101 results for 'filedAt:"2023-11-13"'.
Per curiam, the circuit finds that the district court improperly dismissed deliberate indifference claims contending prison officials failed to enforce policies against indoor smoking because officials named in the suit were neither personally involved in deliberating on the inmate's grievance nor in enforcing policies. However, claims were dismissed before the inmate had a chance to discover which subordinates had been designated to carry out these duties. The inmate may remand claims to add a prison superintendent given the state's expressed interest in learning more about the alleged violations.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 13, 2023, Case #: 21-2795, Categories: Civil Procedure, Prisoners' Rights
J. Lawson partially rules in favor of the insurer in a breach of contract action brought by a subcontractor arising from a military construction project. Although the subcontractor satisfied the notice requirements under a subcontractor payment bond, questions of fact remain as to the terms of the contract between the subcontractor and the company. The company's motion for summary judgment is denied because genuine issues of fact exist as to the terms of a purchase order agreement and whether the parties had an additional, oral profit-sharing agreement.
Court: USDC Middle District of Georgia, Judge: Lawson, Filed On: November 13, 2023, Case #: 7:21cv79, NOS: Miller Act - Contract, Categories: Insurance, Contract
J. Johnston denies an Illinois county’s motion for summary judgment in a disability discrimination and retaliation case brought by a former county HR employee. The former employee claims the county fired her, in part, for taking legal FMLA leave, while the county itself cites the former employee’s performance deficiencies. The court finds there are too many factual disputes between the parties’ narratives to make summary judgment appropriate.
Court: USDC Northern District of Illinois, Judge: Johnston, Filed On: November 13, 2023, Case #: 3:20cv50041, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
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Per curiam, the Fifth Circuit finds the trial court properly convicted defendant for possession and distribution of child pornography. Defendant’s phone was searched by warrant after he gave inconsistent statements regarding his whereabouts during a trailer home fire that killed his girlfriend. The search warrant related to the murder investigation, which yielded the pornography, was not overbroad and the good-faith exception to the exclusionary rule applies. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 13, 2023, Case #: 22-51061, Categories: Search, Sex Offender, Child Pornography
J. Higginbotham finds the district court properly upheld the chemical refinery facility builder's research tax deficiency resulting from its claim for a technology research tax credit. The builder contracted away all rights to its work product and it was not paid specifically for doing research. Affirmed.
Court: 5th Circuit, Judge: Higginbotham , Filed On: November 13, 2023, Case #: 22-30764, Categories: Tax, Contract, Technology
J. Pellegrini finds that the lower court improperly dismissed the Philadelphia Department of Human Services’ petition for dependency of a minor child after the child was brought to the hospital with “multiple fractures and bruising on her wrist, ribs and elbows that were determined to be non-accidental.” The department presented clear and convincing evidence to support that the child’s parents had caused the injuries. Reversed.
Court: Pennsylvania Superior Court, Judge: Pellegrini, Filed On: November 13, 2023, Case #: J-A19031-23, Categories: Civil Procedure, Evidence, Guardianship
J. Rothstein dismisses the spa owners' lawsuit alleging that Andreta Armstrong, Executive Director of the Washington State Human Rights Commission, and the HRC investigator violated the spa owners' religious beliefs by trying to force them to allow transgender women with male genitalia to enter the spa “specifically designed for women.” The spa owners argue that the HRC investigator denied them due process by not performing an investigation of the discrimination complaint against them, but the spa owners chose to not have an investigation when they agreed to a settlement with the complainant.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: November 13, 2023, Case #: 2:22cv340, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Settlements, Due Process
J. Trapp finds the trial court properly found the buyer liable on conversion claims filed by the seller. Although the deed to the home had been transferred, this transfer did not allow her to exert dominion over personal belongings remaining in the home, which the seller attempted to collect on several occasions - actions that clearly indicated the property was not abandoned. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: November 13, 2023, Case #: 2023-Ohio-0495, Categories: Real Estate, Conversion, Contract
J. Hendrickson finds the trial court properly granted permanent custody of the children to family services. Allthough the mother willingly engaged in large portions of her case plan, she threatened several family services employees, forged doctors' notes when she missed required hearings or classes, and failed to ensure the safety of the children when they were in her care, all of which gave the court a legitimate reason to place them in foster care permanently. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hendrickson, Filed On: November 13, 2023, Case #: 2023-Ohio-4082, Categories: Evidence, Family Law
J. Fields finds that the trial court properly declined to vacate a default judgment granting a claim for a one-half interest in a property. The motion to vacate is time-barred because it came 184 days after the judgment. The six-month bar on statutory relief is the longer of either 182 days or six calendar months. Affirmed.
Court: California Courts Of Appeal, Judge: Fields, Filed On: November 13, 2023, Case #: E078234, Categories: Civil Procedure, Property
Vice Chancellor Zurn allows several claims to proceed to trial in a dispute over a stock purchase and aviation-related joint venture that turned sour due to a conflicting side venture because a claim for relief had been stated on all but the main claim of fraudulent inducement.
Court: Delaware Chancery Court, Judge: Zurn, Filed On: November 13, 2023, Case #: 2022-0652-MTZ, Categories: Fraud, Contract
Per curiam, the Vermont Supreme Court finds the Board of Liquor and Lottery properly imposed a fine against the licensee for violation of overserving alcohol to a customer. The licensee argues that there was an insufficient time between the investigator’s arrival and the encounter with the patron. The licensee failed to promptly notice and stop serving the very intoxicated customer. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: November 13, 2023, Case #: 23-AP-159, Categories: Evidence, Licensing
J. Mann finds that the lower court properly issued a restitution order against defendant stemming from his conspiracy to commit murder and firearm possession convictions following a home robbery that resulted in the death of one person. Sentencing courts have broad discretion in their ability to order that a defendant must pay restitution to the victims or families of the victims in a case such as this, and the lower court's decision to issue such an order against defendant was not a violation of that discretion. Affirmed.
Court: Washington Court Of Appeals, Judge: Mann, Filed On: November 13, 2023, Case #: 84536-5-I, Categories: Firearms, Sentencing, Conspiracy
J. Kronstadt grants $1.4 million in attorney fees to the foster youths' counsel and $11,400 in costs to the foster youths for their lawsuit alleging that Los Angeles County and others did not provide the foster youths mental health services as required by California and federal law. The foster youths' counsel spent 2,800 reasonable hours on this complex case by reviewing over 15,000 pages of documents and deposing three employees of the county, among other work.
Court: USDC Central District of California, Judge: Kronstadt, Filed On: November 13, 2023, Case #: 2:02cv5662, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Attorney Fees
J. Chasanow grants, in part, trustees’ motion to dismiss a construction company’s claim that they violated the Employee Retirement Income Security Act. Several of the claims are barred by ERISA’s preemption of fiduciary duty, negligence and unjust enrichment claims.
Court: USDC Maryland, Judge: Chasanow, Filed On: November 13, 2023, Case #: 8:23cv450, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Fiduciary Duty
J Watson dismisses liability claims against Honolulu and several of its police officers for their involvement in removing an evicted tenant from a rental unit. The evicted tenant did not argue against the officer’s qualified immunity as they did not violate any of the tenant’s constitutional rights. The city also similarly dodges claims of negligent hiring and training, without any opposition by the tenant. Fair Housing Act claims against the landlords and the officers remain.
Court: USDC Hawaii, Judge: Watson, Filed On: November 13, 2023, Case #: 1:22cv491, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Housing, Police Misconduct
J. Woodlock finds that a former employee was not fired for reporting fraud, as she claims. She refused to provide her former employer with specifics regarding the fraud she was claiming occurred, and she had been guilty unapproved absences.
Court: USDC Massachusetts, Judge: Woodlock, Filed On: November 13, 2023, Case #: 1:13cv11997, NOS: False Claims Act - Torts - Personal Injury, Categories: Employment, False Claims, Whistleblowers
J. Simon grants partial summary judgment to the university against the pharmacy school coordinator's first set of claims under federal and state law for discrimination, retaliation and wrongful termination under her complaint alleging that the university fired her because she took medical leave. The coordinator's does not show a causal link between the September 2018 phone calls, in which the coordinator told the university's general counsel and associate vice president of Human Resources that the coordinator was a victim of sexism, to her termination on Feb 19, 2020.
Court: USDC Oregon, Judge: Simon, Filed On: November 13, 2023, Case #: 3:21cv991, NOS: Employment - Civil Rights, Categories: Employment, Evidence, Employment Discrimination
J. Goldman finds that the trial court properly denied defendant's claim that the application of aggravating factors to his sex offense charges violated his due process rights. The legislature delegated to the Judicial Council the authority to determine which sentencing factors are aggravators, and that delegation is not a violation of the separation of powers. The use of qualitative terms to determine whether circumstances are aggravators does not make the use of the factors unconstitutionally vague. And the facts supporting the aggravators do not need to be detailed in the preliminary hearing.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: November 13, 2023, Case #: A166159, Categories: Sentencing, Sex Offender, Due Process
Per curiam, the Vermont Supreme Court finds the lower court properly granted the mother’s application to change the minor child’s last name to a hyphenated name with both parents’ surnames. The decision to grant the name change, was properly exercised during the divorce pleading and does not have to be in the minor’s best interest. The court also, properly set the parent-child contact schedule for the consistency and best interest of the child. The father fails to prove that he properly preserved an argument that the parties’ abandoned any terms of the post-nuptial agreement. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: November 13, 2023, Case #: 23-AP-115, Categories: Family Law
J. Soud finds the trial court improperly denied the corporation's motion to dismiss a former employee's lawsuit claiming unpaid wages and breach of contract. The corporation correctly argues that the forum selection clause of the parties' employment agreement unambiguously requires the employee's lawsuit to be filed in Delaware, and the trial court incorrectly concluded the clause was "permissive" instead of mandatory, so the trial court's order is overturned and the case is remanded so it can be dismissed. Reversed.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: November 13, 2023, Case #: 22-2341, Categories: Employment, Venue, Contract