasonable accommodation for his heart condition, and he has not shown that the mayor's reason for denying him a raise was pretextual. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: February 23, 2024, Case #: 22-2945, Categories: Ada / Rehabilitation Act, Employment Retaliation
J. Kirsch denies plaintiff a restraining order against a decentralized autonomous organization that allegedly failed to process the investor's cryptocurrency redemption requests. The investor failed to establish the company would not be able to pay an award following trial, and an alleged security incident in the underlying treasury in 2024 did not render the claims urgent because the investor purchased the tokens after similar incidents in 2023.
Court: USDC New Jersey, Judge: Kirsch , Filed On: February 13, 2024, Case #: 3:24cv722, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Kirsch rules for the U.S. in claims contending tenants suffered severe injuries due to asbestos, mold, and other unhealthy living conditions at the Veterans Affairs apartments. The administrative claims were denied in 2020, and the tenants failed to file the claims in federal court within six months of that decision. Further, despite the tenants' medical problems, nothing justified equitable tolling.
Court: USDC New Jersey, Judge: Kirsch , Filed On: January 22, 2024, Case #: 3:22cv583, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Veterans, Negligence, Asbestos
J. Kirsch rules against parents who claim the school district failed to provide adequate special education services to their autistic student. There is no case law stating schools have a duty to provide before-school aides or services, and the parents did not demonstrate the administrative law judge erred by not concluding the school district was obligated to provide "home programming" services due to her work schedule.
Court: USDC New Jersey, Judge: Kirsch , Filed On: January 17, 2024, Case #: 3:22cv107, NOS: Education - Civil Rights, Categories: Education
J. Kirsch allows the stepsister to continue with her amended complaint alleging that she was sexually assaulted by her four adult stepbrothers when she was a minor in the 1970s. There is no bad faith or dilatory motive in the woman's amendments, as the proposed amendments only add details in response to the stepbrothers' claims that the complaint lacked specificity. The complaint was timely filed because the statute of limitations had been tolled due to the Covid-19 pandemic.
Court: USDC New Jersey, Judge: Kirsch , Filed On: January 17, 2024, Case #: 3:21cv20270, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Emotional Distress
J. Kirsch finds that the lower court properly denied the contractor's motion for a new trial after it was found liable for defrauding two homeowners, whom a jury awarded $905,000 in damages. The jury instructions did not improperly instruct the jury that the contractor intended from the outset to punish the homeowners for not completing the contract. Further, the damages award is reasonable because the contractor's actions caused the homeowners not to receive a return of their down payment of $117,000 for five years. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: January 8, 2024, Case #: 22-2267, Categories: Construction, Fraud, Damages
J. Kirsch finds that the lower court improperly ruled that both insurers have a duty to defend the construction contract in a personal injury suit stemming from the collapse of a truss. Burlington Insurance has a duty to defend, but Artisan and Truckers Casualty has no duty to defend because the operations exclusion applies, as the lawsuit alleges the negligent operation of a crane attached to the insured truck. Reversed in part.
Court: 7th Circuit, Judge: Kirsch, Filed On: January 8, 2024, Case #: 22-2683, Categories: Insurance, Contract
J. Kirsch finds that the lower court properly denied defendant's habeas request alleging police did not honor his invocation of his right to remain silent when seeking to interrogate him about a murder. Nine hours elapsed between his first and second interrogations, and 17 hours between the second and third interrogations. Both represent a significant lapse of time, and defendant was given Miranda warnings before the third interrogation, in which he made incriminating statements. Under the circumstances, the police did not seek to undermine defendant's right to remain silent. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: January 5, 2024, Case #: 22-2968, Categories: Habeas, Prisoners' Rights
J. Kirsch finds for a company in claims contending the Russia Act was unconstitutionally applied when a contract was not renewed on grounds that a Japanese parent company also owned a Russian company. The state law was overbroad in prohibiting conduct allowed under federal sanctions, and the law interferes with the U.S. President's ability to discourage Russian intervention in Ukraine by allowing one state to "undercut" the federal approach to Russia's aggression. Meanwhile, the law prevents the U.S. from speaking with a unified voice in addressing the conflict in Ukraine.
Court: USDC New Jersey, Judge: Kirsch , Filed On: December 22, 2023, Case #: 3:23cv4044, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Constitution, Trade