167 results for 'filedAt:"2024-03-20"'.
J. Stearns denies a former employee’s motion for partial summary judgment against her former employer, who she claims violated wage laws, discriminated against her for being white and retaliated against her after the employer significantly changed her job responsibilities, investigated her based on problematic communications between her and her coworkers, then fired her. It’s unclear if the employer could have known that the employee was under-reporting her hours worked, so the employer was not clearly knowingly failing to pay the employee properly for her overtime hours worked. There is a significant amount of ambiguity on her other claims, preventing summary judgment in favor of either party on those claims.
Court: USDC Massachusetts, Judge: Stearns, Filed On: March 20, 2024, Case #: 1:22cv10436, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Pedersen finds in this interlocutory appeal that the lower court properly denied the appellant's dismissal motion, which he filed pursuant to the Texas Citizens Participation Act. The complaint asserts a claim for defamation against the appellant based on an alleged Facebook post about another attorney. The appellant argues that the statement "involved a matter of public concern because it was about legal services," but his argument is unpersuasive. Accordingly, he failed to show that the claim was based on the exercise of his right to free speech. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: March 20, 2024, Case #: 05-22-01148-CV, Categories: Civil Procedure, Defamation
J. Smith finds that the lower court properly granted summary judgment to the appellees on the appellant's claim for indemnification under a limited partnership agreement and certain articles of incorporation. The appellant, a former executive with the corporate appellees, failed to establish his right to indemnification. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: March 20, 2024, Case #: 05-23-00125-CV, Categories: Business Practices, Indemnification
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J. Rubin grants, in part, the NFL benefit plan and its trustees and commissioner’s motion to dismiss a class of retired NFL players’ lawsuit against the disability and neurocognitive plan, claiming they were wrongly denied benefits. The players allege claims under ERISA for failure to provide notice, denial of right to full and fair review, and breach of fiduciary duty. The trustees and commissioner are dismissed from the failure of notice and denial of right to full and fair review claims. The fiduciary duty claim, as asserted against the benefit plan and its trustees and commissioner, is dismissed because the players did not allege misrepresented the process for obtaining coverage and denied in all other respects.
Court: USDC Maryland, Judge: Rubin, Filed On: March 20, 2024, Case #: 1:23cv358, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty
J. Myers partially grants two cheer leading coaches their motion to dismiss allegations of child abuse and RICO violations brought by a male cheerleader. The cheerleader claims that within the first year of his participation in a private, competitive cheer leading program, beginning when he was 12 years old, a male coach not party to this suit initiated a sexual relationship with him and that the two named coaches were aware and did not intervene. However, because the cheerleader does not accuse the two coaches of violating federal child abuse laws, but only a failure to report the abuse to the program, his claim fails. Likewise, his RICO claim fails because it does not present an injury to a business or property.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: March 20, 2024, Case #: 5:22cv430, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Civil Rights, Tort, Racketeering
J. Thierry finds that the workers' compensation judge properly ruled in favor of the casino employee in her claim over on-the-job shoulder injuries she sustained in separate incidents. The evidence supports the finding that the employer's job offer to the employee upon her return to work was not suitable for her restrictions. Though, the past indemnity benefits award is reduced from $94,640 to $58,240 based on a cap at 104 weeks due to evidence of her retirement from the workforce. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: March 20, 2024, Case #: WCA-23-578, Categories: Damages, Workers' Compensation
J. Kyzar finds that the workers' compensation judge erred as to the amount of average weekly wages (AWW) and compensation rate for the employee in a workers' compensation case. The calculation of the AWW improperly ignored the jurisprudence for overtime wages, so the correct AWW is $544 and compensation rate is $363. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: March 20, 2024, Case #: WCA-23-586, Categories: Employment, Damages, Workers' Compensation
J. Tharp partially grants a health care networking service’s motion to compel the production of documents from a number of pharmacies. The pharmacies allege the health care networking service has an illegal monopoly over e-prescription routing and patient eligibility transmission. The court compels the pharmacies to produce sales records of prescription medications to Michigan patients, but declines the networking service’s request for the pharmacies to produce a privilege log.
Court: USDC Northern District of Illinois, Judge: Tharp, Filed On: March 20, 2024, Case #: 1:19cv6627, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Discovery
J. Tharp grants a pro se litigant’s motion to dismiss and amend his complaint against Aurora, several police officers and members of state and local governments. The litigant, a Black man, believes he was unfairly targeted for a traffic stop by Aurora police and brought suit in parallel to his unsuccessful fight against the traffic citations. The court finds numerous deficiencies with his complaint as it stands, so will allow him to refile it with improvements to several claims. Other claims are so frivolous, the court opines, that they are dismissed outright with prejudice.
Court: USDC Northern District of Illinois, Judge: Tharp, Filed On: March 20, 2024, Case #: 1:20cv2549, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Vehicle
J. McKinnon finds that the trial court properly instructed the jury that it could conclude defendant was in actual physical control of his vehicle while intoxicated for the purposes of a DUI count even if he was unconscious. It was also proper to allow the state to rebut a closing argument in which counsel argued the state was dishonest in deciding not to introduce a photo of defendant asleep across the bench seat of his truck. However, the imposition of a $5,000 fine violated the constitutional proportionality requirement since it did not take into account defendant's ability to pay. Reversed in part.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: March 20, 2024, Case #: DA 21-0413, Categories: Sentencing, Dui, Jury Instructions
J. Chutkan denies, in part, the district and several police officers' motion for judgment on the pleadings in an excessive force case. The officers are not entitled to immunity based, in part, on the individual's claims and body-cam footage depicting force being used on the individual even after he was subdued.
Court: USDC District of Columbia, Judge: Chutkan, Filed On: March 20, 2024, Case #: 1:22cv3764, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Friedman approves a $125 million settlement of class claims against the government for PACER fees it unlawfully used to fund non-PACER services. The settlement, which reimburses small-scale users for all fees and substantially reimburses large-scale users, is fair, reasonable and adequate.
Court: USDC District of Columbia, Judge: Friedman, Filed On: March 20, 2024, Case #: 1:16cv745, NOS: Other Statutory Actions - Other Suits, Categories: Settlements, Tort, Class Action
J. Drozd refuses to compel arbitration or dismiss a worker’s putative class wage and hour claims against an equipment company. The worker did not directly sign the arbitration agreement or the handbook within which it was located, the arbitration clause was not prominently distinguished from the other 69 sections of the handbook, and the handbook said it was neither a contract nor a legal document.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: March 20, 2024, Case #: 1:23cv979, NOS: Employment - Civil Rights, Categories: Arbitration, Contract, Labor
Per curiam, the Michigan Supreme Court finds that a landowner was not liable for the death of a 12-year-old girl who had been riding an off-road vehicle on his property because the mother's owner liability claim was precluded by the Michigan Recreational Land Use Act, and the record did not support a finding that the landowner was grossly negligent with regard to the death. Affirmed.
Court: Michigan Supreme Court, Judge: Per curiam, Filed On: March 20, 2024, Case #: 164190, Categories: Negligence, Premises Liability
J. Alston grants the creditors' motions to dismiss. The homeowners claim the creditors fabricated evidence, notices, and other documents when initiating foreclosure on their home. The homeowner argues that the underlying debt was discharged in their 2008 Chapter 7 bankruptcy proceeding and that the bankruptcy discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action to collect on the debt. The homeowners do not allege facts sufficient to demonstrate that the creditors fall under the Fair Debt Collection Practices Act's definition of a debt collector.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: March 20, 2024, Case #: 1:23cv736, NOS: Other Contract - Contract, Categories: Bankruptcy, Consumer Law, Banking / Lending
J. Neubauer finds the circuit court properly reversed the tax appeals commission's conclusion that the cheese manufacturer's equipment, machinery and tools were exempt from taxation. The equipment, machinery and tools in question were correctly found to be "manufacturing property" as outlined in Wisconsin statutes properly determined to be ambiguous and, considering the statutes in conjunction with the relevant legislative history, the equipment, machinery and tools must be assessed for taxation. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Neubauer, Filed On: March 20, 2024, Case #: 2022AP001909, Categories: Tax, Agency
J. Gordo finds the trial court properly denied the citizen's petition for a writ of mandamus ordering the law enforcement officials to investigate crimes he alleges were committed against him, as the citizen has no established legal right to compel officers to conduct such an investigation and the trial court lacks authority to interfere with law enforcement business in such a way. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: March 20, 2024, Case #: 22-2079, Categories: Civil Procedure
J. Berton allows an electronic company to conduct limited venue discovery in a patent dispute before ruling on a motion from a competitor it sued to either dismiss this case or transfer it to the District of Delaware. Venue is a “threshold issue” here, because if this case is ultimately transferred, the arguments for dismissal would be best considered by the other court.
Court: USDC Western District of Texas , Judge: Berton, Filed On: March 20, 2024, Case #: 6:23cv726, NOS: Patent - Property Rights, Categories: Patent, Venue, Discovery
J. Lobree finds the trial court improperly concluded that the property owner was entitled to a disbursement of surplus funds from the sale of the painting company's property at a tax deed auction to satisfy federal tax liens against the company. Under the relevant Florida statutes, the owner was not entitled to receive the surplus funds, in part because the record shows the IRS never granted its interest in the property or a federal tax lien to the owner. Reversed.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: March 20, 2024, Case #: 23-0411, Categories: Property, Tax
J. Scales finds the trial court improperly denied the boat manufacturer's motion to intervene in its competitor's lawsuit alleging breaches of a former employee's non-confidentiality agreement once he was hired by the manufacturer. The manufacturer should have been allowed to intervene in the injunction proceeding on due process grounds, in part because it had an interest in the litigation because the employee was enjoined from working for it. Reversed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: March 20, 2024, Case #: 23-0882, Categories: Contract, Injunction
Per curiam, the court of appeal grants the agency's petition for review of the Administrative Law Judge's ruling in this dispute over the alleged overpayment of Medicaid payments. The ALJ is to make specific findings of fact on each incident of overpayment that was identified in the final audit.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: March 20, 2024, Case #: 1D2023-0020, Categories: Medicaid, Agency