108 results for 'filedAt:"2024-01-22"'.
J. King grants T-Mobile's motion to compel to arbitration the customers' suit claiming that T-Mobile did not secure their proprietary network information from fraudulent "SIM swaps" that allowed hackers to access the customers' financial accounts. The customers, or someone on their behalf, signed a binding agreement to arbitrate.
Court: USDC Western District of Washington, Judge: King, Filed On: January 22, 2024, Case #: 2:22cv1805, NOS: Other Statutory Actions - Other Suits, Categories: Arbitration, Class Action, Contract
J. Zmuda finds the lower court properly granted permanent custody of the child to family services despite the father's completion of anger management services. He failed to submit to drug screens required as part of his case plan and showed no improvement in the ability to manage his angry outbursts despite completion of the classes. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: January 22, 2024, Case #: 2024-Ohio-280, Categories: Evidence, Family Law
J. Guerrero upholds the death sentence defendant received after pleading guilty to five counts of murder, along with life sentences for robbery, kidnapping and other counts. Evidence seized that was not specified in search warrants did not support a blanket suppression of all seized evidence since the warrants were sufficiently particular, were supported by probable cause, and allowed police to look in every corner of his residence for any trace evidence. Also, the jury was properly impaneled, evidence of corpse dismemberment was properly admitted, a misstatement by the state during closing argument did not merit reversal, and the death penalty is not cruel and unusual punishment. Affirmed.
Court: California Supreme Court, Judge: Guerrero, Filed On: January 22, 2024, Case #: S132256, Categories: Death Penalty, Murder
Per curiam, the circuit finds that the district court properly dismissed claims in which a retired union carpenter contends his pension should not have been terminated after he was internally convicted of working for a non-union company because he failed to exhaust union hearing procedures under the Labor-Management Reporting and Disclosure Act, and ERISA claims were time-barred. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 22, 2024, Case #: 23-247, Categories: Social Security, Labor / Unions
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J. Seeley finds the court properly terminated the mother's parental rights. Although she completed a portion of her case plan following the initial removal of the child, the various failed drug tests and her refusal to accept responsibility for her problems prevented her from proving rehabilitation sufficient to reestablish custody of the child. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: January 22, 2024, Case #: AC46488, Categories: Evidence, Family Law
J. Zamora finds the appeals court improperly vacated defendant's second-degree murder conviction. While the prosecutor violated defendant's constitutional rights when they commented on his post-arrest silence during opening arguments, defendant was not prejudiced. He admitted he killed the victim at the scene of the crime and the jury was tasked only with determining whether provocation existed to justify the murder. Even if fully credited, defendant's testimony failed to establish the victim intended to harm him or was plotting with others to kill him, and so his decision to remain silent after he was arrested was immaterial to the case. Reversed.
Court: New Mexico Supreme Court, Judge: Zamora, Filed On: January 22, 2024, Case #: S-1-SC-39294, Categories: Murder, Prosecutorial Misconduct, Self Incrimination
J. Readler finds the lower court properly granted the nursing home's motion for summary judgment because the estate's failure to obtain a medical expert witness with familiarity of the standard of care required for patients in Memphis precluded the medical malpractice action. Tennessee law requires an expert witness with knowledge of local standards of care for individuals who pursue medical malpractice actions, and the estate's witness admitted he was familiar only with a national standard, which was insufficient to allow the action to proceed. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: January 22, 2024, Case #: 23-5527, Categories: Experts, Wrongful Death, Medical Malpractice
J. Perez finds that the district court improperly denied a preliminary injunction to block arbitration as sought by a former chairman and CEO of a technology-investment holding company. He contends a release agreement proffered for his stock breached a prior stock purchase agreement by outside investors, but the company had a good chance of succeeding on its argument that the release superseded the purchase agreement and that irreparable harm would occur if arbitration was forced on the claim. On remand, the scope of the release agreement should be evaluated to determine which claims are arbitrable in order to rule on the preliminary injunction.
Court: 2nd Circuit, Judge: Perez, Filed On: January 22, 2024, Case #: 23-286, Categories: Arbitration, Injunction
J. Richardson finds the lower court properly convicted the defendant of drug trafficking charges. The defendant is not eligible for relief through the speedy trial provision despite it taking nearly two years from his arrest to his trial because it excludes any period of delay caused by a continuance, so long as the court grants the continuance because it serves the ends of justice and the court sets forth its reasoning on the record. Between the COVID-19 pandemic, the defendant going through four attorneys, and incompetency proceedings, the court had plenty of reason to delay the trial. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: January 22, 2024, Case #: 22-4209, Categories: Competence, Drug Offender, Speedy Trial
J. Bogardus finds the lower court erroneously granted the school's motion for summary judgment and determined it was entitled to immunity on negligence claims brought by the parents of the child who reinjured a surgically repaired hip on the playground. Deposition testimony of officials indicated the school's safety policies were not properly implemented when the child was allowed to go outside for recess despite doctor's restrictions on any physical activity. The homeroom teacher and other faculty did not receive the medical note from the school nurse, which would allow a reasonable jury to conclude the school created an unsafe condition on property operated by the state and prevent application of immunity. Reversed.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: January 22, 2024, Case #: A-1-CA-39871, Categories: Education, Tort, Immunity
J. Dietz finds for plaintiff in this post award bid protest for a contract to provide telematics systems to the United States Postal Service because USPS included information not stated in its evaluation criteria in making the determination.
Court: Federal Circuit, Judge: Dietz, Filed On: January 22, 2024, Case #: 23-361, Categories: Contract
J. Hamilton finds that the lower court properly found for the city, ruling that the Madison fire department's physical test for firefighters had a disparate impact on women, but did not violate Title VII because it served the city's legitimate purpose in ensuring that firefighters have the physical abilities to perform in their demanding job. Furthermore, Madison has a higher-than-average rate of hiring and retaining female firefighters, showing that its test performs well at selecting qualified candidates. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: January 22, 2024, Case #: 22-2433, Categories: Civil Rights, Employment Discrimination
J. Ellis partially grants Chicago’s motion for summary judgment on sex discrimination claims brought by women who wanted to be city paramedics. The cadets were injured while performing trials in the Chicago Fire Department’s physical aptitude test, trials that even internal experts claimed really weren’t of much use in evaluating firefighters’ and paramedics’ job readiness. Multiple lawsuits followed. The city settled some of those suits and moved for summary judgment in this one. The court now denies Chicago summary judgment on the paramedics’ internal discrimination claim, and splits judgment on the paramedics’ Monell claim. It grants the claim “to the extent plaintiffs rely on a widespread policy or practice,” but denies it “as to plaintiffs’ claim that they suffered a constitutional injury at the hands of a final policymaker.”
Court: USDC Northern District of Illinois, Judge: Ellis, Filed On: January 22, 2024, Case #: 1:16cv10156, NOS: Employment - Civil Rights, Categories: Civil Rights, Municipal Law, Employment Discrimination
Per curiam, the circuit finds the district court properly denied the officer's motion to dismiss the excessive force claims. The decedent's alleged partner in an armed robbery testified officers approached them, shooting the decedent without identifying themselves during the execution of the arrest warrant. The decedent had a concealed carry permit for any weapon he may have had, and because the officers did not identify themselves, sufficient facts are pleaded as to the unlawfulness of their conduct. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: January 22, 2024, Case #: 23-20098, Categories: Evidence, Police Misconduct
J. Schopler finds in partial favor of a billing service concerning contract claims brought by a medevac provider that says it is owed $1.7 million for unpaid medical-evacuation flights. The parties agree that the medevac provider was not entitled to any payment for a medevac flight until the billing service collected some revenue for it. Because there is no evidence of collected payments for 98 of the 174 flights at issue, the service is entitled to summary judgment as to these flights.
Court: USDC Southern District of California, Judge: Schopler, Filed On: January 22, 2024, Case #: 3:20cv2044, NOS: Other Contract - Contract, Categories: Contract
J. Kirsch rules for the U.S. in claims contending tenants suffered severe injuries due to asbestos, mold, and other unhealthy living conditions at the Veterans Affairs apartments. The administrative claims were denied in 2020, and the tenants failed to file the claims in federal court within six months of that decision. Further, despite the tenants' medical problems, nothing justified equitable tolling.
Court: USDC New Jersey, Judge: Kirsch , Filed On: January 22, 2024, Case #: 3:22cv583, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Veterans, Negligence, Asbestos
Per curiam, the North Dakota Supreme Court finds that the district court properly denied an application for post-conviction relief. Defendant pleaded guilty to one count of conspiracy to commit murder. Defendant alleged that he received ineffective assistance of counsel. The application was denied following an evidentiary hearing. Affimed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: January 22, 2024, Case #: 2024ND14, Categories: Murder
J. Rice declines to dismiss the investors' lawsuit accusing the law firm of sending the former's $1 million investment to an untrustworthy bank, resulting in the funds going missing. The investors establish an injury-in-fact by showing that the untrustworthy bank did not return the money, with nine of the 11 investors losing $100,000 or more, while the rest lost between $25,000 and $50,000. The law firm accepted responsibility for overseeing the money and assuring the investors that it could not be withdrawn or misused without the investors' express authorization.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: January 22, 2024, Case #: 2:23cv227, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fiduciary Duty, Negligence, Legal Malpractice