170 results for 'filedAt:"2024-04-17"'.
J. Corker grants the employer's summary judgment motion and dismisses the former employee's claims asserting violations of the Americans with Disabilities Act and the Family and Medical Leave Act. The employee, who worked as a bucket foreman repairing utility lines, allegedly suffered from a health issue that caused him to briefly lose consciousness. The employer had a valid reason "to believe that Plaintiff was a serious potential threat to himself, or other employees, given the nature of his job." The court concludes that there were no accommodations that would eliminate the risk of harm.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: April 17, 2024, Case #: 2:22cv112, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Sannes adopts a magistrate judge’s order in full and dismisses an unrepresented litigant’s medical malpractice and disability discrimination claims against an upstate New York health care provider. His claims for medical malpractice are not actionable under the ADA or the Rehabilitation Act, and he fails to provide any evidence that would suggest discriminatory animus on the basis of a disability. Additionally, the court reaffirms the judge’s order denying his request to make his medical records public, as it would violate the court’s standard practice.
Court: USDC Eastern District of New York, Judge: Sannes, Filed On: April 17, 2024, Case #: 8:24cv27, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Procedure, Ada / Rehabilitation Act, Medical Malpractice
J. Edison examines diversity jurisdiction on remand from the Fifth Circuit Court and finds that a trustee was appointed solely to qualify for diversity jurisdiction in a property dispute with a rental company. The trustee has no special experience, he was appointed quickly with no evidence of a longstanding relationship, and the trustee duties basically involved following the direction of the trust’s lawyers. The rental company’s motion to dismiss on lack of diversity jurisdiction is granted without prejudice.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: April 17, 2024, Case #: 3:19cv249, NOS: All Other Real Property - Real Property, Categories: Property, Jurisdiction
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Per curiam, the appellate division finds that the lower court improperly denied the police officer's petition to serve a late notice of claim on the city in a slip and fall suit. The officer's line-of-duty injury report provided the city timely notice of the essential facts constituting the claim. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 17, 2024, Case #: 02058, Categories: Civil Procedure, Tort
Per curiam, the appellate division finds that the lower court properly denied the summer camp's motion to dismiss claims that a camper was sexually abused by a coach while attending football camp in the 1970s. The camper was a resident of New York at the time of the alleged abuse, so he can avail himself of the extended statute of limitations under the Child Victims Act even if the camp was located in Vermont and Massachusetts. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 17, 2024, Case #: 02074, Categories: Tort, Jurisdiction
J. Wiley finds that the trial court properly tossed an employment discrimination complaint because the state employee failed to exhaust his administrative remedies, as required by the Fair Employment and Housing Act. His initial administrative claim cited sex discrimination and retaliation, but did not allege the race discrimination he included in his later lawsuit. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: April 17, 2024, Case #: B323735, Categories: Employment Discrimination
[Modified.] J. Snauffer makes two changes to a previously published opinion with no change in judgment. The trial court lacked jurisdiction to recalculate defendant's maximum term of commitment for a plea of not guilty by reason of insanity to stalking and criminal threat charges. The rule that a trial court is deprived of jurisdiction to recalculate the sentence for a defendant who has begun serving time also applies to a recalculation of the term of commitment for a defendant whose period of commitment has commenced. Reversed.
Court: California Courts Of Appeal, Judge: Snauffer, Filed On: April 17, 2024, Case #: F085699, Categories: Threats, Jurisdiction, Commitment
J. Kindred denies in part a training academy attendee's motion for attorney fees and grants her and another attendees' motion for entry of judgment regarding a trainee recruit's allegations of racial and sexual discrimination while she was in the state trooper training academy. Partial final judgment dismissing the attendees is warranted, however, an award of attorney fees is not.
Court: USDC Alaska, Judge: Kindred, Filed On: April 17, 2024, Case #: 3:23cv29, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Jones finds for the commissioner of internal revenue in collection due process claims concerning tax liability because the settlement officers did not commit an abuse of discretion.
Court: U.S. Tax Court, Judge: Jones, Filed On: April 17, 2024, Case #: 2024-46, Categories: Tax
J. Drell grants a request by the seller of a Caterpillar bulldozer to a parish government, dismissing the company from a wrongful death suit filed by the widow and children of the vehicle’s operator. The operator’s family has no reasonable possibility of recovery under state law, and they have not shown the company was a professional vendor with control over the design or construction of the bulldozer. Furthermore, because a warning to wear a seatbelt was posted on the machine within the operator’s view, the seller did not have a duty to verbally warn parish employees that operating the bulldozer without wearing the seatbelt could be dangerous.
Court: USDC Western District of Louisiana , Judge: Drell, Filed On: April 17, 2024, Case #: 1:23cv672, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Employment, Product Liability, Wrongful Death
J. Egan finds the trial court properly denied defendant’s motion for a new trial. Court “permissibly determined that any prejudice would be sufficiently mitigated by striking the testimony about prison and instructing the jury to disregard what they had heard.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: April 17, 2024, Case #: A179612, Categories: Evidence, Assault, Menacing
J. Tookey finds the trial court properly convicted defendant of arson in a fire that destroyed part of the abandoned Mill E building at the Blue Heron Paper Mill in Oregon City. There is sufficient evidence “both that defendant started the fire and that he intended to damage property when he did so.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: April 17, 2024, Case #: A178613, Categories: Evidence, Arson
J. Powers finds the juvenile court properly exercised jurisdiction over two children. “Mother’s own trauma and PTSD responses impair her ability to parent her children with behavioral needs that require structure and routine.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: April 17, 2024, Case #: A182035, Categories: Family Law
J. Guidry finds that the lower court properly granted the contractor's motion to vacate an arbitration award stemming from a dispute with a subcontractor. The award was rendered against an entity that "was not a party to the subcontract agreement containing the arbitration clause," so the arbitrator exceeded his authority in rendering the award. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Guidry, Filed On: April 17, 2024, Case #: 2023CA1114, Categories: Arbitration, Contract
The instant court finds the lower court properly denied defendant’s motion for post-conviction relief. Defendant argues they are entitled to post-conviction relief on grounds that there is new evidence to be considered, as a witness is recanting their original testimony. The instant court finds an evidentiary hearing is necessary to consider the defendant’s claim of newly discovered evidence. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: April 17, 2024, Case #: 2023-0134, Categories: Evidence, Witnesses
J. Clay finds the reinstatement order issued by the trial court is not barred by judicial estoppel as a result of the employee's failure to file notice of her employment lawsuit during bankruptcy proceedings. The order had no bearing on the employee's distribution of debts and was unrelated to any potential damages. Meanwhile, the court lacks jurisdiction over the award of damages and attorney fees to the employee because none of those orders were finalized by the lower court; therefore, the remainder of the appeal will be dismissed. Affirmed.
Court: 6th Circuit, Judge: Clay, Filed On: April 17, 2024, Case #: 22-5761, Categories: Bankruptcy, Civil Procedure, Employment
J. Tookey finds the trial court properly ruled that the state trooper had reasonable suspicion to expand the subject matter of the traffic stop. Defendant got his truck stuck in a ditch while attempting to turn around, and he displayed “shaking, which could be a physical symptom of present intoxication.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: April 17, 2024, Case #: A178918, Categories: Evidence, Search, Dui
J. Hoyle finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. The wheelchair-bound defendant shot at his cousin, who had pulled over in his vehicle to say "hi." That cousin and another cousin testified there was no conflict or altercation before defendant started shooting. Though defendant says the cousin was "bothering" him, he did not specify how, also telling officers he did not feel threatened when he began shooting. The lower court properly refused to provide a self-defense instruction, as there is no evidence it was necessary for defendant to protect himself. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: April 17, 2024, Case #: 12-23-00245-CR, Categories: Assault, Weapons, Self Defense