73 results for 'filedAt:"2023-11-27"'.
J. Lanza grants a debt collector's motion to enforce a settlement agreement against a borrower. The debt collector sufficiently showed in court that the borrower, who smashed the vehicle with a fire extinguisher, fell behind on payments on a Cadillac CTS, which resulted in repossession of the vehicle.
Court: USDC Arizona, Judge: Lanza, Filed On: November 27, 2023, Case #: 2:23cv311, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Damages, Contract
Per curiam, the circuit finds the district court properly sentenced defendant to 120-months in prison for felony firearm possession. Defendant was reported near a daycare in Amarillo, Texas while carrying a firearm, asking bystanders about the number of children inside. This occurred three days after the Robb Elementary School shooting in Uvalde, Texas. Police recovered an AR-style rifle with a loaded magazine and arrested defendant nearby. Though his existing mental health issues may have been exacerbated by being robbed and shot 9 times, the upward sentencing variance was properly made due to defendant's history of violence and the seriousness of the offense. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 27, 2023, Case #: 23-10145, Categories: Firearms, Sentencing
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Per curiam, the circuit finds the district court properly denied the sheriff's motion to dismiss the handyman's wrongful arrest claims. The handyman was arrested after he fixed a broken window located at an apartment where a robbery had taken place. Though he had reported he cut his hand during the repair, he was arrested based on a DNA match, and without proper documentation or victim interview by the officers. He was found not guilty for lack of evidence after having been incarcerated for two years and on home confinement for a year. He has plausibly alleged claims of malicious prosecution, overcoming the qualified immunity defense. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 27, 2023, Case #: 23-30238, Categories: Civil Rights, Evidence, Immunity
J. Stevens finds that the trial court properly terminated the mother's parental rights to her children based on sufficient evidence to support the statutory ground. The mother engaged in endangering conduct in multiple ways, including by not complying with her family service plan, being jailed for weeks and testing positive for illegal drugs. Affirmed.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: November 27, 2023, Case #: 06-23-00061-CV, Categories: Evidence, Family Law
J. Baldwin finds the detective's testimony at trial identifying the voices of he and defendant on an audio recording of the arrest that led to drug charges properly authenticated the recording and allowed the trial court to enter it into evidence. Meanwhile, the trial court properly imposed consecutive sentences because it not only made all required findings, but defendant's lengthy history of criminal conduct, coupled with the variety and amount of drugs found in his possession, supported the sentence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: November 27, 2023, Case #: 2023-Ohio-4263, Categories: Drug Offender, Evidence, Sentencing
J. Pepper finds in favor of U.S. Bank and the attorneys and other individuals sued by the church and church members claiming they had funds in a U.S. Bank account fraudulently frozen or garnished, in part violating federal debt collection law. U.S. Bank and one individual named in the church's complaint are dismissed from the action, as the complaint does not allege specific federal claims against them and the court does not have personal jurisdiction over them. In part because the complaint's allegations against the attorneys and other individuals are too vague and the complaint incorrectly lists violations of multiple criminal statutes, the church is given until December 29, 2023, to file a document showing cause why the remainder of the parties and allegations in the suit should not be dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 27, 2023, Case #: 2:23cv1120, NOS: Other Civil Rights - Civil Rights, Categories: Debt Collection, Contract
J. Joseph denies a request by parish authorities to dismiss claims of malicious prosecution by a citizen who says his run-ins with police at a department store and a Home Depot stem from their desire to punish him for his exercising his constitutional right to freedom of speech while “peacefully shopping.” The outspoken shopper correctly argues, though without citation to any authority, that his state law claims against police are not time-barred because criminal cases against him related to his run-ins with the law remain pending.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: November 27, 2023, Case #: 5:23cv894, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Constitution, Malicious Prosecution
J. Jordan finds that the district court properly rejected arguments from objectors and approved the settlement in a class action brought by the vehicle owners and lessees against Mercedes-Benz and another company arising from defects in their vehicles' red paint. The settlement allows for reimbursement of qualified past repairs and covers qualified future repairs. The objectors incorrectly claimed that the majority of class members will receive no benefits under the settlement. The objectors' calculation of the number of class members who are ineligible for benefits fails to account for vehicle owners who have not experienced any paint defect or will choose not to file a claim. Affirmed.
Court: 11th Circuit, Judge: Jordan, Filed On: November 27, 2023, Case #: 21-14503, Categories: Product Liability, Class Action
J. Joseph denies summary judgment to Amazon.com on the online website’s arguments it is not liable for the products of approximately two million “third party sellers,” including a defective battery charger resulting in a deadly house fire and wrongful death claims. Amazon may re-urge its requests after resolution of questions to the Louisiana Supreme Court regarding an online market operator’s liability for potentially dangerous products sold by a third-party seller under both state law and a legal theory of negligent undertaking.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: November 27, 2023, Case #: 5:20cv1448, NOS: Tort Product Liability - Real Property, Categories: Consumer Law, Negligence, Product Liability
J. Pucinski finds that the lower court properly denied the lender's motion to compel arbitration on counterclaims asserted by the car purchasers who defaulted on their payment obligations. The lender exercised its contractual right to litigate this dispute, and its choice to litigate extends to the purchasers' counterclaims. Affirmed.
Court: Illinois Appellate Court, Judge: Pucinski, Filed On: November 27, 2023, Case #: 221804, Categories: Arbitration, Banking / Lending, Contract
J. Brown finds that the district court should not have granted a prospective employer's exception of no cause of action on an employee's claims that the prospective employer improperly rescinded its job offer after an investigation was opened regarding the employee's alleged theft of property from her former employer. The record shows that after the employee was offered and accepted employment with the prospective employer, she submitted a formal letter of resignation to her former employer. The employee was left unemployed for several months after the prospective employer did not hire her. Reversed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: November 27, 2023, Case #: 2023-CA-0331, Categories: Employment, Contract
J. Jackson-Akiwumi finds that the bankruptcy court properly disallowed the creditor's claim in its entirety because the matter of the loan's repayment was already decided by a consent agreement. Affirmed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: November 27, 2023, Case #: 22-1424, Categories: Bankruptcy
J. Daniel denies a group of medical care providers’ motions to dismiss allegations that they submitted false claims to private insurance companies and government payors. The federal and Illinois governments claim the providers gave people seeking Covid-19 testing in 2020 a superfluous round of testing for unrelated illnesses, passed the costs on to insurers, and then raked in as much as $3.6 million of inflated reimbursements. The court finds the government has sufficiently alleged these allegations for fraud and false claims.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: November 27, 2023, Case #: 1:21cv2544, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Health Care, Insurance
J. Leinenweber grants a group of delivery drivers’ motion for conditional class certification in this labor rights case. The court also grants a pair of delivery companies’ motion to strike two of the drivers’ alternative counts, and grants a motion from a trio of third-party businesses owned by the suing drivers to dismiss the delivery companies’ claim that the businesses must indemnify the delivery companies in this action. The drivers claim the delivery companies falsely classified them as contractors rather than employees in order to underpay them and shift business costs onto their individual shoulders. They allege violations of multiple states’ wage and labor laws. In retaliation, the delivery companies say the drivers’ own businesses are contractually obligated to indemnify them for any overtime pay violations. The court rejects this argument, opining it would undermine wage law and allow employers to skirt responsibility for mistreating workers. It also limits the proposed class to drivers who worked for one of the delivery companies between May 2020 and the present while classified as independent contractors, and who have since stopped working for the company.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: November 27, 2023, Case #: 1:23cv1573, NOS: Fair Labor Standards Act - Labor, Categories: Indemnification, Class Action, Labor
J. Johnston denies John Deere’s motion for summary judgment on the pleadings of an antitrust class action. A class of customers allege that the equipment manufacturer is purposefully withholding the software tools needed to repair its products from farmers and independent repair shops, thereby monopolizing the U.S. tractor repair industry. In its 89-page decision, the court finds that the class sufficiently alleged its claims under the Sherman Act on both constitutional and antitrust standing.
Court: USDC Northern District of Illinois, Judge: Johnston, Filed On: November 27, 2023, Case #: 3:22cv50188, NOS: Other Statutory Actions - Other Suits, Categories: Agriculture, Antitrust, Class Action
J. Larkin affirms the district court's decision terminating the mother's parental rights. The district court did not clearly err in allowing the mother to waive her right to counsel, since it adequately warned her of the difficulties proceeding pro se would present. It also did not violate her right to due process by removing her from trial for disruptive conduct and proceeding in default. She also failed to preserve evidentiary objections for review on appeal, and the district court did not abuse its discretion in finding that termination was in the child's best interests. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Larkin, Filed On: November 27, 2023, Case #: A23-0935, Categories: Civil Procedure, Family Law, Due Process