234 results for 'filedAt:"2023-09-27"'.
J. Campbell grants the education defendants' motions to dismiss the student's Title IX claim but denies their motions to dismiss the student's equal protection claim. The student, who is a transgender girl, contends that the Tennessee Accommodations for All Children Act violates her rights and she seeks to enjoin its enforcement, specifically as it relates to the use of "multi-occupancy restrooms and changing facilities." However, the student has failed to state a claim under Title IX.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: September 27, 2023, Case #: 3:22cv570, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Lgbtq
J. Abramson finds that the county court properly found in favor of the county in this dispute regarding the responsibility for certain county jail maintenance fees. The city acknowledged it was responsible for its share of the relevant jail costs as set forth in a prior resolution. The court, therefore, did not err in finding that a different agreement did not exist for the relevant period, and it cannot be found that the court erred in awarding damages on the basis of the relevant ordinance. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: September 27, 2023, Case #: CV-22-195, Categories: Administrative Law, Municipal Law
J. Frank grants the sheriff's motion to dismiss the Agence France-Presse journalists' claims against him in his individual capacity in a civil rights action arising after they were allegedly harassed and physically assaulted by officers while covering protests following the police shooting of Daunte Wright. The journalists claim they were pepper sprayed and threatened with arrest for filming. The journalists failed to sufficiently allege that the sheriff ordered any of the officers to take the alleged unconstitutional actions or that the sheriff was deliberately indifferent to a pattern of misconduct.
Court: USDC Minnesota, Judge: Frank, Filed On: September 27, 2023, Case #: 0:22cv3009, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Harrison finds that the county court properly entered an order of protection against the father, who was found to have whipped his child with a belt on a fishing trip for not putting minnows back in the water when asked. The father's actions were properly found to be neither reasonable nor moderate. All evidence supports the order. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: September 27, 2023, Case #: CV-22-312, Categories: Domestic Violence, Restraining Order
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J. Shorr finds the juvenile court properly terminated a mother’s parental rights to her son. “DHS met its burden to prove by clear and convincing evidence that termination of mother’s parental rights is in [the child’s] best interest.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: September 27, 2023, Case #: A180724, Categories: Family Law
J. Myren finds that the circuit court properly entered two orders in which it denied requests to hold an individual, a trust and a hotel in contempt in a matter involving a property sale. Denial of the contempt requests was valid because none of the entities in question "willfully or contumaciously" violated the court's order. Affirmed.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: September 27, 2023, Case #: 2023SD52, Categories: Contempt, Property, Trusts
[Consolidated.] J. Africk grants summary judgment to a New Orleans-based nonprofit health system and a national for-profit health care corporation, finding that their recent sales transaction of three hospitals is exempt from federal antitrust laws. There is no genuine dispute of material fact in this case, and the hospitals are entitled to judgment as a matter of law.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: September 27, 2023, Case #: 2:23cv1305, NOS: Antitrust - Other Suits, Categories: Antitrust, Agency, Jurisdiction
J. Buller finds that the lower court properly dismissed a petition to establish paternity, custody, physical care, and visitation because a DNA test already proved plaintiff was not the biological father of the child in question. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: September 27, 2023, Case #: 22-1686, Categories: Family Law
J. Hellman finds the trial court erred when it concluded that a company did not have sufficient minimum contacts with Oregon to support personal jurisdiction. When the employer gave the employee an ultimatum to dismiss her stalking protective order or else lose her job, the employer "engaged in intentional actions with a meaningful connection to Oregon, thereby creating sufficient minimum contacts to support specific personal jurisdiction.” Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: September 27, 2023, Case #: A176038, Categories: Employment
J. Brown finds that the county court properly denied the grandmother's request for placement, guardianship, or adoption of her daughter's child after a parental rights termination. The court properly considered relative placement, but the child's mother lives in the grandmother's home, bringing continued drug use and environmental factors into play. Also, the grandmother allowed men to live with her who had sexually abused her daughter. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: September 27, 2023, Case #: CV-23-149, Categories: Family Law, Guardianship
J. Barrett finds that the county court properly terminated the divorced parent's parental rights to their children. The father is currently serving prison time. The mother reported that her new husband was touching one of the children inappropriately, was drugging her, and that he had been violent with her and the children. The children were removed and have remained in custody, and the father's relatives have not been able to commit to custody. It was found that there was little likelihood that services would result in successful reunification and neither parent appealed this. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: September 27, 2023, Case #: CV-23-96, Categories: Family Law
J. Thyer finds that the county court properly revoked defendant's probation imposed for a guilty plea conviction for nonsupport. The state alleged that he used controlled substances, failed to report to his probation officer, and failed to make payments on his fines, fees and restitution. Defendant admits that evidence was introduced at the revocation hearing and argues only that he had reasonable excuses for failing to comply with reporting and payment. Even if defendant properly challenged these violations, there is still sufficient evidence to support the revocation on his no contest plea to possession of controlled substance charges. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: September 27, 2023, Case #: CR-22-765, Categories: Drug Offender, Probation
J. Sullivan finds that the district court properly remanded Connecticut's Unfair Trade Practices Act complaint against Exxon Mobil to state court. Connecticut alleges that Exxon knowingly deceived consumers in the state about the negative environmental effects of its fossil fuels. The claims do not raise the federal common law of transboundary pollution as a necessary element for establishing Exxon's liability. Exxon was also not acting under a federal officer to invoke federal-officer removal jurisdiction.
Court: 2nd Circuit, Judge: Sullivan, Filed On: September 27, 2023, Case #: 21-1446, Categories: Environment, Trade, Jurisdiction
J. Urbanski grants the county's motion to dismiss. The president of Black Lives Matter Shenandoah Valley sought monetary relief after he and fellow protestors were arrested while protesting the county's sheriff's department following the killing of George Floyd. The sheriff ordered his deputies to arrest the protestors for noise ordinance violations. In Virginia, a county cannot be held liable for the policies or practices of independent constitutional officers, such as the local elected sheriff, because those officers do not depend upon the governing bodies of their counties or cities for their authority.
Court: USDC Western District of Virginia, Judge: Urbanski, Filed On: September 27, 2023, Case #: 5:22cv63, NOS: Other Civil Rights - Civil Rights, Categories: First Amendment, Police Misconduct
J. Lefkow denies the defendant financial consulting firm and freight company's motions for sanctions but mostly grants their motions for summary judgment on a class of truck drivers' wage violation, conspiracy and unjust enrichment claims. The truck drivers claim the defendant companies underpaid them by falsely listing them as contractors rather than employees, but the court finds they have not sufficiently alleged conspiracy or unjust enrichment. The wage claims stands for one of the two truck drivers representing their class, but the other is dismissed.
Court: USDC Northern District of Illinois, Judge: Lefkow, Filed On: September 27, 2023, Case #: 1:19cv2277, NOS: Other Contract - Contract, Categories: Employment, Class Action, Contract
J. Staton grants Fed Ex's motion to dismiss an employee's allegations of disability discrimination, harassment, retaliation, failure to accommodate and wrongful termination. The employee "fails to identify her job duties, her medical restrictions, or what accommodations would permit her to perform her duties." She is granted leave to amend her claims with factual allegations to correct these deficiencies.
Court: USDC Central District of California, Judge: Staton, Filed On: September 27, 2023, Case #: 2:23cv5180, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Kindred denies failed business owners' motion to dismiss an investor's allegations that it was not repaid money they advanced for materials, equipment, employee wages and operating costs for a marijuana grow facility and a vessel. The business owner seeks to dismiss the claims as they relate to marijuana cultivation, which is illegal. The business owner's "illegality defense does not relieve them of their obligations" regarding the investor's request to have its investment returned.
Court: USDC Alaska, Judge: Kindred, Filed On: September 27, 2023, Case #: 1:21cv9, NOS: Other Contract - Contract, Categories: Contract
J. Whelan grants the city of San Diego's motion to dismiss negligence claims brought by the federal government following the collision between two planes at the Brown Field Municipal Airport. The negligence claim does not arise from restrictions on a deed that were imposed when the federal government transferred its interest in the airport to the city; the claim could be brought even if the deed did not exist. Because this claim does not present a uniquely federal interest and does not warrant the displacement of state law, the federal government was required to comply with the
California Tort Claims Act, which it failed to do.
Court: USDC Southern District of California, Judge: Whelan, Filed On: September 27, 2023, Case #: 3:23cv1000, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Property, Negligence