183 results for 'filedAt:"2023-09-26"'.
J. Kendall partially grants a law enforcement standards board's motion to dismiss due process claims brought by a fired state sheriff's deputy, but also partially grants the ex-deputy's motion for a preliminary injunction against the standards board. The board decertified the deputy amid a pending investigation into his alleged use of cocaine, and while the court dismisses several of the deputy's due process violation charges for failure to state a claim, it also commands the board to recertify him.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: September 26, 2023, Case #: 1:23cv1905, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Police Misconduct, Injunction
J. Rosenthal denies, in part, three workers' motion for partial summary judgment on a hydraulic fracturing services company's affirmative defenses against their layoff-related claims. The company shows it is not precluded from asserting good faith and unforeseeable business circumstances affirmative defenses.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: September 26, 2023, Case #: 4:20cv2995 , NOS: Other Labor Litigation - Labor, Categories: Civil Procedure, Employment, Energy
J. Edison grants, in part, ExxonMobil's motions to exclude certain testimony in its case against a crane company following the collapse of a crane at a California-based refinery. Testimony regarding comparative fault or contributory negligence is barred, as both parties agree these issues are inapplicable.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: September 26, 2023, Case #: 4:21cv3008, NOS: Other Contract - Contract, Categories: Civil Procedure, Energy, Negligence
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J. Sison rules a County employee may pursue civil rights claims against the State of Illinois. The County employee, who was fired for refusing to wear a mask during the Covid-19 pandemic, sufficiently showed in court that the State may have wrongfully charged him for insurance premiums that were not withheld from his paychecks.
Court: USDC Southern District of Illinois, Judge: Sison, Filed On: September 26, 2023, Case #: 3:22cv2534, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Covid-19
J. Morrison finds for the commissioner of internal revenue in this tax liability dispute because evidence indicates plaintiff failed to pay by the deadline.
Court: U.S. Tax Court, Judge: Morrison, Filed On: September 26, 2023, Case #: 2023-121, Categories: Tax
J. Riedmann finds that the trial court properly convicted defendant, the victim's mother, for intentional child abuse and accessory to first-degree sexual assault of a child. The victim was 11 years old when the mother's husband began committing the assaults, which included full vaginal penetration. Though the mother was told this by her daughter, she allowed her husband to continue residing with the family. The victim became pregnant at the age of 12, which the mother addressed through abortion. Her husband continued residing with the family after this, and the abuse continued. The evidence is sufficient to support the conviction. However, the court committed plain error in sentencing defendant to a term of post-release supervision. Affirmed as modified.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: September 26, 2023, Case #: A-22-896, Categories: Sex Offender, Child Victims, Accomplice Liability
J. Wilson finds that the district court improperly ruled the police officers were entitled to qualified immunity from the individual's false arrest claim in a civil rights action arising from his arrest while performing repairs on a client's car in a church parking lot. The individual was charged with obstructing government operations for initially refusing to produce ID when asked but the charges were later dropped. Video evidence shows that no reasonable officer could have believed the individual was using intimidation or physical force to intentionally obstruct the officer's investigation. The statute does not require anyone to produce an ID. There was no arguable probable cause to support the arrest. Reversed.
Court: 11th Circuit, Judge: Wilson, Filed On: September 26, 2023, Case #: 21-14396, Categories: Civil Rights, Immunity, Police Misconduct
J. Adams grants ASU's motion to reduce compensatory damages after a jury found in favor of the Black female professor in a gender discrimination suit and awarded her $800,000. Because 42 U.S. Code Section 1981(3) limits damages to $300,000 for employers with over 500 employees, ASU is entitled to the relief it requests.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: September 26, 2023, Case #: 2:16cv593, NOS: Employment - Civil Rights, Categories: Employment, Damages
J. Dato finds that the trial court properly denied a motion to suppress a gun defendant possessed during a traffic stop. Police had reasonable suspicion to pat him down based on his known gang membership, the presence of other gang members, their location in contested territory and a loaded gun found on another passenger. The seven-minute traffic stop did not take longer than necessary to write a ticket for tinted windows so his detention was not impermissibly extended. Affirmed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: September 26, 2023, Case #: D080703, Categories: Firearms, Search, Gangs
J. Gravelles, ruling after a bench trial, finds that a home health care business failed to give its fired supervising employee the required 15 days to obtain certification of her illness, major depression, for medical leave. No reasonable person would conclude that the employer acted appropriately in giving its employee just one day to provide medical documentation considering the “clear allowance” for 15 days, under federal law. The fired manager, who earned $12 per hour, is entitled to back pay totaling $132,000 with interest since her termination in 2018, an equal amount of damages for breach of contract, and attorney fees and costs.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: September 26, 2023, Case #: 3:20cv156, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Health Care, Damages
Per curiam, the appellate division finds that the lower court properly denied the worker's petition to vacate his termination from his city job. The city reasonably fired him for "incompetence" due to excessive absenteeism following a work-related injury. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: September 26, 2023, Case #: 04719, Categories: Employment
J. Seybert preserves a stockholders' suit that alleges a private investment firm dealing in metals commodities made various misrepresentations to lure investors into providing investment funds and then used those funds for personal use and to pay off debts. The firm argues that the investors suffered no actual injuries because they were all given shares in a separate company in exchange for their initial investments, but the investors allege they never received any documents to effectuate the transfer of those shares.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: September 26, 2023, Case #: 2:21cv4444, NOS: Stockholders’ Suits - Contract, Categories: Fraud, Securities
J. Wright partially denies the sheriff's motion for summary judgment in a civil rights action brought by the journalists alleging that they were harassed, shot with less-lethal weapons and unfairly arrested during the law enforcement response to protests after the deaths of George Floyd and Daunte Wright. The sheriff's motion is granted as to the journalists' injunctive and declaratory relief claims. However, the sheriff is entitled to qualified immunity as to three journalists' civil rights claims against him in his individual capacity. The city's motion for summary judgment is denied because the journalists presented evidence of a persistent pattern of unconstitutional misconduct by the police department and deliberate indifference by the city. The evidence shows that officers "deliberately and systematically" targeted journalists who were identifiable as members of the press and were not committing crimes. There is also evidence supporting the inference of a conspiracy between the police department, state patrol and other agencies to disregard curfew exemptions and interfere with the freedom of the press.
Court: USDC Minnesota, Judge: Wright, Filed On: September 26, 2023, Case #: 0:20cv1302, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment, Police Misconduct
J. Haight grants the parties' joint motion for class certification and preliminary settlement approval, ruling the discharged members of the military meet commonality and typicality requirements, given all of their claims challenge the Air Force's procedures and standards when evaluating the discharge of PTSD-affected veterans and their eligibility for benefits. Meanwhile, negotiations during settlement proceedings, completed under the guidance of an experienced magistrate judge, render the settlement fair and equitable.
Court: USDC Connecticut, Judge: Haight, Filed On: September 26, 2023, Case #: 3:21cv1214, NOS: Employment - Civil Rights, Categories: Settlements, Due Process, Class Action
J. Reiss grants Dairy Farmers of America's motion for summary judgment requesting the court to take judicial notice of prior litigations and news coverage of their activities. The class of farmers' motions and claims for allegedly conspiring to fix the prices of Grade A raw milk are denied but leave to file an amended complaint is granted.
Court: USDC Vermont, Judge: Reiss, Filed On: September 26, 2023, Case #: 2:22cv147, NOS: Antitrust - Other Suits, Categories: Agriculture, Antitrust, Discovery