174 results for 'filedAt:"2024-03-21"'.
J. Meyers declines to dismiss claims contending the Air Force took a company's equipment without providing compensation because the company sufficiently pleaded that the Air Force failed to pay the company after taking the property through its contractor.
Court: Court of Federal Claims, Judge: Meyers, Filed On: March 21, 2024, Case #: 23-6L, Categories: Property, Contract
J. Clark finds that the lower court properly upheld a small claims decision that awarded each side money in a dispute over electrical work performed in the installation of a swimming pool. Without a written contract, the contractors demonstrated through testimony and itemized invoices that they had been hired for the work and performed such according to the request, while the homeowner demonstrated damage stemming from the need to correct certain shortcomings. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: March 21, 2024, Case #: CV-23-0896, Categories: Contract
J. Milazzo denies a request by a representative for a Louisiana investment firm, seeking to strike certain allegations from an Securities and Exchange Commission complaint against him and his employer that he says would prejudice the jury against him in a trial for a "cherry-picking" scheme. The SEC complaint includes allegations his previous employer fired him for inappropriate behavior that did not involve securities and that his current employer knew his ex-wife had accused him of misappropriating $450,000 from his sons’ trust accounts. The adviser can prevent prejudice by a pre-trial request to redact the allegations from the complaint “if and when it is shown to the jury.”
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: March 21, 2024, Case #: 2:23cv5650 , NOS: Securities/Commodities/Exchange - Other Suits, Categories: Civil Procedure, Jury, Securities
J. Egan finds that a widow's appeal should be dismissed as brought from a workers' compensation board directive to provide additional documentary evidence to support her claim for death benefits because the directive was not a final decision subject to appeal, since it sought to clear up whether her husband had signed releases with third parties in a class action concerning on-the-job exposure to asbestos.
Court: New York Appellate Divisions, Judge: Egan, Filed On: March 21, 2024, Case #: 535964, Categories: Civil Procedure, Workers' Compensation
J. Clark finds that the workers' compensation board properly held that a welder/mechanic was not entitled to an award for lost earning power. Although two orthopedic surgeons supported the award, neither had been aware that in addition to a cartilage tear in the employee's wrist, he also claimed work-related bilateral carpal tunnel syndrome, which rendered their opinions premature. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: March 21, 2024, Case #: CV-22-1999, Categories: Experts, Workers' Compensation
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J. Reynolds Fitzgerald finds that the workers' compensation board properly denied benefits on grounds that a warehouse employee's injuries were not job-related. The employee contends she had been trampled by fellow workers as they attempted to board a city bus at end of shift, but the bus stop was not on the employer's property, nor was the bus operated for the employer's benefit or the employee's fare subsidized by the employer. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: March 21, 2024, Case #: CV-22-2154, Categories: Workers' Compensation
J. McShan finds that the workers' compensation board properly held that an employer could not challenge 24-hour home health care for a construction worker who suffered a catastrophic job injury because the level of assistance had been litigated, and, absent an improvement in his conditions, the employer could not seek to reduce coverage to 16 hours daily. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: March 21, 2024, Case #: CV-22-2295, Categories: Workers' Compensation
J. Pritzker finds that civil service employees who work as vocational instructors at state prisons were properly held ineligible for benefits on grounds that they were not totally unemployed. The instructors, who followed a September-June academic year, previously worked optional summer employment before the Covid-19 pandemic, but the fact that classes were not held in the summer of 2020 did not render them eligible for regular or pandemic unemployment benefits because they remained full-time, salaried workers. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: March 21, 2024, Case #: CV-22-2056, Categories: Employment, Covid-19
J. Harris finds that trial court improperly dismissed a developer's counterclaim seeking to relocate a utility's guy wires away from a parcel where it was building a home. Further proceedings are required to allow the developer's experts to opine on matters that had been fairly disclosed. Vacated in part.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: March 21, 2024, Case #: 20210935-CA, Categories: Property, Immunity, Experts
J. Luthy finds that the trial court relied on the wrong standard in rejecting a boundary by acquiescence claim to a disputed strip of land. Evidence that the claimant's predecessor-in-interest had used the strip for at least 20 years and its neighbor's predecessor-in-interest had not complained satisfied the mutual acquiescence element. But the claim fails nonetheless because the claimant failed to show that its predecessor had conveyed the title to the strip to the claimant. Reversed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: March 21, 2024, Case #: 20220523-CA, Categories: Property
J. Lobrano finds that the district court should not have dismissed a class of tenants' claims against resident management corporations arising out of mold exposure in public housing developments. In this case, the resident management corporations were obligated to the tenants as third party beneficiaries under the Resident Management Agreements to maintain their apartments in a safe living condition, including a mold-free environment. Under Williams, the tenants were not only incidental beneficiaries of the agreements entered into between the Housing Authority and the resident management corporations, but were also third party beneficiaries of the agreements. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lobrano , Filed On: March 21, 2024, Case #: 2023-CA-0214, Categories: Class Action, Contract
J. Aiken grants the sheriff's motion for sanctions in the the state police trooper's lawsuit alleging that the deputy sheriff and the deputy sheriff sergeant denied him due process when they wrongfully arrested him for driving under the influence. Sanctions are appropriate in this matter, because the state police trooper violated the sheriff's office's discovery requests by not preserving his text messages and emails.
Court: USDC Oregon, Judge: Aiken, Filed On: March 21, 2024, Case #: 6:21cv1622, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions, Discovery
J. Gilliam allows claims to proceed against LinkedIn from users who say the company uses its control over the professional networking market to force users to spend more on its "LinkedIn Premium Career" services. There is enough on the record at this stage to properly allege that the company has almost “no competitive check" against what kind of prices it can set for its premium services. As a result, the court is also lifting a previously issued stay on discovery so that the case can proceed to the next stage.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: March 21, 2024, Case #: 4:22cv237, NOS: Antitrust - Other Suits, Categories: Antitrust, Discovery
J. Kobes finds a lower court properly dismissed a school district's denial of a child's parents' request for instruction outside of regular hours. The school district argued that it was not obligated to provide the child, who suffers from epilepsy and seizures, with evening instructions after it had already established an individual education program on her behalf. However, the parents sufficiently showed in court that the district failed to provide the child with free appropriate education by denying a customized educational plan based on her inability to attend school before noon, when her seizures are most frequent. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: March 21, 2024, Case #: 22-2137, Categories: Civil Rights, Ada / Rehabilitation Act, Education
[Consolidated.] J. Erickson finds a lower court improperly dismissed a security counselor's discrimination claims against a state employer. The employee objected to required gender identity training, which he claimed violated his religious beliefs, after which the employer did not interview him for a promotion, which it had done when similar positions opened in the past. The employee presented sufficient evidence in court that his employer violated his civil rights for engaging in protected activities. Reversed.
Court: 8th Circuit, Judge: Erickson, Filed On: March 21, 2024, Case #: 23-1207, Categories: Civil Rights, Employment, Employment Discrimination
J. Hamilton finds that the lower court improperly awarded the student $1,000 in statutory damages and $58,000 in attorney fees in a suit over an attorney's failure to warn him of the consequences of failing to respond to requests for admission in an underlying education debt collection action , in violation of the Fair Debt Collection Practices Act. The student lacks standing to bring his claim because the attorney never tried to take advantage of his failure to respond, so the student was not harmed by the attorney's statutory violation. Vacated.
Court: 7th Circuit, Judge: Hamilton, Filed On: March 21, 2024, Case #: 22-2602, Categories: Debt Collection, Attorney Fees
J. Rivera finds that the appellate division improperly agreed that a building owned by a nonprofit and leased to a for-profit entity qualified as exempt from property taxes because the services of the for-profit were "reasonably incidental" to the nonprofit's work. The language of real property tax law is clear that exemptions apply when a nonprofit uses a property or leases it to another nonprofit for charitable purposes, so having an entity in the space that charged for dialysis services defeated exemption. Furthermore, those services were not related to the the purpose of the exempt owner, which was fundraising. Reversed.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: March 21, 2024, Case #: 05, Categories: Real Estate, Tax
J. Blackburne-Rigsby upholds the trial court's dismissal of 10 restaurants and bars' action against an insurer for Covid-19-related closure coverage. They fail to show the Covid-19 virus, rather than municipal orders banning in-person dining, caused direct loss or damage to their properties. Affirmed.
Court: DC Court of Appeals, Judge: Blackburne-Rigsby, Filed On: March 21, 2024, Case #: 22-CV-0950 , Categories: Insurance, Covid-19
[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. Molberg denies the school district's motion for rehearing, but withdraws the court's prior memorandum opinion and substitutes the current memorandum opinion, holding that the lower court properly denied the school district's plea to the jurisdiction. The contractor sufficiently demonstrated the lower court's jurisdiction in this breach of contract action. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: March 21, 2024, Case #: 05-22-00855-CV, Categories: Civil Procedure, Jurisdiction, Contract
[Consolidated.] J. Troutman finds that the appellate division improperly affirmed granting late notices of claim against the City of New York by two men who separately alleged harm through a jailhouse beating and malicious prosecution. In neither case did the man provide sufficient sworn evidence of intentional tort, nor was any court inquiry made into whether the city had independent knowledge of purported employee conduct that led to the claims. Reversed.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: March 21, 2024, Case #: 15, Categories: Civil Procedure, Tort
J. Whitney partially grants an insurance company’s motion for default judgment against a contractor who filed for bankruptcy and has failed to pay on the balance of a bond for $6.9 million. The contractor has paid over $867,000 into a net estate fund, which will be disbursed to the company. However, future payments toward the balance will not be distributed until the entirety is paid off.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 21, 2024, Case #: 3:22cv50, NOS: Other Contract - Contract, Categories: Bankruptcy, Debt Collection, Contract
[Consolidated.] J. Manasco grants summary judgment to Adamsville, Alabama, and a police lieutenant in this race discrimination lawsuit filed by a Black police sergeant and Black police officer The sergeant states he was harassed by the lieutenant, who told plaintiff he “walked like a faggot,” as well as other disparaging comments. The officer states he worked in the jail and fired when he was forced to use force on an inmate who was not cooperating. The city argues that both employees violated the use of force protocol which was captured on video which was part of their proffered reasons for termination. Therefore, the investigations do not show an adverse action and no reasonable jury could not find that the sergeant and officer were wrongfully terminated or discriminated against.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 21, 2024, Case #: 2:21cv1608, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation