109 results for 'filedAt:"2023-10-13"'.
J. Neals dismisses nearly all claims contending a coworker falsely submitted a corrections officer's name for membership to the Ku Klux Klan, that the coworker threatened other officers, and that he secretly recorded officers' phone calls. Evidence did not indicate the coworker was acting within his job duties while recording the officers, and none of the coworker's actions caused the officers loss of prospective gain. Meanwhile, one officer had been fired for excessive absenteeism, and evidence did not indicate discipline had been retaliatory.
Court: USDC New Jersey, Judge: Neals , Filed On: October 13, 2023, Case #: 2:17cv2875, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Negligence, Emotional Distress
Per curiam, the Vermont Supreme Court finds the trial court improperly granted a divorced woman’s motion to enforce the final divorce order. The court should not have corrected the stipulation for being mistaken because the time had expired already for motions to set aside the judgement to be filed. Reversed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: October 13, 2023, Case #: 23-AP-111, Categories: Family Law, Settlements
J. Kobayashi dismisses a complaint stemming from the denial of an individual’s unemployment assistance, finding that the civil rights claims against the state, the governor and other state officials in their official capacity are barred by the 11th Amendment. Due process claims in their individual capacity also fail as the complaint is not clear on basic facts, such as whether the employee qualifies for unemployment benefits in the first place or what the denial process looked like.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: October 13, 2023, Case #: 1:23cv385, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Government, Due Process
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J. Lopez grants Lowe's motion to arbitrate wage payment violation claims brought by a proposed class of employees. Although the employee signed a form to opt out of an agreement to arbitrate in 2017, the parties dispute whether the opt-out was valid as to the employee's 2014 employment agreement. It is undisputed that the 2014 arbitration agreement is valid and that it calls for an arbitrator to make decisions regarding arbitrability issues. Therefore, an arbitrator must determine whether the 2017 opt-out form exists, is valid and is enforceable.
Court: USDC Southern District of California, Judge: Lopez, Filed On: October 13, 2023, Case #: 3:22cv545, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Employment
J. Simons finds the probate court improperly determined that the family-owned company lacks standing to participate in a family trust petition filed by certain owners because it was not a beneficiary or a trustee. Each of the siblings own an equal share of the company and a shareholder agreement provides that shareholders can borrow and lend money and transfer assets. Probate Code permits the court to designate as an interested person anyone having an interest in an estate which may be affected by a probate proceeding and the court must make the discretionary determination as to whether the company is an interested person. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Simons, Filed On: October 13, 2023, Case #: A166997, Categories: Trusts, Wills / Probate, Contract
J. Mesiwala finds the juvenile court improperly terminated the father’s parental rights. The child was removed through a protective custody warrant based on a failure to thrive diagnosis. The father says that Social Services failed to comply with requirements of the Indian Child Welfare Act by not inquiring of extended family members as to the minor’s potential Indian ancestry. Conditionally reversed and remanded.
Court: California Courts Of Appeal, Judge: Mesiwala, Filed On: October 13, 2023, Case #: C097911, Categories: Family Law, Native Americans, Guardianship
J. Clark finds the lower court erroneously granted the neighbors' motion to dismiss a vexatious litigation suit on advice of counsel grounds. It failed to analyze whether the neighbors made a full disclosure of all the operative facts to their attorneys and improperly based its decision on the subjective opinion of the attorney who filed the trespass suit against the property owners. Reversed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: October 13, 2023, Case #: AC45350, Categories: Civil Procedure, Property
J. Lambert finds the petition for certiorari review of three trial court orders in a lawsuit between doctors over the potential dissolution of their optometry practice must be denied and dismissed. Developments in the case have rendered the doctors' challenges to orders extending the "status quo" of the dispute and for a protective order precluding the doctors' termination or non-renewal of one of their employment agreements moot, and their third challenge to a civil contempt order entered against them is untimely.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: October 13, 2023, Case #: 22-2298, Categories: Employment, Contract
J. Armstead reverses the circuit court's order affirming the Wayne County Family Court's decision awarding the ex-wife spousal support of $10,000 over 12 months. The family law judge abused his discretion by awarding the ex-wife spousal support in gross and not considering all statutory factors such as her possible need for support after the couple's remaining minor child graduates high school in June 2024. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead, Filed On: October 13, 2023, Case #: 21-0897, Categories: Civil Procedure, Family Law
J. Carter awards $4.4 million to the plaintiff company, which represents the difference between the value of the company it purchased as warranted by the seller, and its true value at the time of the transaction. The purchaser isolated the effects of the misrepresentations and applied the purchase price multiple to arrive at a calculation directly tied to the information concealed by the seller.
Court: USDC Southern District of New York, Judge: Carter, Filed On: October 13, 2023, Case #: 1:15cv4428, NOS: Other Contract - Contract, Categories: Fraud, Damages
J. Rogers finds the trial court properly applied the 2-point drug house sentence enhancement after defendant pleaded guilty to several counts of fentanyl distribution. Although none of the drugs were manufactured at the property, the high number of sales, including three controlled buys from law enforcement in a 2-week period, gave the court sufficient evidence the house was primarily used to facilitate drug deals. Affirmed.
Court: 6th Circuit, Judge: Rogers, Filed On: October 13, 2023, Case #: 22-1961, Categories: Drug Offender, Sentencing
J. Karem finds that the lower court properly ruled for the heirs of plaintiff's sister based on the doctrine of merger regarding proceeds from the future sale of inherited property because plaintiff already sold her half of the property to her sister under an unambiguous agreement in 1997. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Karem, Filed On: October 13, 2023, Case #: 2023-CA-0005-MR, Categories: Property
J. Wallis finds the Florida trial court made an error by ceding jurisdiction regarding custody matters for the former husband and former wife's child from Florida to Illinois. A finding by the Illinois court that Illinois was now the child's "home state" since he had moved there with the former wife does not create a reason under Florida statutes for the Florida court to cede its "exclusive, continuing jurisdiction" over the child's custody matters under the Uniform Child Custody Jurisdiction and Enforcement Act. The trial court's denial of the former husband's motion for a re-hearing is reversed, and the case is remanded for the trial court to vacate its decision and reconsider jurisdiction under procedures laid out in the Act. Reversed.
Court: Florida Courts Of Appeal, Judge: Wallis, Filed On: October 13, 2023, Case #: 22-2632, Categories: Family Law, Jurisdiction
Per curiam, the Vermont Supreme Court finds the trial court properly terminated a mother’s parental rights to her child. The evidence supports the finding regarding the mother’s stagnation was due to her choices within her control and failed was not able to resume her parental responsibilities in a reasonable time. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: October 13, 2023, Case #: 23-AP-173, Categories: Family Law
Per curiam, the Vermont Supreme Court finds the Human Services Board properly dismissed the petitioner’s appeal as moot for sexual abuse by exploitation. The petitioner argues he should not be on the sexual abuser registry but fails to make an argument as the provision has any relevance. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: October 13, 2023, Case #: 23-AP-109, Categories: Sex Offender
Per curiam, the circuit finds that the district court properly denied a request in which plaintiff, an American, sought certificates of citizenship for two sons born in Greece. The paperwork and the initial denials had been lost in the 9/11 terror attacks in Manhattan, but new appeals were filed after the boys were over the age of 18. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: October 13, 2023, Case #: 22-2833-cv, Categories: Civil Procedure, Immigration
J. McAuliffe recommends granting, in part, default judgment to an individual on his Americans with Disabilities Act claims against a sushi restaurant. The individual has shown the restaurant, which did not respond to the complaint, does not provide sufficiently accessible restrooms, while the path to the entryway was overly steep and the door difficult to open.
Court: USDC Eastern District of California, Judge: McAuliffe, Filed On: October 13, 2023, Case #: 1:23cv207, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act
J. Berger denies the equipment repair and manufacturing company's preliminary injunction to stop a former employee who started a competing company from using confidential information he obtained to reverse engineer decanter centrifuges, conducting business with its existing clients, and soliciting employees. The company cannot establish a "clear showing" of "irreparable harm" by the former employee's use of the equipment drawings in his business.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: October 13, 2023, Case #: 2:23cv440, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Business Practices, Injunction
J. Aiken dismisses the timber and wood products company as a defendant in the seasonal agricultural worker's case alleging that she was fired for reporting a co-worker for sexually inappropriate advances. There is no evidence that the timber and wood products company acted as a joint employer of the worker because it did not supervise, direct or otherwise control the worker or her schedule.
Court: USDC Oregon, Judge: Aiken, Filed On: October 13, 2023, Case #: 6:22cv882, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Evidence
J. Markle finds that the juvenile court properly terminated the father's parental rights and correctly denied his motion for a new trial. The father was personally served with the petition by a deputy who left the documents with the father's mother at the father's direction. Sufficient evidence was presented to support the juvenile court's finding that the children were dependent and that the dependency was likely to continue. The father had a history of homelessness and inconsistent employment and failed to submit to drug tests or pay child support. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: October 13, 2023, Case #: A23A0726, Categories: Family Law
J. Wesley finds that the district court properly found for federal agencies in claims challenging quotas designed to protect the summer flounder population from overfishing. The state sought a higher quota percentage because fish had migrated northward, but amendments to the rules of calculation accounted for such developments. Affirmed.
Court: 2nd Circuit, Judge: Wesley, Filed On: October 13, 2023, Case #: 22-1189, Categories: Administrative Law, Commerce, Environment
J. Smith finds the district court improperly entered summary judgment in favor of the airline sued for civil rights violations after it canceled a flight because an attendant complained about “Middle Eastern”-appearing passengers. The court found the airline immune under a federal law which allows it to remove a passenger it fears “might be, inimical to safety.” That all passengers had their flight canceled, and that certain behaviors of the American citizens such as handwaving were perceived as suspicious, raises issues of first impression as to whether the cancellation constitutes disparate treatment, whether the civil rights claim can exist without a breach of contract and whether immunity may be granted for allegedly discriminatory decisions. Reversed and remanded.
Court: 5th Circuit, Judge: Smith, Filed On: October 13, 2023, Case #: 22-10686, Categories: Admiralty, Civil Rights, Terrorism