126 results for 'filedAt:"2023-09-22"'.
J. DeGravelles denies a request by a credit union to dismiss a Louisiana resident’s amended class action complaint alleging that the institution violated a consumer protection regulation governing electronic fund transfers by not accurately describing its overdraft practices. The litigant has alleged sufficient facts to give rise to the inference that a regulation was violated. The credit union is not covered by the regulation’s safe harbor provision because the suit does not challenge the form in which the disclosures were made.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: September 22, 2023, Case #: 3:22cv368, NOS: Banks and Banking - Other Suits, Categories: Consumer Law, Banking / Lending, Class Action
Per curiam, the court of criminal appeals grants this petition for a writ of habeas corpus, in which the petitioner seeks the reinstatement of his $50,000 bail. The pre-trial detention hearing was reopened without the state moving for its reopening.
Court: Alabama Court of Criminal Appeals, Judge: Per curiam, Filed On: September 22, 2023, Case #: CR-2023-0325, Categories: Criminal Procedure, Habeas, Bail
J. McFarland denies Walmart's motion for summary judgment, ruling that because photos of the puddle that caused the shopper to slip and fall demonstrate it was clear, it was not an open and obvious hazard the precludes liability, while Walmart also had notice of the puddle based on another shopper's fall just minutes before the one at issue.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: September 22, 2023, Case #: 1:21cv580, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Premises Liability
J. Brown partially rules in favor of the government in a civil rights action as to the individual's claims for false imprisonment, negligence, false arrest and intentional infliction of emotional distress. The action arose after Customs and Border Protection officers allegedly used excessive force and illegally detained the individual during an inspection at the Atlanta airport. The Federal Tort Claims Act carve-out proviso applies to the individual's tort claims and the customs-duty exception to the Act is therefore inapplicable. Genuine issues of fact exist as to whether the officer violated the Fourth Amendment by using excessive force against the individual. The case is ordered to mediation.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: September 22, 2023, Case #: 1:21cv368, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Emotional Distress, Police Misconduct
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J. Zahn finds that substantial evidence supported lower court determinations that an assisted living facility failed to provide a safe living environment or follow federal guidance for Covid-19 infection control training. The district court properly upheld a hearing officer's decision that new admissions to the facility could be banned until it complied with the guidance. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: September 22, 2023, Case #: 49852-2022, Categories: Administrative Law, Health Care, Covid-19
J. Welch finds that the lower court improperly held that an automotive supplier was bound to a contract after the supplier refused to continue providing parts at a price set forth in a blanket purchase order because the parties' release-by-release contract allowed the supplier to stop selling parts after the cost of business substantially increased. Reversed.
Court: Michigan Supreme Court, Judge: Welch, Filed On: September 22, 2023, Case #: 163523, Categories: Contract
J. Brodie preserves for trial a female quality assurance engineer’s employment discrimination and retaliation claims alleging she suffered disparate treatment on the basis of her gender and was ultimately terminated as a result. Although the employer presented evidence that showed she made a serious mistake that resulted in the release of a product that contained two serious software bugs which justified their harsh criticisms, she successfully establishes the inference of discriminatory intent by showing several male employees who made mistakes of a similar magnitude were not reprimanded.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 22, 2023, Case #: 1:21cv491, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Stacy finds the court of appeals properly affirmed the trial court's conviction of defendant for misdemeanor shoplifting and assessing a $100 fine. The court properly overruled defendant's hearsay objection as testimony supported by surveillance video shows that the department store manager reported missing clothing immediately after discovering it, which supports the "present sense impression" exception to hearsay. Other video evidence and defendant's behavior support the conviction. Affirmed.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: September 22, 2023, Case #: S-22-798, Categories: Evidence, Theft
[Consolidated.] J. Zmuda finds the trial court properly denied defendants' motion to suppress because the police officers' experience, along with the location of the liquor store near a college campus, established reasonable suspicion to stop and ask defendants for their identification as they exited a liquor store. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: September 22, 2023, Case #: 2023-Ohio-3410, Categories: Juvenile Law, Search
J. Kennedy finds that the lower court properly entered a final order in this suit affecting the parent-child relationship. The lower court did not err in appointing the father as possessory conservator in a default judgment against him. Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: September 22, 2023, Case #: 05-22-00926-CV, Categories: Family Law
J. Kay denies a request by a suspended Louisiana law firm to recover a percentage of attorney fees totaling $4,828 for work done on a suit against a property owner’s damages claim against his insurance company after back-to-back hurricanes. The “nature and gravity” of the firm’s misconduct -- illegally obtaining hundreds of hurricane-related contingency fee contracts through modern-day, non-attorney “runners” -- entirely negates any percentage of the fee to which it might otherwise be entitled. In short, the firm has done the client “more harm than good.”
Court: USDC Western District of Louisiana , Judge: Kay, Filed On: September 22, 2023, Case #: 2:22cv4083, NOS: Insurance - Contract, Categories: Insurance, Attorney Fees
J. Brimmer dismisses claims contending plaintiffs had not received full coverage from their insurer following a fire because they failed to allege they actually requested a homeowners' policy or that the insurer had a duty to change coverage after they moved back into the house and made the home their primary residence.
Court: USDC Colorado, Judge: Brimmer, Filed On: September 22, 2023, Case #: 1:22cv2961, NOS: Insurance - Contract, Categories: Insurance
[Consolidated.] Per curiam, the court of criminal appeals denies these three consolidated petitions for writ of mandamus, in which the petitioners challenge certain rulings in the underlying criminal case. The state seeks the recusal of the judge, while the petitioners jointly seek an order directing the judge to accept a plea agreement. The judge did not abuse his discretion, however, by refusing to grant the parties' second plea agreement. Also, the state has not shown that the judge is biased against it.
Court: Alabama Court of Criminal Appeals, Judge: Per curiam, Filed On: September 22, 2023, Case #: CR-2022-0966, Categories: Criminal Procedure, Plea
J. Immergut finds in favor of the city against the medical marijuana dispensary owner's complaint alleging that the city and members of the city's Planning Commission wrongfully denied her conditional use permit to open the dispensary, as they claimed that it would violate an ordinance that doesn't allow such a business "within 1,000 feet of [a] public or private elementary, secondary or career school." The medical marijuana dispensary owner does not present a genuine issue of fact over whether her attempt to seek a license qualifies as engaging in expressive conduct, which would be protected under the First Amendment.
Court: USDC Oregon, Judge: Immergut, Filed On: September 22, 2023, Case #: 6:19cv1540, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, First Amendment
J. Norris declares that the plaintiff city will continue to treat the wastewater from the defendant sewer district until the district "is able to complete all necessary construction to begin operations and route wastewater to an alternative treatment facility." Additionally, the court declares that the district will have eight years to complete the construction on the alternative treatment facility. The district is also required to provide an estimated construction schedule, along with periodic updates on its progress.
Court: USDC Western District of Tennessee , Judge: Norris, Filed On: September 22, 2023, Case #: 2:19cv2864, NOS: Other Contract - Contract, Categories: Environment, Contract
J. Wollenberg finds that the superior court erred by convicting defendant of two counts of witness tampering. The grand jury indicted defendant for a single act of witness tampering against one witness under two different theories. Defendant's conviction for witness tampering related to a different witness constitutes "a fatal variance from the indictment." Defendant's conviction related to that witness is reversed. Reversed in part.
Court: Alaska Court Of Appeals, Judge: Wollenberg, Filed On: September 22, 2023, Case #: A-13680, Categories: Prosecutorial Misconduct, Domestic Violence, Witnesses
J. Robinson finds that while the female beneficiary of the estate technically violated the no-contest provisions of the will and trust when she filed a motion with the probate court for a hearing on alleged tax errors by the administrator, those provisions were against public policy and void because they conflicted with the beneficiary's right of appeal. Therefore, because the beneficiary acted in good faith when she challenged the administrator's errors, the probate court was not required to remove her as beneficiary. Affirmed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: September 22, 2023, Case #: SC20701, Categories: Family Law, Wills / Probate
J. Sykes finds that the lower court properly denied the two cannabis entrepreneurs' motion challenging Illinois' licensing system for cannabis dispensaries which originally favored long-time Illinois residents. The entrepreneurs waited too long to challenge the residency requirements for the first allocation of licenses in 2021, and the state has deleted the provisions favoring Illinois residents under the 2022 allocation. Affirmed.
Court: 7th Circuit, Judge: Sykes, Filed On: September 22, 2023, Case #: 22-2050, Categories: Commerce, Licensing