113 results for 'filedAt:"2024-01-26"'.
J. Pryor dismisses the immigrant's petition for review of the decision to remove him to Jamaica after he was convicted of aggravated felonies. The immigrant was brought to the United States by his father, who is a naturalized citizen, and was admitted as a lawful permanent resident. The immigrant lacks standing to assert his claim that a provision of the statute disallowing naturalized unmarried fathers from transmitting citizenship to their children violates the equal protection guarantee of the Fifth Amendment by discriminating based on race and sex. The immigrant would not have derived citizenship from his father even if the provision treated mothers and fathers the same.
Court: 11th Circuit, Judge: Pryor, Filed On: January 26, 2024, Case #: 22-10416, Categories: Immigration, Equal Protection
J. Hughes finds that the district court properly dismissed a third-party asbestos abatement company's Louisiana Unfair Trade Practices Act claim against a school after the school terminated its contract with the general contractor when finding asbestos fibers in the school. Although the abatement company could have stated a cause of action under contract law, there is no cause of action under the Louisiana Unfair Trade Practices Act. In this case, the state is a customer acting in furtherance of its governmental function of maintaining school buildings in good repair and free
from health hazards. Affirmed in part.
Court: Louisiana Supreme Court, Judge: Hughes, Filed On: January 26, 2024, Case #: 2023-CC-00794, Categories: Education, Evidence, Asbestos
J. Mayle finds the trial court erroneously determined it lacked jurisdiction over the school board's petition for a writ of prohibition. Recent case law and the current interpretation of the Ohio Constitution grants common pleas courts jurisdiction to hear such cases, which are no longer limited to appeals courts and the Ohio Supreme Court. However, because the Ohio Department of Education has the authority to settle residency disputes between school districts and the school district in this case had an adequate remedy by way of a declaratory judgment action, the petition for a writ of prohibition was properly dismissed by the lower court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: January 26, 2024, Case #: 2024-Ohio-285, Categories: Education, Jurisdiction
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J. Weimer finds that the district court should not have denied defendant's petition for post-conviction relief on his convictions for first degree murder. The state improperly suppressed exculpatory evidence when it did not disclose serology notes related to blood found on a jacket at the murder scene which do not match the DNA of the victims or defendant. Further, the state did not properly disclose that a jailhouse informant, who testified that defendant admitted to the crime, received special treatment regarding probation for his testimony. Reversed and vacated.
Court: Louisiana Supreme Court, Judge: Weimer, Filed On: January 26, 2024, Case #: 2021-KP-00812, Categories: Evidence, Murder
J. Reyers conditionally certifies a Fair Labor Standards Act collective action against the owners of two gas stations for unpaid wages. The litigant, a gas station attendant, sufficiently shows there are other, similarly situated employees who may have been victims of a common policy.
Court: USDC Eastern District of New York, Judge: Reyes, Filed On: January 26, 2024, Case #: 1:22cv5475, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Dever denies two voters from a majority-Black Senate district in northeast North Carolina their motion for an extraordinary, mandatory preliminary injunction, which they claim is necessary to then establish a racially gerrymandered district in order to abide by the Voting Rights Act of 1965. The voters allege that the General Assembly violated the Act precisely because it did not engage in race-based district creation, disadvantaging Black voters in majority-white state. However, as the 2024 elections are already under way, the two voters fail to show that the Voting Rights Act needs this injunction to initiate race-based grouping of voters, and doing so would likely confuse voters and create chaos that could compromise election integrity.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: January 26, 2024, Case #: 4:23cv193, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections, Government
J. Pulliam finds a hearing officer ruled correctly in determining that individualized education programs issued for a troubled child were reasonable and appropriately addressed his educational needs. The hearing officer found the school district had done “all that it could” to design an education plan for the student, and the student’s family has not provided adequate evidence that the district failed to provide him a free appropriate public education. Affirmed.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: January 26, 2024, Case #: 5:21cv636, NOS: Education - Civil Rights, Categories: Administrative Law, Civil Rights, Education
J. Gravois finds that the district court should not have granted defendant's request for an out-of-time appeal of her convictions and sentences because the appeal was not timely filed within two years after her appeal delays expired or 30 days from the date of her guilty pleas to drug violations. However, defendant timely sought review of her probation revocation after her probation was revoked. Reversed and vacated in part.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: January 26, 2024, Case #: 23-KH-608, Categories: Drug Offender, Sentencing
[Modified.] J. Stewart alters a footnote and denies a rehearing with no change in judgment. The juvenile court had discretion to deny a request to reduce a juvenile's baseline term of confinement who was 14 when he shot and paralyzed a man during a robbery. A ward who follows his rehabilitation plan is not necessarily entitled to a reduction to the baseline term. Affirmed.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: January 26, 2024, Case #: A166850, Categories: Juvenile Law, Sentencing
J. Huffman finds that defendant's due process rights were not violated when he was excluded from the victim's competency hearing with the trial court. His attorney was allowed to attend and no questions regarding defendant's guilt were asked during the hearing. Meanwhile, the decision by defendant's attorney not to call character witnesses was part of a sound trial strategy and does not rise to the level of ineffective assistance of counsel. Calling such witnesses would have opened the door to potentially harmful testimony about his relationship with his daughter, the victim. Affirmed.
Court: Ohio Court Of Appeals, Judge: Huffman, Filed On: January 26, 2024, Case #: 2024-Ohio-277, Categories: Domestic Violence, Due Process, Child Victims
J. Lucas finds that the trial court properly dismissed charges of failure to register as a sex offender by applying the statute that was active at the time of defendant's original conviction, which did not require him to register as a sex offender until his original sanction was completed. Defendant had not paid all fines, and thus had not completed his sanction. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lucas, Filed On: January 26, 2024, Case #: 2D21-2784, Categories: Criminal Procedure, Sentencing, Sex Offender
J. Khouzam finds that the trial court properly denied a business partner judgment on the pleadings on fraud allegations brought by his former partner because the complaint addresses conduct outside the proceedings, and he is not entitled to immunity based on the litigation privilege. Affirmed.
Court: Florida Courts Of Appeal, Judge: Khouzam, Filed On: January 26, 2024, Case #: 2D23-459, Categories: Fraud, Immunity, Privilege
J. Alonso partially grants a physical therapy provider’s motion to dismiss RICO claims brought by two former patients. The patients claim the provider charged them the “full, rack-rate cost of services, instead of the insurance-negotiated rates they are contractually obligated to charge.” The court finds the patients have not sufficiently alleged racketeering claims or Illinois law fraud claims. One of the patient’s additional claims under the Maryland Consumer Protection Act stands, as do both patients unjust enrichment claims.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: January 26, 2024, Case #: 1:22cv1181, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Fraud, Health Care, Racketeering
J. Smith finds that the trial court properly ruled against an investment firm in a breach of fiduciary duty case it brought against a sign company. The investment firm had a stake in the company before it dissolved and reformed without the firm's further involvement. The sign company did not owe a fiduciary duty to the investment firm. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: January 26, 2024, Case #: 03-22-00014-CV, Categories: Corporations, Fiduciary Duty
J. Griffin answers a certified question that prescription is interrupted when another suit that is commenced is sufficient to fully apprise a defendant of the nature of the claim of the plaintiff, and what is demanded of the defendant. Under statute, prescription is interrupted when a defendant knows what legal demands are made on him or her from the description in the petition. In this case, a former Alcohol and Tobacco Control employee claimed that he was fired in retaliation for submitting written complaints describing violations in his state suit before filing a complaint in federal district court asserting substantially similar facts.
Court: Louisiana Supreme Court, Judge: Griffin, Filed On: January 26, 2024, Case #: 2023-CQ-00257, Categories: Civil Procedure, Employment, Employment Retaliation
J. Waterman finds that chiropractors were properly denied certification of class claims contending Wellmark violated Iowa Competition Law 553 and compromised profits upon entering administrative services agreements with over 400 employers that self-fund healthcare benefits for employees. The chiropractors failed to offer expert testimony to prove financial duress, and local variables precluded them from functioning as a class. Affirmed.
Court: Iowa Court Of Appeals, Judge: Waterman, Filed On: January 26, 2024, Case #: 22-0303, Categories: Antitrust, Class Action
J. Flanagan partially denies a crop insurance company’s motion for summary judgment after a farm alleged the company’s agent breached fiduciary duty and committed fraud and negligence when the company did not properly pay on a claim. The farm was able to show sufficient evidence that the agent misrepresented the kind of coverage and amount available to the farm, so their allegations against him survive, but not their claims against the company itself.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: January 26, 2024, Case #: 7:21cv126, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Fiduciary Duty, Negligence
J. Biles finds a lower court properly denied a defendant's motion for monetary damages after his felony conviction for interference with law enforcement was reversed in court. The defendant argued that he is entitled to damages for the reversal of his conviction. However, the government sufficiently showed in court that he obtained summary judgment and not a dismissal, which does not trigger monetary relief. Affirmed.
Court: Kansas Supreme Court, Judge: Biles, Filed On: January 26, 2024, Case #: 126,247, Categories: Evidence, Sentencing, Domestic Violence
J. Hunt grants a university board of trustees’ motion for summary judgment on a former university police officer’s Fair Medical Leave Act claims. The former officer claims he was fired for taking FMLA leave in the summer of 2021, but the court finds the trustee board provided sufficient evidence to show the officer was fired because of repeated attendance violations, among other offenses.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: January 26, 2024, Case #: 1:21cv6667, NOS: Family and Medical Leave Act - Labor, Categories: Education, Employment Retaliation, Police Misconduct
J. Arnold finds a lower court improperly dismissed trademark claims brought by Umbro against Dream Pairs. Dream Pairs argued that its trade mark for its sports based clothing is valid. However, Umbro sufficiently showed in court that Dream Pairs' trademark, which is practically identical, is invalid and confuses consumers. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Arnold, Filed On: January 26, 2024, Case #: CA-2023-1043, Categories: Trademark
J. Grasz finds a lower court properly dismissed a department of corrections hobby craft specialist's race and sex discrimination claims. The former employee argued that the department of corrections terminated her role because she is Black and female. However, the department of corrections sufficiently showed in court that she was let go for unsatisfactory performance, theft of property, and mishandling funds for personal use. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: January 26, 2024, Case #: 23-1413, Categories: Civil Rights, Employment, Employment Discrimination
J. Miller finds that the trial court properly denied the employee's claim for penalty wages in a suit filed after her termination at a car dealership. Since the employer's dispute over the amount of wages owed to the employee was not done in bad faith, it was not liable for penalty wages in addition to the past due wages, attorney fees and costs that were awarded. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Miller, Filed On: January 26, 2024, Case #: 2023CA0676, Categories: Employment, Damages, Labor
J. Nichols finds, in part, for a pharmaceutical company on its action against the Food and Drug Administration for its failure to hold a hearing on the company's challenge to its refusal to approve its drug, Hetlioz, for jet lag disorder. The FDA fails to show its delay in acting on the company's request for a hearing is merely modest, nor has it shown it will be unduly burdened by quickly commencing a hearing.
Court: USDC District of Columbia, Judge: Nichols, Filed On: January 26, 2024, Case #: 1:22cv2775, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Health Care