280 results for 'filedAt:"2023-09-28"'.
J. Gravelles, rules following a bench trial, finding the owners of an inland push tug are not at fault and therefore exonerated from liability for a deadly accident in an inland waterway, during which its barges struck and sank a skiff carrying four intoxicated crew members to an inland towboat, killing two. The negligence of the towboat’s captain was a “substantial contributing cause” of the tragic accident.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: September 28, 2023, Case #: 3:20cv214, NOS: Marine - Contract, Categories: Maritime, Tort, Wrongful Death
J. Gilbert holds that the trial court erred in granting defendant's habeas petition after finding that the Governor lacked evidentiary support to deny him parole. Sufficient evidence supported the Governor's conclusion that defendant lacked insight into the 1995 murder of a 15-year-old. The depravity of the brutal killing after months of planning and his relative youth mean he remains a public safety risk. Reversed.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: September 28, 2023, Case #: B321709, Categories: Habeas, Murder, Parole
J. Bradford finds that the trial court properly ruled in product liability and negligence claims related to steroid injections purchased from an out-of-state company because plaintiff failed to demonstrate local business defendants caused the injuries. However, a related ruling must be overturned because plaintiffs remain free to pursue medical malpractice claims against defendants. Affirmed in part.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: September 28, 2023, Case #: 22A-CT-909, Categories: Negligence, Product Liability, Jurisdiction
J. Barker denies, in part, the jail employees' motions for summary judgment, ruling the guard on shift at the time of the inmate's death and the shift supervisor are not entitled to judgment on the estate's deliberate indifference claim. Several red flags - including the inmate's refusal to eat breakfast and her admission she had taken drugs before her arrest - should have alerted them that she needed medical treatment. However, the guard assigned to duty on the day of the inmate's death cannot be held liable because he had only one interaction with the inmate, during which he saw her sleeping, and was unaware she had taken drugs prior to her arrest.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: September 28, 2023, Case #: 5:21cv959, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
J. Sargus grants the employer's motion for judgment on the pleadings, ruling its status as a state actor entitles it to sovereign immunity on the employee's Americans with Disabilities Act and Family and Medical Leave Act claims, which must be dismissed.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: September 28, 2023, Case #: 2:22cv4161, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Immunity, Employment Retaliation
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J. Brodie enters default judgment against an employer on a receptionists’ unpaid minimum and overtime wages, wage statement and wage notice claims, finding she sufficiently alleged she was paid only $1,000 in cash each month regardless of how many hours she worked. The court finds she is entitled to $10,198 in unpaid wages plus prejudgment interest, $5,000 in statutory damages and $7,780 in attorney fees.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 28, 2023, Case #: 1:22cv643, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Attorney Fees, Labor
J. Ruiz grants the solar power company's motion to dismiss and compel arbitration, ruling none of the buyer's arguments regarding hard sell tactics relate specifically to the arbitration provision in the parties' contract and, therefore, cannot be used to render that provision unconscionable or unenforceable.
Court: USDC Northern District of Ohio, Judge: Ruiz, Filed On: September 28, 2023, Case #: 5:22cv1238, NOS: Other Contract - Contract, Categories: Arbitration, Fraud, Contract
J. Carter grants Forbes' motion to dismiss a class action alleging that the website forbes.com unlawfully disclosed users' personally identifiable information, including a record of every video clip they view, without their consent to Facebook. The complaint failed to show that Forbes is a "video tape service provider" within the meaning of the Video Privacy Protection Act because Forbes is a news outlet and providing video content is not the focus of its work.
Court: USDC Southern District of New York, Judge: Carter, Filed On: September 28, 2023, Case #: 1:22cv6319, NOS: Other Statutory Actions - Other Suits, Categories: Consumer Law, Class Action, Technology
Per curiam, the Supreme Court of Ohio finds attorney Hugh McCloskey will be suspended from the practice of law for one year after he submitted grossly inaccurate fee-application forms for his work as a court-appointed attorney at the Hamilton County Common Pleas Court, which included claims for working for more than 24 hours in a single day on several occasions. However, because McCloskey refunded a portion of his earnings to the court, engaged fully with the disciplinary process, and subscribed to time-management software to help with any issues in the future, his suspension will be stayed in its entirety.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 28, 2023, Case #: 2023-Ohio-3447, Categories: Sanctions, Attorney Discipline
J. Aiken grants judgment in favor of the daughter for her complaint alleging that Legacy Health wrongfully denied her claim for mental health treatment even though her mother is a participant of the employee welfare benefits plan. The lack of pre-approval is not a stated basis to deny the daughter coverage because although there were available in-network options, her mother was told that retroactive authorization was an option and PacificSource denied the request despite not seeking authorization until after the daughter already received treatment.
Court: USDC Oregon, Judge: Aiken, Filed On: September 28, 2023, Case #: 6:20cv705, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Health Care, Insurance
J. Martinez-Olguin allows some claims to continue against the West Contra Costa School District from a former student who says she was sexually abused by her teacher. The complaint alleges that the principal of the school at the time saw inappropriate touching from the teacher in the classroom, but didn't take any action. The student also alleges that, while talking to the principal, she referred to the teacher as her "girlfriend" and the principal's response was to "pretend she didn't hear that." This is sufficient to allege deliberate indifference by the school district.
Court: USDC Northern District of California, Judge: Martinez-Olguin , Filed On: September 28, 2023, Case #: 3:22cv3233, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Education
J. Hess finds the state followed the proper chain of custody for DNA evidence found on a cloth Crown Royal bag, including checking the item in and out of the police evidence room, and that the bag was properly admitted into evidence. The prosecution was not required to prove how the bag arrived at the crime scene but was only required to track it once it came into its possession. Meanwhile, although defendant was properly convicted of murder and attempted murder, those charges and convictions could not be used by the state to support the conspiracy to commit murder charge, which must be vacated in light of the state's failure to include in the indictment an overt act in furtherance of the conspiracy. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Hess, Filed On: September 28, 2023, Case #: 2023-Ohio-3566, Categories: Dna, Murder, Conspiracy
Per curiam, the appellate division finds that attorney Patricia M. Quigley of Staten Island may be reinstated following her May 2019 suspension for failing to meet registration requirements because Quigley complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: September 28, 2023, Case #: PM-225-23, Categories: Attorney Discipline
J. VanDyke grants a stay pending appeal after the State of Idaho enacted abortion restrictions following Dobbs v. Jackson Women’s Health Organization. Idaho placed abortion restrictions prompting the federal government to sue claiming that a "federal law unrelated to abortion preempts the will of the people of that state, through their elected representatives." No preemption in this matter exists, therefore the Idaho Legislature is entitled to a stay of the district court’s order improperly enjoining its abortion restrictions.
Court: 9th Circuit, Judge: VanDyke, Filed On: September 28, 2023, Case #: 22-35440, Categories: Health Care
J. Huber finds the Workers’ Compensation Commission properly reversed an administrative law judge’s decision denying the sandblaster’s claim for occupational silicosis and interstitial lung disease contracted in the scope of his employment. It is undisputed that the employee was a non-smoker, had not previously worked as a sandblaster, and was not exposed to dust outside of work. He also had no prior respiratory or lung issues, and this supports reversal. The record shows that the commission considered all evidence and did not make its decision arbitrarily. No error is found. The commission’s order is sustained.
Court: Oklahoma Courts Of Appeal, Judge: Huber, Filed On: September 28, 2023, Case #: 120569, Categories: Evidence, Health Care, Workers' Compensation
Per curiam, the Fifth Circuit denies a Mexican lawful permanent resident’s petition for review of the Board of Immigration Appeals’ dismissal of his appeal from an immigration judge’s order sustaining a charge of removability based on a state criminal conviction. Petitioner’s engaging in communications with a minor for an illicit sexual purpose constitutes “maltreatment of a child,” according to relevant statute. This is a removable offense.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 28, 2023, Case #: 22-60377, Categories: Immigration, Sex Offender, Child Victims
J. Peterson partially grants the beneficiary's motion for attorney fees in her lawsuit against the insurance company over the termination of her long-term disability benefits. Finding no basis to grant the beneficiary's "eye-popping" request for $180,774 in fees plus $2,984 in costs, she is awarded $69,725 in fees and no costs, as the fee calculations she proposes based on her attorneys' hourly work are excessive and unreasonable.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: September 28, 2023, Case #: 3:20cv420, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Attorney Fees
J. Kleeh grants in part, denies in part and holds in abeyance in part two of the estate’s motions in limine, and grants four and denies four of the Lewis County Commission’s motions in the estate’s civil rights suit accusing three Lewis County deputy sheriffs of causing a developmental disabled man’s death on Nov. 12, 2018, after deploying their Tasers on him multiple times while arresting him for violating parole. A Feb. 26, 2024, trial date is scheduled.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: September 28, 2023, Case #: 2:20cv47, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Discovery
[Consolidated.] J. Siler finds the lower court properly denied the property owners' motion for discovery because none of the documents or information requested had any bearing on due process claims regarding the notice given by the city before it demolished several properties deemed public nuisances. Affirmed.
Court: 6th Circuit, Judge: Siler, Filed On: September 28, 2023, Case #: 22-3216, Categories: Property, Due Process, Discovery
J. Edmunds denies officers summary judgment in excessive force claims contending officers fractured plaintiff's foot in incidents that evolved after plaintiff stopped his bike to ask officers for directions home. Plaintiff found officers so "rude," he went to a White Castle to ask for directions, but officers followed him on grounds that he seemed drunk. When plaintiff tried leaving the fast food chain, an officer allegedly kicked him off the bike, threw him to the ground, choked him, and stomped on his foot. Meanwhile, the alleged reason for arrest, that plaintiff's bike lacked a headlamp, had not been noted in the arrest report, and plaintiff had not posed a threat to officers or the public during the investigation into what would have been a civil infraction.
Court: USDC Eastern District of Michigan, Judge: Edmunds, Filed On: September 28, 2023, Case #: 2:20cv12912, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Kemp finds the circuit court properly dismissed the prisoner’s petition for a writ of mandamus seeking entitlement to parole. The issue has been addressed by the Arkansas Supreme Court in a prior order affirming the circuit court’s denial of the same type of petition. Because petitioner pleaded guilty to rape committed in 1996, certain Arkansas Code applies addressing violent offender eligibility upon reaching regular eligibility, but only after a minimum age of 55. Though petitioner is 55, his eligibility is not within the purview of the trial court. Thus, no reference to the parole-eligibility statutes is listed in his judgment and commitment order. It is settled that the determination of eligibility is solely up to the corrections division, which has determined that the petitioner’s eligibility date is in 2037. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp, Filed On: September 28, 2023, Case #: CV-22-792, Categories: Parole, Sex Offender, Jurisdiction
J. Schuster finds surveillance footage showing defendant enter the house of the victim, as well as testimony from a witness that he was the individual who shot the victim after he was robbed of marijuana, was sufficient to convict defendant of burglary, robbery and murder. Meanwhile, the decision by defendant's attorney to stipulate to the unavailability of an accomplice as a witness did not constitute ineffective assistance of counsel because the accomplice had been advised by his own counsel to invoke his Fifth Amendment rights and, therefore, he would not have provided any relevant or exculpatory testimony. Affirmed.
Court: Ohio Court Of Appeals, Judge: Schuster, Filed On: September 28, 2023, Case #: 2023-Ohio-3490, Categories: Burglary, Ineffective Assistance, Murder
J. Stratton finds that the trial court's sanction of $70,000 in attorney fees and costs was supported by substantial evidence that the husband in a dissolution action demonstrated a "steadfast, continued disregard of the court's orders and the terms of the parties' settlement agreement and judgment." Also, the sanctions order of $1,000 per day was not indefinite as he argued, but contingent solely on his compliance. And he failed to show the sanctions are an unreasonable burden. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: September 28, 2023, Case #: B313786, Categories: Family Law, Sanctions, Attorney Fees
J. Hovland grants an insurance company's bad faith claim in an insurance matter in which property was damaged by a storm. The insured is generally entitled under the policy to an immediate payment representing the actual cash value of the loss, which was done in this matter.
Court: USDC North Dakota , Judge: Hovland, Filed On: September 28, 2023, Case #: 1:21cv165, NOS: Insurance - Contract, Categories: Insurance