112 results for 'filedAt:"2024-01-23"'.
J. Cain grants a request for a preliminary injunction, barring the Environmental Protection Agency and the Department of Justice from enforcing any disparate impact mandates under Title VI laws against racial discrimination. The state of Louisiana has established an injury and, therefore, has standing to challenge the extra-regulatory requirements the EPA is imposing upon the state.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: January 23, 2024, Case #: 2:23cv692, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, Environment, Government
J. Dorrian finds the lower court properly admitted the guardian ad litem's testimony into evidence. Although the guardian did not observe the mother with her child, the mother's criminal conviction and incarceration during the majority of the case prevented in-person observation, while there was also other, overwhelming evidence to support the child's removal. Affirmed.
Court: Ohio Court Of Appeals, Judge: Dorrian, Filed On: January 23, 2024, Case #: 2024-Ohio-224, Categories: Evidence, Family Law
J. Borman denies an employee's request to produce copies of interviews or recordings that were taken by a law firm during a pre-lawsuit investigation into the employer, after which the employee filed a discrimination suit, because attorney-client privilege and work product doctrine preclude the firm from producing the information.
Court: USDC Eastern District of Michigan, Judge: Borman, Filed On: January 23, 2024, Case #: 2:22cv11145, NOS: Other Labor Litigation - Labor, Categories: Discovery, Privilege, Employment Discrimination
J. King finds the lower court properly denied the defendant's motion to suppress evidence that police seized from his house. The defendant's wife told officers when they attempted to execute an arrest warrant at the defendant's home that another grown woman, two children, and a dog were in the residence, giving the officers credible reason to conduct a sweep of the home to ensure the civilian's safety. While conducting the sweep, an officer found guns and THC gummies. Affirmed.
Court: 4th Circuit, Judge: King, Filed On: January 23, 2024, Case #: 22-4536, Categories: Drug Offender, Evidence, Firearms
J. Treadwell partially rules in favor of the employer in a civil rights action brought by the employee alleging violations of the Family and Medical Leave Act, the Rehabilitation Act and the ADA. The employee was fired after the employer determined it had no job roles that met the work restrictions set by the employee's doctor after a neck surgery for arthritis. The employer had no duty to accommodate the employee for restrictions that did not affect her ability to do her job. However, an issue of fact exists as to whether the employee's disability played a role in her termination. The employer also failed to point to a legitimate, nonretaliatory reason for the termination. The employer is not entitled to summary judgment on the employee's claim that it violated the Fair Labor Standards Act by failing to pay her a regular wage for work done during her leave.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: January 23, 2024, Case #: 5:22cv195, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Retaliation
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J. Dillard finds that the trial court properly granted the insurer's motion to dismiss a negligence action brought by the driver arising from a car collision with an individual. The trial court also correctly denied the driver's motion for service by publication. There was a four-month delay between the expiration of the statute of limitations and the driver's motion. The driver failed to exercise the greatest possible diligence in attempting to serve the individual. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 23, 2024, Case #: A23A1244, Categories: Civil Procedure, Negligence
[Consolidated.] J. Robinson finds that the district court properly held that a truck driver injured in a car collision in New York could not recover underinsured motorist damages when his employer's insurer failed to provide coverage. New York law requires insurers to offer supplemental coverage to in-state insureds, but statute does not support plaintiff's effort to reform the contract to include such. Meanwhile, questions must be certified to the Indiana Supreme Court concerning coverage laws in that state, where the truck was registered. Affirmed in part.
Court: 2nd Circuit, Judge: Robinson, Filed On: January 23, 2024, Case #: 22-863(L), Categories: Insurance, Vehicle, Jurisdiction
J. Gray finds that the lower court improperly denied defendant's request to cancel his requirement to register as a sex offender. That requirement can be struck after an offender has been registered for at least 10 years, but the lower court denied defendant's request by finding that his time during probation, which was five years, could not count towards that 10-year period. The clear language of the law shows there is no need to complete probation before the 10-year clock begins. Reversed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: January 23, 2024, Case #: S-23-0185, Categories: Sentencing, Sex Offender
J. Pyle finds that the trial court improperly ruled in neglect claims by finding that the jury verdict was not in accordance with the evidence without stating specifics. However, evidence indicates the caregiver took reasonable actions after discovering the child was having issues waking up. Reversed.
Court: Indiana Court Of Appeals, Judge: Pyle, Filed On: January 23, 2024, Case #: 22A-CR-2557, Categories: Negligence
J. Wilkinson finds the lower court improperly granted judgment to the property owners instead finding their policy violated the Fair Housing Act because it disproportionately ousted Latinos from the rental properties. The property owners began requiring proof of renters' legal status to renew leases, arguing they were protecting themselves against federal anti-harbouring laws. The anti-harbouring statute does not apply to landlords merely leasing to undocumented immigrants. Reversed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: January 23, 2024, Case #: 22-1660, Categories: Immigration, Landlord Tenant, Housing
J. Gill finds the police violated defendant's Fourth Amendment rights when they encouraged a canine unit to twice enter the open driver's side door of defendant's car without a warrant while the canine was sniffing around the outside of the car during a traffic stop. Despite the state's arguments, the so-called "instinct exception" to the Fourth Amendment's warrant requirement adopted by other jurisdictions for canines that instinctively search inside a vehicle without direction would not apply to defendant's case even if the exception were recognized in Wisconsin. Defendant's judgment of conviction for marijuana and paraphernalia possession is reversed, and the case is remanded so the circuit court can grant her motion to suppress. Reversed.
Court: Wisconsin Court of Appeals, Judge: Gill, Filed On: January 23, 2024, Case #: 2020AP001813-CR, Categories: Constitution, Drug Offender, Search
J. Clark finds that the lower court improperly granted the heir's motion to set aside the tax sale of the land parcel because he was unaware he had been deeded the land until three years after the owner's passing, during which time no one paid property taxes on the land. No one informed the city about the owner's death, and therefore the heir failed to make sufficient efforts to preserve his property interest. Reversed.
Court: Missouri Court Of Appeals, Judge: Clark, Filed On: January 23, 2024, Case #: ED111425, Categories: Property, Tax
J. Higginbotham finds the district court properly granted the county's motion to dismiss the estate's excessive force claims. The officer fatally shot the driver after a traffic stop for toll violations, who claimed he might have his driver's license in the trunk. He opened the trunk, opened the driver's side door, then began driving away as the officer ordered him to stop. The officer is shown on dash cam reaching into the vehicle and firing. The officer was still hanging onto the moving vehicle, believing it would run him over, which supports his reasonable belief his life was in danger. Affirmed.
Court: 5th Circuit, Judge: Higginbotham , Filed On: January 23, 2024, Case #: 22-20519, Categories: Evidence, Wrongful Death, Police Misconduct
J. Wood finds that the lower court improperly granted a prison doctor immunity on an inmate's deliberate indifference claims after he refused to apply anesthetic to remove a screw the inmate had pushed into his own arm. The doctor told the inmate that the pain he would feel was a "consequence" of his actions and persisted in his efforts to remove the screw while the inmate was strapped down despite the inmate's screams. The doctor's unsuccessful efforts to remove the screw took longer than the hospital's successful procedure, which used anesthesia, and suggests that his chosen course of treatment was intended to be punitive. Reversed.
Court: 7th Circuit, Judge: Wood, Filed On: January 23, 2024, Case #: 22-1585, Categories: Constitution, Prisoners' Rights
J. Weiler finds for the commissioner of internal revenue in this tax liability dispute because the taxpayer failed to report all income and is liable for the deficiency and related penalties.
Court: U.S. Tax Court, Judge: Weiler, Filed On: January 23, 2024, Case #: 2024-8, Categories: Tax
J. Nye grants in part a family's motion for partial summary judgment, denies a detective's motion for summary judgment, and grants a social worker's motion for summary judgment following a neighbor's report to the Idaho Department of Health and Welfare about a child's injury, which led to the removal of the children from the home due to the dirty state of the home. The detective "violated the [parents’] Fourth and Fourteenth Amendments by removing the children without a warrant." The parents "may also claim damages for the constitutional violations arising from the post-hearing forensic medical exams" of the children, which were done without the parents' consent. The detective is not protected by qualified immunity. The social worker "did not play an integral role in the warrantless removal of the children from the home."
Court: USDC Idaho, Judge: Nye, Filed On: January 23, 2024, Case #: 1:19cv308, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Oing finds that the lower court properly found for the tenant on the issue of liability in a suit against her landlord over her child's lead exposure. The landlord failed to show it was unaware a child was living in the apartment or that it was exempt from remediating the lead in the apartment. Affirmed.
Court: New York Appellate Divisions, Judge: Oing, Filed On: January 23, 2024, Case #: 00267, Categories: Landlord Tenant
J. Wilson finds that the trial court properly ruled in favor of the landowner on a worker's premises liability claim over injuries from an auger that fell off a skid loader and onto his foot. The evidence shows that the worker was aware the auger was not securely locked in place before the incident, so the landowner did not owe a duty to the worker. Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: January 23, 2024, Case #: 14-22-00767-CV, Categories: Property, Negligence
J. Boyle grants a hospital’s motion to dismiss allegations of religious discrimination brought by an employee who claims the hospital did not provide her a religious exemption in regards to a Covid-19 vaccine mandate. However, the employee failed to name any discriminatory behavior to which the hospital subjected her, nor did she explain what religious beliefs on her part are in conflict with the mandate.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: January 23, 2024, Case #: 5:22cv507, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of mandamus to compel the trial court to vacate his guilty plea on a domestic violence charge. His claim regarding whether a valid judge presided over the plea hearing is not cognizable in a mandamus claim and should have been brought on direct appeal. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 23, 2024, Case #: 2024-Ohio-181, Categories: Criminal Procedure, Plea, Domestic Violence