110 results for 'filedAt:"2023-12-11"'.
J. Guidry denies requests by a parish school board and a school bus monitor to dismiss civil claims he repeatedly sexually abused a severely intellectually disabled child under age 10, on the argument that sexual abuse does not qualify as actionable discrimination under federal disability discrimination laws. While the Fifth Circuit has not directly addressed the issue, based on persuasive evidence in circuit precedents, as well as the plain statutory language, the school bus monitor’s alleged sexual abuse of the disabled child may be actionable discrimination under Title II of the Americans with Disabilities Act and the Rehabilitation Act.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: December 11, 2023, Case #: 2:23cv1532, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Jurisdiction
J. Love finds that the district court properly denied defendant's post-conviction relief on the basis of ineffective assistance to set aside convictions for multiple offenses resulting from guilty pleas. Defendant's application is untimely because his conviction became final in 2019, and he did not file his application for post-conviction relief until 2023. Further, defendant does not show that he is entitled to an extension of the prescriptive period. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: December 11, 2023, Case #: 2023-K-0736, Categories: Ineffective Assistance, Plea
J. Fox finds that the lower court properly convicted defendant of aggravated vehicular homicide. Defendant claims that during trial she was denied the ability to give her proposed instructions to the jury, which would have told the jury to consider the victim's actions. Defendant claims this instruction was tied to her theory of defense and that the lower court should have allowed her to raise it, but her proposal is not considered a proper theory of defense instruction under the law and the lower court was correct in denying it. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: December 11, 2023, Case #: S-23-0059, Categories: Vehicular Homicide, Jury Instructions
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J. Tunheim denies the insurers' motion to stay proceedings pending its appeal of an injunction and underlying rulings that the insurers violated the Minnesota Uniform Deceptive Trade Practices Act. Proceeding with litigation on Minnesota Consumer Fraud Act claims will not modify the court's prior conclusions on violations of the No-Fault Act, which underlie its conclusions on the MDTPA and remaining claims under the Minnesota Consumer Fraud Act. Proceeding on remaining elements of the MCFA therefore will not impact an appellate court's ability to review the issues being appealed. A discretionary stay is also denied, since after four years of litigation "the case is getting old" and it is not in the Court's or the parties' interests to spend extra time on it unnecessarily.
Court: USDC Minnesota, Judge: Tunheim, Filed On: December 11, 2023, Case #: 0:19cv3071, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
J. Rowland grants Mercedes-Benz’s motion to compel arbitration in a class action suit over its onboard navigation service, for which the suing class claim to have never fully agreed to use. The court finds that, per a user license agreement, the parties are contractually bound to arbitrate the dispute.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: December 11, 2023, Case #: 1:22cv6099, NOS: Contract Product Liability - Contract, Categories: Arbitration, Product Liability, Contract
J. Jensen denies an Illinois city’s motion to compel an individual’s compliance with a subpoena. The city accuses the defendant healthcare management company and associated pharma companies of conspiring to assert monopoly control of the drug Acthar, used to treat the disease proteinuria. The city wished to enforce a subpoena on one of the defendant companies’ attorneys, but the court finds that enforcing the subpoena on the lawyer would violate attorney-client privilege.
Court: USDC Northern District of Illinois, Judge: Jensen, Filed On: December 11, 2023, Case #: 3:17cv50107, NOS: Antitrust - Other Suits, Categories: Antitrust, Health Care, Attorney Discipline
J. Jones grants the gentleman's club's motion to compel arbitration on dancers' wage claims. Certain dancers were added to this collective action more than 4 years after the case was initiated and the owners say they signed arbitration agreements that preclude federal courts from adjudicating their claims. Claims brought under the Fair Labor Standards Act are encompassed by the agreement.
Court: USDC Nevada, Judge: Jones , Filed On: December 11, 2023, Case #: 3:19cv598, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Labor
J. Oldham finds the district court improperly found Houston’s voter registration provisions governing circulators are unconstitutional. Though the citizens who filed the constitutional challenge seek to change the wording of the court's decision in their favor, the city has emphasized its agreement with the citizens that the provisions are unconstitutional. No controversy exists and the case should never have been allowed. Vacated.
Court: 5th Circuit, Judge: Oldham, Filed On: December 11, 2023, Case #: 22-20491, Categories: Constitution, Elections
J. Jones finds for the commissioner of internal revenue in this tax liability dispute because the taxpayer is liable for the deficiency and related accuracy-related penalties.
Court: U.S. Tax Court, Judge: Jones, Filed On: December 11, 2023, Case #: 2023-147, Categories: Tax
J. Johnson reverses the district court's grant of summary judgment to the landlord, finding that a liquidated-damages clause in a movie theater operator's lease is not enforceable. Actual damages caused by the operator's breach of its lease, namely unpaid rent, are able to be estimated accurately. The amount of liquidated damages provided for in the clause also does not account for the landlord's duty to mitigate damages and is not a reasonable forecast of actual damages. Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: December 11, 2023, Case #: A23-0194, Categories: Landlord Tenant, Damages, Contract
Per curiam, the court of appeal finds that the trial court improperly dismissed property damage claims brought against an insurer because the homeowner failed to comply with the pre-suit requirements. This case is remanded back to the court for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: December 11, 2023, Case #: 6D23-1190, Categories: Insurance, Property
J. Land rules in favor of the dissenting shareholders in a judicial appraisal action arising after the shareholders demanded a payment of $1.25 per share. The shareholders invoked their right under the Georgia Dissenters' Rights law to be paid for their shares after dissenting to the board of directors' recommendation that the corporation sell some assets to another company and enter a joint venture that would combine the corporation with another entity. The fair value of the corporation as of the valuation date is 56 cents per share.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: December 11, 2023, Case #: 3:22cv7, NOS: Stockholders’ Suits - Contract, Categories: Securities
J. Lioi grants Lowe's' motion for summary judgment on a shopper's premises liability claim, ruling the see-through nature of storage bins at its store rendered the stacked lead pipes an open and obvious danger. Although the shopper claims the storage devices required her to lift the metal pieces she purchased straight up and into the pipes' bin, any reasonable person would have understood the risk of striking the bins with the metal pieces; therefore, the displays did not impose a duty on Lowe's that could support the shopper's claims.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: December 11, 2023, Case #: 5:22cv160, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Premises Liability
J. Guidry denies a request by the Louisiana State Police to dismiss Title VII racial discrimination claims by a white former lieutenant who alleges two less qualified, non-white lieutenants were promoted ahead of him to captain in the department’s gaming enforcement division. The department unsuccessfully argues that although the lieutenant may have held the highest examination grade and had the most years-in-service, he was not necessarily more qualified because he had “no actual gaming experience.” While this may be true, and while the department may ultimately prevail, the lieutenant has set forth plausible allegations that he suffered race discrimination.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: December 11, 2023, Case #: 2:23cv772, NOS: Employment - Civil Rights, Categories: Government, Employment Discrimination, Employment Retaliation
J. Breyer allows class claims to proceed against Elon Musk from former owners of Twitter stock who say Musk tried to drive down Twitter's stock prices in order to get a cheaper acquisition price for himself. The claims may continue based on tweets that Musk made in May of 2022 that claimed his acquisition deal was on hold pending new details on alleged spam Twitter accounts, which he said made up roughly 20% of Twitter's users. These statements were false and made with "deliberate recklessness," causing Twitter stock prices to fall nearly 7%.
Court: USDC Northern District of California, Judge: Breyer, Filed On: December 11, 2023, Case #: 3:22cv5937, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Rakoff finds for Aetna in a breach of contract suit filed by a plastic surgery clinic that alleges the insurer backed out of its promise to reimburse 80% of a patient's breast reduction surgery costs. It is plain from the transcript of the clinic's telephone call with an insurer that the representative was merely recounting the patient's scope of coverage, and no one could understand that to be an offer to pay a particular amount to the clinic.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: December 11, 2023, Case #: 1:23cv8521, NOS: Other Contract - Contract, Categories: Insurance, Contract
J. Otake denies class certification to former and current Hawaiian Airlines employees who were not granted medical or religious accommodation from the airline’s Covid-19 vaccination policy. Based on the wide range of how the airline determined their accommodation status, including variations of exact job positions and work locations, evidence for potential class members would not be the same and would still require individualized assessments.
Court: USDC Hawaii, Judge: Otake, Filed On: December 11, 2023, Case #: 1:22cv532, NOS: Civil Rights - Habeas Corpus, Categories: Covid-19, Employment Discrimination, Class Action
[Consolidated.] J. Carney finds that this appeal from an insurance dispute should be dismissed for lack of jurisdiction because the previously approved stipulated conditional final judgment that contained reservation rights failed to resolve the core question of indemnification and did not constitute an appealable final decision.
Court: 2nd Circuit, Judge: Carney, Filed On: December 11, 2023, Case #: 21-2641, Categories: Civil Procedure, Insurance
J. Sweazea denies in part the injured driver's motion to compel, ruling the tire manufacturer is entitled to consulting expert privilege on discovery requests for the identifies of and evidence produced by reconstruction experts, all of which might be used at trial.
Court: USDC New Mexico, Judge: Sweazea, Filed On: December 11, 2023, Case #: 2:22cv89, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Product Liability, Discovery, Privilege
J. Gratton finds that the juvenile defendant's 15-year sentence with 11 years determinate for attempted rape was supported by substantial evidence. His violent, unprovoked and opportunistic crime combined with a presentence investigation report, a psychosexual evaluation, and documents from multiple other psychiatric evaluations show that he presents an extraordinarily high risk of reoffending. Affirmed.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: December 11, 2023, Case #: 49994, Categories: Juvenile Law, Sentencing, Sex Offender