121 results for 'filedAt:"2024-04-12"'.
Per curiam, the circuit dismisses an interlocutory appeal in claims brought against a police officer after plaintiff's arm was broken as he resisted being handcuffed following a domestic incident. The officer seeks dismissal based on qualified immunity, which had been granted to others who assisted in the arrest, but the district court held that issues remained unresolved as to whether the officer used excessive force.
Court: 2nd Circuit, Judge: Per curiam, Filed On: April 12, 2024, Case #: 23-901-cv, Categories: Civil Rights, Immunity
J. Treadwell partially grants the defense contractor's motion for summary judgment on the relator's claims alleging that the contractor violated the False Claims Act by falsifying compliance with contractual training requirements while providing security services in Afghanistan. The relator's claim based on the contractor's failure to comply with pre-deployment training requirements is dismissed. However, the claim based on annual refresher training may move forward. The relator presented evidence showing that people responsible for administering that training were aware of a scheme to forge signatures on training sign-in sheets and make it look like training was occurring when it was not. A genuine issue of fact exists as to whether the contractor submitted false claims for payment based on its failure to comply with the refresher training requirements.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: April 12, 2024, Case #: 5:20cv128, NOS: False Claims Act - Torts - Personal Injury, Categories: False Claims
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Vice Chancellor Will grants an employee summary judgment in claims seeking to invalidate his removal as manager of several LLCs because certain term sheet payments were not made to him before removal, and he cannot be removed as manager while he remains an employee.
Court: Delaware Chancery Court, Judge: Will, Filed On: April 12, 2024, Case #: 2023-0948-LWW, Categories: Employment, Contract
J. Witt finds the lower court properly convicted defendant of delivering and selling .5 grams or more of methamphetamine for selling to a confidential informant in a controlled buy conducted by the Lincoln County Sheriff’s Department. The lower court considered defendant’s criminal history, and applied applicable enhancements, as she was classified as a Range III persistent offender. Evidence is sufficient to support her conviction and sentence of 25 years incarcerated. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: April 12, 2024, Case #: M2023-00225-CCA-R3-CD, Categories: Drug Offender, Evidence, Sentencing
J. Calabretta grants, in part, R.R. Donnelly and Sons’ motion for contempt against a former employee who deleted certain files and failed to produce his Dropbox account in violation of a preliminary injunction. The worker violation of the order was not done in good faith or through a reasonable understanding of the order.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: April 12, 2024, Case #: 2:21cv753, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Contempt, Sanctions, Injunction
J. Stadtmueller finds the lower court properly entered default judgment against a wholesaler, as evidence is sufficient to show it was served notice and did not defend this patent and trademark infringement action. The tool designers are entitled to statutory damages, attorney fees and costs, and equitable relief as they have established the wholesaler is liable for patent infringement, trademark infringement, false designation of origin, and trade dress infringement relating to a roof climbing tool, but the instant court dismisses the tool designers’ claim of unfair competition. Affirmed in part.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: April 12, 2024, Case #: 2:23cv1526, NOS: Patent - Property Rights, Categories: Patent, Trademark, Damages
J. Kennelly partially grants Chicago’s motion for summary judgment on multiple employment discrimination claims from Black former employees of the Chicago Department of Water Management. The employees claims they faced racial discrimination, a hostile work environment, skipped promotions and missed overtime pay. The court finds for the city regarding the employees’ claims of discrimination involving missed promotions, overtime pay and poor shift assignments; it also dismisses three employees’ hostile work environment and discriminatory discipline claims. The remaining claims will proceed to trial.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 12, 2024, Case #: 1:17cv4858, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Castillo finds that the trial court properly denied mandamus relief to a local water agency that challenged another local water agency's claim to be the regional groundwater sustainability agency (GSA) under the water code. The challenger failed to show that its powers were impaired by the legislature's express designation of the other agency as the local GSA. By becoming the GSA, the other agency did not violate the code by forming a public corporation within the challenger's jurisdiction. And the other agency complied with all the notice requirements of the water code in announcing its intent to become a GSA. Affirmed.
Court: California Courts Of Appeal, Judge: Castillo, Filed On: April 12, 2024, Case #: D081984, Categories: Water
J. Waterman finds that a state employee was improperly awarded damages in hostile work environment claims because discrimination experienced by others and reported to the employee in her supervisory position had been insufficient to prove her own claim, and the harassment she personally experienced was not sufficiently severe to alter the terms or conditions of her employment. Reversed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: April 12, 2024, Case #: 21-1898, Categories: Employment Discrimination
J. Scudder finds that the lower court properly denied defendant's ineffective assistance of counsel claim in connection with his unsuccessful motion to suppress evidence of possession of child pornography. It was reasonable for defendant's attorney not to pursue a claim that the agent signing the search warrant acted in bad faith by omitting the state court's suppression ruling from his federal search warrant affidavit because it would have faced a high bar to prove materiality to the charges. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: April 12, 2024, Case #: 22-1179, Categories: Ineffective Assistance, Search, Child Pornography
J. Humetewa partly grants a class of consumers' motion for final approval of a class action settlement for Fair Credit Reporting Act claims against a credit reporting agency. The class sufficiently showed in court that it is entitled to monetary recovery, but not an adjustment for a higher settlement for each class member, after prevailing on claims that the credit reporting agency "resold patently false consumer reports" that indicated that they were deceased.
Court: USDC Arizona, Judge: Humetewa, Filed On: April 12, 2024, Case #: 2:21cv2082, NOS: Consumer Credit - Other Suits, Categories: Settlements, Consumer Law, Class Action
J. Fridy finds that the lower court improperly granted the employers' motion for summary judgment in this breach of contract lawsuit brought by a nurse practitioner whose employment was allegedly terminated before her contract had expired. There are issues of fact precluding summary judgment on the nurse practitioner's contract claim, specifically as to whether or not she was entitled to 60 days' written notice of her termination. The order was appropriate, however, as to her conversion claim. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: April 12, 2024, Case #: CL-2023-0666, Categories: Employment, Conversion, Contract
J. Kafker affirms defendant’s murder conviction after he shot a man four times, killing him, after they argued at a barbershop. Although the warrant to search defendant’s apartment was not signed by a judge, the judge did sign the search warrant affidavit and submitted a sworn affidavit that indicated she planned to sign the warrant, so the lack of signature on the warrant itself was a clerical error, and not one that would make the warrant invalid. Affirmed.
Court: Massachusetts Supreme Court, Judge: Kafker, Filed On: April 12, 2024, Case #: SJC-09903, Categories: Firearms, Murder, Search
J. Talwani denies a real estate services company’s motion to transfer a class action brought against it by former employees to the Eastern District of Michigan, or to dismiss the claims of any members of the class not from Michigan. The forum selection clause of the company’s severance agreement only applies to claims related to the severance agreement, not to state laws regarding proper overtime pay.
Court: USDC Massachusetts, Judge: Talwani, Filed On: April 12, 2024, Case #: 1:23cv11639, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Workers' Compensation, Labor
J. Reiber finds that the environmental court improperly denied the town’s request for reconsideration in this interlocutory appeal. The town argues the tolling provisions do not apply in municipal panel appeals and the request was not filed with the court making it not formal. The appeals court is unpersuaded tolling under judicial economy is required. Accordingly, the claims are remanded for lack of jurisdiction and the environmental court was untimely. Reversed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: April 12, 2024, Case #: 23-AP-247, Categories: Environment, Government, Jurisdiction
J. Nye grants a company's motion to quash portions of a subpoena during the discovery process of a contract dispute. An attorney has been acting as an agent for the company, sharing litigation strategy, so although the attorney does not represent the company, his communications qualify for work-product protection. As a witness-attorney, the attorney is forbidden "from acting as an advocate at trial, but not in pre-trial activities."
Court: USDC Idaho, Judge: Nye, Filed On: April 12, 2024, Case #: 2:22cv399, NOS: Other Contract - Contract, Categories: Contract
J. Childs upholds defendant's non-guidelines 52-month sentence for his guilty plea to assault on a federal officer with a dangerous weapon during the January 6 riot at the capitol. The record supports the trial court's enhancements for planning and use of a dangerous weapon. Affirmed.
Court: DC Circuit, Judge: Childs, Filed On: April 12, 2024, Case #: 22-3084 , Categories: Sentencing, Assault
J. Makar finds the trial court improperly denied defendant's motion to suppress in a case in which defendant is charged with first-degree murder. The sheriff's deputies in defendant's case exceeded what is constitutionally permissible for a warrantless "knock and talk" visit when, after their two knocks on defendant's door went unanswered, they used a flashlight to look through opaque black vinyl wrapping on defendant's front porch screens. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Makar, Filed On: April 12, 2024, Case #: 22-2108, Categories: Constitution, Murder, Search
J. Eisnaugle finds the trial court properly granted summary judgment to Walmart in a lawsuit it faces from a consumer who was injured when shoplifters struck him with their car while fleeing store employees who were trying to take pictures of their license plate. The employees' actions after the shoplifters fled, including chasing after them and calling for police, did not negligently escalate the situation and create a "zone of risk," and Walmart's internal policies and procedures are not important to the legal analysis at play. Walmart had no legal duty to protect the consumer from fleeing shoplifters. Affirmed.
Court: Florida Courts Of Appeal, Judge: Eisnaugle, Filed On: April 12, 2024, Case #: 23-0201, Categories: Negligence, Premises Liability