115 results for 'filedAt:"2024-01-29"'.
J. Chen trims a consumer’s class action lawsuit and preserves a single claim for deceptive business practices under Massachusetts state law against Laundromax, a nation wide chain of laundromats. She claims the chain sells laundry cards for use in their laundry mats which cannot be used when the balance gets too low, nor can the balance be refunded, a system that she claims functions as a hidden fee not disclosed to customers. She plausibly alleges under a theory of unfairness that the company designed its price structure to prevent card balances from ever reaching zero, resulting in millions of dollars in revenue to which it was not entitled.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: January 29, 2024, Case #: 1:22cv1750, NOS: Truth in Lending - Torts - Personal Property, Categories: Consumer Law, Business Practices, Class Action
J. Pitman partially grants a motion to dismiss crossclaims brought by the CEO of an e-commerce liquor company after he was countersued by a former employee who asserted ownership claims over the company and was previously sued for copyright infringement. A fraud counterclaim by the former employee should be dismissed because she has failed to include “vital” information about when she learned she would not have a significant stake in the company — but she may amend her complaint to add this information, and her other claims can proceed.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: January 29, 2024, Case #: 1:22cv467, NOS: Copyrights - Property Rights, Categories: Copyright, Fraud, Business Practices
J. McDonough grants the city defendants' summary judgment motion in this case alleging malicious prosecution and due process violations in connection with an individual's arrest. The photographic lineup assembled by a detective, even if "unnecessarily suggestive," was not used at trial. The court also intends to grant summary judgment to the remaining defendant, who allegedly selected the plaintiff's picture from the photographic lineup.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: January 29, 2024, Case #: 1:22cv170, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Jackson grants summary judgment to the U.S. Fish & Wildlife Service, upholding the agency’s 2014 decision to remove the Louisiana Black Bear from a list of endangered species after determining that its population had recovered from the threat of agricultural land clearing efforts in the early 1990s. The Service’s decision to delist the Louisiana Black Bear was lawful and not arbitrary or capricious, as litigant-nonprofit organizations alleged. The Service’s conclusions about the viability of the current Black Bear population were “based on its reasonable assessment of the best available scientific evidence.”
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: January 29, 2024, Case #: 3:20cv651, NOS: Other Statutory Actions - Other Suits, Categories: Environment, Evidence, Government
J. Dillard finds that the trial court improperly ruled in favor of the lake owner in a declaratory judgment action against the property owners seeking to restrict the property owners' use of the lake. The property owners' warranty deed established an easement for use of the lake by express grant. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 29, 2024, Case #: A23A1265, Categories: Property
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J. Pena finds that the lower court properly terminated the mother's parental rights to her children. On appeal, the mother challenges the lower court's jurisdiction based on the commencement of the trial, but the trial began "before the new dismissal date." Also, the evidence shows that the "children's current caregivers were meeting their basic needs" and that the mother had "failed to shield them from domestic violence." Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: January 29, 2024, Case #: 13-23-00362-CV, Categories: Evidence, Family Law, Jurisdiction
J. Rothschild finds that defendant is not entitled to appeal the denial of his habeas petition for guilt phase relief under the Death Penalty Reform and Savings Act. He was granted habeas relief on his ineffective assistance claim and his death sentence was reduced to life without parole, so relief under the Act is no longer available to him. Affirmed.
Court: California Courts Of Appeal, Judge: Rothschild, Filed On: January 29, 2024, Case #: B325525, Categories: Death Penalty, Habeas, Murder
J. Quinn finds that the lower court properly dismissed this fraud lawsuit concerning ownership of a home. The petition was dismissed as a nullity, as it was filed on behalf of the appellant by a person who was not a licensed attorney. The matter is not "adequately briefed" on appeal and is therefore waived. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: January 29, 2024, Case #: 07-23-00250-CV, Categories: Civil Procedure, Fraud
J. Duncan finds the district court improperly confirmed the London arbitration panel's award granting a shipping vessel owner $200 million after chemical tanks loaded at the Port of New Orleans exploded while crossing the Atlantic Ocean. The district court lacks personal jurisdiction over the shipping company that chartered the vessel because the company did not waive its personal jurisdiction defense by entering into a letter of undertaking issued by its insurer to the owner. Also, contact with the forum did not arise from the company's deliberate activities, but from unilateral activities of others. Reversed.
Court: 5th Circuit, Judge: Duncan , Filed On: January 29, 2024, Case #: 22-30808, Categories: Maritime, Negligence, Jurisdiction
J. McBride finds that the lower court properly granted the state's motion to deny defendant bail on charges of aggravated vehicular hijacking. The court is entitled to deference on its finding that there was "extraordinarily strong proof" defendant committed the offense, including fingerprint evidence, and that her violent behavior posed a danger to the community at large. Affirmed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: January 29, 2024, Case #: 232009, Categories: Bail
J. Murphy grants Airbnb’s motion to compel arbitration against a host who listed his apartment for rent on the platform where it was subsequently damaged by a guest who barricaded himself inside the building, changed the locks, and took full control of the unit for months. The terms of service contain a valid arbitration agreement.
Court: USDC Eastern District of Pennsylvania, Judge: Murphy, Filed On: January 29, 2024, Case #: 2:23cv1379, NOS: Other Contract - Contract, Categories: Arbitration, Property, Damages
J. Winmill grants officers' motion for judgment on the pleadings regarding an individual's allegations of excessive force when law enforcement officials executed a search warrant on his home. The individual alleges that officers made him sit in direct sun for three hours when it was 95 degrees to answer questions, which caused him dehydration, sunburn and heat exhaustion, and that they repeatedly touched his testicles during a search of his person, which caused him PTSD. The individual has not stated a cognizable Bivens claim.
Court: USDC Idaho, Judge: Winmill, Filed On: January 29, 2024, Case #: 1:21cv47, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Brailsford grants in part an employer's motion to strike expert testimony regarding an employee's allegations of gender discrimination. The employee alleges that her employer abruptly removed her from a lucrative account because the client refused to work with her because she's a woman. The expert in company management and procedures in the employee's field cannot opine on discrimination
Court: USDC Idaho, Judge: Brailsford, Filed On: January 29, 2024, Case #: 1:21cv31, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
[Consolidated.] J. Wecht finds that the lower court properly confirmed certain modifications to a recovery plan that were proposed by the Act 47 receiver for Chester County, a financially distressed municipality. While the plan may limit some local officials’ authority, the Pennsylvania General Assembly has indicated that such plans are permissible in cases where “local officials are unwilling or unable to accept a solvency plan developed for the benefit of the municipality.” Affirmed.
Court: Pennsylvania Supreme Court, Judge: Wecht, Filed On: January 29, 2024, Case #: J-34A-2023, Categories: Bankruptcy, Civil Procedure, Government
J. Silva denies the casino's motion for summary judgment on an employment discrimination claim filed by the intellectually disabled job applicant after the casino did not hire her. Though the casino had made a conditional offer pursuant to the applicant's completing job training through her advocacy group, the offer was retracted after the applicant exhibited limited communication skills. Though it is undisputed she had difficulty, because her job coach had previously told the casino the applicant could not perform in a particular position, certain facts remain in dispute.
Court: USDC Nevada, Judge: Silva , Filed On: January 29, 2024, Case #: 2:20cv1516, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Health Care, Jury, Employment Discrimination
J. Schiltz partially grants the law enforcement officers' motion for summary judgment in the Los Angeles Times journalists' suit alleging that they were unconstitutionally targeted by police while covering civil unrest following the murder of George Floyd in 2020. Claims stemming from an incident in which a tear gas canister struck one of the journalists' legs are dismissed, since the journalists have not produced evidence that any of the named defendants were responsible for the canister. A failure-to-intervene claim is voluntarily dismissed as to one of the officers, but survives as to the others. Supervisory-liability claims are also dismissed, but all other claims survive.
Court: USDC Minnesota, Judge: Schiltz, Filed On: January 29, 2024, Case #: 0:21cv1282, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment, Police Misconduct
J. Worke reverses the district court's denial of the now-19-year-old's petition for guardianship. The district court cannot deny petitions for guardianship of at-risk juveniles without making sufficient findings to justify its rejection of allegations that the juvenile has been abandoned, abused or neglected. In this case, the district court's conclusion that the juvenile had not established that reunification with one or more parents was not viable was erroneous, since it did not make findings as to whether either of his parents showed consistent interest in his well-being or as to whether his father maintained regular contact with him. Reversed.
Court: Minnesota Court Of Appeals, Judge: Worke, Filed On: January 29, 2024, Case #: A23-0865, Categories: Immigration, Guardianship, Juvenile Law
J. Ross affirms the defendant's criminal sexual conduct conviction. The state presented sufficient evidence to support the venue of the defendant's trial, namely the county from which his victim had recently run away and later returned rather than the intended destination of her flight. The defendant's argument that the child intended to reside outside of her home county is irrelevant and "rests largely on conjecture." A postconviction court also properly rejected the defendant's arguments that the state violated his due-process rights by failing to disclose juvenile-protection orders and that the court did so by refusing to appoint advisory counsel. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Ross, Filed On: January 29, 2024, Case #: A22-0054, Categories: Sex Offender, Jurisdiction
J. Tostrud grants the bus sellers' motion to compel arbitration of the buyer's claims, which stem from the sellers' alleged failure to disclose the sold bus's salvaged status. While the relationship between the sellers, or indeed whether there is any distinction between them, is unclear, they did not substantially invoke litigation machinery and therefore have not waived their right to compel arbitration under the parties' contract.
Court: USDC Minnesota, Judge: Tostrud, Filed On: January 29, 2024, Case #: 0:23cv748, NOS: Other Fraud - Torts - Personal Property, Categories: Warranty, Contract
J. Duffin partially grants the employee's motion to certify class for his lawsuit alleging the waste management company did not pay him and other garbage truck drivers proper overtime by failing to include bonuses in the overtime calculation and did not compensate them for time they spent inspecting their trucks before they clocked in for their shifts. The employee's motion for conditional certification is denied for drivers who inspected their trucks before clocking in and beginning their scheduled trips, but the motion is granted as to all drivers who received a bonus on or after October 3, 2020.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: January 29, 2024, Case #: 2:23cv504, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Ludwig finds in favor of Verizon in its dispute with the city over permits Verizon seeks to build telecommunications equipment to improve its service in the public plaza outside of the Fiserv Forum, home of the NBA's Milwaukee Bucks. Evidence in the record supports the notion that the city's "pretextual" reasons for denying Verizon the disputed permits, including because the city was trying to arrange a deal with a private partner associated with the public plaza that wants its own alternative telecommunications system, violated the federal Telecommunications Act and state law. The city is ordered to issue to Verizon the six permits in question within seven days of this order, in part because Verizon risks irreparable reputational harm if it cannot get its system up and running by the time of the Republican National Convention in the city in July of this year.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: January 29, 2024, Case #: 2:23cv1581, NOS: Other Statutory Actions - Other Suits, Categories: Communications, Government, Injunction
J. Waldick finds defendant's statement to police he would not be handcuffed and his decision to kick one of the police officers in the head even though he told them he would no longer kick after the three fell to the ground was sufficient to prove he acted knowingly and to convict him of the assault and obstruction charges. However, because the verdict form did not mention the aggravating element of the assault offenses - that the victims were peace officers - or cite the degree of the felonies at issue, it did not comply with statutory requirements and defendant's convictions must be vacated and reduced to the lowest form of the offenses. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: January 29, 2024, Case #: 2024-Ohio-296, Categories: Evidence, Assault, Obstruction
Per curiam, the circuit finds that the district court properly denied attorney fees and costs to plaintiff, who substantially prevailed in claims seeking FBI records in which he had been named. The court did not abuse its discretion in applying precedent because public benefit would be negligible since the information was rooted in a private interest. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 29, 2024, Case #: 23-137-cv, Categories: Public Record, Attorney Fees