161 results for 'filedAt:"2023-06-13"'.
J. Duncan finds the district court properly dismissed the employee’s retaliation and age discrimination suit for failure to state a claim. The employee’s complaint fails to allege facts that could show a causal link between any protected activities and the alleged adverse actions. No facts were alleged suggesting that those responsible for hiring decisions knew about grievances previously filed by the employee. Any events of failure to promote were also temporally remote from protected activity. Affirmed.
Court: 5th Circuit, Judge: Duncan, Filed On: June 13, 2023, Case #: 22-20586, Categories: Employment Discrimination, Employment Retaliation
J. Bishop finds the trial court properly convicted defendant, by no contest plea, for operating a motor vehicle in a willful reckless manner and evading. Defendant was pursued by several police cruisers with sirens and light activated, at speeds of up to 100 mph, causing accidents, and he had children in the vehicle. Despite defendant’s lack of education, as well as his mental health, substance issues and his criminal history supports the sentence of 18 months in prison. The court committed plain error by failing to order the revocation of defendant’s license. Affirmed as modified
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: June 13, 2023, Case #: A-22-842, Categories: Sentencing, Escape, Vehicle
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J. Welch finds the trial court properly convicted defendant for sexual assault and felony child abuse on the 14-year-old victim’s accusations and after rejecting a plea offer. The victim met defendant while skateboarding, and over the next several weeks was often treated to alcohol and drugs before defendant eventually sexually assaulted him. Texts shared between the victim and defendant, witnessed by the victim’s mother, support conviction. Though defendant watches “a lot of Law and Order” and feels like “everyone is against him,” the court properly observed nothing to suggest that representation was insufficient. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: June 13, 2023, Case #: A-22-632, Categories: Evidence, Sex Offender, Child Victims
J. Peterson finds for the city and police detective in a citizen's lawsuit claiming he was falsely arrested without probable cause after an incident in which a woman he claims pressured him to have sex with her demanded he pay her for it, forced him to drive to an ATM at knifepoint and stabbed him when he tried to run away in a gas station parking lot. Though the two subjects' stories differed on key details, the detective made reasonable judgments about the credibility of the citizen and the woman when he arrived at the violent scene at the gas station and ultimately arrested the woman for armed robbery and other charges and arrested the citizen on a prostitution charge, particularly given the woman's self-incriminating statements establishing that the citizen had paid her for sex. Because the detective is shielded by qualified immunity, summary judgment is granted to him and the city and the case is closed.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 13, 2023, Case #: 3:21cv817, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
J. Rushing finds the lower court properly dismissed the professor's First Amendment claims. The university disciplined the psychology professor after allegedly creating a hostile environment that led to four female students reporting him for sexual harassment after he told them explicit stories about his personal sexual experiences, made explicit remarks, and asked intimate questions about their sex lives. His sanctioned speech primarily involved casual, interpersonal interactions with students about private sexual matters that the professor does not plausibly connect to a larger public discourse or matter of public concern. Affirmed.
Court: 4th Circuit, Judge: Rushing, Filed On: June 13, 2023, Case #: 20-1509, Categories: Education, Due Process, First Amendment
J. Davis finds for the bidding company in this pre-award bid protest for a contract for shelf stocking and custodial services at the Dover air force base commissary because the defense commissary agency abused its discretion by removing the bid from consideration without giving the company an opportunity to clarify an error.
Court: Court of Federal Claims, Judge: Davis, Filed On: June 13, 2023, Case #: 23-253, Categories: Contract
J. Lange grants an organization's motion for a preliminary injunction to restrain government officials from enforcing a "limited public use policy" which restricted petition circulators to "designated areas" apart from the entrances to the Minnehaha County government buildings. The preliminary injunction restrains defendants from enforcing the policy while the matter is pending.
Court: USDC South Dakota, Judge: Lange, Filed On: June 13, 2023, Case #: 4:23cv4075, NOS: Other Civil Rights - Civil Rights, Categories: Elections, First Amendment
J. Schroeder denies, in part, a university's motion to dismiss an individual's claims related to the school's decision not to hire her as a fencing coach. She has sufficiently pleaded allegations to support her claim for discrimination and retaliation based on the school's attempt to blackball her due, in part, to the fact she is a sexual assault victim and whistleblower.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: June 13, 2023, Case #: 1:22cv513, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination, Whistleblowers, Employment Retaliation
Per curiam, the appellate division denied a challenge to the commission's conditional approval of a development of a building in the Brooklyn Academy of Music Historic District as premature. The commission did not issue a final certificate of appropriateness. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 13, 2023, Case #: 03208, Categories: Zoning
J. Palafox denies motions for rehearings from both parties following a dispute between a resident and a condominium association over allegedly unpaid fees that resulted in a foreclosure judgment against the resident. However, the lower court did err in granting no-evidence summary judgment against the resident after he argued he had stopped paying fees because the condominium breached its duty to him by not performing repairs. While this alleged lack of repairs did not excuse defendant from paying fees, it did nonetheless provide him with his own valid cause of action. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: June 13, 2023, Case #: 08-21-00057-CV, Categories: Housing, Foreclosure, Contract
J. Cannataro finds that the appellate division improperly dismissed negligent supervision and retention claims contending a charitable foundation had been defrauded of $25 million by the employee of an investment adviser. At the pleading stage, the complaint adequately alleged the adviser was on notice of the employee's propensity for fraud, which included embezzling from the firm itself prior to working with the foundation, and a customer relationship was not necessary to bring negligent supervision claims. Reversed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: June 13, 2023, Case #: 52, Categories: Fraud, Negligence
J. Kerrigan denies taxpayers attorney fees and administrative costs in this liability dispute because the commissioner of internal revenue was justified in asserting they were liable for the tax.
Court: U.S. Tax Court, Judge: Kerrigan, Filed On: June 13, 2023, Case #: 2023-70, Categories: Tax
J. Weiler finds that the IRS office of appeals properly upheld notice of federal tax lien for unpaid tax liability for 2018 because evidence indicated the taxpayers were not entitled to an installment agreement.
Court: U.S. Tax Court, Judge: Weiler, Filed On: June 13, 2023, Case #: 2023-69, Categories: Tax
J. Richard Nelson largely denies the cleaning chemical manufacturer's motion for summary judgment and denies its motion to exclude expert testimony in a suit alleging that its disinfectant caused lung issues among its users, including the plaintiff hospital cleaner. One claim for strict liability based on a manufacturing defect is dismissed, since dismissal is unopposed. Product-liability claims based on a design defect and failure to warn survive, as do negligence, breach of express and implied warranty, intentional and negligent misrepresentation and fraudulent concealment claims.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: June 13, 2023, Case #: 0:20cv1806, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Experts
J. Davies finds a lower court properly dismissed an estate administrator's personal injury claims against a hospital. The estate administrator argued that he is entitled to relief after a neurosurgeon injured his father's spinal cord during surgery, which resulted in his eventual death. However, the hospital presented sufficient evidence in court that neurosurgical experts made the decision to move ahead with surgery based on his unbearable pain and discomfort, and that there was no alternative treatment. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Davies, Filed On: June 13, 2023, Case #: CA-2022-579, Categories: Health Care, Wrongful Death
J. McAuliffe recommends granting, in part, an individual’s motion for default judgment on her ADA claims against a Mexican restaurant. The disabled individual sufficiently pleaded the restaurant violated the Act based, in part, on allegations it lacked accessible parking, its tables were inaccessible and its service window was too high.
Court: USDC Eastern District of California, Judge: McAuliffe, Filed On: June 13, 2023, Case #: 1:22cv643, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act
J. Colloton finds a lower court properly sentenced a defendant to 96 months in prison after he pleaded guilty to unlawful possession of a firearm as a convicted felon. The defendant argued that the lower court violated sentencing rules by miscalculating his base offense. However, the defendant has a prior conviction of a crime of violence. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: June 13, 2023, Case #: 22-2605, Categories: Firearms, Sentencing
J. Benton finds a lower court improperly entered a default judgment on a defendant who was caught with $34,918 in his car, which was located by police officers during a traffic stop. The government argued that the defendant refused to answer special interrogatory questions concerning the defendant's claims that he and his friend pooled the money together in order to gamble in Las Vegas. However, the defendant presented sufficient evidence in court that he provided a "firmly established" answer as to where the money came from, and that it belonged to him. Reversed.
Court: 8th Circuit, Judge: Benton, Filed On: June 13, 2023, Case #: 22-3007, Categories: Evidence, Sanctions
J. Doyle finds that the trial court properly denied the forfeiture petition and correctly found that forfeiture of the individual's vehicle was excessive. There was evidence to support the valuations for the vehicle and the trial court did not commit any error in finding that the individual's guilty plea to possession of methamphetamine and three-year probation sentence did not warrant forfeiture. The vehicle was not necessary for the individual to possess meth. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 13, 2023, Case #: A23A0268, Categories: Forfeiture
J. Estudillo denies the family's motion to exclude two paragraphs from the prison healthcare service's expert's report as part of the family's lawsuit alleging that the prison healthcare service did not maintain adequate suicide prevention practices, leading to the death of the inmate. The expert's opinions in the paragraphs at question are based on the review of enumerated records and the information he had about the hiring process, so they are sufficiently based in facts and data.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: June 13, 2023, Case #: 3:21cv5800, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Experts
J. Gonzalez dismisses with prejudice a former L’Oreal vice president’s employment discrimination lawsuit brought against the beauty company claiming age discrimination, fraudulent inducement, negligent misrepresentation and breach of contract. He fails to allege that the company acted with discriminatory animus when it offered him a contractor arrangement in exchange for early retirement, to which he willingly agreed.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: June 13, 2023, Case #: 1:22cv427, NOS: Other Contract - Contract, Categories: Fraud, Employment Discrimination, Contract