168 results for 'filedAt:"2023-09-20"'.
J. Cooper refuses to dismiss a nonprofit watchdog's petition for review of the Federal Election Commission's dismissal of its case against American Action Network, which the nonprofit claims is an unregistered political committee. The nonprofit has standing to sue and the action is timely, but the case must be stayed during the pendency of its related appeal before the D.C. Circuit of the district court's dismissal of its citizen suit against AAN.
Court: USDC District of Columbia, Judge: Cooper, Filed On: September 20, 2023, Case #: 1:22cv3281, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Elections
J. Aenlle-Rocha grants the lessee $119,200 in attorney fees as the prevailing party in the various companies' appeals of the Bankruptcy Court’s order granting the lessee’s motion to assume the lease and sublease of four floors and a basement of a central Lose Angeles property. The lessee’s requested hourly rates for its attorneys are reasonable because they are skilled lawyers whose hourly rates reflect their knowledge and quality of service, and the lessee provides copies of its attorneys’ billing records to prove it.
Court: USDC Central District of California, Judge: Aenlle-Rocha, Filed On: September 20, 2023, Case #: 2:20cv10656, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Property, Attorney Fees
[Consolidated.] J. Miller finds that the trial court properly denied the father's motion for contempt against the mother. The father did not buy a plane ticket for the child and the child therefore had no way to travel to see him. The father was responsible for costs associated with the children's visits under the parenting plan. The trial court incorrectly found the father in contempt of the final judgment in the divorce case because he was not properly served with process in Florida. The father presented evidence showing that the process server had not been appointed as a process server in Duval County, Florida. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: September 20, 2023, Case #: A23A0869, Categories: Contempt, Family Law
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J. Mahan grants the city's motion for summary judgment in this civil rights suit brought by the estate of a man who was fatally shot by the city's SWAT team after he refused to surrender during negotiations regarding his brandishing and firing of a handgun. Expert testimony shows that the man displayed active resistance to officers' requests and directions, putting the public in danger. It is undisputed that he fired at least one round in the middle of a park, telling a witness “it’s gonna [sic] get bad around here.”
Court: USDC Nevada, Judge: Mahan , Filed On: September 20, 2023, Case #: 2:20cv1542, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. Saylor partially grants both parties' motions for summary judgment in the woman's product liability lawsuit alleging that the medical technology company's device, a vena cava filter, fractured after being implanted in her. Even though the device's instructions for use indicated that it is meant to be used as a permanent device, the woman fails to provide substantial evidence that the surgeon who implanted it specifically relied on that statement. However, the fact that she consented to the procedure does not mean she was made aware of its risks.
Court: USDC Massachusetts, Judge: Saylor, Filed On: September 20, 2023, Case #: 1:19cv11911, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability, Technology
J. Collins finds that the district court properly entered defendant's conviction under the Federal Food, Drug, and Cosmetic Act (FDCA) for shipping misbranded drugs. Defendant claims that the lower court was incorrect in concluding that the charged offense did not require proof that he knew that the drugs he shipped were misbranded. The text of the various provisions of the FDCA at issue does not contain any language that imposes a knowledge of wrongdoing requirement. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: September 20, 2023, Case #: 22-30048, Categories: Evidence
J. Virden finds the Arkansas Board of Review properly required the worker to repay unemployment-compensation benefits. The overpayment was a result of a final disqualifying determination finding that the worker was not able and available to work, not due to agency error. There is substantial evidence to support the findings. The Board also found that the worker was not at fault in causing the overpayment, which meets the first prong of the Federal Pandemic Unemployment Compensation-waiver analysis. This question is remanded for findings as to whether repayment of the FPUC benefits would be contrary to equity and good conscience. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: September 20, 2023, Case #: E-22-362, Categories: Employment, Covid-19, Labor
J. Schlegel finds that the workers' compensation court improperly calculated an injured painter's average weekly wage to include overtime hours in determining his temporary total disability benefits. Statute provides that if the "employee is employed for forty hours or more," then the average weekly wage is the average of the actual hours worked in the four full weeks prior to the accident, or 40 hours, whichever is greater. In this case, the painter only worked two full weeks before injuring himself and should not have been awarded penalties because the employer properly calculated his average weekly work week. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: September 20, 2023, Case #: 22-CA-575, Categories: Contract, Workers' Compensation
J. Gladwin finds the trial court properly found in favor of certain individuals associated with the trucking company in this suit brought by drivers who allegedly suffered serious injuries when their vehicle collided with a tractor-trailer when changing lanes to avoid two other collisions. The drivers failed to offer proof that their injuries were proximately caused by the other motorists’ alleged negligence. Because of conflicting airbag module data, certain aspects of the summary judgment granted in favor of the truck driver and his employer are reversed and remanded. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: September 20, 2023, Case #: CV-20-549, Categories: Tort, Vehicle, Damages
J. Moeller finds that the trial court properly granted defendant's motion to compel the production of video and police reports of prior searches performed by a police dog that alerted to drugs in her vehicle. The records were material to a defense challenging the reliability of the dog's performance in the field and the state did not show that producing the records was unduly burdensome. And the police work in conjunction with the prosecution, so police records are effectively within the prosecutor's possession, control and custody. Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: September 20, 2023, Case #: 50078, Categories: Drug Offender, Search, Discovery
J. Jacquot finds the trial court properly convicted defendant of criminal mischief. “The state’s evidence was insufficient for the jury to find that defendant caused damages exceeding $1,000.” Reversed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: September 20, 2023, Case #: A176654, Categories: Evidence
J. McFadden finds that the trial court properly convicted defendant of armed robbery and fleeing a police officer. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant was apprehended while driving one of the victims' stolen cars only 12 minutes after the robbery. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance in light of the strong evidence of his guilt. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: September 20, 2023, Case #: A23A0821, Categories: Ineffective Assistance, Robbery
J. Emas finds partially in favor of the citizen in his lawsuit against the towing company over the towing, storage and ultimate sale of his car by a state agency. The trial court's summary judgment order in favor of the towing company is upheld as to the claim under Florida law related to giving notice about the sale of impounded cars, but the trial court is reversed as to the civil theft claim and claim under the Florida Deceptive and Unfair Trade Practices Act because it did not address these claims on the record in its decision as required. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: September 20, 2023, Case #: 22-0915, Categories: Civil Procedure, Tort, Vehicle
J. Lagesen finds the juvenile court properly added six additional bases for dependency jurisdiction over a father’s son. “Father’s assignments of error are not preserved, and the alleged errors are not plain.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: September 20, 2023, Case #: A180786, Categories: Family Law
J. Jones finds the district court improperly upheld the federal government’s novel theory of liability alleging that Mississippi's entire mental health care system violates the “integration mandate” of the Americans with Disability Act, which requires services to be administered "in the most integrated setting appropriate to the needs of... individuals with disabilities.” The district court ordered sweeping changes to Mississippi's system, indefinitely appointing a monitor who, along with the federal government and the court, would oversee the system. The scope of the injunction requires more than what is necessary to comply with regulations, and so is an abuse of discretion. Reversed.
Court: 5th Circuit, Judge: Jones, Filed On: September 20, 2023, Case #: 21-60772, Categories: Ada / Rehabilitation Act, Government, Health Care
J. Partida-Kipness finds that the lower court properly granted the university's plea to the jurisdiction in this suit brought by a former student in the family nurse practitioner program. There was no error in granting the university's motion as to the student's tort claims, which were barred by sovereign immunity. The student also fails to show that "a contract was created." Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: September 20, 2023, Case #: 05-22-00207-CV, Categories: Education, Jurisdiction, Contract
J. Ezra declines to dismiss the gun store owner's complaint alleging that the Bureau of Alcohol, Tobacco, Firearms and Explosives' recent "official guidance on how to implement" the Gun Control Act of 1968 violated the Second Amendment as well as the Gun Control Act itself. Specifically, the man argues that the guidance could hold him liable for "non-willful actions" such as "inadvertent paperwork errors," which would result in the revocation of his license. The man has standing and is "not challenging a hypothetical policy but a final agency action," and therefore dismissal is not appropriate at this time.
Court: USDC Western District of Texas , Judge: Ezra, Filed On: September 20, 2023, Case #: 1:22cv1063, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Agency, Firearms
J. Brown finds the circuit court properly entered the divorce decree, denying the husband's motion for a new trial. In the complaint, the wife indicated that she was seeking divorce based on general indignities. She stated that her husband “has severe anger issues which he takes out on [her] and the... children by yelling and screaming...,” that he had threatened physical harm to her family, and that she and the children were in danger. The husband has failed to develop his argument against this, which is limited to three sentences accompanied by citations. However, the court failed to dispose of his counterclaim in the order granting the wife's request for fees, and so the counterclaim is still pending. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: September 20, 2023, Case #: CV-21-618, Categories: Family Law, Attorney Fees
J. Simon dismisses the former employee's religious discrimination claim from her complaint alleging that the university denied her a religious exemption from the Covid-19 vaccine, leading to her termination. The former employee does not provide authority to support her argument that the university's process to evaluate religious exemptions is discriminatory or that it is intended to convince employees that their religious beliefs are insincere.
Court: USDC Oregon, Judge: Simon, Filed On: September 20, 2023, Case #: 3:22cv1250, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Dooley grants Amazon's motion for summary judgment, ruling the labor claims filed by the class of warehouse employees must be dismissed because time spent in security lines before and after their shifts is not indispensable to the performance of their jobs and, therefore, is not compensable work under the Fair Labor Standards Act.
Court: USDC Connecticut, Judge: Dooley, Filed On: September 20, 2023, Case #: 3:21cv1152, NOS: Other Labor Litigation - Labor, Categories: Class Action, Labor
J. Sweet denies the contractor’s appeal of the Army Corps of Engineers’ request that it add a thicker polyurethane foam insulation to arch-span structures constructed at Camp Hero East, Afghanistan. The contract required that the foam limit flame-spread and smoke-development and have a thermal barrier, complying with International Building Code. The Corps did not direct the contractor to perform work not required under the contract, or enlarge its performance requirements, so there was no constructive change.
Court: Armed Services Board Of Contract Appeals, Judge: Sweet, Filed On: September 20, 2023, Case #: 62124, Categories: Construction, Military, Contract