133 results for 'filedAt:"2024-03-08"'.
J. Beetlestone grants in part a group of children’s motion for leave to amend their first amended complaint to reflect the broader proposed class that they seek to certify in this civil rights suit alleging Sesame Place characters refused to interact with the children because of their race. SeaWorld, the owner of Sesame Place, has not shown that it would be prejudiced if leave to amend were granted.
Court: USDC Eastern District of Pennsylvania, Judge: Beetlestone, Filed On: March 8, 2024, Case #: 2:22cv2941, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Class Action
J. Browning finds in favor of the city in an employment discrimination lawsuit brought by a former employee who asserts claims for discrimination on the basis of race and a violation of her rights under the Americans with Disabilities Act. The city did not discriminate or retaliate against the Black employee, as it provided a legitimate basis for her termination, specifically that she "ignored the express instructions of her supervisor" and "refused to cooperate with the HR Department."
Court: USDC Northern District of Oklahoma , Judge: Browning, Filed On: March 8, 2024, Case #: 4:21cv61, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
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J. Do holds that the trial court must revisit one element of the $22 million penalty award against an online university that made false and misleading statements to prospective students. The award included penalty count violations that are time-barred by the statute of limitations, so the award is reduced by $933,000. Affirmed as modified.
Court: California Courts Of Appeal, Judge: Do, Filed On: March 8, 2024, Case #: D080671, Categories: Unfair Competition, Damages, False Advertising
J. Bock finds the child victim's testimony was sufficient to establish all the elements of the rape offenses with which defendant was charged. While there were some inconsistencies between her statements to investigators and testimony at trial, none of her trial testimony contradicted any previous claims and the jury was in the best position to determine her credibility. Meanwhile, although the doctor's statement at trial that there was a "high likelihood that abuse has occurred" was inappropriate vouching for the victim, the error was harmless because the state did not mention the comment at any point during trial and there was other, overwhelming evidence to support defendant's convictions. Affirmed.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: March 8, 2024, Case #: 2024-Ohio-851, Categories: Evidence, Sex Offender, Child Victims
J. Funke finds the appeals court improperly affirmed the trial court's overruling of defendant's motion for absolute discharge on speedy trial grounds. Charged with felony assault and firearm use for shooting his father, defendant's trial was continued due to scheduling issues. The trial transcript shows the continuance was mentioned and for what reasons, though no written order was entered. Mere statements of unavailability are insufficient to show docket congestion or good cause existed to continue the jury trial past the 6-month deadline. Reversed.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: March 8, 2024, Case #: S-22-097, Categories: Firearms, Assault, Speedy Trial
J. Papik finds the trial court properly convicted defendant for murder, firearm use and witness tampering. Ample evidence, including cell phone location date, eyewitness accounts and videos defendant uploaded to Snapchat wherein he admitted to shooting his ex-girlfriend support the convictions. Though defendant says the court erroneously admitted expert testimony regarding the location data, overruling certain objections that defense counsel did not pursue and in declining to strike victim impact material, these arguments are without merit. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: March 8, 2024, Case #: S-22-560, Categories: Murder, Witnesses, Experts
J. Dick grants a request by the creator of a technology to manufacture fiber-glass plastic pipes used in large scale water projects, dismissing claims of anti-trust violations by a supplier of the pipes. The pipe supplier claims an anti-trust injury from the inventor’s alleged breach or termination of a license agreement, which does not support an anti-trust injury.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 8, 2024, Case #: 3:22cv259, NOS: Other Contract - Contract, Categories: Antitrust, Corporations, Construction
J. Bury rules an "avid art collector" may pursue insurance claims for a stolen Rolex watch, but not for the alleged theft of Andy Warhol and Keith Haring works of art. The insurance company sufficiently showed in court that the art collector did not actually owned the works of art, but may be entitled to obtain coverage for the watch.
Court: USDC Arizona, Judge: Bury, Filed On: March 8, 2024, Case #: 4:21cv119, NOS: Insurance - Contract, Categories: Evidence, Insurance, Contract
J. Menashi finds that the district court improperly dismissed an indictment charging that former state senator Brian Benjamin committed bribery and honest services wire fraud during his unsuccessful campaign for New York City comptroller and covered up the indictment during a background check when he was nominated to be New York's lieutenant governor. The indictment sufficiently alleged an explicit quid quo pro in directing $50,000 in state grant money to a nonprofit controlled by a local real estate developer in exchange for matching, small-dollar campaign contributions. Reversed.
Court: 2nd Circuit, Judge: Menashi, Filed On: March 8, 2024, Case #: 22-3091, Categories: Evidence, Fraud, Bribery
J. Stiglich grants the two minor children's petition for mandamus challenging the district court's denial of their grandparents' petition for guardianship. The grandparents sought guardianship, saying the children were exposed to unsafe conditions with their mother, who was living with a partner with whom the children felt unsafe. The court found no emergency existed since the grandparents did not seek guardianship over all four of their daughter's children. As it was the two children who filed the petition, as opposed to the grandparents, the failure to seek temporary guardianship over all four cannot form a basis for the conclusion that no emergency existed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: March 8, 2024, Case #: 88027, Categories: Family Law, Due Process, Guardianship
Per curiam, the circuit finds that the district court properly dismissed class claims challenging the conversion of a subsidized New York City housing complex from public ownership to private ownership. The class lacked standing because details of the conversion were so financially complex they could not feasibly be undone, and thus alleged injuries could not be resolved by a favorable ruling. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 8, 2024, Case #: 23-397, Categories: Housing, Class Action
J. Griesbach denies the county and county sheriff's deputies' motion to dismiss the widower's lawsuit over the death of his wife, who either jumped or fell from a moving vehicle while being transported to a state mental health facility after exhibiting violent behavior toward herself and others during a hospitalization for acute psychosis. All of the widower's claims, including those under the Americans with Disabilities Act and Rehabilitation Act and those alleging violations of the wife's 14th Amendment due process rights, are pleaded well enough to survive the motion and move forward, such as by questioning whether the deputies negligently ignored the safety locks on the transport vehicle despite knowing of the wife's volatile condition.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: March 8, 2024, Case #: 1:23cv986, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Due Process, Wrongful Death
J. Horan grants, in part, a former employee's motion to compel in his age discrimination action against Google. Google failed to comply with a previous court order requiring it to submit certain documents and testimony regarding directors within the Google Cloud organization, and must do so now.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: March 8, 2024, Case #: 3:22cv2281, NOS: Labor/Management Relations - Labor, Categories: Communications, Discovery, Employment Discrimination
J. Dimke grants default judgment to the insurance company for its complaint that it has no duty to cover the insured's claim relating to a collision that occurred when someone else was driving his insured vehicle. The loss is excluded by the policy's employee exclusion clause, as the insurance company believes that the man who drove the car during the accident was the insured's employee. The insured's lack of cooperation in confirming or denying this prejudiced the insurance company in this case.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: March 8, 2024, Case #: 4:23cv5043, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Contract
J. Reiss denies a generic drug manufacturer's motion for summary judgment on its breach of contract claims against a drug developer over a licensing covenant for a transdermal rotigotine patch called Neupro. The covenant allows the developer to sue the generic manufacturer for infringement of new drug products developed after a specific date. Summary judgment on the generic manufacturer's request for a non-infringement declaration cannot be made until the covenant's meaning of "infringment analysis" is determined.
Court: USDC Vermont, Judge: Reiss, Filed On: March 8, 2024, Case #: 2:22cv216, NOS: Patent - Property Rights, Categories: Patent
J. Campbell partially grants the various dismissal motions filed in this defamation lawsuit brought by a former seminary professor and his wife, who allege that the Southern Baptist Convention published "a false narrative" about them. Their claims are dismissed against a former Lifeway executive and the parent company of an investigator for lack of personal jurisdiction. Lifeway's dismissal motion is granted for failure to state a claim.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 8, 2024, Case #: 3:23cv478, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Jurisdiction