280 results for 'filedAt:"2023-09-28"'.
J. Maldonado partially grants a freight company’s motion for summary judgment on one of its former employees’ sexual harassment, hostile work environment and retaliatory termination claims. The former employee, a man, claims one of his male coworkers repeatedly made unwanted advances on him until eventually he snapped and asked if his coworker was a “f*****.” The court finds the former employee has plausibly alleged sexual harassment and hostile work environment, but finds the company was justified in firing him for using a homophobic slur while on the clock.
Court: USDC Northern District of Illinois, Judge: Maldonado, Filed On: September 28, 2023, Case #: 1:18cv3733, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Kindred grants in part commercial salmon fishing organizations' motion for interim attorney fees regarding a dispute with the federal government over the commercial fishing management of federal waters. The organizations were granted summary judgment and the matter was remanded for further proceedings. The government does not dispute that an award is appropriate, but objects to an award that includes fees for work performed in prior proceedings. As the prevailing party, the organizations are awarded $336,692 in attorney fees.
Court: USDC Alaska, Judge: Kindred, Filed On: September 28, 2023, Case #: 3:21cv255, NOS: Other Statutory Actions - Other Suits, Categories: Environment, Attorney Fees
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J. Osteen dismisses the remaining claims, for lack of subject matter jurisdiction, brought by a former employee who says he was cheated out of his pension after his employer merged with another, larger firm. The entities the retiree sues are not proper parties to his ERISA claims.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: September 28, 2023, Case #: 1:21cv274, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Civil Procedure, Pensions, Jurisdiction
J. Bates grants a motion to dismiss filed by a Hungarian asset management company, a university and three art museums on a family's action to recover an art collection that was seized during the Holocaust. The family fails to show Germany was responsible for the takings, and, if their predecessors were stateless at the time of the seizure, the family cannot show the state's taking was a violation of the international law of expropriation for jurisdictional purposes.
Court: USDC District of Columbia, Judge: Bates, Filed On: September 28, 2023, Case #: 1:10cv1261, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Civil Procedure, Property, Immunity
J. Boardman grants summary judgment to Subaru on a renter’s product liability claims alleging that his left hand was severely injured when the Subaru Outback he was driving deployed its airbags. The driver’s theory does not point out a precise defect in the airbag system, and his expert did not pick one out either, so the system was reasonably safe, not defective.
Court: USDC Maryland, Judge: Boardman, Filed On: September 28, 2023, Case #: 8:20cv2164, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, Negligence, Product Liability
J. McElroy allows plaintiff to continue false arrest and malicious prosecution claims concerning his arrest for the 1988 murder of a 10-year-old girl because plaintiff sufficiently pleaded the arrest warrant included false and/or misleading statements and that he has suffered damaged due to the arrest, even after charges were dropped.
Court: USDC Rhode Island, Judge: McElroy, Filed On: September 28, 2023, Case #: 1:21cv46, NOS: Civil Rights - Habeas Corpus, Categories: Malicious Prosecution
J. Lanier finds that the trial court erred in sustaining the exception of res judicata in favor of insurers regarding the insured's incidental demands seeking defense/indemnity in the property owners' suit over damage from a sinkhole. The plaintiffs in the respective suits are different, as are the alleged causes of action. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: September 28, 2023, Case #: 2023CA0139, Categories: Civil Procedure, Insurance, Property
J. Theriot finds that the trial court improperly revoked the individual's "act of capital contribution" that transferred the rights to his properties to a corporate entity. There was no evidence given regarding the individual's assets and liabilities to determine whether he was insolvent, so there was "no reasonable factual basis" to support the revocation. Reversed.
Court: Louisiana Court Of Appeal, Judge: Theriot, Filed On: September 28, 2023, Case #: 2023CA0193, Categories: Civil Procedure, Evidence, Property
J. Todd finds that the superior court properly held that a trial court lacks jurisdiction to correct a patent and obvious error in a sentencing order when when the correction request was filed outside the time limitations of the Post Conviction Relief Act. The time limitations bar the trial court from correcting the error. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: September 28, 2023, Case #: J-19-2023, Categories: Sentencing, Assault, Kidnapping
J. Easterbrook finds that the lower court properly dismissed the attorney's suit against the Illinois Supreme Court for issuing an order suspending him for "dishonestly" holding himself out as licensed to practice law in Illinois. The court lacks jurisdiction to review the state Supreme Court's decision, and there is no merit to the claim that every single district court judge in Illinois is disqualified because he or she has a law license and is potentially subject to the authority of the state Supreme Court. The attorney has 14 days to show why he should not be subject to sanctions for this frivolous suit. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: September 28, 2023, Case #: 22-3222, Categories: Defamation, Jurisdiction, Attorney Discipline
J. Deahl vacates the trial court's finding for a condo association on a condo unit owner's claims arising from the collapse of a foundation wall, which left the building uninhabitable for almost a year. Contrary to the trial court's finding, the owner was not required to provide expert testimony to support its negligence claim. Vacated in part.
Court: DC Court of Appeals, Judge: Deahl, Filed On: September 28, 2023, Case #: 22-CV-0593 , Categories: Property, Negligence
J. McLeese upholds the trial court's finding for the district on a property owner's due process claims related to the demolition of its building. The owner received adequate notice, as it was post at the property and sent through the mail. Affirmed.
Court: DC Court of Appeals, Judge: McLeese, Filed On: September 28, 2023, Case #: 20-CV-0556 , Categories: Property, Due Process
Per curiam, the North Dakota Supreme Court finds that the district court properly entered judgment after a jury convicted defendant of aggravated assault with permanent loss or impairment and reckless endangerment with extreme indifference. Sufficient evidence supported the conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: September 28, 2023, Case #: 2023ND177, Categories: Evidence, Assault