144 results for 'filedAt:"2024-03-12"'.
J. Williams grants the employer's motion for summary judgment, ruling there is no evidence to indicate the company considered the employee's request for Family and Medical Leave Act to provide care for her mother when it fired her for falsification of a patient document; therefore, the FMLA interference claim fails as a matter of law. Additionally, even though she was fired two weeks after she made her FMLA request, the retaliation claim also fails because the document falsification gave the employer a legitimate reason to fire the employee.
Court: USDC Connecticut, Judge: Williams, Filed On: March 12, 2024, Case #: 3:22cv469, NOS: Family and Medical Leave Act - Labor, Categories: Employment Discrimination, Employment Retaliation
J. McFarland denies, in part, the town's motion to dismiss, ruling the allegation it allowed its police chief to arrest the homeowners without the authority to do so creates a plausible civil rights claim against the town under the theory of ratification. Additionally, the assault and battery claims against the former chief of police in his individual capacity will proceed because the allegations made by the homeowners, including that one was pepper sprayed twice after being thrown to the ground, are sufficient to establish the elements of the claims.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: March 12, 2024, Case #: 1:22cv635, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Malicious Prosecution
J. Gwin finds the victim's testimony he confronted defendant in the driver's seat of his vehicle and that defendant pointed a gun at him before striking him with the same weapon as he fled was sufficient to convict defendant of aggravated robbery and felonious assault. Meanwhile, the jury's decision to acquit defendant on several firearm specifications did not create an inconsistent verdict because there was sufficient evidence to support all of the guilty verdicts, while the acquittal could represent mercy or compromise on the part of the jury, not confusion. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: March 12, 2024, Case #: 2024-Ohio-923, Categories: Evidence, Jury, Robbery
J. Pepper grants the citizen's amended motion to proceed without prepaying the filing fee in her pro se lawsuit the city, police officers and others related to her 2016 arrest and prosecution for robbery, which ultimately ended with her acquittal in 2018. The citizen is permitted to continue with her claims of false arrest and false imprisonment against one of the police officers, but the remaining defendants are dismissed from the case.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: March 12, 2024, Case #: 2:19cv1070, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
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J. Earl holds that the trial court must amend its commitment order to include a statement of the maximum term associated with each offense defendant was accused of before he was acquitted upon a finding of insanity. Based on the underlying maximum possible sentences, the commitment order will reflect an indeterminate term with a maximum of life. The life term of commitment does not violate his due process or equal protection rights since an insanity acquitee may be hospitalized based on a preponderance of evidence showing continued insanity or danger to the community. Affirmed in part.
Court: California Courts Of Appeal, Judge: Earl, Filed On: March 12, 2024, Case #: C095986, Categories: Sentencing, Battery, Commitment
J. Manzanet-Daniels finds that the lower court improperly denied the construction worker's labor law claim stemming from an accident where he was struck in the head by a falling brick, which broke his hard hat. The worker is not required to show the exact circumstances under which the object fell. Further, it is undisputed there was no netting to prevent object from falling on workers. Reversed.
Court: New York Appellate Divisions, Judge: Manzanet-Daniels, Filed On: March 12, 2024, Case #: 01279, Categories: Construction, Tort, Labor
Per curiam, the Louisiana court finds that a hunting trip coordinators' declinatory exception of lack of personal jurisdiction should be granted on a customer's breach of contract related to a hunting trip. In this case, the coordinators state that they do not conduct business or seek business in Louisiana, and that the customer contacted the coordinators by telephone to book the hunting trip and that the charges were authorized through emails. Further, plaintiff does not claim that that the hunting trip at issue originated from the coordinators' solicitation of customers in Louisiana.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: March 12, 2024, Case #: 23-C-583, Categories: Jurisdiction, Contract
J. Connors finds that the lower court improperly entered judgment for the customer in this suit to collect an alleged credit card debt. The bank did not receive sufficient notice of the hearing, as the notices that went out "indicated that mediation and a debt collection hearing would occur simultaneously." Additionally, the bank was denied the chance to participate in "the ordered mediation." Accordingly, the court concludes that the bank's due process rights were violated. Vacated.
Court: Maine Supreme Court, Judge: Connors, Filed On: March 12, 2024, Case #: 2024ME19, Categories: Civil Procedure, Debt Collection, Banking / Lending
J. Christen finds that the district court properly issued an order denying an illegal immigrant's motion to dismiss his indictment after being a previously removed alien found in the United States on equal protection grounds but reversed the district court’s order denying his motion to dismiss. The matter is remanded for further proceeding. The illegal immigrant was originally removed from the United States in 2013 through an expedited process after an immigration officer determined that his 2005 conviction for carjacking was an aggravated felony under the Immigration and Nationality Act (INA) because it qualifies as a “crime of violence.” Affirmed in part.
Court: 9th Circuit, Judge: Christen , Filed On: March 12, 2024, Case #: 22-50146, Categories: Immigration
J. Christen finds that the district court properly denied a federal habeas corpus petition brought by defendant, who was sentenced to death in 1991 after a California jury convicted him of first-degree murder. Defendant contended that his trial counsel was constitutionally ineffective by failing to investigate, develop and present certain mitigating evidence at the penalty phase of his trial. Affirmed.
Court: 9th Circuit, Judge: Christen, Filed On: March 12, 2024, Case #: 19-99001, Categories: Death Penalty, Ineffective Assistance, Civil Rights
Per curiam, the appellate division finds that the lower court properly denied the third-party welding service's motion to renew its motion to strike the third-party complaint because the renewed motion does not bring any new facts to the court's attention. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 12, 2024, Case #: 01281, Categories: Civil Procedure
J. Doyle finds that the trial court improperly denied the company's motion to set aside a default judgment entered against it in a garnishment proceeding brought by the daughter after she obtained a $3.4 million judgment against her deceased mother's nursing home. The daughter served the company with an incorrect garnishment summons. Reversed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 12, 2024, Case #: A23A1736, Categories: Civil Procedure
J. Lovric awards a New York resident $50,000 in damages after finding a local town police officer liable for claims of false arrest and excessive force stemming from an altercation regarding a loud noise complaint. The local town does not have a noise ordinance, thus there was no cause to arrest him on charges of obstructing governmental administration. The court further finds from video footage that the resident posed little threat to the officer and was not resisting arrest.
Court: USDC Northern District of New York, Judge: Lovric, Filed On: March 12, 2024, Case #: 3:21cv484, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Hurd preserves claims for takings, excessive fines and unjust enrichment, finding they plausibly allege a New York county violated their rights under the Constitution’s takings and excessive fines clauses when it sold their homes at tax foreclosure sales to recover unpaid taxes without providing them the excess proceeds. A rash of similar complaints have been filed throughout the state following the U.S. Supreme Court’s decision that found a Minnesota resident successfully challenged the county’s decision to retain the surplus proceeds from the sale of his condo.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: March 12, 2024, Case #: 1:23cv1311, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Tax
J. Hodges finds that the trial court properly granted the wholesaling company's motion to dismiss the business partner's derivative action and correctly ruled in favor of the company manager on the partner's breach of fiduciary duty claim. The trial court correctly found that a special litigation committee tasked with reviewing the partner's claims was independent and that an attorney's limited prior professional relationship with a committee member did not affect that independence. The manager had authority to issue the credit memoranda and discounts to the customer. The trial court correctly found his actions were based on reasonable business judgment. However, the trial court partially incorrectly ruled in the manager's favor on the partner's breach of contract claim. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: March 12, 2024, Case #: A23A1458, Categories: Fiduciary Duty, Contract
[Consolidated.] J. Gilson finds that the trial court improperly dismissed claims in which community organizers challenged the redrawing of six election wards by the commission because the claims were not untimely, and the court merely concluded the wards were considered "compact" under municipal law. However, evidence does not indicate the new wards purposely diluted votes from certain groups. Reversed in part.
Court: New Jersey Appellate Division, Judge: Gilson , Filed On: March 12, 2024, Case #: A-0356-22, Categories: Civil Procedure, Elections
J. Riedmann finds the trial court properly convicted defendant for manslaughter, attempted terroristic threats and firearm possession. Witnesses testify defendant shot his girlfriend during a night of drinking after a contentious phone call with his ex-wife regarding child custody issues. Sufficient evidence supports the convictions, though a matter of sentencing is remanded to correct certain sentences from determinate to indeterminate according to statute. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: March 12, 2024, Case #: A-23-367, Categories: Firearms, Manslaughter, Terrorism
J. Massa finds that defendant was improperly convicted of multiple firearms charges because evidence did not indicate defendant knowingly possessed a firearm constituting a machine gun. The conviction included the lesser offense of dangerously possessing a firearm, and thus other convictions should be dismissed for violating double jeopardy. Affirmed in part.
Court: Indiana Supreme Court, Judge: Massa, Filed On: March 12, 2024, Case #: 23S-JV-40, Categories: Firearms, Double Jeopardy
J. Whitney grants an engineering firm’s motion for preliminary injunction following allegations it brought against one of its former staff members for poaching the firm’s confidential information about customers, pricing and business plans two weeks ahead of his resignation. A business development manager at a firm affiliate reported the offense, and the staff member was found to have pilfered over 9,000 classified files.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 12, 2024, Case #: 3:24cv234, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade, Negligence, Contract
J. Beckerman awards the employees $556,800 in attorney and paralegal fees for their class action accusing the used car dealership and others of not paying the employees their owed minimum and overtime wages. The employees argue that they are entitled to $725,100 in attorney fees, but while an hourly rate of $530 for the attorney is reasonable given his experience, unique expertise and the issue presented, the slightly difficult nature of the case is not enough to justify the requested $630 hourly rate.
Court: USDC Oregon, Judge: Beckerman, Filed On: March 12, 2024, Case #: 3:18cv372, NOS: Fair Labor Standards Act - Labor, Categories: Attorney Fees, Labor
J. Che finds that the lower court properly issued a no-bail bench warrant against defendant for not appearing at a pretrial hearing, a warrant that eventually led to defendant's arrest. Defendant challenges the legality of the no-bail portion of the warrant, and under the law, a no-bail bench warrant is legal as long as a subsequent bail determination is held within 48 hours of defendant's arrest. Because that hearing did take place within the allotted time, defendant's due process rights were not violated. Affirmed.
Court: Washington Court Of Appeals, Judge: Che, Filed On: March 12, 2024, Case #: 57332-6-II, Categories: Bail, Due Process
J. Hardin-Tammons finds that the lower court properly convicted defendant of murder. The evidence was sufficient to establish the deliberation necessary to find him guilty of murder in the first degree, and the court did not err in denying his request to submit a voluntary manslaughter instruction to the jury. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardin-Tammons, Filed On: March 12, 2024, Case #: ED111336, Categories: Jury, Murder
J. Mitchell finds that the lower court properly found the medical transportation company negligent for failing to secure a passenger's wheelchair, causing her to hit her head. The company failed to properly preserve its claim that the court erred in admitting evidence of three other similar incidents involving different drivers. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: March 12, 2024, Case #: WD86114, Categories: Evidence, Negligence
J. Ahuja finds that the lower court properly set aside the board's disciplinary order revoking the nurse's license for diverting opioid pain medication for her own personal use. The nurse immediately entered a rehab program after she was fired, and then went to work at a dialysis center where she had no access to opioids and was promoted twice. The board's decision ignored the circumstances of the nurse's rehabilitation, and punished her for being honest about her addiction. Reversed.
Court: Missouri Court Of Appeals, Judge: Ahuja, Filed On: March 12, 2024, Case #: WD86087, Categories: Administrative Law, Health Care