269 results for 'filedAt:"2024-03-28"'.
J. Simon denies the legislature's second motion for partial summary judgment against the employee's complaint alleging that the legislature fired her after not accommodating her disability. While the legislature asserts that the employee was fired because she did not work well with others, the employee presents ample evidence that she informed the legislature about her disability and sought accommodations, so now it is questionable if the legislature tried to reasonably accommodate her disability.
Court: USDC Oregon, Judge: Simon, Filed On: March 28, 2024, Case #: 3:21cv780, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Garry finds that the lower court properly convicted defendant based on his guilty plea to criminal sexual act against two children. Defendant sought to withdraw his plea on grounds of duress, but during the plea colloquy he denied being threatened or coerced into pleading guilty. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: March 28, 2024, Case #: 111551, Categories: Sex Offender, Plea, Child Victims
J. Gottschall partially grants motions for summary judgment from both an insurance company and a consumer, in this suit over whether the company inappropriately called the consumer despite his number being registered in its “do not call” list. The court grants the consumer’s motion for judgment on the claim that the insurer’s actions were knowing and willful, and for his claim that the insurance company is liable for its contractors contacting the consumer. The court also dismisses a failure-to-identify claim against the insurance company, as the consumer has willingly abandoned it.
Court: USDC Northern District of Illinois, Judge: Gottschall, Filed On: March 28, 2024, Case #: 1:20cv7091, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Communications, Insurance, Negligence
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J. Blakey grants an asset management firm and its executives’ motions to dismiss counterclaims brought against them by one of the firm’s former managers. The asset management firm sued the former manager for breach of contract, fraud and trade secret misappropriation over his alleged lies to clients and intentional sabotage of business relationships. The former manager shot back with counterclaims of defamation, tortious interference and breach of fiduciary duty, but the court finds he has not sufficiently alleged any of these claims.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: March 28, 2024, Case #: 1:22cv4269, NOS: Other Fraud - Torts - Personal Property, Categories: Tort, Defamation, Interference With Contract
J. Blakey partially grants a trucking company’s motion to dismiss fraud, contract breach and Carmack Amendment claims brought by a couple whose interstate move was botched by the company. The court finds the couple have not sufficiently alleged their fraudulent misrepresentation and Illinois consumer fraud claims, but allows their claims under the Carmack Amendment and federal motor carrier safety regulations to stand.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: March 28, 2024, Case #: 1:23cv531, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Fraud, Transportation, Contract
J. Gonzalez Rogers finds in favor of Plum, a baby food products company, over class claims from consumers who say the company hid the fact that its baby food has trace amounts of toxic metals. The presence of heavy metals in the food supply, baby foods included, has been the subject of media coverage for years prior to this lawsuit and others like it, meaning Plum was not the keeper of any "exclusive knowledge" that it had to disclose on the packaging. Plum has even said as much on its website.
Court: USDC Northern District of California, Judge: Gonzalez Rogers, Filed On: March 28, 2024, Case #: 4:21cv913, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Product Liability, False Advertising
J. Foley finds that the trial court properly granted a father custody of the parties' child and granted him attorney fees because the mother failed to refute findings that her parenting style was damaging to the child and alienated the child from the father. Affirmed.
Court: Indiana Court Of Appeals, Judge: Foley, Filed On: March 28, 2024, Case #: 23A-DC-885, Categories: Family Law, Attorney Fees
J. Kobayashi partially dismisses part of a group of military families’ claims of negligence against the government for their mishandling of the Red Hill petroleum fuel leak. The part of the families’ claims accusing the Navy of failing to warn fall under a misrepresentation exception and is therefore barred. Claims about the Navy’s failure to remediate and failure to test the families’ homes also do not state factual evidence, though those claims may be amended.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: March 28, 2024, Case #: 1:23cv457, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Water, Negligence
J. Smith finds a lower court properly denied a defendant's motion to suppress evidence located in his vehicle during a traffic stop for equipment violations. The defendant argued that authorities improperly obtained a warrant to search his residence, which resulted in the discovery of cash, cocaine, and a loaded firearm. However, the government sufficiently showed in court that police officers were entitled to enter his home after he called an associate from his cell phone while sitting in the back of a patrol car and directed him to hide his drugs, which was captured on a dash cam. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: March 28, 2024, Case #: 23-1412, Categories: Drug Offender, Evidence, Firearms
J. Kelly grants the Oklahoma Department of Human Services employees' motions to dismiss with respect to the Section 1983 claims in this case arising from the death of an infant allegedly "at the hands of his foster mother." The complaint contends that the employees would have known about the foster mother's "referrals for potential child welfare concerns and domestic violence" based on an OKDHS database. However, the court concludes that the Section 1983 claims are barred by limitations. Also, the remaining state law claims are remanded to state court.
Court: USDC Northern District of Oklahoma , Judge: Kelly, Filed On: March 28, 2024, Case #: 4:20cv167, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Wrongful Death
J. O'Neil finds a lower court improperly dismissed a surviving spouse's wrongful death claims against a county. The county argued that it is entitled to immunity. However, the surviving spouse sufficiently showed in court that the county's constable convinced his wife, an apartment complex manager, to help her serve a writ of restitution on a violent tenant, which resulted in the tenant shooting and killing both women, and then killing himself. Reversed.
Court: Arizona Court Of Appeals Division Two, Judge: O'Neil, Filed On: March 28, 2024, Case #: 2 CA-SA 2023-91, Categories: Employment, Immunity, Wrongful Death
J. Collier grants the bank's motion for judgment on the pleadings in this suit arising from a "commercial loan transaction negotiation." The plaintiff company asserts claims for negligent misrepresentation, promissory fraud and promissory estoppel after the loan did not close. However, it fails to adequately state a claim for relief.
Court: USDC Eastern District of Tennessee , Judge: Collier, Filed On: March 28, 2024, Case #: 2:23cv22, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Fraud, Banking / Lending
J. Tiscione grants summary judgment to an octogenarian and his son, who were sued by the woman they paid to take care of the elder man at his home for four years. She says they failed to pay her overtime, but the court finds she was covered by the companionship services exception to the Fair Labor Standards Act, which applies to jobs that primarily involve light housework for older or infirm clients.
Court: USDC Eastern District of New York, Judge: Tiscione, Filed On: March 28, 2024, Case #: 2:21cv550, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Chen dismisses a class action alleging violations of the Telephone Consumer Protection Act stemming from an alleged telemarketing scam. The litigant, an attorney representing himself, fails to rebut assertions that the defendant did not actually make the calls, but that an unknown third-party did and simply transferred the call.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 28, 2024, Case #: 1:23cv5457, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Consumer Law, Class Action
J. Ross grants partial summary judgment to New York and three detectives who arrested and prosecuted a man for multiple traffic violations and drug possession, finding his false arrest and false imprisonment claims fail because the police had arguable probable cause to arrest him. Only his malicious prosecution claim related to his excessively tinted windows — not the claims pertaining to his drug possession or obstruction of governmental administration — and his excessive force claims arising from their decision to forcibly remove him from the car survive the motion.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: March 28, 2024, Case #: 1:21cv285, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Police Misconduct
J. Levy denies a power company’s motion to exclude testimony from the designated experts a man with cancer brings to support his argument that charging him a monthly fee to opt out of using analog meters to measure electricity usage and to instead use smart meters, is a failure to reasonably accommodate his non-Hodgkins Lymphoma. While the experts are not able to give a specific measurement of at what level radiofrequency radiation becomes harmful, they can support that the greater the amount of radiofrequency radiation, the greater the risk of harm.
Court: USDC Maine, Judge: Levy, Filed On: March 28, 2024, Case #: 2:20cv237, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Health Care, Technology
J. Chang grants a Ford customer’s motion to consolidate his proposed consumer class action with another similar suit, but also grants Ford’s motion to transfer this case to the Eastern District of Michigan. The customer alleges Ford knowingly sold vehicles with faulty backup cameras, and that even following a recall, his own vehicle’s camera remained unrepaired. The court finds this case and another are sufficiently similar to warrant consolidation, but that Michigan, as the district where the cameras were manufactured, is the more appropriate venue.
Court: USDC Northern District of Illinois, Judge: Chang, Filed On: March 28, 2024, Case #: 1:23cv14027, NOS: Contract Product Liability - Contract, Categories: Product Liability, Venue, Class Action
J. Tuchi grants the government's motion to dismiss due process rights claims brought by an attorney who cultivates psilocybin mushrooms, marijuana, and coca leaves. The government sufficiently showed in court that the attorney has failed to establish a protected liberty or property interest.
Court: USDC Arizona, Judge: Tuchi, Filed On: March 28, 2024, Case #: 2:22cv1224, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Government, Due Process