126 results for 'filedAt:"2023-09-22"'.
J. Wilson allows plaintiff to continue Monell liability claims contending police officers let their K-9 bite and gnaw on his leg while serving a warrant for his arrest, despite knowing about his history of mental illness. Plaintiff properly pleaded the township was responsible for one officer's actions in his capacity as director of public safety on grounds that he "created an atmosphere" encouraging excessive force "by hanging a gladiator mask in the department and having new hires take a picture with it, designing a t-shirt to be worn at a community event that depicted a skull with guns, and allowing a 'use of force training officer' to hang a cartoon vigilante character's mask in his office."
Court: USDC Middle District of Pennsylvania, Judge: Wilson, Filed On: September 22, 2023, Case #: 1:22cv982, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Bryant grants the board of education's motion for summary judgment, ruling the black employee cannot make a prima facie case for race discrimination. Although a white male was hired for the CFO position, it is undisputed he scored the highest on the exam used to test all of the candidates, which gave the board a legitimate reason to select him for the job. Meanwhile, the employee's abuse of the school's health insurance program to allow her ex-husband to remain on the plan for years after he was ineligible gave the board a legitimate reason to fire her.
Court: USDC Connecticut, Judge: Bryant, Filed On: September 22, 2023, Case #: 3:20cv1463, NOS: Employment - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
Per curiam, the Fifth Circuit denies the inmate's motion to proceed in forma pauperis on appeal from the dismissal of his civil rights complaint regarding the cutting of other inmates’ facial hair. The inmate could not act as counsel for other inmates, and he failed to state a claim because he did not allege that any rights were violated. He fails to raise a non-frivolous issue on appeal. The appeal is dismissed as frivolous, and the dismissal is considered a "strike." The inmate is warned that accumulating three strikes will bar him from proceeding IFP in any civil action or appeal filed while incarcerated or detained unless he is under imminent danger of serious physical injury.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 22, 2023, Case #: 23-20060, Categories: Civil Rights, Prisoners' Rights
J. McFadden finds for a university on a former library employee's claims under the Family and Medical Leave Act. The school did not violate his FMLA rights for firing him after he "was approved for conditional leave, shirked his duties, got his leave denied, and then went AWOL for weeks on end while ignoring his employer."
Court: USDC District of Columbia, Judge: McFadden, Filed On: September 22, 2023, Case #: 1:22cv812, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Retaliation
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J. Brown finds that the trial court improperly refused to find in favor of the restaurant in a premises liability and negligence action brought by the individual after he slipped and fell on paper towels. The individual failed to show that he lacked knowledge of the hazard represented by the paper towels on the bathroom floor. The individual successfully walked through the area with the paper towels on his way into the bathroom and the condition of the area was the same when he walked out. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: September 22, 2023, Case #: A23A1192, Categories: Negligence, Premises Liability
Per curiam, the Supreme Court of Ohio denies the petitioner's request for a writ of mandamus to compel placement of her name on the November 2023 ballot for Galion City Council, ruling the board of elections properly invalidated an entire part-petition for a single forged signature because the evidence in the record established a woman signed for both herself and her husband in the presence of the candidate, which allowed the board to infer fraud.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 22, 2023, Case #: 2023-Ohio-3378, Categories: Civil Procedure, Elections, Government
J. Tashima finds that the district court properly concluded that the value of the complimentary hotel rooms was properly excluded from the calculation of the employees' regular rate of pay. However, the lower court improperly granted summary judgment to the employer as to the employees' claim that the employer failed to pay them immediately for their accrued vacation time after they were laid off due to the Covid-19 pandemic. This issue is remanded for the district court to consider whether the employer acted willfully in failing to comply with the prompt payment provisions. Affirmed in part.
Court: 9th Circuit, Judge: Tashima, Filed On: September 22, 2023, Case #: 22-55276, Categories: Employment, Covid-19
J. Nardella finds the trial court improperly determined a wife did not waive her rights to serve as the personal representative of her husband's estate. The decedent's children appeal the construction of the couples antenuptial agreement was a contradiction and shall be remanded. Reversed.
Court: Florida Courts Of Appeal, Judge: Nardella, Filed On: September 22, 2023, Case #: 6D23-658, Categories: Family Law
J. Mendez-Miro grants Puerto Rican governor Pedro Pierluisi dismissal of trademark claims concerning use of Roberto Clemente's likeness and references on commemorative license plates because Clemente Properties failed to demonstrate the government used the mark in connection with goods and services.
Court: USDC Puerto Rico, Judge: Mendez-Miro, Filed On: September 22, 2023, Case #: 3:22cv1373, NOS: Other Contract - Contract, Categories: Trademark
J. Darrow grants an employee's motion for partial summary judgment for unpaid contributions under E.R.I.S.A. The employee sufficiently showed in court that her employer is obligated to pay delinquent contributions, interest, and liquidated damages.
Court: USDC Central District of Illinois, Judge: Darrow, Filed On: September 22, 2023, Case #: 4:18cv4045, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Labor / Unions
J. Fox finds that the lower court properly denied defendant's motion, filing pro se, for a sentence reduction stemming from his series of burglary and assault convictions. While the lower court did improperly conclude that the petition was untimely, the mistake was harmless because the court also ruled that the request lacked merit. This is because defendant did not bring forward any meaningful or new information that supports his reduction request. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: September 22, 2023, Case #: S-23-0089, Categories: Burglary, Sentencing, Assault
J. Summerhays grants requests by a parish District Attorney and his assistant D.A. who also is a tribal prosecutor, dismissing malicious prosecution claims against them by a former elected tribal leader of the Chitimacha Tribe of Louisiana, who was acquitted of criminal charges related to his former employment at a casino owned by the tribe. “Absolute” prosecutorial immunity bars the tribal leader’s state-law claims against the prosecutors. “There is no dispute that [the tribal leader] was the subject of criminal proceedings, which resulted in his acquittal.” The tribal official’s suit attempted to show that the prosecutors engaged in a frivolous investigation, fabricated evidence, and used perjured testimony at his trial.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: September 22, 2023, Case #: 6:22cv404, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Fraud, Malicious Prosecution
J. Osteen grants an insurance firm’s motion to dismiss a hospital’s allegations of bad faith after the firm refused to cover wind and hail damage sustained by two buildings. Following the hospital’s insurance claim, an investigator concluded that further inspection of the site was necessary to conclude what was the cause of the damage. Although the hospital construes this as a bad faith action, the need for further inspection does not constitute malice or intentional injury as is required for the claim.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: September 22, 2023, Case #: 1:22cv849, NOS: Insurance - Contract, Categories: Insurance, Property, Contract
J. Carbullido finds that the trial court properly suppressed evidence from the arrest of defendant for firearm possession, as Guam did not present evidence that its police officers had obtained voluntary consent of defendant to search his vehicle during a traffic stop. The trial court's consideration of certain facts, including defendant's initial refusal to consent to the search, was not improper. Affirmed.
Court: Guam Supreme Court, Judge: Carbullido, Filed On: September 22, 2023, Case #: CRA22-7, Categories: Evidence, Firearms, Search
J. Sannes awards a New York-based gun rights advocacy group $443,601 in attorney fees and $4,099 in costs after the U.S. Supreme Court agreed with their claims and struck down a state law that prevented gun owners from carrying a firearm outside of their homes for self-defense purposes on the grounds that the law violated their constitutional rights. The court finds that, despite the challenges of litigating a case in front of the U.S. Supreme Court, their initial demand of more than $1.2 million is unreasonable, so the court adjusts their hourly rates to better fit with cases in specialized areas of law previously filed in New York federal judicial districts.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: September 22, 2023, Case #: 1:18cv134, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Firearms, Attorney Fees
J. Pratt finds the trial court improperly granted the landlord a default judgment against the tenant and entered a final judgment evicting the tenant from its commercial property. The trial court found the tenant in default because it breached an order directing it to continue making rent payments during its pending eviction action to either the landlord's lawyer's trust account or to the landlord directly, but the plain language of the relevant Florida statute only calls for default if a tenant fails to pay rent into the court registry, not into a trust account or to a landlord. The trial court's order is overturned and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Pratt, Filed On: September 22, 2023, Case #: 22-1147, Categories: Landlord Tenant, Contract
J. Henry grants Hobby Lobby’s motion to transfer, to the Western District of Oklahoma, its fraud and breach of contract claims against a U.K.-based antiquities dealer claiming he sold the retailer several stolen pieces of ancient Egyptian papyri. Several factors weigh in favor of the transfer, namely the arrangements to purchase the papyri took place in Oklahoma City and the fact that Hobby Lobby’s primary witnesses are several employees living in the Oklahoma area.
Court: USDC Eastern District of New York, Judge: Henry, Filed On: September 22, 2023, Case #: 1:21cv3113, NOS: Other Contract - Contract, Categories: Fraud, Venue, Contract
Per curiam, the Fifth Circuit finds the district court improperly dismissed claims brought by the former Director of Procurement for the Houston Housing Authority, alleging that it bypassed federal regulations in violation of the False Claims Act. The cited government action bar provides that an action may not be brought if it is “based upon... a civil suit or an administrative... money penalty proceeding in which the Government is already a party.” An Inspector General audit did not qualify as a government action as it is not a civil action or “administrative... money penalty proceeding.” Claims against the city and property management companies were properly dismissed. Affirmed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 22, 2023, Case #: 21-20435, Categories: Government, Housing, False Claims