109 results for 'filedAt:"2023-10-13"'.
J. Easterbrook finds that the lower court properly found that the city cannot compel Netflix, Hulu, Disney, and other streaming video providers to pay 5% of all revenues they receive under an Illinois law that requires cable services to pay a fee for using public rights of way. Even prior to an amendment, which explicitly excludes "streaming content", the law excludes "services offered over the public internet" which clearly applies to the defendants. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: October 13, 2023, Case #: 22-2905, Categories: Communications, Technology
J. Smith finds the district court improperly entered summary judgment in favor of the airline sued for civil rights violations after it canceled a flight because an attendant complained about “Middle Eastern”-appearing passengers. The court found the airline immune under a federal law which allows it to remove a passenger it fears “might be, inimical to safety.” That all passengers had their flight canceled, and that certain behaviors of the American citizens such as handwaving were perceived as suspicious, raises issues of first impression as to whether the cancellation constitutes disparate treatment, whether the civil rights claim can exist without a breach of contract and whether immunity may be granted for allegedly discriminatory decisions. Reversed and remanded.
Court: 5th Circuit, Judge: Smith, Filed On: October 13, 2023, Case #: 22-10686, Categories: Admiralty, Civil Rights, Terrorism
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J. Martin finds for a high school accused of failing to take appropriate action after a coach struck a student in the face during wrestling practice. The principal, who barred the coach from working at the high school but not from coaching at wrestling camp, lacked authority to institute a policy, and slapping the student had not violated the student's constitutional rights.
Court: USDC Northern District of Indiana, Judge: Martin , Filed On: October 13, 2023, Case #: 2:21cv219, NOS: Education - Civil Rights, Categories: Education, Negligence, Emotional Distress
J. Watkins finds that the trial court improperly denied defendant's motion to withdraw his guilty plea to aggravated assault and false imprisonment on the basis that his plea counsel failed to disclose a conflict of interest. Defendant alleged that his plea counsel was facing restitution for damaging the prosecutor's car in a hit-and-run incident. The trial court failed to address whether an actual conflict of interest existed and incorrectly required defendant to show that the presumed conflict of interest affected the outcome of the proceedings. Vacated.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: October 13, 2023, Case #: A23A1011, Categories: Ineffective Assistance, Assault, Plea
J. Stewart finds the trial court properly granted summary judgment to an oncology office against defamation claims filed by their fired employees who state an anonymously submitted letter accusing them of unethical behavior should not have been disbursed to the other employees. The former employees failed to establish the publication element of the defamation claim. Affirmed.
Court: Alabama Supreme Court, Judge: Stewart, Filed On: October 13, 2023, Case #: SC-2022-0907, Categories: Employment, Evidence, Defamation
J. Tenney upholds the trial court's termination of a mother's parental rights based on evidence that she made false allegations of abuse against her children's father and twice kept them when she lacked custody. Termination was in the children's present-tense best interest, and supervised visitation was not viable. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: October 13, 2023, Case #: 20220774-CA, Categories: Family Law
J. Polster grants the Veterans Affairs Department's motion for partial summary judgment, ruling that because the doctor failed to include a constructive discharge claim in his initial EEOC complaint or any evidence of intolerable working conditions that would have led the EEOC to investigate such a claim, he failed to exhaust his administrative remedies.
Court: USDC Northern District of Ohio, Judge: Polster, Filed On: October 13, 2023, Case #: 1:23cv507, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment, Health Care
J. Sannes dismisses four public officials in Hudson, New York, from a civil rights lawsuit asserting claims for false arrest, unlawful search and seizure, and malicious prosecution stemming from their involvement in a citizen’s arrest on charges of attempted murder with a gun and conspiracy to commit murder. The litigants allege the arrest was part of an ongoing investigation into a local gang called “Men Outta Business.” The two local district attorneys who brought the charges against the litigant are both protected by sovereign immunity, and the litigant fails to allege any personal involvement on the part of the police chief or one of the named police officers.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: October 13, 2023, Case #: 1:22cv1152, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Immunity
J. Sannes denies a motion for a temporary restraining order and preliminary injunction that seeks to prevent the closure of a family group home located in the city of Kingston, New York. The operator claims the city zoning board’s denial of its special use permit was motivated by discriminatory animus against residents suffering from substance abuse and mental health disorders. However, the court finds their claims will most likely not succeed on the merits because the city proffered enough evidence to show their denial was based on a list of safety hazards that the boarding house ultimately failed to address.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: October 13, 2023, Case #: 1:23cv1024, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Evidence, Zoning
Per curiam, the Vermont Supreme Court finds the trial court properly dismissed a self-representing litigant’s complaint for failure to state a claim. At the dismissal hearing the court found that the man had filed approximately 100 complaints throughout the Northeast, calling him a “serial filer.” Plaintiff failed to show any basis to disturb the order.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: October 13, 2023, Case #: 23-AP-156, Categories: Civil Procedure, Evidence
J. McAuliffe grants in part a city’s motion to dismiss claims brought against it by the buyer of a property for environmental contamination found on the property after it was indicated that the contamination had been remediated. While the buyer provides just enough information to support its Comprehensive Environmental Response, Compensation and Liability Act of 1980 claims at this stage, it does not provide enough support of the idea that the city owes it a duty in its negligence claims.
Court: USDC New Hampshire, Judge: McAuliffe, Filed On: October 13, 2023, Case #: 1:22cv573, NOS: Environmental Matters - Other Suits, Categories: Environment, Property, Real Estate
J. Carroll finds the trial court properly awarded a company owner summary judgement for a negligence claim by a visitor who slipped and fell on a snow-covered sidewalk outside his business. The visitor did not provide enough evidence that the company owner is sole owner to all companies housed in the building. Affirmed.
Court: Vermont Supreme Court, Judge: Carroll, Filed On: October 13, 2023, Case #: 23-AP-129, Categories: Negligence, Premises Liability
J. Stein denies a motion for leave to serve Germany via alternative means filed by the individual who leaked the trove of offshore financial records known as the "Panama Papers." The individual seeks amounts due under a contract under which Germany gained access to the Papers to identify tax fraud. However, the court lacks authority under the Foreign Sovereign Immunities Act to authorize alternative service.
Court: USDC Southern District of New York, Judge: Stein, Filed On: October 13, 2023, Case #: 1:23cv6395, NOS: Other Contract - Contract, Categories: International Law, Contract
J. Perluss finds the trial court improperly denied the injured parties’ motion for fees and costs in this negligence suit over a traffic accident. After the trial court awarded damages on remand, the injured parties moved for fees and costs alleging that the at-fault party had unreasonably denied requests for admission as to the status of certain medical records as business records. The at-fault party had no reasonable belief that she could prevail on the merits of this issue, and her denial caused the injured parties to incur expenses proving the medical records were business records. Other expenses were properly granted for the at-fault party. Affirmed in part. Reversed in part and remanded.
Court: California Courts Of Appeal, Judge: Perluss, Filed On: October 13, 2023, Case #: B317540, Categories: Vehicle, Discovery, Attorney Fees
J. Huffman finds the trial court erroneously granted the policyholder's motion to compel discovery of his entire claim file with State Farm Insurance. Certain documents in the file provide evidence of the value of his uninsured motorist's claim, which is part of the case yet to be litigated; therefore, discovery of those documents will be stayed until the uninsured motorist portion of the suit is resolved. Reversed.
Court: Ohio Court Of Appeals, Judge: Huffman, Filed On: October 13, 2023, Case #: 2023-Ohio-3731, Categories: Insurance, Discovery, Privilege
Per curiam, the Vermont Supreme Court finds that the trial court properly awarded parental rights, responsibilities and contact but improperly awarded spousal maintenance and divided the marital property in this divorce case. The calculated spousal maintenance award owed to the wife and a new division of the property is remanded. Reversed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: October 13, 2023, Case #: 23-AP-95, Categories: Family Law, Property
J. Triana finds that the trial court properly issued a protective order against an ex-boyfriend, preventing him from communicating or interacting with his former girlfriend. The harassing comments made by the ex-boyfriend do not constitute a protected form of speech since they were solely communicated to "inflict emotional distress". Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: October 13, 2023, Case #: 03-22-00071-CV, Categories: Restraining Order, First Amendment
J. Autrey grants the employer's motion for summary judgment in a wage and hour suit accusing it of not compensating employees for lunch breaks not taken because it automatically deducted lunch breaks from the employees' pay. The employer had a reasonable process for employees to report uncompensated work time, and is not liable for non-payment if employees fail to follow the established process.
Court: USDC Eastern District of Missouri, Judge: Autrey, Filed On: October 13, 2023, Case #: 4:21cv182, NOS: Fair Labor Standards Act - Labor, Categories: Employment