188 results for 'filedAt:"2023-07-06"'.
J. Jenkins denies the U.S. Postmaster General’s motion for summary judgment on employment discrimination claims brought by a disabled former postal worker. The court finds the worker has adequately alleged that her supervisors at the post office failed to properly accommodate her foot injury, which she received on the job, and that the same superiors conspired to get her fired.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: July 6, 2023, Case #: 1:20cv7406, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Employment Discrimination
J. Jenkins grants a television channel’s motion to dismiss a privacy class action, brought by viewers who claim it illegally scraped their video viewing data off of Facebook. The court finds the class of viewers failed to state a claim, as they purchased no service from the television channel and are thus not “consumers” per the Video Privacy Protection Act.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: July 6, 2023, Case #: 1:22cv5963, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy, Class Action, Technology
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J. Jewell finds that the trial court improperly ruled in favor of the lot buyers on their intentional infliction of emotional distress claim against a home builder who allegedly threatened to "ruin their lives" when they decided not to hire him. The evidence did not show the builder's conduct to be "extreme and outrageous" since his verbal confrontation with the buyers only lasted five minutes. Reversed in part.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: July 6, 2023, Case #: 14-22-00433-CV, Categories: Evidence, Property, Emotional Distress
J. Jewell finds that the trial court improperly denied the owner's motion to compel arbitration of a contractor's breach of contract suit. The contractor did not show the owner waived its right to arbitrate the dispute "by substantially invoking the judicial process." Reversed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: July 6, 2023, Case #: 14-22-00499-CV, Categories: Arbitration, Contract
J. Gan finds the bankruptcy court properly determined an individual's complaint, which she filed against her former employer for sexual harassment, is dischargeable. The nondischargeability provisions for this type of complaint only apply to individual debtors, rather than corporate debtors, who confirm nonconsensual plans under subchapter V of chapter 11.
Court: 9th Circuit, Judge: Gan, Filed On: July 6, 2023, Case #: ID-23-1020-GCB , Categories: Bankruptcy
J. Loken finds a lower court properly dismissed a communications company's claims that a telephone company intentionally set out to deprive it of Internet broadband services. The communications company argued that the telephone company engaged in fraud and unfair competition by refusing to provide broadband services in certain geographical areas. However, the telephone company presented sufficient evidence in court that it did not intentionally misrepresent its broadband capabilities. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: July 6, 2023, Case #: 22-2129, Categories: Fraud, Unfair Competition
J. Benton finds a lower court properly convicted a defendant for discharging a firearm during a crime of violence. The defendant, who pleaded guilty to second-degree murder in Native American country, argued that her conviction is unlawful. However, the government sufficiently showed in court that she shot and killed her husband after discovering that he was cheating on her, and that the murder was willful and intentional. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: July 6, 2023, Case #: 22-2471, Categories: Evidence, Murder, Sentencing
J. Brimmer grants the governor's and district attorney's motion to dismiss a civil rights action brought by an individual alleging violations of his Second Amendment rights. The individual challenged the constitutionality of three Colorado gun control laws related to background checks for private firearm transfers and removal of firearms from certain people. The individual alleged that a protection order entered against his son under a statute infringes on the individual's right to receive his son's guns. The individual lacks standing to challenge the laws.
Court: USDC Colorado, Judge: Brimmer, Filed On: July 6, 2023, Case #: 1:23cv1065, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Jurisdiction, Firearms
J. Lynch finds that the lower court properly shifted sole legal and physical custody of a child to the father based on credible evidence of parental alienation on the part of the mother and her lack of commitment to fostering a father-child relationship, contrary to the father's efforts to encourage the mother-child bond. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: July 6, 2023, Case #: 535639, Categories: Family Law
J. Pickering finds the county court properly partially dismissed the medical malpractice claim arising from the physician’s leaving gauze in a wound after a tumor removal, which resulted in recurrent infections and the patient’s eventual death. A nurse expert witness for the estate failed to show she was qualified to comment on a physician’s standard of care. Her opinion failed to identify medical negligence. The claim is not exempted from the affidavit of merit requirement since the gauze was left during a nonsurgical procedure. Affirmed.
Court: Nevada Supreme Court, Judge: Pickering, Filed On: July 6, 2023, Case #: 82898, Categories: Experts, Wrongful Death, Medical Malpractice
J. Powell finds the Department of Corrections improperly determined the prisoner's convictions for attempted aggravated murder rendered him ineligible for expanded earned sentence credits. Attempted aggravated murder is not one of the specifically enumerated offenses ineligible for expanded earned sentence credits under the statute. Reversed.
Court: Virginia Supreme Court, Judge: Powell , Filed On: July 6, 2023, Case #: 220665 , Categories: Murder, Sentencing
J. Keough finds the lower court properly granted the insurer's motion for summary judgment on a property owner's case concerning a rejected claim for fire-related coverage to a rental property. The owner used the home exclusively as a rental property and, therefore, was not entitled to coverage under the insurance policy, which covered only a home in which he lived. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: July 6, 2023, Case #: 2023-Ohio-2308, Categories: Insurance, Contract
J. Levy finds in favor of the employer in a retaliation and disability and race discrimination action brought by an employee alleging violations of the ADA, the Michigan Persons with Disabilities Civil Rights Act, the Elliott-Larsen Civil Rights Act and the Michigan Worker's Disability Compensation Act. The employee, a Black man, alleged that the employer required him to do menial work which aggravated an injury he suffered on the job. The employee failed to show that he suffered an adverse employment action or that he experienced an adverse change in compensation. The employee also failed to show that the employer had knowledge that an injury was certain to occur at the mill.
Court: USDC Eastern District of Michigan, Judge: Levy, Filed On: July 6, 2023, Case #: 5:21cv10923, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Fineman holds that the trial court lacked jurisdiction to revoke defendant's probation after finding that his misconduct violated its terms. The statutory reduction in the maximum probationary term from five to two years retroactively modified his probationary period, so misconduct that occurred after the end of that period was not a violation of probation. Reversed.
Court: California Courts Of Appeal, Judge: Fineman, Filed On: July 6, 2023, Case #: A164649, Categories: Burglary, Probation, Jurisdiction
J. Mix denies the injured driver's motion to limit and strike the opinions of the insurers' medical expert in a breach of contract and bad faith action arising after the insurers denied the driver's claim for additional uninsured and underinsured motorist benefits following a car crash. The expert's opinions regarding velocity are not excluded because they are within his subject area of expertise and are based on his review of accident documents and other data.
Court: USDC Colorado, Judge: Mix, Filed On: July 6, 2023, Case #: 1:22cv37, NOS: Insurance - Contract, Categories: Insurance, Experts, Contract
J. Garry finds that the lower court properly dismissed a father's request to relocate with his child in order to move to Long Island to remarry. The father, who shared legal and physical custody with the mother, failed to demonstrate the new arrangement would be in the best interests of the child, who would have to attend a new school and would move away from family. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: July 6, 2023, Case #: 534619, Categories: Family Law
J. Nowell finds that the lower court improperly granted summary judgment to the appellees on most of the claims in this suit stemming from an alleged business partnership. As to the individual plaintiff's breach of partnership claim, the appellees failed to show that the statute of limitations accrued when the certificate of formation was filed. Summary judgment was appropriate, however, on his defamation per se claim. Reversed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: July 6, 2023, Case #: 05-22-01100-CV, Categories: Partnerships, Business Practices, Contract