161 results for 'filedAt:"2023-06-13"'.
J. Vance denies summary judgment to the sheriff of Jefferson Parish on his request to dismiss wrongful death claims against his office, arising from his deputies’ restraint of a youth with autism. A reasonable jury could conclude that the sheriff’s office’s training policies are inadequate regarding the use of force or restraint on individuals with intellectual disabilities, including autism.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: June 13, 2023, Case #: 2:21cv80, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Constitution, Health Care, Police Misconduct
J. McCook grants the plaintiff company's motion for leave to file a second amended complaint in this action alleging violations of the Defend Trade Secrets Act and the Tennessee Uniform Trade Secrets Act, as well as breach of a non-disclosure agreement. The plaintiff company seeks to add new parties to the litigation, including seven new defendants, and there was no "undue delay" in the request.
Court: USDC Eastern District of Tennessee , Judge: McCook, Filed On: June 13, 2023, Case #: 3:21cv288, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Civil Procedure, Trade Secrets
J. Moeller finds that issues of fact should have stopped the trial court from granting a county summary judgment on a public works contractor's claims for underpayment. The contractor claimed the county's agent had authorized additional work on a road, so the trial court must determine whether the agent had actual or apparent authority to authorize the work. Reversed in part.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: June 13, 2023, Case #: 49373, Categories: Contract
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J. Bishop finds the county court, on review, properly affirmed the DMV’s revocation of defendant’s driver’s license for refusing to submit to a chemical test when arrested for DUI. All evidence supports revocation and all paperwork was properly submitted by law enforcement. A change in the wording on one form, substituting the word “driver” for the word “individual,” has no bearing on whether or not defendant was found to be in control of the vehicle. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: June 13, 2023, Case #: A-22-669, Categories: Dui, Vehicle, Due Process
J. Parker finds that the lower court properly entered a take-nothing judgment against the appellants in this breach of contract and fraudulent inducement lawsuit involving the sale of a family farm. The appellants contend that they were entitled to "buy back a portion of the farm." However, the oral promise that they seek to enforce is not enforceable, based on the merger doctrine. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: June 13, 2023, Case #: 07-22-00144-CV, Categories: Real Estate, Contract
J. McGrath finds that the district court was within its discretion to deny a company's motion to disqualify a property owner's attorney. The company failed to show that the attorney's representation of one of its managers in a private real estate matter created a concurrent conflict of interest with the attorney's representation of the property owner in an easement dispute with the company. Affirmed.
Court: Montana Supreme Court, Judge: McGrath, Filed On: June 13, 2023, Case #: DA 22-0608, Categories: Civil Procedure, Property
[Consolidated.] J. Henderson grants a labor board's motion for enforcement against a hospital for refusing to bargain with a nurses' union. The board properly counted the ballots, as they were sufficiently signed.
Court: DC Circuit, Judge: Henderson, Filed On: June 13, 2023, Case #: 22-1262 , Categories: Labor / Unions
J. Parker finds that the lower court properly entered a judgment for possession against the appellants in this forcible detainer action. The appellants did not vacate the property at issue after the sale of their farm, and they sought to "repurchase a portion of the 960-acre farm." On appeal, they seek to set aside the eviction, but they fail to establish error as to notice, citation or jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: June 13, 2023, Case #: 07-22-00235-CV, Categories: Real Estate, Jurisdiction
J. Furuya finds a lower court properly denied the Arizona Department of Economic Security's motion to dismiss a journalist's request for confidential information concerning records pertaining to vulnerable and disabled adults. The journalist argued that her request constitutes "bona fide research." However, the department of economic security presented sufficient evidence in court that journalistic activities may or may not qualify for an exception based on discretion under the Arizona Revised Statutes. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Furuya, Filed On: June 13, 2023, Case #: 1 CA-CV 22-209, Categories: Employment, Government, Privacy
J. Flanagan denies, in part, a motor club's motion to dismiss a worker's disability discrimination and wrongful discharge action. The worker exhausted his administrative remedies, and sufficiently pleaded his claims for failure to accommodate his request for time off under the Americans with Disabilities Act and wrongful discharge under state law.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: June 13, 2023, Case #: 5:22CV466, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Colloton finds a lower court properly convicted a defendant for possession of a firearm as a convicted felon, possession with intent to distribute cocaine, and possession of a firearm to further a drug trafficking crime. The defendant argued that he was entitled to carry a gun under the Second Amendment while operating a wheelchair inside of a Walmart. However, a Walmart security officer spotted a firearm under the seat of the defendant's personal wheelchair, and then placed him in the security office, where officers located blue latex gloves filled with cocaine. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: June 13, 2023, Case #: 22-1080, Categories: Constitution, Drug Offender, Firearms
[Consolidated]. J. Benton finds a lower court properly sentenced a defendant to 262 months in prison after he was convicted as a career criminal in possession of a firearm. The defendant argued that the government failed to present sufficient evidence in court. However, police officers obtained a valid warrant to search his home, where they found baggies containing meth and heroin, cutting tools, and a digital scale. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: June 13, 2023, Case #: 22-2385, Categories: Drug Offender, Evidence, Sentencing
J. Williams grants, in part, the retirement plan administrator's motion to dismiss, ruling that while there were better performing investment funds than those offered to participants, the offered funds' performance was not so bad the administrator violated its fiduciary duty when it kept lower performance fund options. Meanwhile, because the participants cited no specific data for the availability of cheaper recordkeeping services, their claim for excessive fees must also be dismissed.
Court: USDC Connecticut, Judge: Williams, Filed On: June 13, 2023, Case #: 3:21cv1658, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty
J. Cecchi finds that the federal patent office properly calculated the term extension for patent no. RE44,733 in claims contending competitors' drugs infringe on the patent for Bridion. The issue date of the original patent must be used for calculating an extension, not the date of the reissued patent, and congress did not intend that patentees should forfeit all rights upon reissue.
Court: USDC New Jersey, Judge: Cecchi, Filed On: June 13, 2023, Case #: 2:20cv2576, NOS: Abbreviated New Drug Applications (ANDA) - Property Rights, Categories: Civil Procedure, Patent
J. Fletcher finds that the district court properly entered an order as part of a civil forfeiture suit brought by the United States against a $380 million arbitration award fund, the majority of which is held in the United Kingdom. The fund belongs to PetroSaudi Oil Services (Venezuela) Ltd., a Barbados based private oil company. PetroSaudi won the award in an arbitration proceeding against Petroleos de Venezuela, S.A., a Venezuelan state energy company. The Government sought forfeiture of the fund on the ground that it derived from proceeds of an illegal scheme to steal one billion dollars from the Malaysian sovereign wealth fund. The district court has jurisdiction over the arbitration award fund. Affirmed.
Court: 9th Circuit, Judge: Fletcher, Filed On: June 13, 2023, Case #: 21-56228, Categories: Arbitration, Energy
J. Rodriguez dismisses most of a civil rights case brought against the director of the U.S. Office of Personnel Management after she was sued for alleged employment discrimination based on race and age. While the former employee may bring narrow claims for an alleged “discriminatory action” as it relates to his “non-promotion” in 2014, most of his claims overall are too “vague and conclusory” or concern allegations, such as an alleged failure to train, that have been not recognized as “adverse employment action[s]” by the Fifth Circuit.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: June 13, 2023, Case #: 5:22cv451, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment, Employment Discrimination