141 results for 'filedAt:"2023-08-04"'.
J. Tunheim grants the healthcare employers' motion to dismiss the employees' suits against them alleging that their terminations for refusal to comply with Covid-19 vaccination policies were religiously discriminatory. Two employees' claims are time-barred and were not administratively exhausted. Another has failed to allege how weekly testing requirements conflicted with her religious beliefs, and two more have not adequately pleaded sincerely held religious, rather than medical, beliefs in opposition to the employer's policy. Failure to accommodate is not a cognizable claim under the Minnesota Human Rights Act, so those claims are also dismissed, and Americans with Disability Act claims are administratively exhausted or failed to allege a disability.
Court: USDC Minnesota, Judge: Tunheim, Filed On: August 4, 2023, Case #: 0:22cv1427, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Kollar-Kotelly dismisses a former foreign service officer's pro se emotional distress claim and $3 million in lost salary demand in connection with the Agency for International Development's alleged failure to investigate a massage-related sexual assault that occurred overseas 10 years prior to when he reported the incident. The district court lacks jurisdiction over his claims under the Federal Tort Claims Act due to the exclusionary remedy provision in the Federal Employees' Compensation Act.
Court: USDC District of Columbia, Judge: Kollar-Kotelly, Filed On: August 4, 2023, Case #: 1:22cv1414, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Tort, Emotional Distress
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J. Tigar grants the consumer's motion to voluntarily dismiss her putative class action against the restaurant chain alleging that it serves tuna products that are not actually made with tuna, or not 100% tuna, and denies the chain's motion for sanctions. While the consumer's counsel's failures to meet deadlines and serve expert disclosure and file supplemental materials and submission of an untimely and false declaration regarding a failure to comply with deadlines, among other conduct issues, were "blameworthy," they do not demonstrate recklessness or bad faith.
Court: USDC Northern District of California, Judge: Tigar, Filed On: August 4, 2023, Case #: 4:21cv498, NOS: Other Fraud - Torts - Personal Property, Categories: Sanctions, Consumer Law, Class Action
J. Donato grants judgment to the cell phone company and against the California Public Utilities Commission in an action brought by the phone company seeking a declaration that two Commission resolutions governing the calculation of surcharges on the phone company's revenues from intrastate service are preempted by federal law. The majority of the services that the resolutions would have imposed surcharges on are not surchargeable under the FCC's safe harbor provisions, and the Commission's enforcement of the resolutions would disproportionately impact the phone company in comparison to its competitors, thus conflicting with the FCC's competitive-neutrality requirement.
Court: USDC Northern District of California, Judge: Donato, Filed On: August 4, 2023, Case #: 3:17cv5959, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Communications, Preemption
J. Beeler largely grants the university's motion to dismiss claims brought by its former baseball players alleging that baseball coaches created a sexualized and abusive environment in their program which the university took no action to curb. Breach-of-contract claims brought by students who left the university before 2018 are time-barred, but their Title IX and state education code claims are not. Tort claims, however, are time-barred. Title IX retaliation claims survive, and contract claims by newer players are dismissed with leave to amend. Claims making allegations against the Archdiocese of San Francisco also survive, though it is "highly doubtful" that the allegations would be admissible at trial. Finally, a claim for injunctive relief is moot and so is dismissed.
Court: USDC Northern District of California, Judge: Beeler, Filed On: August 4, 2023, Case #: 3:22cv1559, NOS: Education - Civil Rights, Categories: Education, Class Action
J. Quereshi grants a pair of former administrative assistants and a construction firm their joint motion for approval of a settlement in this Fair Labor Standards Act suit. The case originally also included claims of gender discrimination, hostile work environment and retaliation. The parties have settled on $115,000 split between the assistants to account for lost overtime wages, damages and attorney costs and fees.
Court: USDC Maryland, Judge: Quereshi, Filed On: August 4, 2023, Case #: 8:20cv1846, NOS: Fair Labor Standards Act - Labor, Categories: Attorney Fees, Employment Retaliation, Labor
J. Dennis finds that the Mississippi Secretary of State, in this class action brought by former inmates seeking to have their voting rights restored, improperly found that the claims are barred by state sovereign immunity, with all also found to fail on their merits. The national consensus over the last 50 years has been that permanent disenfranchisement serves no legitimate penological purpose, merely continuing punishment, and is thus cruel and unusual. Reversed, rendered and remanded.
Court: 5th Circuit, Judge: Dennis, Filed On: August 4, 2023, Case #: 19-60662, Categories: Civil Rights, Constitution
[Consolidated.] J. Childs denies and dismisses, in part, two utilities' petitions for review challenging the Federal Energy Regulatory Commission's approval of more than $18 million in upgrade charges. The commission's decision to rely on extrinsic evidence to determine the tariff at issue allows for a certain methodology was not arbitrary and capricious, and the utilities failed to exhaust their administrative remedies for their claim related to an alleged violation of the filed rate doctrine.
Court: DC Circuit, Judge: Childs, Filed On: August 4, 2023, Case #: 20-1429 , Categories: Administrative Law, Energy
J. Schroeder Jr. orders the company, which allegedly subjected 25 Black employees to racial and national origin discrimination, to provide employee time sheets from 2011 and tax records. Statements and notes of interviews with non-parties are protected as work product, but the company's tax records are related to its financial circumstances for potential damages. Further, the use of the time sheets during deposition demonstrates their relevance to the proceedings.
Court: USDC Western District of New York, Judge: Schroeder Jr. , Filed On: August 4, 2023, Case #: 1:16cv691, NOS: Employment - Civil Rights, Categories: Employment
J. Miller finds that the trial court improperly sentenced defendant following his guilty plea to armed robbery, aggravated assault with a deadly weapon and a firearm offense. Defendant's sentence for armed robbery is void because the trial court departed from the mandatory minimum without the state's consent. There was no agreement between defendant and the state for defendant to receive a sentence less than the mandatory minimum for the armed robbery conviction. Vacated.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: August 4, 2023, Case #: A23A0853, Categories: Robbery, Sentencing, Plea
J. Bolden grants in part the employer's motion to dismiss, ruling that the court lacks jurisdiction over the employee's Connecticut Fair Employment Practices Act claim as a result of her failure to attach a release of jurisdiction letter from the Connecticut Commission on Human Rights and Opportunities. Meanwhile, the lack of any evidence the employee had a disability during her tenure with the company requires dismissal of her ADA claim, while the retaliation claim will proceed because the proximity of the employee's termination to her complaint regarding protected activity establishes a prima facie case at this stage of the litigation.
Court: USDC Connecticut, Judge: Bolden, Filed On: August 4, 2023, Case #: 3:23cv31, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Jurisdiction, Employment Discrimination, Employment Retaliation
J. Korman finds that the district court properly entered summary judgment in favor of the City of Stockton on an individual's employment discrimination action under California’s Fair Employment and Housing Act. The employee alleged that he was terminated from his position as Fire Chief for the City of Stockton based upon his religion and, specifically, his attendance of a religious leadership event. The employee failed to present sufficient direct evidence of "discriminatory animus" in the city’s statements and notice of intent to remove him from city service. Affirmed.
Court: 9th Circuit, Judge: Korman, Filed On: August 4, 2023, Case #: 22-15485, Categories: Employment, Evidence, Municipal Law
J. Huffman finds that although defendant's attorney failed to timely file the motion of his intent to argue self-defense, defendant was not denied effective assistance of counsel because the trial court still allowed a full hearing on the matter and so he was not prejudiced by the filing error. Meanwhile, the trial court did not err when it accepted defendant's no contest pleas because it properly informed him of all the consequences of the pleas and defendant told the court he understood his decision, including the inability to appeal his self-defense argument. Affirmed.
Court: Ohio Court Of Appeals, Judge: Huffman, Filed On: August 4, 2023, Case #: 2023-Ohio-2701, Categories: Ineffective Assistance, Murder, Plea
J. Goldsmith rules in favor of the police officer, who allegedly falsely arrested the landlord during a dispute over an eviction. The landlord called 911 and told the operator the officer gave him wrong information about the eviction process and prohibited him from entering his own room, but since police were already there, that violated the city's ordinance against calling police "without good reason."
Court: USDC Eastern District of Michigan, Judge: Goldsmith, Filed On: August 4, 2023, Case #: 2:21cv10879, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Edwards dismisses the former wife's appeal in this case concerning the former husband's alimony obligation. The judgment she seeks to appeal is not final, as the lower court failed to adequately address the interest owed by the former husband based on "his failure to pay the November 2018 attorney-fee award." Accordingly, the court lacks jurisdiction.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: August 4, 2023, Case #: CL-2022-1242, Categories: Family Law, Jurisdiction
[Consolidated.] J. Rickman finds that the juvenile court improperly ordered the Department of Family and Children Services to pay rent to the child's foster mother as a sanction for failing to make reasonable efforts to effectuate the child's permanency plan. The juvenile court entered its order 15 days after the child turned 18 and therefore lacked jurisdiction over her dependency case. Vacated.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: August 4, 2023, Case #: A23A0968, Categories: Family Law, Jurisdiction, Juvenile Law
J. Elgo finds that the disciplinary counsel's claim regarding a suspended attorney's ability to meet with clients while employed by a supervising attorney was mooted when the supervising attorneys terminated their relationships with the suspended attorney; therefore, the appeal of the disciplinary counsel must be dismissed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: August 4, 2023, Case #: AC44763, Categories: Civil Procedure, Attorney Discipline