81 results for 'judge:"Thompson"'.
[Consolidated.] J. Thompson denies, in part, the attorney general’s motion to dismiss this lawsuit regarding the constitutionality of prosecuting anyone who assists in facilitating out-of-state abortions brought by an advocacy group, also on behalf of its clients, and a women’s center also on behalf of its staff. The group and center seek to prohibit the prosecution of those who assist pregnant women to obtain abortions where it is still legal in other states alleging it is a violation of the right to travel, freedom of speech, freedom of association, the right to fair-notice due process claims, and is overbroad. The attorney general cannot prevent people to travel to another state, “Alabama can no more restrict people from going to, say, California to engage in what is lawful there than California can restrict people from coming to Alabama to do what is lawful here.” Their overbreadth and the fair-notice due process claims are dismissed, but the advocates’ freedom of speech, right to travel, freedom of association and extraterritoriality claims survive the motion.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: May 6, 2024, Case #: 2:23cv450, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government, Due Process
J. Thompson approves a consent decree settling an employment lawsuit alleging unlawful sexual harassment and a hostile work environment based on gender by a former employee against Chipotle. The consent decree governs two Chipotle locations and will be in effect for two years, ensuring compliance and enforcement for a discrimination-free workplace. Chipotle shall pay the employee $50,000 and this case is dismissed with prejudice, but the court retains jurisdiction over this matter for enforcement purposes.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: May 1, 2024, Case #: 2:22cv326, NOS: Employment - Civil Rights, Categories: Corporations, Employment, Settlements
J. Thompson finds that defendant was properly resentenced to the same maximum sentences on each of his five counts related to drug and gun convictions. The sentences are within the statutory range, and the record shows that defendant had a long and continued history of criminal activity and convictions spanning over 30 years. Further, defendant was arrested for the charges he is currently appealing while he was already on parole. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson , Filed On: April 10, 2024, Case #: 55,592-KA, Categories: Drug Offender, Firearms, Sentencing
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J. Thompson finds that defendant should not have been convicted of illegal possession of a stolen firearm. In this case, the state did not show that the gun was stolen because the jury was not provided with the name of the person who owned the gun, the date/location when stolen, the name of the investigating officer, or the name of the officer who entered the gun as stolen. Further, there was no information on the report of the gun being stolen. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Thompson , Filed On: April 10, 2024, Case #: 55,444-KA, Categories: Evidence, Firearms
J. Thompson finds that the jury properly awarded $3 million in exemplary damages to a driver after she was injured in a collision with the dislodged wheel from a drunk driver's car. In this case, the drunk driver's blood alcohol content was four times the legal limit, and the record shows that he repeatedly failed to disclose the truth of his consumption of alcohol that day and often changed his story to his family and coworkers regarding the circumstances surrounding the accident. Also, the record shows that the drunk driver's conduct of driving while intoxicated was not an isolated incident. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: April 10, 2024, Case #: 55,599-CA, Categories: Evidence, Tort, Damages
J. Thompson finds that the trial court properly dismissed breach of contract and negligent misrepresentation claims brought after students were expelled from a private school because enrollment contracts granted the school discretion to terminate enrollment. Affirmed.
Court: North Carolina Court of Appeals, Judge: Thompson, Filed On: April 2, 2024, Case #: COA23-252, Categories: Education, Contract
J. Thompson finds that the trial court properly ruled for the state cemetery commission in takings claims brought against Smoky Mountain Memorial Parks, Inc., and other defendants because the land had been designated for use as a cemetery. As the commission points out, cemeteries include both plotted sites being used as graves and unplotted portions of land that are "to be used" as such, even if "there are not yet bodies in the ground." Affirmed.
Court: North Carolina Court of Appeals, Judge: Thompson, Filed On: April 2, 2024, Case #: COA23-761, Categories: Property
J. Thompson grants, in part, a college, its president, and its vice president’s renewed partial motion to dismiss and the chancellor of postsecondary education’s motion to dismiss this unlawful discrimination and retaliation dispute brought buy two former employees. The employees are both Hispanic and allege they were treated differently than their coworkers when denied promotions. The age discrimination declaratory relief against the president, vice president and chancellor in their official capacities are dismissed. The employees’ claim for monetary damages may proceed against the president and vice president in their individual capacities, as can the declaratory relief claim. The employees’ motion for order of substitution to add the interim president in her official capacity is denied as moot.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: March 29, 2024, Case #: 3:14cv33, NOS: Employment - Civil Rights, Categories: Equal Protection, Employment Discrimination, Employment Retaliation
J. Thompson denies a chemical company’s partial motion to dismiss in this employment dispute brought by a former employee. The employee alleges sex-based discharge discrimination claim after she reported being sexually harassed and sexually assaulted by a male supervisor. The company alleges that the employee fails to exhaust her claim because the EEOC charge did not point to similarly situated comparators who were fired. None of those particulars are required at the charging stage and the evidence so far suffices to defeat the motion.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: March 29, 2024, Case #: 2:23cv531, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
[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. Thompson grants a hospital and its chief of surgery’s motion to stay and compel arbitration in this employment dispute brought by a former employee. The employee must pursue her numerous claims, including fraud, negligence, sex discrimination, and assault and battery claims, through arbitration and this case is administratively closed pending the outcome.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: March 18, 2024, Case #: 2:22cv178, NOS: Employment - Civil Rights, Categories: Arbitration, Employment, Interference With Contract
J. Thompson finds that the trial court properly denied defendant's motion to suppress drug evidence found during a search of his residence by a parole officer while he was living with a parolee. In this case, the parole officer had the authority to conduct a visit with her parolee and observed the marijuana candy when she entered the home. However, the officer did not have the authority to search the entire home without a warrant, including defendant's bedroom and other areas, and the officer did not testify to having observed the firearms in plain view. Therefore, defendant's motion to suppress gun evidence should have been granted. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: February 28, 2024, Case #: 55,427-KW, Categories: Drug Offender, Firearms, Search
[Consolidated.] J. Thompson finds that defendant was properly convicted of armed robbery for robbing a delivery truck driver. The evidence shows that defendant pointed a gun at the driver and gave commands while his accomplice removed liquor from the back of the truck. Further, defendant's 45-year sentence was proper based on his extensive criminal history. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: February 28, 2024, Case #: 55,477-KA, Categories: Robbery, Sentencing
J. Thompson finds that the trial court properly granted joint custody of the parties' child with the mother the designated domiciliary parent. In this case, the parties were living in Miami when the father took the child to Louisiana without telling the mother, who is from Venezuela, and started divorce proceedings. Further, the child is in a bilingual school in Miami, and the maternal grandmother has moved in with the mother to help care for the child while the mother is at work. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: February 28, 2024, Case #: 55,654-CA, Categories: Evidence, Family Law
J. Thompson finds that defendant was properly convicted of second degree murder. It is undisputed that defendant shot the victim, his friend, four times after an argument concerning the robbery of defendant's home. The evidence shows that the much smaller victim was on the ground, unarmed, and attempting to get away from defendant when he was shot twice in the back of the head. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: February 28, 2024, Case #: 55,491-KA, Categories: Evidence, Murder
J. Thompson grants the Department of Agriculture’s motion for summary judgment in this discrimination suit brought by a Black veterinarian who worked for the department for two days in 1993, then unsuccessfully reapplied for positions in 1998 and 2010. She was not hired because she had been terminated in 1993, not for discriminatory reasons.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: February 23, 2024, Case #: 2:22cv99, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Thompson finds that the lower court properly dismissed claims seeking damages for intentional infliction of emotional distress claims brought after plaintiff signed a release as co-administrator of her daughter's estate after her daughter died in an drunk driving accident caused by her son-in-law because plaintiff failed to state a claim upon which relief could be granted. Affirmed.
Court: Kentucky Supreme Court, Judge: Thompson, Filed On: February 15, 2024, Case #: 2022-SC-0438-DG, Categories: Damages, Emotional Distress
J. Thompson reverses, in part, the lower court's finding for a condo association and others on a condo owner's contract claims. There are questions of fact as to when his claims accrued and which party is responsible for remediation of issues within his condo. Reversed in part.
Court: DC Court of Appeals, Judge: Thompson, Filed On: January 11, 2024, Case #: 22-CV-0644 , Categories: Property, Contract
J. Thompson finds that defendant was properly convicted of two counts of first degree rape, with both victims under the age of 12. The victims testified at trial that defendant raped them multiple times over a period of several years, starting when they were between the ages of three and six years old. Defendant's actions with the victims, who never met, demonstrate a pattern of targeting extremely young girls and abusing them while their mothers were at work. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: January 10, 2024, Case #: 55,464-KA, Categories: Evidence, Sex Offender
J. Thompson finds that defendant was properly convicted of felony carnal knowledge of a juvenile. Defendant admitted to having sex with his 14-year-old co-worker, and his statements were corroborated with the victim's interview with medical professionals. Further, the 15 year sentence was proper based on the 39-year-old defendant taking advantage of the victim and for his criminal history, which included a prior conviction for carnal
knowledge of a juvenile that required him to be registered as a sex offender. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: January 10, 2024, Case #: 55,461-KA, Categories: Evidence, Sex Offender