165 results for 'filedAt:"2023-10-26"'.
J. Bowman grants, in part, the cleaning company's motion for sanctions, ruling the former employee's repeated refusals to comply with court orders regarding discovery has prejudiced the company and prevented it from preparing any type of defense to counterclaims filed by the employee. Therefore, the employee is ordered to appear at a telephonic conference on November 13 or face additional sanctions, while the company will also be awarded more than $10,000 in attorney fees.
Court: USDC Southern District of Ohio, Judge: Bowman, Filed On: October 26, 2023, Case #: 1:22cv12, NOS: Trademark - Property Rights, Categories: Sanctions, Trade Secrets, Attorney Fees
J. Leinenweber grants the county’s motion of summary judgment brought by a former senior budget analyst alleging violations in the Americans with Disabilities Act disability discrimination, Family Medical Leave Act retaliation and defamation. The former analyst fails to show evidence is sufficient to support his claims, and it does not show the cause for termination was due to ADA or FMLA. As for the defamation claim, he fails to show any harm from statements made against him.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: October 26, 2023, Case #: 1:21cv6503, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Hunt denies a foreign company’s motion to stay in this declaratory judgment foreign proceeding lawsuit brought by an information system company. The court is requested to stay in this proceeding for the following reasons: “(1) resolution of the Indian contract case under the principle of ‘international comity,’ and (2) confirmation that [the company] has authority to engage in this litigation.” The foreign company failed to verify the authority of the applicable law to engage in this lawsuit.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: October 26, 2023, Case #: 1:22cv61, NOS: Other Contract - Contract, Categories: International Law, Due Process, Contract
J. Stinson grants summary judgment to the Air Force in this dispute over the denial of the contractor’s request that it rescind its unilateral modification assessing a credit of $493,639 in costs for a deductive change to the contract for heating, ventilation and air conditioning systems at Tinker Air Force Base. A subcontractor submitted a bid then determined that the work was not required and did not price it. Evidence shows that the subcontractor recognized an ambiguity in the contract regarding whether the work was required but did not seek clarification. The contractor’s motion for summary judgment admits knowledge of the ambiguity, pre-award.
Court: Armed Services Board Of Contract Appeals, Judge: Stinson, Filed On: October 26, 2023, Case #: 63148, Categories: Government, Military, Contract
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J. Ceresia finds that the lower court properly found for a law firm on reargument in legal malpractice claims concerning representation received by a wife in divorce proceedings because the wife failed to counter the expert affidavit of a matrimonial attorney, a former Supreme Court justice who opined that the attorney's strategy to overturn the separation agreement as unconscionable would not have succeeded. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: October 26, 2023, Case #: 535469, Categories: Experts, Legal Malpractice
[Consolidated.] J. Pipkin finds that the trial court improperly denied the mother's motion to dismiss a petition brought by the grandparents seeking to modify an existing grandparent visitation order. The grandparent visitation statute does not authorize a grandparent to initiate an action to modify an existing visitation order. Reversed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: October 26, 2023, Case #: A23A0999, Categories: Family Law
J. Nashold finds the circuit court properly ruled in the city's favor in a dispute from a property owner over the tax assessment of its luxury apartment building. The city complied with the Wisconsin Property Assessment Manual and did not violate statutes by assessing the value of the building, which was technically 72% vacant at the time, to be just over $17 million as compared to the owner's private assessor's $6 million assessment, including by taking into account future leases that were anticipated at the time and not using the 72% vacancy figure in its assessment. The city's assessment was not excessive, so the circuit court's judgment in its favor stands. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Nashold, Filed On: October 26, 2023, Case #: 2022AP000507, Categories: Property, Tax
J. Love finds that the trial court properly granted the Port of New Orleans' exception of prematurity and dismissed a group's petition to stop the construction of an international shipping container project. In this case, no construction work has begun on the project, and the project has not undergone the permitting process to receive authorization to begin construction. Further, the trial court clearly stated that the group must exhaust all necessary administrative remedies until the project receives authority from the necessary administrative agencies. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: October 26, 2023, Case #: 2023-CA-0323, Categories: Civil Procedure, Construction, Environment
J. Peterson grants the city's motion to exclude the proposed expert testimony of Dr. David L. Sunding from its lawsuit alleging that polychlorinated biphenyls from Monsanto's product, Aroclor, contaminated the Lower Duwamish River. Dr. Sunding's supplemental report is time barred because he submitted it nearly six months after the November 2023 expert report deadline, and on the last day of the parties' expert discovery period.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: October 26, 2023, Case #: 2:16cv107, NOS: Torts to Land - Real Property, Categories: Tort, Experts, Discovery
J. Hollander denies a marketing company’s motion for judicial notice in this dispute arising from a former employee’s alleged defamation and severance agreement that was forged by a former administrator. The former employee was not part of the state defamation claims and he had no opportunity to contest the facts and the company cannot use collateral estoppel for his right to challenge. The company has failed to prove probable evidence.
Court: USDC Maryland, Judge: Hollander, Filed On: October 26, 2023, Case #: 1:21cv309, NOS: Other Contract - Contract, Categories: Evidence, Defamation, Contract
[Consolidated.] J. Van Meter finds that the court of appeals should have dismissed civil claims contending a young girl died of carbon monoxide poisoning after residential contractors performed work on their house because plaintiffs delayed more than two years before appointing an administratrix for the estate after the original administrator passed away. Reversed.
Court: Kentucky Supreme Court, Judge: Van Meter, Filed On: October 26, 2023, Case #: 2022-SC-0177-DG, Categories: Civil Procedure, Wrongful Death
J. Moore vacates the lower court's finding for a nurse on an estate's deliberate indifference claim arising from the death of an inmate, who overdosed on methamphetamine. The decedent's clear signs of distress throughout his booking process into the jail, which only escalated once he was placed in a holding cell, should have made the medical staff aware he was suffering either from some kind of drug withdrawal or medical emergency. Reversed in part.
Court: 6th Circuit, Judge: Moore, Filed On: October 26, 2023, Case #: 23-5133, Categories: Civil Rights, Evidence, Wrongful Death
J. Morrison grants the employer's motion for summary judgment, ruling that while the employee claims not every coworker was offended when he wrote "oink, oink" on their lockers as a way to convince them to clean up, the conduct was still a violation of the company's anti-harassment policy and gave it a legitimate reason to fire him.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: October 26, 2023, Case #: 2:22cv2073, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination
J. Pipkin finds that the trial court properly convicted defendant of neglect of an elder person and criminal attempt to commit the felony of murder. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant continually gave excessive doses of sedating and narcotic medications to the unresponsive victim until her family made her stop. Defendant's trial counsel was not deficient for failing to assert immunity under a statute. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin , Filed On: October 26, 2023, Case #: A23A0970, Categories: Elder Abuse
J. Garry finds that the lower court improperly found for the county social services commissioner and dismissed contract claims a nursing home brought after a resident was denied Medicaid assistance. Questions of fact remain unresolved as to whether the purported spend-down of the resident's assets prior to entering the home had been performed to help his son's family through financial struggles. Reversed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: October 26, 2023, Case #: 535560, Categories: Medicaid
J. Zilly grants the pharmacy benefits manager's cross-motion regarding the pharmacy group's contract claim to recover $294,900, which is the difference between what the manager paid for generic Truvada reimbursements and what it allegedly owes the pharmacy group under the provider agreement between Oct. 1, 2020 and Apr. 30, 2021. The provider agreement does not state that listing a brand-name medication in the covered specialty medications table lists means that the generic version is also covered, so the manager properly reimbursed the pharmacy group for generic Truvada.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: October 26, 2023, Case #: 2:22cv148, NOS: Other Contract - Contract, Categories: Contract
J. Brody reverses the trial court's grant of a prescriptive easement across a property owner's rural land. The trial court was right that the use of a road by the predecessors of the owner's neighbor was permissive because the land was was wild, unenclosed and unimproved back then. But the neighbor failed to prove that the permissive use of the road had changed to adverse use, as required for a prescriptive easement. Reversed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: October 26, 2023, Case #: 50143, Categories: Property
J. Thacker finds the lower court did not abuse its discretion when denying the male's motion to proceed using a pseudonym. The male claims the female lied about being sexually assaulted out of jealousy for him sleeping with another woman. He has to use his real name because if he were successful in proving defamation, his use of a pseudonym would prevent him from having an order that publicly clears him. Affirmed.
Court: 4th Circuit, Judge: Thacker, Filed On: October 26, 2023, Case #: 23-1058, Categories: Tort, Defamation, Assault
J. Jones permanently enjoins state election officials from using redistricting maps drawn up after the 2020 census in any future election and finds that the maps violate Section 2 of the Voting Rights Act by diluting the voting power of Black Georgians. Although all of Georgia's population growth in the last decade was attributable to the minority population, the number of majority-Black congressional and legislative districts remained the same. The current maps violate the Act as to 10 Senate districts, 11 House districts and five congressional districts. The decision calls for the creation of five new Black-majority districts in the state House, two new Black-majority districts in the state Senate and one additional Black-majority congressional district. The state is ordered to enact new plans that comply with the Act by Dec. 8.
Court: USDC Northern District of Georgia, Judge: Jones, Filed On: October 26, 2023, Case #: 1:21cv5337, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections
[Consolidated.] J. Reynolds Fitzgerald finds that the lower court improperly convicted defendant based on his guilty plea to assault after a heavy night of drinking with a female acquaintance. Statements that raised potential defenses at sentencing should have been further explored, and defendant was not given a chance to withdraw his plea. Reversed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: October 26, 2023, Case #: 110040, Categories: Assault, Plea