164 results for 'filedAt:"2024-03-14"'.
J. Johnson, in this interlocutory appeal, finds the trial court improperly denied the New York law firm's motion for special appearance. The father filed his legal malpractice suit against the firm for its representation in a suit regarding the wrongful death of his son from consuming a particular herbal extract, a circumstance for which the firm professed expertise. The father failed to negate the firm’s challenge to his jurisdictional allegations. Reversed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: March 14, 2024, Case #: 09-23-00201-CV, Categories: Jurisdiction, Wrongful Death, Legal Malpractice
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J. Self denies the farmer's motion for conditional class certification in a putative class action alleging that the chicken company violated the Fair Labor Standards Act by misclassifying farmers as independent contractors and by failing to pay minimum wage and overtime. The farmer failed to show that a substantial number of people in the proposed class of more than 1,300 farmers want to opt in to the collective action. The individual, the only opt-in plaintiff, is dismissed from the action and the farmer will proceed on his individual claims.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: March 14, 2024, Case #: 5:22cv268, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Singas answers a certified question by finding that human rights laws of New York state and city provide protections from employment discrimination to nonresidents who are not yet employed in city- or state-based jobs, but who proactively sought such employment. A South Asian-American journalist working outside New York claimed her race and sex kept her from a job in New York City because the occupation was not labeled a "diversity slot" by her employer. Thus, the alleged discrimination met the precedential test of having an impact within city-state boundaries.
Court: New York Court Of Appeals, Judge: Singas, Filed On: March 14, 2024, Case #: 20, Categories: Employment Discrimination
Per curiam, the court of appeals finds that the appellate division properly held that accidental death benefits should be paid to the daughter of a state worker who contracted Covid-19 and died of related causes. The decedent's domestic partner, his designated beneficiary for ordinary death benefits, objected, but amendments to retirement law clearly state that work-related deaths from Covid-19 are accidents and that benefits should go to beneficiaries statutorily designated as spouses or dependent blood relatives. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: March 14, 2024, Case #: 25, Categories: Social Security, Covid-19
J. Flanagan grants a police officer’s motion to dismiss allegations including false arrest, battery and excessive force brought by a car owner who went to her car to get something she forgot. The owner, a Black woman, briefly left her house in a bathrobe when the officer allegedly approached her but did not identify herself, why she was approaching the owner, nor did she ask for information from the owner. The officer handcuffed the owner and only released her after scanning the car’s plates, which apparently revealed nothing. The officer has governmental immunity in her professional position, but the individual claims against her will proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 14, 2024, Case #: 5:23cv201, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Police Misconduct
J. Johnson finds that the lower court properly found that an insurance company had a duty to provide coverage in an underlying construct defects dispute. While it is true that under the language of the policy there is a "faulty workmanship exclusion" clause that would deny coverage, there is a loss exception portion of the policy that revives coverage in this case. Affirmed.
Court: Washington Supreme Court, Judge: Johnson, Filed On: March 14, 2024, Case #: 101892-4, Categories: Insurance
J. Kafker reverses in part the granting of summary judgment in favor of a university against members of its tenured faculty suing it for requiring them to obtain 50% of their individual salaries from external research funding to avoid salary cuts and being reduced to part-time employees, and for requiring that their external funding maintain a specific cost recovery rate to avoid reductions in the size of their labs. While summary judgment is appropriate concerning lab sizes, because nothing in the faculty members’ tenure documents guarantees lab space, it is not appropriate where it concerns economic security, which is included in the tenure documents and could limit the university’s ability to reduce salary and full-time status.
Court: Massachusetts Supreme Court, Judge: Kafker, Filed On: March 14, 2024, Case #: SJC-13472, Categories: Education, Employment, Contract
Per curiam, the Massachusetts Court of Appeals partly vacates a ruling in the Commonwealth’s favor, dismissing claims brought against it by its employee, a court officer who sued the Commonwealth after it refused to cover the difference between his workers’ compensation payments and his salary in “assault pay” for debilitating injuries he suffered on the job. The statute of limitations was applied in error and the fact that the employee suffered an injury from tripping on stair tread at one point, does not negate the fact that he also sustained many of his injuries from violent prisoners. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Per curiam, Filed On: March 14, 2024, Case #: 23-P-495, Categories: Employment, Assault, Workers' Compensation
J. Bethel finds that the trial court properly convicted defendant of murder and possession of a firearm during the commission of a felony. The trial court correctly denied defendant's motion to suppress evidence found pursuant to a search warrant for his phone records. The warrant affidavit established probable cause to support the issuance of the warrant based on defendant's behavior, his interactions with police and his connections to the victim, his wife, and the home where the murder occurred. Defendant was using his phone around the time of the murder and the magistrate judge could reasonably infer that his phone records would contain information related to his involvement in the crime. Defendant's trial counsel was not deficient for failing to challenge the warrant based on the claim that it was insufficiently particularized. Affirmed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: March 14, 2024, Case #: S23A1063, Categories: Murder, Search
J. Dooley denies the supervisor's motion to dismiss, ruling the fired employee has established a First Amendment retaliation claim. Although comments about the treatment of a homeless individual at the coworkers' medical clinic were part of the employee's job duties, she was not a public employee and, therefore, her speech was protected.
Court: USDC Connecticut, Judge: Dooley, Filed On: March 14, 2024, Case #: 3:23cv127, NOS: Other Civil Rights - Civil Rights, Categories: Employment, First Amendment
J. Sannes preserves claims for hostile work environment and Title IX gender discrimination against St. Lawrence University, who was sued by a sociology professor who claims she was drugged and raped by a fellow professor at his off-campus home. The court finds the complaint successfully imputes liability for the sexual assault onto the university under Title XI on the basis of deliberate indifference before and after the assault, and further sufficiently alleges that the alleged perpetrator’s actions after the sexual assault were threatening and constituted a hostile work environment. Additionally, the court trims a countercomplaint filed by the alleged perpetrator and preserves a single claim for defamation regarding Facebook posts she made alleging she was a victim of rape.
Court: USDC Southern District of New York, Judge: Sannes, Filed On: March 14, 2024, Case #: 8:23cv426, NOS: Employment - Civil Rights, Categories: Education, Defamation, Assault
Per curiam, the appellate division finds that the lower court properly awarded the defendant financial firm $20 million. Factual findings made before the bench in a trial based on its resolution of conflicting expert testimony shall not be disturbed. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: 01346, Categories: Banking / Lending
J. McFadden finds that the trial court properly denied defendant's motion for a new trial on his burglary, criminal trespass and criminal attempt to commit a felony convictions. Sufficient evidence was presented to support defendant's burglary conviction. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: March 14, 2024, Case #: A24A0008, Categories: Burglary
J. Fletcher finds that the district court properly denied a company's motion to compel arbitration and remands to address an individual's challenge of a $1.99 expedited payment fee. The appeal arises from a putative class action alleging that two fees imposed by the owner and operator of retail stores that lease household and electronic items through rent-to-own contracts violate consumer laws. Challenges to other fees brought in the class action were not moot. Affirmed in part.
Court: 9th Circuit, Judge: Fletcher, Filed On: March 14, 2024, Case #: 22-16868, Categories: Arbitration, Class Action
Per curiam, the Ninth Circuit adopts a special master’s factual findings and recommended sanctions and disciplinary actions on a company and its attorneys for misconduct and unreasonable and vexatious multiplication of proceedings. The underlying matter involves allegations that the company filed their appeal in bad faith to delay payment of an attorney fee award entered by the District Court for the Southern District of California.
Court: 9th Circuit, Judge: Per curiam, Filed On: March 14, 2024, Case #: 22-55142, Categories: Judiciary, Contract
J. Hurson grants, in part, a purchaser’s motion to dismiss this fraud dispute brought by a horse owner for conversion, fraud, theft and conspiracy claims. The horse owner had given the independent contractor approval to sell this thoroughbred horse at auction, but it was sold in a private sale to the purchaser’s agent without permission. He has demanded the horse to be returned and not accepted the money paid to the contractor. Therefore, the conversion claim survives because there is a plausible claim by the purchaser alleging physical dominion or control. All other claims are dismissed, and the owner has 14 days to leave to amend the complaint.
Court: USDC Maryland, Judge: Hurson, Filed On: March 14, 2024, Case #: 1:23cv1009, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Conversion
J. Dillard finds that the trial court properly convicted defendant of rape, kidnapping, aggravated sodomy and aggravated assault. Defendant waived his ability to challenge the trial court's handling of an incident in which a prospective juror told other jurors, some of whom ended up on the jury, that "he did it." The juror was removed. The decision by defendant's trial counsel not to further question jurors about the incident was strategic and defendant failed to show he was prejudiced by the decision. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: March 14, 2024, Case #: A24A0358, Categories: Ineffective Assistance, Jury, Sex Offender
J. Garrett finds the post-conviction court properly declined to remand defendant’s capital murder case for resentencing after recent changes to the law. “Governor’s commuted sentence became the operative sentence, as though it had been the sentence originally imposed, and, as a result, petitioner is not entitled to relief concerning the judicially imposed sentence that had been the focus of the post-conviction court’s inquiry.” Affirmed.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: March 14, 2024, Case #: S070162, Categories: Murder, Sentencing
J. Clark finds that the lower court properly convicted defendant based on his guilty plea to assault for a stabbing and theft of property. Although the plea allocution was halted when defendant made statements raising potential defenses, he subsequently agreed to the plea deal and fully participated in the colloquy. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: March 14, 2024, Case #: 113186, Categories: Assault, Plea