203 results for 'filedAt:"2024-02-07"'.
J. Greer finds that the lower court properly upheld the Iowa Public Employment Relations Board's ruling that there was just cause to fire the driver's license clerk. The clerk was recorded on video taking money from the till while working and pocketing it for her own personal use. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: February 7, 2024, Case #: 22-2049, Categories: Employment, Employment Discrimination
J. Russell grants the Federal Emergency Management Agency’s motion to dismiss this employment dispute brought by a former logistics management specialist alleging discrimination, failure to hire and unlawful termination due to her race, sex and autism disability. The specialist’s claims are untimely and unexhausted making dismissal appropriate. Therefore, she cannot exhaust administrative remedies her motion to amend pleading is denied.
Court: USDC Maryland, Judge: Russell, Filed On: February 7, 2024, Case #: 1:22cv2355, NOS: Employment - Civil Rights, Categories: Civil Procedure, Civil Rights, Employment Discrimination
J. Martin declines to find for either party in personal injury claims involving a plot to physically attack plaintiff, here substituted by his estate, because much of the evidence was hearsay, and judgment favoring either party is not appropriate at this time.
Court: USDC Northern District of Indiana, Judge: Martin, Filed On: February 7, 2024, Case #: 1:17cv223, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Emotional Distress
J. Cole denies the city's motion to dismiss, ruling the position of the fire chief is a public employment position for which the employee can only be fired for cause, which creates a property interest protected by due process and allows the former chief to bring his due process claims. Furthermore, because the termination letter published by the city was written as a formal way to inform the public of its decision, statements about the chief's workplace culture and possible misconduct are "falsifiable statements of fact" that allow the chief's defamation claim to proceed.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: February 7, 2024, Case #: 1:23cv230, NOS: Employment - Civil Rights, Categories: Employment, Defamation, Due Process
J. Azrack finds a stipulation agreement, which allowed a medical student who suffers from ADHD to remain enrolled at Stonybrook University beyond the school’s required seven-year graduation policy to complete his medical education, lacks judicial imprimatur and subsequently denies his request for attorney fees and costs.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: February 7, 2024, Case #: 2:22cv4490, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Education, Attorney Fees
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J. Bower finds that defendant was properly sentenced to incarceration for possession of a firearm as a felon based on his guilty plea because he had a criminal history and had absconded from probation in another case. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: February 7, 2024, Case #: 23-0327, Categories: Firearms, Sentencing
J. Rodriguez dismisses counterclaims contending a school district failed to provide tutoring, therapy, or other compensatory education for a disabled student because the counterclaims were filed outside the 90-day window, and the claims are duplicative of a previous action.
Court: USDC New Jersey, Judge: Rodriguez , Filed On: February 7, 2024, Case #: 1:22cv6568, NOS: Education - Civil Rights, Categories: Civil Procedure, Education
J. Marks grants, in part, Hyundai’s motion for summary judgment in this ADA employment dispute brought by a former employee. The employee alleges Hyundai failed to accommodate after she disclosed, she had shoulder, back, neurological issues and her doctor advised her to not step on or off of a moving platform in the manufacturing facility. The overhead restrictions cannot be sustained for ADA because it falls short of the four process requirements, and her back and neurological issues accommodations note had expired. Therefore, the failure to accommodate and wrongful termination due to an actual disability is dismissed. Her motion to exclude an affidavit testimony is denied as moot. Hyundai’s motion to strike the EEOC position statement is denied. The claims of wrongful termination based on a perceived disability will proceed for the jury to determine.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: February 7, 2024, Case #: 2:22cv530, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Experts
J. Fallon, following a one-day trial of negligent damage claims by a shipyard against a family-owned marine facility located approximately 1,000 yards upstream, finds the litigant-facility is 65 percent responsible for damage to its own dock and two of its ships and the family-owned shipyard is 35 percent responsible for a breakaway vessel striking other maritime property during Hurricane Ida in 2021. The shipyard bears the most fault due to the number of deficiencies and the nature of flaws in its mooring arrangement of two vessels.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: February 7, 2024, Case #: 2:22cv154, NOS: Marine - Contract, Categories: Evidence, Maritime, Damages
J. Langholz finds that a child was properly placed in the father's physical care in a custody modification because the mother often withheld visitation and made multiple unfounded accusations of child abuse against the father. Affirmed.
Court: Iowa Court Of Appeals, Judge: Langholz, Filed On: February 7, 2024, Case #: 23-0593, Categories: Family Law
J. Miskel finds that the lower court improperly entered a lifetime, confidential protective order against the appellant because the evidence is not sufficient to support the order. The attention that the applicant received, which allegedly included flowers and cards left at her parents' home, made her feel harassed and annoyed, but all of the elements for stalking were not satisfied. Reversed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: February 7, 2024, Case #: 05-22-00713-CV, Categories: Evidence, Restraining Order
J. Schlegel vacates defendant's sentences for possession of methamphetamine weighing less than two grams and possession of fentanyl weighing less than two grams. While the commitment indicates that defendant’s sentences were to be served at hard labor, the trial court did not state on the record at sentencing whether the sentences were to be served with or without hard labor. Therefore, the sentences are indeterminate. Vacated.
Court: Louisiana Court Of Appeal, Judge: Schlegel , Filed On: February 7, 2024, Case #: 23-KA-344, Categories: Drug Offender, Sentencing
J. Reidinger partially denies an American email authentication software firm's motion to compel documents and responses during an protracted discovery process with its European affiliate. The firm claims the European affiliate is trying to separate its business operations from that of the American firm. Presently, the affiliate claims the American firm is not providing sufficient evidence in discovery, however the affiliate’s latest requests are unreasonable questions, e.g. asking in what city a contract was signed, and it is not necessary for the firm to provide all this information.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 7, 2024, Case #: 1:21cv67, NOS: Copyrights - Property Rights, Categories: Copyright, Discovery, Contract
J. Jensen finds that the circuit court improperly granted a former land owner's motion for summary judgment in a quiet title action. The owner moved for summary judgment, arguing that it had not been validly served with the notice of intent to take tax deed, rendering the tax deed void. Notice had been properly served. Reversed.
Court: South Dakota Supreme Court, Judge: Jensen , Filed On: February 7, 2024, Case #: 2024SD7, Categories: Property
J. DeGiusti denies the plaintiff insurance company's motion for summary judgment and partially grants summary judgment to the defendant company in this declaratory judgment action concerning coverage for a motor vehicle accident. The plaintiff company fails to show that the defendant "has a duty to defend or indemnify" one of the commercial transportation companies in the underlying litigation based on the vehicle being a "covered auto."
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: February 7, 2024, Case #: 5:22cv626, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Contract
J. Bell denies a group of police officers’ motion to dismiss claims of excessive force and constitutional violations brought by a bar customer who allegedly failed to pay a tab under $300. The officers arrested the customer, then allegedly dragged him out of a holding cell to a room without cameras and assaulted him, strapping him to a chair for two hours without seeking medical attention for his bleeding head wound. While the officers claim qualified immunity, the customer has sufficiently evidenced that they violated his constitutional rights, which were clearly established at the time of the assault.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 7, 2024, Case #: 5:22cv52, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Assault, Police Misconduct
J. Chicchelly finds that the state was properly denied partial summary judgment after a police officer shot herself during training because a form she signed prior to training did not demonstrate her intent to release the state from liability in the event of injury. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: February 7, 2024, Case #: 22-1419, Categories: Employment, Negligence
J. Russell grants, in part, a mortgage company’s motion to dismiss this RESPA case regarding a class of homeowners’ escrow accounts. The homeowners allege and shows the mortgage company failed to pay property taxes from the escrow accounts. The homeowners failed to show any damages as the mortgage company failing to respond to QWR letters. Therefore, the motion to dismiss the QWR letters is dismissed.
Court: USDC Maryland, Judge: Russell, Filed On: February 7, 2024, Case #: 1:22cv2933, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Real Estate, Banking / Lending
J. Doyle finds that defendant was properly denied relief from his 2011 sexual abuse conviction because defendant had not been experiencing side effects from prescribed medications that would have rendered his guilty pleas involuntary. Affirmed.
Court: Iowa Court Of Appeals, Judge: Doyle, Filed On: February 7, 2024, Case #: 22-1354, Categories: Sex Offender, Plea
J. Jensen finds that the circuit court properly granted medical providers' motions which sought a declaratory judgment establishing their right to participate as panel providers in each of the health benefit plans offered by a health plan. Affirmed.
Court: South Dakota Supreme Court, Judge: Jensen , Filed On: February 7, 2024, Case #: 2024SD9, Categories: Health Care
J. Fields upholds the trial court finding that a city has the authority to require that an ambulance service obtain a permit or a franchise from the city before operating there. The city met the conditions of the grandfathering provisions of the EMS Act that allow it to continue regulating ambulance services by showing that it regulated them prior to June 1980. Affirmed.
Court: California Courts Of Appeal, Judge: Fields, Filed On: February 7, 2024, Case #: E078113, Categories: Licensing, Municipal Law