200 results for 'filedAt:"2023-11-21"'.
J. Douglas denies the petition for rehearing on the circuit's reversal of the district court's finding for a sheriff on qualified immunity grounds. The sheriff's office arrested a social media user for posting a humorous comment on Facebook during the Covid-19 pandemic suggesting that officers were given orders to "shoot the infected on sight." The obvious joke is constitutionally protected free speech.
Court: 5th Circuit, Judge: Douglas , Filed On: November 21, 2023, Case #: 22-30509, Categories: Civil Rights, Constitution
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[Consolidated.] J. Jewell finds that the trial court properly terminated a mother’s parental rights to her daughters based on endangerment. There was sufficient evidence that the mother endangered the children through neglectful supervision and by exposing them to domestic violence in the home. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: November 21, 2023, Case #: 14-23-00387-CV, Categories: Evidence, Family Law
Per curiam, the court of appeals finds the trial court properly revoked defendant's deferred adjudication community supervision. Defendant was convicted by guilty plea for credit card abuse of an elderly person and placed on community supervision for 4 years. During the term of supervision, defendant committed other offenses, failed to report those offenses, did not attend required AA meetings, failed to complete community service and failed to make payments. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: November 21, 2023, Case #: 12-23-00084-CR, Categories: Fraud, Probation, Elder Abuse
J. Eckerstrom finds a lower court improperly dismissed an auto financing company's contract claims against an insurer. The insurance company argued that it was not obligated to provide coverage on an insured's vehicle that was damaged in a car accident based on a null and void policy. However, the financing company sufficiently showed in court that the insured listed it as a loss payee, despite a rescinded policy. Reversed.
Court: Arizona Court Of Appeals Division Two, Judge: Eckerstrom, Filed On: November 21, 2023, Case #: 2 CA-CV 2023-65, Categories: Insurance, Contract
J. Rose finds a lower court improperly dismissed a tele-betting business owner's challenge of the revenue and customs' imposition of certain tax liabilities. Revenue and customs argued that the business owner failed to pay certain taxes after transferring the enterprise to a location in Gibraltar in order to pay lower betting duties. However, the business owner sufficiently showed in court that the transferor of assets was made by the company and not the individual owners. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Rose, Filed On: November 21, 2023, Case #: 2023UKSC44, Categories: Tax
J. Lloyd- Jones finds a lower court properly dismissed a unionized group of Deliveroo riders' motion to force the company to recognize the union. The drivers argued that they are entitled to collective bargaining rights. However, the central arbitration committee presented sufficient evidence in court that the drivers were not in an employment relationship under the definition of "worker." Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Lloyd- Jones, Filed On: November 21, 2023, Case #: 2023UKSC43, Categories: Arbitration, Labor / Unions
J. Welch finds the trial court properly convicted defendant for manslaughter, having caused a traffic accident that resulted in the death of a motorcyclist. The lower court properly denied defendant's motion for postconviction relief based on his claims of counsel's failure to object to the instruction on manslaughter. The prosecution has discretion as to what the charge will be. Furthermore, defendant's proposed addition of the word "proximate" to the jury instruction is irrelevant. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: November 21, 2023, Case #: A-22-976, Categories: Evidence, Manslaughter, Vehicle
J. Badding finds that defendant was properly sentenced to prison after pleading guilty to intimidation with a dangerous weapon for taking part in a fatal drive-by shooting at the age of 16 because incarceration would protect the public and provide defendant an opportunity for rehabilitation. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: November 21, 2023, Case #: 22-1987, Categories: Juvenile Law, Sentencing, Weapons
J. Tabor finds that a grandmother's sale of real estate was valid under the grandfather’s will because the granddaughter failed to prove the land sale violated the terms of the will, which stipulated that proceeds would be used for the health and benefit of the grandmother. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: November 21, 2023, Case #: 23-0773, Categories: Wills / Probate
J. Cogburn grants a joint motion to dismiss by both the U.S. Justice Department and a former employee after the department withheld and redacted information that the employee requested through the Freedom of Information Act. The Office of Information Policy, having received the sufficient information it needed from the employee, will open his administrative appeal of one of the department’s responses to his information requests.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 1:23cv69, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Employment, Government, Settlements
J. Evanson finds in favor of United Airlines against the station operations representative's complaint that United did not accommodate her diabetes, which meant not performing the jetbridge operation, so that she could retain her position. The employee does not cite any evidence that contradicts United's definition of her job, nor does she cite any authority supporting her claim that United should have allowed her to perform the job even if it contradicted her medical restrictions.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: November 21, 2023, Case #: 2:21cv1320, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Helmick grants the university's motion to dismiss, ruling the black employee's failure to file her administrative complaint with the EEOC within 300 days of her termination rendered that filing untimely and, therefore, she failed to properly exhaust her administrative remedies before she filed this federal lawsuit.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: November 21, 2023, Case #: 3:23cv1022, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
J. Karas transfers claims contending the division of state police failed to promote an employee and constructively discharged him due to his national origin after telling him he was going to be transferred to "a converted broom closet." Most of the witnesses are located in the western district, where the employee worked during the relevant time, and he does not currently live in the southern district.
Court: USDC Western District of New York, Judge: Karas , Filed On: November 21, 2023, Case #: 1:23cv1208, NOS: Employment - Civil Rights, Categories: Employment, Venue
J. Harutunian finds that the trial court properly declined to provide the jury an accident defense instruction. Defendant's blanket claim that he accidentally struck and killed a pedestrian in a crosswalk after passing a vehicle that was stopped for the pedestrian does not support an accident defense. And his claims that he did not see the victim, it was dark and she ran into the crosswalk do not negate ordinary negligence. Affirmed.
Court: California Courts Of Appeal, Judge: Harutunian, Filed On: November 21, 2023, Case #: CA296005, Categories: Vehicular Homicide, Jury Instructions
J. Pitman dismisses some claims in a civil rights suit brought against Baylor University by a former student alleging that the university did not properly handle her report of sexual assault. While some of the student’s claims against Baylor can proceed, her claims against two athletic officials are dismissed because she has not shown that they should have foreseen the assault or that they breached their duties to her.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: November 21, 2023, Case #: 6:16cv403, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Donnelly finds that former Hamilton County Juvenile Court Judge Tracie Hunter will be indefinitely suspended from the practice of law for a felony conviction that stemmed from her conduct as a judge, which included allowing social, political and family interests to influence her actions. Hunter sent a letter to the corrections facility that employed her brother and requested various documents while he was being investigated for misconduct and she was eventually convicted of a single charge of unlawful interest in a public contract. Although she had no prior disciplinary record, she refused to acknowledge the wrongful nature of her conduct and must be suspended indefinitely.
Court: Ohio Supreme Court, Judge: Donnelly, Filed On: November 21, 2023, Case #: 2023-Ohio-4168, Categories: Judiciary, Sanctions, Attorney Discipline
J. Huskey finds that the trial court relied on sufficient evidence that defendant stole from her employer in ordering her to pay $24,000 in restitution. She may not have collected the cash paid to a codefendant for rooms at the hotel she managed, but she took affirmative steps to hide the theft. Also, she failed to show she was prejudiced by the late disclosure of witness testimony. Affirmed.
Court: Idaho Court Of Appeals, Judge: Huskey, Filed On: November 21, 2023, Case #: 49030, Categories: Theft, Restitution, Due Process