J. Thomas finds that the district court improperly denied the County of Alameda's motion to dismiss claims brought by a putative class of non-convicted individuals who work or worked without pay for a private company while detained in Alameda County’s Santa Rita Jail. The California Supreme Court determined that the individuals'’ minimum wage and overtime claims failed. The California Supreme Court also concluded that the California Penal Code concerning compensation for prisoners for work done in county jail at rates far below minimum wage applies to pretrial detainees. Reversed.
Court: 9th Circuit, Judge: Thomas, Filed On: July 26, 2024, Case #: 21-16528, Categories: Employment, Class Action, Prisoners' Rights
J. Miller-Lerman dismisses the appeal for lack of jurisdiction. The county court disestablished the putative father's paternity of the minor child after another possible father sought to establish paternity. The court found fraud and material mistake of fact involving the putative father's signed and notarized acknowledgment of paternity, setting aside the acknowledgment and denying a motion for a new trial. The mother and putative father appeal the order setting aside the acknowledgment and disestablishing paternity, as well as the order denying a new trial. Nebraska revised statute governing multiple parties and multiple claims dictates that the orders are not appealable.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: July 26, 2024, Case #: S-23-673, Categories: Family Law, Fraud, Guardianship
J. Srinivasan finds that the agency improperly modified the methodology for setting the maximum amount pipelines may charge customers. The agency did not give proper notice for comments before its changes.
Court: DC Circuit, Judge: Srinivasan, Filed On: July 26, 2024, Case #: 22-1045, Categories: Energy, Government
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J. Rao finds that the federal energy regulatory commission properly required a power company to pay for upgrades to low voltage facilities because regional upgrade charges are fixed, and the company benefits from such economic projects that lower the cost of transmitting electricity.
Court: DC Circuit, Judge: Rao, Filed On: July 26, 2024, Case #: 20-1283, Categories: Energy
[Consolidated.] J. Newsom finds that the district court properly refused to certify any class in two civil rights actions brought by Montgomery citizens against the city, an attorney appointed to represent probationers and a contractor helping to administer the city's probation program. The citizens alleged that the city's practice of jailing some probationers for failing to pay their traffic fines without properly inquiring into their ability to pay is unconstitutional. The district court correctly found that six proposed classes or subclasses of citizens failed to show that common issues of law predominated over individual issues. The claims raised by the citizens turn on individualized facts. Affirmed.
Court: 11th Circuit, Judge: Newsom, Filed On: July 26, 2024, Case #: 21-12468, Categories: Civil Rights, Class Action
J. Cassel finds the district court properly granted summary judgment in favor of the archdiocese on its former priest's libel and intentional infliction of emotional distress claims. The archdiocese published an online list naming church personnel against whom claims of sexual misconduct with a minor had been made. The priest brought his claims beyond the limitations period and republication of the list does not trigger a new limitations period. The ministerial exception also shields the church from liability regarding a conversation between a church official and a Catholic hospital CEO regarding the priest's fitness for service. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: July 26, 2024, Case #: S-23-417, Categories: Defamation, Emotional Distress
J. Mayle finds that defendant's assault conviction was supported by sufficient evidence despite his claim he no longer has enough of the HIV virus in his system to transmit the disease because the relevant statute requires anyone who has ever tested positive as a carrier to disclose that fact to all sexual partners, which defendant failed to do. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: July 26, 2024, Case #: 2024-Ohio-2841, Categories: Evidence, Assault
J. Srinivasan finds that the agency improperly fined the online distributor for fulfilling overseas orders of plant and animal products. The distributor did not knowingly ship out the third parties' offending products and those third parties sign an agreement that assumes responsibility for following local laws.
Court: DC Circuit, Judge: Srinivasan, Filed On: July 26, 2024, Case #: 22-1052, Categories: Agriculture, Commerce, Government
J. Rogers finds that the district court properly convicted defendant of possession of a firearm by a felon. When defendant signed a plea agreement for his earlier armed robbery charge, the judge told him that he would be charged with a felony offense. Affirmed.
Court: DC Circuit, Judge: Rogers, Filed On: July 26, 2024, Case #: 22-3003, Categories: Evidence, Firearms
Vice Chancellor Zurn denies a motion to dismiss or stay this action in favor of arbitration because the plaintiffs are not bound by the defendant physician's employment agreement's arbitration provision, as they did not sue on the employment agreement but on a separate purchase agreement.
Court: Delaware Chancery Court, Judge: Zurn, Filed On: July 26, 2024, Case #: 2023-1280-MTZ, Categories: Arbitration
J. Bress finds that a bankruptcy appellate panel improperly held that, under the circumstances of this case, a Chapter 7 debtor could not exempt from the bankruptcy estate a homestead interest in her residence in an amount above the statutory limit. Reversed.
Court: 9th Circuit, Judge: Bress, Filed On: July 26, 2024, Case #: 22-60050, Categories: Bankruptcy
J. Srinivasan finds that the transportation security administration properly declined to reveal whether plaintiffs are on a watch list subject to enhanced airline screenings because TSA is not the entity that possesses authority to remove passengers from lists, and the agency confirmed the request had been reviewed and any errors corrected.
Court: DC Circuit, Judge: Srinivasan, Filed On: July 26, 2024, Case #: 20-1298, Categories: Transportation, Agency
J. Rogers finds that the district court properly ruled in favor of the FBI to not release certain records dealing with a child pornography conviction. The FBI held back certain records relating to the ongoing enforcement per an exception to the Freedom of Information Act. Affirmed.
Court: DC Circuit, Judge: Rogers, Filed On: July 26, 2024, Case #: 22-5170, Categories: Government, Public Record
J. Harris finds that the trial court improperly ruled the policy holder did not have to pay a deductible when receiving personal injury protection benefits. Affidavit testimony shows that the insurance company does not need to send a separate deductible form to the policy holder, because the original declaration document shows a deductible applies. Reversed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: July 26, 2024, Case #: 5D2023-0746, Categories: Health Care, Insurance
J. King grants a default judgment of $1,800 to the trust for its complaint alleging that the shipbuilding and repair company did not pay all amounts due to the trust from July 1, 2023 to the date of filing and paid for overdue contributions but did not appear in this action. The trust is entitled to default action due to the shipbuilding and repair company not appearing in this action, because even though the shipbuilding and repair company paid the delinquency, that payment happened post-suit and pre-judgment and thus default judgment is the only way the trust can recover additional costs.
Court: USDC Western District of Washington, Judge: King, Filed On: July 26, 2024, Case #: 2:23cv1598, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Attorney Fees
J. AliKhan grants the employee's motion for leave to file an amended complaint, and denies the employer's motion to dismiss or for summary judgment. The employee's proposed amendments would not be futile, since the employer has not demonstrated that her claims have not been administratively exhausted, and at least some of her claims conclusively have been exhausted.
Court: USDC District of Columbia, Judge: AliKhan, Filed On: July 26, 2024, Case #: 1:23cv2262, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Kim partially grants the government's motion to bar an individual defendant in this consumer credit fraud case from claiming or relying on an advice-of-counsel defense, as punishment for breaking a court discovery order. The court finds the individual cannot claim an advice-of-counsel defense regarding certain discovery questions, but declines to make that ban a blanket rule for the case.
Court: USDC Northern District of Illinois, Judge: Kim, Filed On: July 26, 2024, Case #: 1:22cv1880, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Consumer Law, Discovery
J. Heavican finds the lower court properly concluded there was no constitutional single subject violation in a bill restricting gender-altering care for minors as well as addressing matters of abortion. The trial court entered summary judgment against Planned Parenthood's challenge of the bill, finding no violation of the single subject requirement. All provisions of the bill are found to fall under the single subject heading of "public health and welfare." Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: July 26, 2024, Case #: S-23-644, Categories: Constitution, Health Care, Lgbtq
J. Sherriff grants the identity theft victim's motion for summary judgment on her California Consumer Credit Reporting Agencies Act claim. A fraudster used the victim's identity to obtain student loans, which affected her credit even though she reported the issue to law enforcement and the loan servicer. The servicer admits in its answer to that it is a “quasi-governmental entity of the State of Missouri," and so there is no issue of material fact as whether the servicer is a person for purposes of the act. Issues of material fact remain as to the loan servicer's investigation of the identity theft.
Court: USDC Eastern District of California, Judge: Sherriff, Filed On: July 26, 2024, Case #: 1:21cv879, NOS: Consumer Credit - Other Suits, Categories: Government, Consumer Law, Banking / Lending
J. Larsen finds that the bankruptcy court did not abuse its discretion when it denied the auto parts company's motion to vacate a default judgment issued in favor of the bankrupt company because even though the one-year filing deadline for most similar motions did not apply to the motion to vacate, the four-year delay between judgment and filing was clearly unreasonable under procedural rules and allowed for dismissal without consideration of the merits. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: July 26, 2024, Case #: 23-5881, Categories: Bankruptcy, Civil Procedure
J. Sulek finds that the trial court did not err when it included a "duty" instruction to the jury because evidence in the record established the pipeline operator had an implied contract with the repair company employee to shut off supply valves and prevent any jet fuel from being sent down the lines while repairs were performed. Meanwhile, the trial court did not err when it applied comparative fault statutes prior to imposing a cap on noneconomic damages awarded to the injured employee because the only other entities possibly at fault were not named as defendants in the case, which allowed for liability of the entire capped damages amount to be attributed to the pipeline operator. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sulek, Filed On: July 26, 2024, Case #: 2024-Ohio-2835, Categories: Jury, Damages, Negligence
J. Millett finds that the commission properly changed its method for calculating generator capacity and requiring generator owners to provide 120 notice prior to a planned outage. After a severe outage due to a cold snap, the commission used a reliable study to show the need to ensure reliability of the electric grid.
Court: DC Circuit, Judge: Millett, Filed On: July 26, 2024, Case #: 22-1335, Categories: Administrative Law, Energy