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
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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
J. Dillard finds that the trial court properly entered an order of nolle prosequi on defendant's charge for influencing a witness. Defendant was separately convicted of murder, aggravated assault and concealing the death of another. The trial court did not commit any error by entering the order without first holding a hearing on defendant's plea in bar to dismiss the case based on a violation of his speedy trial rights. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: April 22, 2024, Case #: A24A0397, Categories: Speedy Trial
J. Guerrero finds that the appeals court properly reversed defendant's conviction for dissuading a witness. The subject statute is ambiguous about whether the offense requires an attempt to prevent the filing of a criminal complaint or to prevent a witness from providing evidence in support of conviction, or both. So, the rule of lenity requires a reading that favors defendant, who tried to dissuade only after the underlying charges were filed. Affirmed.
Court: California Supreme Court, Judge: Guerrero, Filed On: April 22, 2024, Case #: S273797, Categories: Criminal Procedure, Witnesses
J. Rakoff finds that the district court properly granted class certification in a consumer class action concerning the marketing of the pet health product Cosequin. The class expert's proposed damages model was sufficiently sound and developed to satisfy this standard at the class certification stage. Affirmed.
Court: 9th Circuit, Judge: Rakoff, Filed On: April 22, 2024, Case #: 22-55744, Categories: Damages, Product Liability, Class Action
J. Nelson denied a pilot's petition for review of the National Transportation Safety Board’s order affirming the Federal Aviation Administration's revocation of his pilot certificate. The pilot transported marijuana, which is legal under Alaska law but a controlled substance under federal law, by aircraft within Alaska which prompted the FAA to revoke his pilot certificate. The pilot did not show that the FAA lacked jurisdiction to revoke his pilot certificate because Congress cannot authorize an administrative agency to regulate purely intrastate commerce like marijuana delivery within Alaska.
Court: 9th Circuit, Judge: Nelson, Filed On: April 22, 2024, Case #: 22-70129, Categories: Aviation
J. Ray grants the company's motion for leave to amend an answer to the driver's action arising from spinal injuries he suffered in a car collision with the company's truck driver. The driver's motion to strike the company's notice of non-party fault is denied. The driver had notice that the company was likely to pursue a defense of non-party fault regarding the decision by the driver's doctor to perform a surgery on the driver which the company's expert deemed unnecessary.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: April 22, 2024, Case #: 4:22cv62, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Negligence
J. Bradford finds that the trial court properly upheld an insurer's refusal to cover an accident involving two tractor-trailers because plaintiff did not meet all license requirements under the policy, and the insurer did not act in bad faith. Affirmed.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: April 22, 2024, Case #: 23A-PL-3044, Categories: Insurance
J. Williams sustains an objection to the denial of a motion to dismiss patent infringement claims concerning the use of codes to identify networked devices to establish connections because the representative claim of the '842 patent is directed to the abstract idea of communicating identification information with an image, a well known method that has been in use for some time, and no inventive concept can transform this claim into a patent-eligible application.
Court: USDC Delaware, Judge: Williams, Filed On: April 22, 2024, Case #: 1:23cv218, NOS: Patent - Property Rights, Categories: Patent
J. Coghlan finds that the lower court properly granted the fiancée $176,000 after her estranged fiancé took her engagement ring then returned it after replacing the diamond with a synthetic diamond. The fiancée qualifies as an innocent insured under the policy on the ring because the contract does not contain a clear statement that it is void as to all insureds in the event of wrongdoing by one of the insureds. Affirmed.
Court: Illinois Appellate Court, Judge: Coghlan, Filed On: April 22, 2024, Case #: 230224, Categories: Insurance, Contract
J. Matsumoto approves a $9.5 million proposed class action settlement against a steel manufacturer on claims for securities violations. Investors sued the company following a steep decline in its stock price after it was reported it had engaged in a bribery scheme targeting government officials in Argentina. The court awards lead counsel a third of the settlement amount, approximately $3.1 million, in attorney fees, plus $83,935 in expenses.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: April 22, 2024, Case #: 1:18cv7059, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Lobrano finds that the juvenile court should not have dismissed the state’s delinquency petition against a juvenile for not timely commencing the adjudication hearing. In this case, the failure of the juvenile to appear at the adjudication hearing was beyond the state’s control because the delay was caused by the failure of the detention facility to comply with the writs to present the juvenile in court for trial. Further, the state communicated with the detention facility before trial to confirm receipt of service of the writ of habeas corpus issued by the state. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: April 22, 2024, Case #: 2024-CA-0031, Categories: Criminal Procedure, Juvenile Law, Speedy Trial