J. Cullen grants the foundation repair company's motion to dismiss in an employment discrimination suit. The salesman claims his manager engaged in favoritism, publicly criticized him, manipulated the distribution of leads, and pressured him to use unethical sales tactics, which the salesman refused to carry out. The salesman later disclosed his mental health struggles, including suicidal ideations and poor mental health. The manager claimed to fire him for poor sales numbers, but the salesman felt his termination was pretextual. The salesman failed to provide any facts that would support his theory that he was discriminated against because of his mental health issues.
Court: USDC Western District of Virginia, Judge: Cullen, Filed On: April 23, 2024, Case #: 7:23cv638, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
Per curiam, the appellate division finds that the lower court improperly dismissed an employee's race discrimination claims against the city. The employee raised an inference of racial animus through allegations of differential treatment of similarly situated white officers. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02156, Categories: Employment Discrimination
Per curiam, the appellate division finds that the lower court properly granted the university's motion to dismiss a former student's petition to reinstate her to an occupational therapy master's program. The student was dismissed based on her failing grade in a required course, and was reasonably provided accommodations for her multiple health and learning disabilities. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02159, Categories: Education, Due Process
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Van Meerveld grants summary judgment to the city of New Orleans, dismissing a Title VII racial discrimination suit by a fired white police sergeant who alleges he was disciplined more harshly than nine black officers for similar offenses. The sergeant’s eight social media posts clearly advocate unnecessary force and use terms historically used to demean black people, such as “animals,” and “savages," to describe Black Lives Matters protesters after the murder of George Floyd. The black officers cited were not comparators. The Louisiana Supreme Court reinstated the sergeant with back pay and emoluments on appeal.
Court: USDC Eastern District of Louisiana , Judge: Van Meerveld, Filed On: April 23, 2024, Case #: 2:22cv5060, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Police Misconduct
J. Poissant finds that the trial court improperly dismissed for want of prosecution the subcontractor's suit over unpaid services. The subcontractor gave a reasonable explanation of his counsel's failure to appear at the status conference, so the motion to reinstate should have been granted. Reversed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: April 23, 2024, Case #: 14-23-00059-CV, Categories: Civil Procedure, Contract
J. Jewell finds that the trial court properly ruled in favor of the seller of a property in a bill-of-review action involving a dispute over a private transfer fee. The trustee's argument that it was not served in the "proper capacity" in the prior suit lacks merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: April 23, 2024, Case #: 14-23-00092-CV, Categories: Civil Procedure, Property
J. Valderrama partially grants an American medical technology company's motion for summary judgment for non-willfulness as to a Chinese medical technology company's patent infringement claims. The Chinese company claims the U.S. company deliberately infringed on its patent for a fingertip pulse oximeter and an associated display. The court grants the U.S. company's motion as to its pre-suit activities, but finds factual disputes make judgment on its post-suit activities inappropriate.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: April 23, 2024, Case #: 1:18cv825, NOS: Patent - Property Rights, Categories: Health Care, Patent, Technology
J. Goldberg finds that the trial court properly convicted defendant on two counts of first-degree sexual assault and one count of conspiracy to commit first-degree sexual assault, as several issues were not preserved or adequately developed on appeal, and evidence did not support defendant's five remaining contentions of error. Affirmed.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: April 22, 2024, Case #: 22-152, Categories: Criminal Procedure, Sex Offender
J. Leinenweber grants a veterinary clinic’s motion to dismiss a fertility clinic’s copyright claims, finding the fertility clinic has failed to show that consumers would likely confuse its trademarked PROOV ovulation testing device with the veterinary clinic’s OvuPROOF ovulation testing device. The court also dismisses the veterinary clinic’s counterclaim for defamation, but allows its counterclaims for defamation and misrepresentation to proceed.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: April 22, 2024, Case #: 1:23cv3854, NOS: Copyrights - Property Rights, Categories: Copyright, Defamation, Technology
J. Brown finds that the trial court properly granted defendant's motion to suppress evidence obtained while an officer was waiting for a backup unit to assist with a stop of defendant's vehicle. Defendant was charged with DUI offenses, reckless driving and driving on the wrong side of the road. The trial court correctly found that defendant's detention by the officer was unreasonably prolonged. The officer failed to immediately perform any field sobriety tests despite being certified to perform them and despite possessing a test in his vehicle which he eventually used on defendant. However, the case is remanded to allow the trial court to analyze whether there was probable cause for defendant's arrest. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: April 22, 2024, Case #: A24A0328, Categories: Evidence, Dui
Per curiam, the Vermont Supreme Court grants attorney Eva Vekos’ motion to dissolve the interim suspension of her law license. Vekos cooperated with the disciplinary counsel by responding to the request for information about her medical records. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 22, 2024, Case #: 24-AP-070, Categories: Attorney Discipline
J. Evans, in answer to a question from the U.S. Ninth Circuit, holds that non-convicted incarcerated people preparing food for a for-profit company contracted to supply meals in a county jail are not entitled to minimum or overtime wages. The applicable penal code section does not differentiate between pretrial or convicted detainees in setting the maximum daily wage at $2.
Court: California Supreme Court, Judge: Evans, Filed On: April 22, 2024, Case #: S277120, Categories: Employment, Prisoners' Rights
J. Lee finds that the lower court improperly sentenced defendant to 150 months in prison after applying two sentencing enhancements. The record does not support a finding that defendant used his home for the primary purpose of making meth, so this enhancement was improperly applied. The enhancement for his role as a supervisor of the conspiracy is supported by the evidence. Vacated.
Court: 7th Circuit, Judge: Lee, Filed On: April 22, 2024, Case #: 22-3015, Categories: Drug Offender, Sentencing
J. Tostrud partially grants the insurer's motion for summary judgment in the homeowners' association's suit seeking reimbursement for the cost to replace undamaged, non-color-matching siding on buildings damaged by hail. There is no genuine dispute of material fact that the association did not actually and necessarily spend more than the value of its loss, and it filed suit more than two years after providing notice of its claim, precluding pre-award interest. An appraisal panel's award and subsequent clarification on the issue of whether the association is entitled to matching costs for the siding were ambiguous, so that issue remains live.
Court: USDC Minnesota, Judge: Tostrud, Filed On: April 22, 2024, Case #: 0:22cv2027, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Johnson affirms the district court's grant of the driver's wife's motion to dismiss the passenger's child's wrongful-death action stemming from a collision that killed the driver, the passenger and a third-party motorcyclist. A plaintiff may not assert a wrongful-death claim based on the alleged negligence of a deceased person by suing the person appointed as a trustee to commence a wrongful-death action for the benefit of that deceased person's spouse and next of kin rather than suing the personal representative of the deceased's estate. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: April 22, 2024, Case #: A23-1080, Categories: Civil Procedure, Wrongful Death
J. Smiley finds that the trial court did not exceed its jurisdiction when it entered summary judgment against a bail bond surety. An already extended exoneration period had expired, the bond had been forfeited and the trial court then waited until after it denied defendant's motion to vacate forfeiture to enter summary judgment. Affirmed.
Court: California Courts Of Appeal, Judge: Smiley, Filed On: April 22, 2024, Case #: A166580, Categories: Criminal Procedure, Robbery, Bail
J. Palafox denies habeas relief to defendant, who argued that his Eighth Amendment rights were violated when he was arrested and charged for murder as an adult despite being only 17 at the time of the offense. Pretrial habeas relief is not available unless the asserted rights would be "undermined if not vindicated before trial," which is not the case here. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 22, 2024, Case #: 08-23-00154-CR, Categories: Constitution, Juvenile Law, Civil Rights
J. Easter finds the lower court improperly dismissed defendant’s motion for a new trial. Defendant was convicted on multiple drug-related offenses, including the sale and delivery of cocaine within 1,000 feet of a school, and received an effective 33 year sentence. The Governor of Tennessee subsequently partially granted defendant executive clemency, his sentences for the sale and delivery of cocaine within 1,000 feet of a school were commuted and he immediately became eligible for parole on those counts. The lower court found defendant ineligible for resentencing based on his commutation order and dismissed the pending motion for new trial. The instant court finds defendant was denied his day in court for his motion for resentencing and the lower court should have continued with the scheduled evidentiary hearing. The matter is remanded for a hearing. Reversed.
Court: Tennessee Court of Criminal Appeals, Judge: Easter, Filed On: April 22, 2024, Case #: E2023-00149-CCA-R3-CD, Categories: Drug Offender, Sentencing, Due Process
J. Flanagan partially denies Aramark’s motion to dismiss allegations of discrimination and retaliation brought by a former office assistant and cashier after Aramark fired him. The assistant claims that based on his age and race, Aramark did not give him proper training, then refused to rehire him in the next academic year “because of COVID.” The assistant alleges this excuse is pretext for discrimination after he had emailed Aramark detailing various incidents of harassment he experienced at work, and had filed for a right to sue with the EEOC. His retaliation claims under Title VII therefore will proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: April 22, 2024, Case #: 4:23cv200, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Dever grants the U.S. Department of Commerce’s motion to dismiss antitrust and tort claims brought by a former patent examiner. The examiner alleges that the department, her former employer, was unfair in its performance reviews and removed credit for the work she did for it, thereby damaging her career. However, her claims must by dismissed for lack of subject matter jurisdiction because the department retains sovereign immunity.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 22, 2024, Case #: 5:23cv495, NOS: Antitrust - Other Suits, Categories: Antitrust, Tort, Immunity