136 results for 'filedAt:"2023-08-14"'.
J. Soto finds the Texas Health & Human Services Commission did not err in fining and revoking the license of a home healthcare company following a range of alleged regulatory violations. The company argued there was not adequate evidence to support this action, but the company “does not even address the merits of most of the violations,” and HHSC is “broadly empowered” to revoke licenses. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: August 14, 2023, Case #: 08-22-00223-CV, Categories: Administrative Law, Health Care, Due Process
J. Miskel finds that the lower court properly disposed of the appellant's quantum meruit and breach of contract claims, with the exception of his "contract claim for the commissions he earned in October 2019." Based on the parties' contract, the appellant "forfeited his right to receive any future commissions by voluntarily terminating his relationship" with the employer. The case is remanded accordingly. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: August 14, 2023, Case #: 05-22-00263-CV, Categories: Employment, Contract
J. Wicks enters judgment in favor of Mitsubishi on a Brooklyn-based dealership’s claims that alleged the Japanese car manufacturer wrongfully terminated its dealership agreement after discovering in a news article that the dealer had pled guilty to charges from the New York City Department of Consumer and Worker Protection and was fined $500,000 in civil penalties. The court finds the manufacturer was in its right to terminate the agreement and was subsequently under no obligation to consider or review the dealer's offer to sell the agreement to a third party.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: August 14, 2023, Case #: 2:22cv7328, NOS: Franchise - Contract, Categories: Contract
J. Wendlandt affirms the denial of a railroad company’s motion to dismiss prevailing wage claims brought against it by one of its employees. The company claims that the Interstate Commerce Commission Termination Act preempts the Prevailing Wage Act and that contractors who win bids to complete projects for Massachusetts don’t have to pay their employees prevailing wages if they are railroad companies, but this is not accurate.
Court: Massachusetts Supreme Court, Judge: Wendlandt, Filed On: August 14, 2023, Case #: SJC-13366, Categories: Employment, Preemption, Workers' Compensation
Per curiam, the Fifth Circuit finds the trial court properly granted Frito-Lay’s motion to dismiss this fraud suit arising from the participant in a sweepstakes promotion who was unable to claim the Xbox he won due to issues with the website. The sweepstakes participant did not specify the state of incorporation of Frito-Lay, Pepsi or Kroger in his complaint, failing to establish diversity jurisdiction. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 14, 2023, Case #: 22-60518, Categories: Fraud, Negligence, Jurisdiction
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J. Wood finds that the lower court properly refrained from reaching the federal constitutional issues in this suit over the superintendendant's refusal to provide bussing services to a Catholic school because there was another Catholic school in the same area that already received bussing services. The school prevailed on its state-law claims and cannot pressure the federal court into issuing an advisory opinion. Further, the school waived their requests for damages under state law in prior litigation, and parties must be held to their choices. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: August 14, 2023, Case #: 22-2786, Categories: Constitution, Education, Damages
J. Huffaker denies, in part, a city's motion to dismiss an advertising company's challenging the city's rejection of its six sign applications. The company has sufficiently alleged its claims based on the First Amendment, equal protection and state law facial challenges to certain sign code.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: August 14, 2023, Case #: 3:22cv612, NOS: Other Civil Rights - Civil Rights, Categories: Equal Protection, First Amendment
J. Weisman denies a wrongfully convicted man’s motion to name an additional expert in his case against Chicago and the Chicago police. The man, allegedly framed and wrongfully convicted for a double murder, wishes to have a police practices expert testify as part of his case, given the history of Chicago police framing individuals for crimes they did not commit. The court, however, finds that the man’s potential for success at trial would not be diminished by barring said expert, but that adding a new witness would disrupt the planned trial date.
Court: USDC Northern District of Illinois, Judge: Weisman, Filed On: August 14, 2023, Case #: 1:21cv1159, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Experts, Police Misconduct
J. Scarsi grants an employer's motion to dismiss a former employee's allegations of wage and hour violations. The employee has not offered any specific factual details about the hours she worked, the amount of wages she's owed, has not alleged a specific workweek when she was denied a meal or rest break, has not stated the date of her termination or the amount of the wages she expected.
Court: USDC Central District of California, Judge: Scarsi, Filed On: August 14, 2023, Case #: 2:23cv2802, NOS: Other Labor Litigation - Labor, Categories: Employment, Class Action
J. Copeland grants plaintiff dismissal of claims challenging her classification as an "individual with a seriously delinquent tax debt" because doing so will not cause the commissioner of internal revenue to suffer legal prejudice.
Court: U.S. Tax Court, Judge: Copeland, Filed On: August 14, 2023, Case #: 161-TC-2, Categories: Civil Procedure, Tax
J. Connolly partially reverses the district court's grant of summary judgment to the human services department and commissioner in the county-based Medicaid purchasers' suit against them seeking to halt the adoption of a managed-care procurement model in their counties. The department's procurement process violates two of the three purchasers' rights to participate in mediation, but not the third. Reversed in part.
Court: Minnesota Court Of Appeals, Judge: Connolly, Filed On: August 14, 2023, Case #: A22-1643, Categories: Administrative Law, Health Care, Medicaid
J. Kelly finds a lower court properly dismissed a police officer's whistleblower claims against a City. The police officer argued that the City fired him for exercising his free speech rights. However, the City terminated him for deleting video footage from his phone at the request of another officer, who clobbered a civilian passenger with a flashlight in a car with a driver who led them on a high- speed chase, in violation of the department's digital recording policy. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: August 14, 2023, Case #: 22-2533, Categories: Constitution, Employment, Whistleblowers
J. Dillon grants the supermarket's motion to compel arbitration for the defamation, false imprisonment and civil rights violation claims stemming from a family being accused of stealing despite having a receipt proving their innocence. The mother of the family works for an app contracted with Walmart to supply shopping and delivery services for retailers and consumers. To sign up to be a delivery driver, the mother signed a nondisclosure agreement that contains an arbitration provision.
Court: USDC Western District of Virginia, Judge: Dillon , Filed On: August 14, 2023, Case #: 7:22cv568, NOS: Other Civil Rights - Civil Rights, Categories: Arbitration, Civil Rights, Defamation
J. Watkins finds that the trial court properly ruled in favor of the driver's mother and the company in a negligence action brought by the passenger arising from injuries she suffered when the Jeep she was riding in flipped over. There was evidence showing that the 14-year-old driver did not have permission from the mother to drive the Jeep at the time of the accident. The mother's practice of leaving the keys in the vehicle was not evidence that she waived the rule requiring the driver to ask permission before driving. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: August 14, 2023, Case #: A23A1134, Categories: Negligence
Per curiam, the Fifth Circuit finds the three-judge disciplinary panel of the Northern District of Texas properly suspended attorney David Finn from practice, requiring that he provide proof of sobriety during that period. Finn failed to appear for sentencing of a client twice without notifying the court or client, explaining that he had a substance abuse problem and had checked himself into rehab. A prior non-suspension sanction had not changed the behavior, and Finn’s conduct persisted without remorse. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 14, 2023, Case #: 22-11092, Categories: Evidence, Attorney Discipline
J. Boulware Eurie finds that the trial court erred in upholding a state department of health approval of a non-governmental entity's application to distribute clean needles and syringes to IV drug users. The department did not adequately consult with local law enforcement or provide a 90-day public comment period. Reversed.
Court: California Courts Of Appeal, Judge: Bouwarie Eurie, Filed On: August 14, 2023, Case #: C095659, Categories: Administrative Law, Health Care
J. Hettel finds that the lower court properly found for the insurer in a declaratory judgment action over whether it had a duty to defend the homeowners' association in an underlying derivative suit. Res judicata bars the association's claims, as a prior case already determined that the insurer had no duty to defend. Affirmed.
Court: Illinois Appellate Court, Judge: Hettel, Filed On: August 14, 2023, Case #: 220089, Categories: Insurance, Contract
J. Willett finds the district court improperly dismissed this suit brought by the law firm whose contracts with the county were terminated after the election changed the composition of the county board of supervisors. The law firm seeks a fixed sum for the full year, per its contracts. Though the district court reasoned that nothing authorized the old board to bind the new one, the statute which empowers the board to contract “by the year” for legal counsel gave the old board “express authority” to bind the new board. Reversed and remanded.
Court: 5th Circuit, Judge: Willett, Filed On: August 14, 2023, Case #: 22-60457, Categories: Municipal Law, Contract
J. Whitehurst holds that a Louisiana student has “more than diligently” attempted to serve a lawsuit filed in 2021 on a French national who continues to evade service and criminal charges on allegations that he raped her on a college retreat. The lower court ruling makes “no findings or conclusions” regarding the woman’s request for reconsideration of a district judge’s recent order denying her request for default judgment against the rape suspect. The alleged victim has properly served the French fugitive either by mail or by email.
Court: USDC Western District of Louisiana , Judge: Whitehurst, Filed On: August 14, 2023, Case #: 6:21cv430, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Civil Procedure, International Law, Assault
J. Wilson dismisses the author’s claim that Amazon changed the plot of its prequel show “Rings of Power” based on the author’s book, “The Fellowship of the King,” which was an unauthorized sequel to J.R.R. Tolkien’s “Lord of the Rings” series. The author’s product is an unauthorized derivative work, and thus not protected by copyright. Tolkien’s grandson denied the author’s requests to grant him license to make his book an official sequel to Tolkien’s fantasy trilogy. Also, the author does not identify any of his newly created characters that supposedly appeared in the “Rings of Power.”
Court: USDC Central District of California, Judge: Wilson, Filed On: August 14, 2023, Case #: 2:23cv2831, NOS: Copyrights - Property Rights, Categories: Copyright