41 results for 'judge:"Anderson"'.
J. Anderson finds in favor of Los Angeles County for the firefighter trainee’s claim that he should have been compensated for the actual time he spent in his hotel room while he participated in an 81-day training program in which trainees were housed at the County’s expense at a hotel to minimize the risk of the trainees contracting Covid-19. The trainee was free to spend his time in his hotel room on “personal pursuits,” which he did, as he admits he spent most his time in his room sleeping or playing video games. Such time is not compensable.
Court: USDC Central District of California, Judge: Anderson, Filed On: July 6, 2023, Case #: 2:21cv6059, NOS: Fair Labor Standards Act - Labor, Categories: Covid-19, Class Action, Labor
J. Anderson reverses the Court of Appeals' reversal of the district court's ruling that a will's devise to the heirs of the decedent's ex-wife failed as a matter of law. The language of such a will cannot be read in a vacuum, and the circumstances in which the will was executed suggest that the portion of the estate given to the wife's "heirs-at-law" would have ceased to exist after the marriage's dissolution.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: July 5, 2023, Case #: A21-1420, Categories: Family Law, Wills / Probate
J. Anderson adopts the recommendation of the magistrate judge and dismisses this case as a sanction, based on the plaintiff company's failure to provide initial disclosures. The company has provided "no valid justification" for failing to comply with "a clear court order." The dismissal will be without prejudice, however.
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: June 27, 2023, Case #: 1:22cv1115, NOS: Insurance - Contract, Categories: Civil Procedure, Sanctions, Discovery
J. Anderson finds that the district court improperly determined the appropriate remedy for the constitutional violation alleged in a bankruptcy action brought by the debtors claiming that they are entitled to a refund of the increased portion of trustee fees that they were required to pay throughout 2018 and after until Congress equalized the fees in the Bankruptcy Administration Improvement Act of 2020. The proper remedy is for the debtors to receive refunds. Vacated.
Court: 11th Circuit, Judge: Anderson, Filed On: June 23, 2023, Case #: 20-12547, Categories: Bankruptcy
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J. Anderson promulgates amendments to the Minnesota Rules of Civil Procedure to allow service on judges, justices and court staff at their offices, to clarify notice requirements in a rule regarding infants and incompetent persons, and correcting a cross reference in a section regarding depositions.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: June 14, 2023, Case #: ADM04-8001, Categories: Civil Procedure
J. Anderson grants the employer defendants' second dismissal motion in this lawsuit alleging that an employee's rights were violated by requiring her to be vaccinated with the Covid-19 vaccine "or else go on unpaid leave without the assurance of ever reclaiming her job." The employee further alleges that she was terminated from her employment, but the court dismisses her remaining state law claims, under the Tennessee Human Rights Act, the Tennessee Disability Act and Title 14. Under the THRA, there is not a duty "to accommodate an employee's religious beliefs."
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: June 8, 2023, Case #: 1:21cv1161, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment
J. Anderson denies the defendant company's dismissal motion in this negligence lawsuit involving the construction of an industrial building. Contrary to the defendant company's argument, the economic loss doctrine does not bar the claims. Also, the "as is" language in the purchase agreement does not preclude a negligence claim.
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: June 1, 2023, Case #: 1:22cv1015, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Negligence, Contract
J. Anderson denies the defendant college's motion to dismiss this Title VII discrimination lawsuit for lack of subject matter jurisdiction. In its reply, the college challenges the complaint as to "the exhaustion of Plaintiff's discrimination claims before the EEOC." However, this is not a jurisdictional argument. Also, the court will allow the individual plaintiff an extension of time for service.
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: May 26, 2023, Case #: 1:22cv2537, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Anderson denies the employer defendants' motion to dismiss in part. The employers seek to dismiss the plaintiff plant worker's claim that she was "terminated or constructively discharged" in violation of a state law regarding Covid-19 vaccinations, arguing that the state law is preempted by federal law. However, the employers have failed to "overcome the presumption against preemption."
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: May 25, 2023, Case #: 1:22cv1123, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Preemption
J. Anderson affirms the district court's finding that language in a proposed charter amendment that has been deemed unconstitutional is not severable from the rest of the amendment. The purpose of the amendment, which would have overhauled the city's municipal elections, is fundamentally tied to the unconstitutional language, which would have blocked the use of ranked-choice voting unless previously approved by voters in a manner preempted by state statute. Affirmed.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: May 24, 2023, Case #: A22-1190, Categories: Constitution, Elections, Municipal Law