110 results for 'filedAt:"2024-04-22"'.
J. Calabretta denies, in part, a county’s motion to dismiss an individual’s false arrest and related claims in connection with his sale of baby chicks in a parking lot. He has sufficiently alleged claims for unlawful seizure via false arrest, excessive force, and unreasonable search and seizure, among others.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: April 22, 2024, Case #: 2:21cv1139, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Welch finds that the lower court properly held that a union unfairly charged a member for legal representation in a labor dispute because the fee policy deprived the member of access to the administrative grievance process. Affirmed.
Court: Michigan Supreme Court, Judge: Welch, Filed On: April 22, 2024, Case #: 162601, Categories: Labor / Unions
J. Forrest finds that the district court improperly dismissed a hostile-work-environment claim brought by a NASA scientist but affirmed the district court’s summary judgment in favor of NASA on his disability-discrimination claim, and remanded for further proceedings. The employee has physical disabilities related to his hips and spine that he alleged required him to purchase premium-class airlines tickets for flights over an hour long. He sued NASA under the Rehabilitation Act of 1973, alleging that he suffered a hostile work environment after informing his supervisors of his disabilities and requesting upgraded airline tickets for work travel, and alleging he was discriminated against due to his disability by being passed over for a promotion. Affirmed in part.
Court: 9th Circuit, Judge: Forrest, Filed On: April 22, 2024, Case #: 22-15889, Categories: Employment, Employment Discrimination
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J. Sumners finds that the trial court properly dismissed legal malpractice claims brought by the borough of Englewood Cliffs stemming from an affordable housing lawsuit and properly imposed sanctions on the borough. The borough was not immune from sanctions for bringing a lawsuit that had been deemed frivolous, and the borough refused to settle the underlying litigation. Meanwhile, the borough failed to lay a foundation for civil conspiracy claims. Affirmed.
Court: New Jersey Appellate Division, Judge: Sumners , Filed On: April 22, 2024, Case #: A-2765-21, Categories: Sanctions, Legal Malpractice
J. Wainer Apter finds that the appellate division properly upheld a protective order entered against defendant based on accusations that he had non-consensual sexual contact with an intoxicated woman. The trial court and appellate division both held that the "possibility of future risk" included "something emotionally unwelcome" and found the victim's testimony credible, while defendant's testimony was found not credible. Affirmed.
Court: New Jersey Supreme Court, Judge: Wainer Apter , Filed On: April 22, 2024, Case #: A-47-22, Categories: Restraining Order, Assault
J. Hutchinson finds that the lower court properly ordered defendant detained prior to trial on charges of aggravated DUI as a danger to the community. Defendant is responsible for the death of a mother and infant in a car accident, and never turned himself in on the warrant for his arrest until he was arrested on unrelated drug charges. Affirmed.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: April 22, 2024, Case #: 230489, Categories: Bail, Dui
J. Rice dismisses UPS's affirmative statute of limitations defense against the package car cover driver's complaint alleging that UPS's superiors assigned him to less desirable routes, overloaded him with work and tried to uncover unfavorable information about the driver because of his race. The statute of limitations for Washington Law Against Discrimination and related state law tort claims is three years, and the driver filed this lawsuit in October 2022 so his claims can only go as far back as October 2019, but the acts that happened before October 2018 involved the same people named in the driver's lawsuit. As such, the driver can introduce evidence of acts that happened before Oct. 18, 2018, to support his hostile work environment claim.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: April 22, 2024, Case #: 1:22cv3149, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Kennelly partially grants a rideshare company’s motion to compel arbitration against several of its drivers. The drivers wish to forward a class action against the company. They claim it wrongly classifies them as independent contractors rather than employees so as to avoid paying them higher wages and overtime, compensating business expenses and providing employee benefits. The court finds arbitration is appropriate for three of the plaintiff drivers but not for a fourth. The court also grants conditional class certification for “all drivers who have worked for Uber in Illinois during the last three years.”
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 22, 2024, Case #: 1:23cv17182, NOS: Labor/Management Relations - Labor, Categories: Arbitration, Class Action, Labor / Unions
J. Mann finds that the lower court improperly found in favor of a university after a former employee says she was fired and passed up for a promotion because of her gender. There is testimony on the record that there was an environment of gender stereotypes and favoritism towards her male colleagues, as well as the fact that two positions opened up after she was fired that were both filled by men, that give rise to a genuine issue of fact as to whether she was treated differently because of her gender. Reversed.
Court: Washington Court Of Appeals, Judge: Mann, Filed On: April 22, 2024, Case #: 84592-6-I, Categories: Employment, Employment Discrimination
J. Eifert denies the class of former care children’s motion for sanctions against the West Virginia Department of Health Services for failing to timely produce individual case files in the class’s pending civil rights suit accusing the state of “systemic deficiencies” in how it operates the foster care system, finding that while the department “made mistakes in preserving and producing information,” it was not done in bad faith or out of disrespect for any court order.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: April 22, 2024, Case #: 3:19cv70, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions, Discovery
J. Boasberg denies the union's former national secretary-treasurer's motions for a new trial and attorney fees in his suit against the union alleging that he was improperly disciplined for sending a campaign email to members in his run for the union's presidency. The jury's verdict, which found the union liable for the secretary-treasurer's first removal from office but not his second and awarded him no damages, does not represent an impermissible compromise since there is no inherent conflict between the liability finding and the decision not to award damages. The court also did not err in issuing an instruction requiring that he prove by a preponderance of the evidence that the union removed him from his position because of protected speech, and the court's decision not to issue a nominal-damages instruction did not preclude a finding of nominal damages. That issue was also not preserved. Evidence of reputational harm was not improperly excluded, or indeed excluded at all. Finally, attorney fees are not appropriate because, whether or not he could be counted as "successful" in this suit, members of the union were not benefited by that victory and the secretary-treasurer has repeatedly engaged in vexatious litigation behavior.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: April 22, 2024, Case #: 1:17cv1867, NOS: Labor/Management Relations - Labor, Categories: Employment, Labor / Unions
J. Reyes reverses the administrative law judge's finding that the employee waived any right to continuation of health insurance coverage by signing a separation agreement. Administrative law judges do not have authority to decide whether individuals have contractually waived such claims under the relevant Minnesota statute. Reversed.
Court: Minnesota Court Of Appeals, Judge: Reyes, Filed On: April 22, 2024, Case #: A23-1024, Categories: Civil Procedure, Employment, Health Care
J. Caproni grants the investment company's motion to dismiss breach of contract claims brought by a former U.S. Senator who claims he was never compensated for serving on its subsidiary's Board of Directors. According to the ex-Senator, he is entitled to a quarterly retainer of $20,000. However, there is no evidence to support the claim that the subsidiary and parent company operate as a single economic entity in order to pierce the corporate veil.
Court: USDC Southern District of New York, Judge: Caproni, Filed On: April 22, 2024, Case #: 1:23cv9176, NOS: Other Contract - Contract, Categories: Corporations, Contract
J. Greer grants the government defendants’ motion for summary judgment in this lawsuit concerning a firearms dealer’s compliance with the “record-keeping requirements under the Gun Control Act” and its decision to revoke his license. The record indicates that the dealer was aware of his legal obligations but continued to violate regulations. As to violations involving Form 4473, for example, the court notes that the frequency of violations increased after the initial compliance inspection. Accordingly, the federal defendants are entitled to judgment, and the dealer’s license is revoked.
Court: USDC Eastern District of Tennessee , Judge: Greer, Filed On: April 22, 2024, Case #: 1:23cv51, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Licensing, Agency, Firearms
J. Kafker upholds a city board’s decision to uphold a tax assessment of a media company using city signs for its advertisements, which it pays the city to do. The signs are not exempt from taxation because they constitute a for-profit use of the Massachusetts Bay Transit Authority’s property in connection with a business. Affirmed.
Court: Massachusetts Supreme Court, Judge: Kafker, Filed On: April 22, 2024, Case #: SJC-13489, Categories: Municipal Law, Tax, Business Practices
Per curiam, the Massachusetts Court of Appeals vacates portions of judgments against a woman suing her dentist for allegedly sexually harassing her — such as by telling her she had the option of working as a prostitute when she expressed that she had limited options regarding her teeth — and for assault, battery, and intentional infliction of emotional distress. The woman’s complaint did not fail to allege that any of the dentist’s conduct was economically motivated, because she included that her dentist snapped off one of her teeth, told her she should proceed with an $8,500 implant and lied about her money and insurance information to get her to proceed with treatment with his office. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Per curiam, Filed On: April 22, 2024, Case #: 23-P-0319, Categories: Health Care, Medical Malpractice, Assault
J. Mitchell grants a former library director's motion to leave to file a second amended complaint concerning her termination for suggesting a plan to create a rainbow style display, which some "interpreted as supporting gay rights." The former director sufficiently showed in court that she is entitled to pursue claims related to her library wages and retirement benefits.
Court: USDC Kansas, Judge: Mitchell, Filed On: April 22, 2024, Case #: 2:23cv2401, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment
J. Kelley allows in part the motion to access a third party’s mental health records and criminal offender record information of a man granted a new trial after serving approximately 30 years in prison for allegedly raping a 78-year-old woman. The third party is a woman with substance abuse disorder who had a tumultuous intimate relationship with the man, and she had provided testimony that the man confessed of the rape to her. Some of the documents sought are protected by the Public Health Service Act but her “non-communicative mental health records pertaining to her
diagnoses and treatment—are not privileged.”
Court: USDC Massachusetts, Judge: Kelley, Filed On: April 22, 2024, Case #: 1:18cv10147, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Due Process, Discovery
J. Delaney finds that the trial court properly denied defendant's petition for resentencing on a manslaughter conviction. Statutory changes that ended imputed malice theories of murder came after he pleaded guilty, and his plea served as an admission that he directly aided and abetted murder, a still valid theory. Affirmed.
Court: California Courts Of Appeal, Judge: Delaney, Filed On: April 22, 2024, Case #: G062075, Categories: Sentencing, Plea, Manslaughter
J. Palafox denies habeas relief to defendant, who argued that his Eighth Amendment rights were violated when he was arrested and charged for murder as an adult despite being only 17 at the time. Pretrial habeas relief is not available unless the asserted rights would be “undermined if not vindicated before trial,” which is not the case here. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 22, 2024, Case #: 08-23-00159-CR, Categories: Constitution, Juvenile Law, Civil Rights
J. Gayles grants the commodity futures trading commission default judgment against defendants in claims alleging foreign currency fraud because defendants failed to answer, appear, or respond to the allegations.
Court: USDC Southern District of Florida, Judge: Gayles, Filed On: April 22, 2024, Case #: 1:22cv20291, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Fraud, Trade