J. Broomes partly grants a proposed class of employees' motion for certification of a collective action for violations of the Age Discrimination in Employment Act against a aerostructure manufacturer. The class of employees sufficiently showed that the manufacturer may have subjected them to common policies as a group that may have been discriminatory.
Court: USDC Kansas, Judge: Broomes, Filed On: May 16, 2023, Case #: 6:16cv1282, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Paris finds for the commissioner of internal revenue in this deficiency dispute because the taxpayer was not entitled to excise tax deductions.
Court: U.S. Tax Court, Judge: Paris, Filed On: May 16, 2023, Case #: 160TC11, Categories: Tax
J. Stevens finds that the trial court properly ruled in favor of the accused companies in a suit alleging that they were part of a fraudulent transfer of the proceeds from the sale of an individual's business that should have been used to satisfy a personal injury judgment obtained by an employee. The evidence supports the finding that the companies were not "transferees" under the Texas Uniform Fraudulent Transfer Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: May 16, 2023, Case #: 06-22-00046-CV, Categories: Civil Procedure, Debt Collection, Fraud
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J. Gibbons finds the lower court erroneously found for a town and county on a CBD shop's civil conspiracy claim arising from police raids and criminal charges that were eventually dropped. Evidence in the record would allow a reasonable jury to conclude the sheriff and other officials knew the products sold in the CBD stores and involved in the simultaneous raids were legal, which in turn made the operation illegitimate from the outset. Reversed.
Court: 6th Circuit, Judge: Gibbons, Filed On: May 16, 2023, Case #: 23-5106, Categories: Civil Rights, Malicious Prosecution
J. Gilliland grants summary judgment determining that the Texas Farm Bureau, a major state agricultural organization, is not a “retail establishment” and therefore “not exempt from FLSA overtime wage requirements on that basis” after the group was sued by a former agency manager who alleged he was improperly classified as a contractor to avoid employment requirements.
Court: USDC Western District of Texas , Judge: Gilliland, Filed On: May 16, 2023, Case #: 6:19cv679, NOS: Fair Labor Standards Act - Labor, Categories: Civil Procedure, Employment, Labor
J. Delaney finds the lower court properly refused to overturn the hearing officer's decision regarding the fired secretary's alleged violation of a gag order. Although a coworker and friend found out about incidents that led to the secretary's termination, credible evidence in the record indicates she found out through other sources at work, and not when the secretary visited her home in the immediate aftermath of her termination. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: May 16, 2023, Case #: 2023-Ohio-1653, Categories: Employment, Evidence
J. Bishop finds the trial court properly convicted defendant for domestic assault. Defendant’s wife testified that, after she had filed for divorce, defendant tackled her on the bed, put his entire body weight on her and prevented her from leaving. She said defendant then took her pants off, forced her to have sex, then hid her pants, phone and keys, then began punching her and hitting her with a belt. The credibility and weight of the victim’s testimony is for the jury to decide. Photographic evidence and officer testimony also support conviction. The court properly considered all evidence and subjective circumstances during sentencing. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: May 16, 2023, Case #: A-22-658, Categories: Evidence, Assault
Per curiam, the Massachusetts Supreme Court upholds the single justice's dismissal of an individual's petition in connection with his litigation with the mothers of his children. The individual has made multiple baseless attempts for extraordinary relief and is no longer allowed to file a new petition unless the full court grants a motion for leave to file.
Court: Massachusetts Supreme Court, Judge: Per curiam, Filed On: May 16, 2023, Case #: SJC-13392, Categories: Civil Procedure, Sanctions
J. Glasgow finds that the lower court improperly granted an order that unsealed juvenile court records. A sheriff's department asked for access to the records to help find a child that went missing, and while the lower court was within its right to provide those records, language in the order that sought to unseal them completely was improper. Those records were properly sealed under the law, and a series of other steps need to be taken before they can be unsealed. Reversed in part.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: May 16, 2023, Case #: 56609-5-II, Categories: Juvenile Law
J. Heil grants the dismissal motions filed in this pro se lawsuit arising from an arrest warrant, which the individual plaintiff contends was "improperly obtained." The state officers are entitled to sovereign immunity as to the claims against them in their official capacities, and the individual plaintiff has failed to adequately plead his remaining claims.
Court: USDC Northern District of Oklahoma , Judge: Heil, Filed On: May 16, 2023, Case #: 4:20cv365, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Immunity
J. Miskel finds that the lower court properly granted summary judgment in favor of the insurance company in this breach of contract lawsuit involving property damage from a hailstorm. On appeal, the property owner argues that summary judgment was inappropriate as to his claim under the Texas Prompt Payment of Claims Act. However, he cannot recover any more damages, interest or attorney fees on his claim under the TPPCA. Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: May 16, 2023, Case #: 05-22-00676-CV, Categories: Insurance, Damages, Attorney Fees
J. Phipps finds that the trial court properly convicted defendant of armed robbery. Sufficient evidence was presented to support defendant's conviction, including evidence that the victim identified defendant and that defendant was found wearing clothing that matched the victim's description and within arm's reach of the victim's wallet. Defendant has not shown that he was prejudiced by his counsel's failure to object to the prosecutor's alleged misconduct during closing argument in saying the victim was credible or in showing the jury a knife that could have been used in the attack. Affirmed.
Court: Georgia Court of Appeals, Judge: Phipps, Filed On: May 16, 2023, Case #: A23A0581, Categories: Ineffective Assistance, Robbery
J. Bowen finds in favor of the sheriff's department, sheriff and sheriff's deputy in a civil rights and excessive force action brought by family members after the decedent's death in a police car chase. The family members failed to show that the deputy violated any clearly established law by employing a PIT maneuver against the decedent's vehicle to end the chase. The deputy had a reasonable belief that the decedent posed a risk of serious harm to the public and to the deputy due to reckless driving.
Court: USDC Southern District of Georgia, Judge: Bowen, Filed On: May 16, 2023, Case #: 3:21cv22, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. LaGrua finds that the trial court properly convicted defendant of murder, aggravated assault and violation of the Georgia Street Gang Terrorism and Prevention Act. The trial court did not violate defendant's due process rights when it denied his request for a continuance after he received a large amount of discovery from the state 13 days before trial. The shortened time-frame for the trial was a result of defendant's earlier demand for a speedy trial and defendant failed to show that he was harmed by the denial of the continuance request. Defendant also failed to show that his trial counsel performed deficiently by not arguing that the discovery statute was unconstitutional as applied in the case. Affirmed.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: May 16, 2023, Case #: S23A0259, Categories: Murder, Gangs, Discovery
J. Linares declines to compel a company to produce materials in claims contending study solutions, which has been implicated in cheating scandals, undermines educational textbooks because the educational company's arguments are based on a hypothetical witness, and evidence does not indicate that the company plans to defend against infringement claims by claiming its products are great academic tools.
Court: USDC New Jersey, Judge: Linares , Filed On: May 16, 2023, Case #: 2:21cv16866, NOS: Copyrights - Property Rights, Categories: Copyright
J. Mollway grants summary judgment to the insurance company in car collision case where a mother and daughter insured by GEICO were hit by another car. The family’s policy’s resident relative exclusion, which they applied to the minor daughter’s injuries, is not contrary to public policy. “When there is no state statute setting mandatory requirements for the type of coverage at issue, Hawaii courts do not invalidate limits on insurance coverage as contrary to public policy.”
Court: USDC Hawaii, Judge: Mollway, Filed On: May 16, 2023, Case #: 1:22cv74, NOS: Insurance - Contract, Categories: Insurance, Vehicle
Per curiam, the circuit finds that the district court properly dismissed fraudulent inducement claims brought after Tyson Foods acquired a company's global poultry business for less than initially proposed because the other party's purported interest lacked concrete terms to support special damages for lost opportunity. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 16, 2023, Case #: 22-1113-cv, Categories: Fraud, Damages, Contract
J. Nelson finds that the district court erred in granting summary judgment in an ongoing dispute over the Hanna Flats logging project in the Idaho panhandle. The United States Forest Service designated several thousand acres of national forest for commercial logging and to reduce the risk of wildfires and disease. An appeal on the matter was not moot, and the Forest Service had standing to pursue the appeal. The Forest Service remains injured by the final judgment. The lower court granted summary judgment for the environmental group based on reasoning that the record "did not show that the project fell within the statutory definition of wildland-urban interface." Vacated.
Court: 9th Circuit, Judge: Nelson, Filed On: May 16, 2023, Case #: 21-35504, Categories: Environment
J. Urias mostly denies motions for summary judgment brought by an insurance company in a lawsuit against a trucking company that allegedly caused an accident with another truck carrying pharmaceutical products insured by the insurance company, damaging those products. A motion declaring the “wholesale acquisition costs” of the products to be “the accurate measure of damages” is denied because the trucking company disputes this measure and this disagreement would be best resolved through specific pretrial motions — though this court has “serious doubts” about the trucking company’s proposed analysis of damages. Summary judgment is partially granted on the trucking company’s “Affirmative Defense of Mitigation” because while the trucking company can argue at trial that the insurance company and its client did not do enough to save the products, it has not provided yet adequate evidence of this assertion.
Court: USDC New Mexico, Judge: Urias, Filed On: May 16, 2023, Case #: 1:18cv336, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Civil Procedure, Insurance, Damages
J. Ellington finds that the trial court properly convicted defendant of murder and possession of a firearm during the commission of a felony. The trial court did not violate defendant's right to a thorough cross-examination when it refused to allow him to show his left arm during cross-examination of the lead detective. Defendant's request arose due to a witness's claim that the shooter had a tattoo on his arm. The trial court also did not commit any error by refusing to charge the jury on self-defense. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Supreme Court, Judge: Ellington, Filed On: May 16, 2023, Case #: S23A0203, Categories: Firearms, Ineffective Assistance, Murder
Per curiam, the circuit finds that a police detective's appeal from class claims alleging New York City overreached in mandating Covid-19 vaccinations for employees must be dismissed as moot because the requirement was lifted and remains unlikely to recur.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 16, 2023, Case #: 22-570-cv, Categories: Employment, Covid-19, Class Action
J. McMillian finds that the trial court improperly granted defendant's motion to suppress evidence from his cell phone location records. Defendant was charged with murder and other offenses. The trial court incorrectly found that a statement in the search warrant affidavit claiming there was "extensive communication" between defendant and the co-defendant was a material falsehood or misrepresentation. There were 27 attempted and completed calls between the two in the 31-hour period around the shooting. The magistrate judge had a substantial basis for finding that probable cause existed to issue the search warrant. Reversed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: May 16, 2023, Case #: S23A0102, Categories: Murder, Search