J. Walker finds that the district court properly rejected a corrections official's renewed claims of qualified immunity when he ignored precedent establishing that post-release supervision cannot be imposed administratively. However, remittal is required for the narrow question of whether the inmate is entitled to compensatory damages since the usual options of resentencing or excising the post-release term were not available following completion of the sentence. Affirmed in part.
Court: 2nd Circuit, Judge: Walker, Filed On: March 23, 2023, Case #: 21-22, Categories: Immunity, Damages
J. Aarons finds that the lower court properly convicted defendant based on his guilty plea to rape and selling marijuana. Defendant's sentence was not harsh given the seriousness of the underlying actions, and he failed to preserve claims contending the court considered improper information. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: March 23, 2023, Case #: 111298, Categories: Drug Offender, Sentencing, Plea
Per curiam, the appellate division finds that attorney Sue-Ellen Cassiana Fernandes may be reinstated following her October 2021 suspension because Fernandes demonstrated that she complied with the suspension order and possessed the character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 23, 2023, Case #: PM-62-23, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Rebecca Bernice Flatow may be reinstated following her September 2022 suspension because Flatow demonstrated she complied with the suspension order and possessed the character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 23, 2023, Case #: PM-63-23, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Alfred Tallakson may be reinstated following his September 2022 suspension because Tallakson demonstrated he complied with the suspension order and possessed the character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 23, 2023, Case #: PM-68-23, Categories: Attorney Discipline
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Per curiam, the appellate division finds that attorney Diane Nhi Tran may be reinstated following her September 2022 suspension because Tran demonstrated she complied with the suspension order and possessed the character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 23, 2023, Case #: PM-66-23, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Yang Wan may be reinstated following his May 2019 suspension because Wan demonstrated that he complied with the suspension order and possessed the character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 23, 2023, Case #: PM-61-23, Categories: Attorney Discipline
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by masturbating in the shower while trying to make eye contact with a female console officer based on the misbehavior report and hearing testimony. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 23, 2023, Case #: 535251, Categories: Prisoners' Rights
J. Boone recommends granting, in part, the employers’ ex parte application to modify the scheduling order and schedule witness depositions in a labor class action. The employer has shown good cause to extend the deadlines and the requested depositions are relevant.
Court: USDC Eastern District of California, Judge: Boone, Filed On: March 23, 2023, Case #: 1:19cv484, Categories: Civil Procedure, Discovery, Labor
J. Van Tatenhove finds for U.S. defendants in civil rights claims contending plaintiffs' alcohol license had been revoked for criticizing Kentucky Governor Andrew Beshear online. However, the license had been revoked a full two years after plaintiffs starting posting the comments, and the U.S. presented multiple valid reasons for the license to be revoked.
Court: USDC Eastern District of Kentucky, Judge: Van Tatenhove, Filed On: March 23, 2023, Case #: 3:22cv16, Categories: Constitution, Licensing, Immunity
J. Guidry dismisses the appeal challenging a partial summary judgment granted in sinkhole litigation because it is not a final appealable judgment.
Court: Louisiana Court Of Appeal, Judge: Guidry, Filed On: March 23, 2023, Case #: 2022CA1040, Categories: Civil Procedure, Jurisdiction
J. Christopher finds that the trial court improperly denied the city's plea to the jurisdiction in a fired probationary employee's whistleblower suit alleging retaliation for complaining about the city's failure to use telecommuting to slow the spread of Covid-19. The employee did not give fair notice to the city that she was challenging her termination. Reversed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: March 23, 2023, Case #: 14-22-00024-CV, Categories: Immunity, Jurisdiction, Employment Retaliation
J. Honeywell grants the bank's motion to dismiss this complaint alleging malicious prosecution brought by a man who was owner of multiple businesses involved in an alleged fraudulent scheme. There was extensive probable cause for the bank to bring the charges against the business owner.
Court: USDC Middle District of Florida, Judge: Honeywell, Filed On: March 23, 2023, Case #: 8:17cv2701, Categories: Fraud, Malicious Prosecution, Banking / Lending
J. Whitener finds that the driver being sued over an auto accident is entitled to summary judgment. The accident happened when the driver was behind the wheel of a car owned by her employer, a government agency. The other person in the accident sued both the individual and her employer. Local governmental entities must be provided notice of an alleged claim within 60 days. This law applies when an employee is being sued in their individual capacity, even when acting under the scope of their job. The law was not complied with here.
Court: Washington Supreme Court, Judge: Whitener, Filed On: March 23, 2023, Case #: 99823-0, Categories: Civil Procedure, Government, Tort
J. Hamilton finds in favor of a former employee of Cisco after the company claimed the employee had downloaded and copied company documents before going to work for one of Cisco's competitors, Poly. Cisco is relying on speculation that Poly has used the information from those documents or is gaining value from them, but no evidence on the record backs those speculations up. And trade secret claims based only on "allegations of possible future injury" are not strong enough to pass muster.
Court: USDC Northern District of California, Judge: Hamilton, Filed On: March 23, 2023, Case #: 4:19cv7562, Categories: Trade Secrets
J. Thrash denies the employees' motion for class certification in an action under the Fair Labor Standards Act and Arkansas Minimum Wage Act alleging that the employers' payroll system improperly rounded the time they worked in a manner which undercompensated them. Even if the employees offered evidence of unlawful rounding of their time punches, the evidence would not necessarily show that the class members were actually working during the rounded time. Each putative class member would require individualized proof showing whether they were actually working when their time was rounded. The employees therefore failed to establish predominance to support class certification.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: March 23, 2023, Case #: 1:22cv2530, Categories: Class Action, Labor
Per curiam, the Florida Supreme Court finds that the propsed amendments to the Florida Rules of General Practice regarding the use of service animals and emotional support animals is approved with modifications. The changes become effective on July 1, 2023.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: March 23, 2023, Case #: SC22-1277, Categories: Judiciary
Per curiam, the circuit finds the district court properly affirmed the special education officer's finding in favor of the school district in this dispute alleging it did not provide the learning-disabled third grader with an appropriate education. Variations in the child's education plan, implemented due to behavioral issues, led to claims the school district did not properly address the issues in designing its plan. Certain incidents resulted in injuries to others, and the involved teachers and officers properly applied de-escalation and restraint techniques. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 23, 2023, Case #: 22-10443, Categories: Education, Health Care
J. Sands grants the government's motion to dismiss the individual's negligence, assault, battery and emotional distress action against the Immigration and Customs Enforcement Agency and the detention center under the Rehabilitation Act arising from injuries she allegedly suffered while detained. The individual claimed that she received no medical treatment after guards dragged her into a punishment cell in retaliation for her participation in a video call alerting another detainee's family to the facility's lack of Covid-19 safety precautions. The individual failed to allege sufficient facts to state a claim under the Federal Tort Claims Act against the government or ICE.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: March 23, 2023, Case #: 7:22cv39, Categories: Ada / Rehabilitation Act, Negligence, Emotional Distress
J. Moore grants the artists motion for a temporary restraining order in this copyright infringement complaint. The Indian corporation is prohibited from copying, displaying or distributing the artists work. Furthermore, the company is prohibited from transfering ownership of its e-commerce stores pending this litigation.
Court: USDC Southern District of Florida, Judge: Moore, Filed On: March 23, 2023, Case #: 1:21cv20589, Categories: Copyright, Restraining Order
J. Tijerina finds that the lower court properly granted the city manager's dismissal motion pursuant to the Texas Tort Claims Act. The former public works director sued the city manager for slander per se and intentional infliction of emotional distress, in connection with statements allegedly made by the city manager regarding the director's termination. However, the city manager was "fulfilling his job duties," which included "seeing that all laws are complied with" and "supervising all department heads." Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: March 23, 2023, Case #: 13-21-00166-CV, Categories: Employment, Defamation, Emotional Distress
J. Williams finds that the lower court properly terminated the parental rights of the father. Contrary to the father's argument on appeal, the evidence supports the finding that termination is in the child's best interest. The father failed to fully comply with his service plan, and he also tested positive for methamphetamine during the case. Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: March 23, 2023, Case #: 11-22-00287-CV, Categories: Evidence, Family Law
J. VanMeter finds that a seller did not have a security interest in a horse because the thoroughbred horse, which had valuable breeding rights, was a farm product under the food security act. Affirmed.
Court: Kentucky Supreme Court, Judge: VanMeter, Filed On: March 23, 2023, Case #: 2021-SC-0561-DG, Categories: Agriculture, Contract
J. Hendrix finds for a bank on an insurance company's claims it is entitled to a defaulting third-party's accounts receivable, which had allegedly been placed in a trust for the insurer. The language of the trust provision and agreement does not show an intent to create a trust, whereas the bank has a superior security interest in the accounts receivable at issue.
Court: USDC Northern District of Texas , Judge: Hendrix, Filed On: March 23, 2023, Case #: 1:21cv151, Categories: Bankruptcy, Trusts, Banking / Lending
J. Zilly denies the automobile accessories manufacturer's motion to preclude the aftermarket auto parts company and the auto accessories company from asserting invalidity defenses for the manufacturer's claim that the aftermarket company infringed on its two patents. The manufacturer does not successfully argue that there is inconsistency between the other two companies' earlier contentions about "why a stay pending the PTAB’s determinations would conserve judicial resources and their current efforts to challenge the patents-in-suit based on arguments not raised in the IPR proceedings."
Court: USDC Western District of Washington, Judge: Zilly, Filed On: March 23, 2023, Case #: 2:20cv278, Categories: Civil Procedure, Trademark
J. Keller finds that the lower court properly held that a total knee replacement was compensable following a work injury because the employee had not had knee problems prior to the work injury. Affirmed.
Court: Kentucky Supreme Court, Judge: Keller, Filed On: March 23, 2023, Case #: 2022-SC-0119-WC, Categories: Workers' Compensation
J. Berg denies an auto manufacturer summary judgment in class claims contending trucks emitted pollution at levels exceeding federal and state emissions standards because plaintiffs' experts plausibly demonstrated they had not been sold "clean diesel" trucks as advertised.
Court: USDC Eastern District of Michigan, Judge: Berg, Filed On: March 23, 2023, Case #: 4:16cv14024, Categories: Fraud, Class Action
J. Chambers denies, in part, the individuals' motion to dismiss the exonerees' civil rights lawsuit in connection with their now-overturned 2008 murder convictions. They have plausibly pleaded a Brady violation pertaining to one individual, and their intentional infliction of emotion distress claim is timely.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: March 23, 2023, Case #: 3:22cv203, Categories: Civil Rights, Emotional Distress, Police Misconduct
J. Rath grants an insurance company's motion to dismiss experts' testimony regarding fire damage. Although the curriculum vitae was submitted, they failed to submit the exhibits they would use in the trial, as required.
Court: USDC Southern District of Mississippi , Judge: Rath, Filed On: March 23, 2023, Case #: 2:22cv5, Categories: Insurance, Damages, Experts
[Amended.] J. Navarro grants the joint motion for approval of class settlement in this suit alleging the casino required employees to participate in the slot machine department's tip pool with managers and supervisors in violation of labor standards. Attorney fees are found to be reasonable, though the court will require analysis of payments relative to the settlement, actions taken to protect class interests, class benefits from those actions and the time and effort expended. The incentive award will be modified accordingly.
Court: USDC Nevada, Judge: Navarro , Filed On: March 23, 2023, Case #: 2:20cv453, Categories: Employment, Class Action, Labor
