126 results for 'filedAt:"2023-09-22"'.
J. Murray finds that the lower court properly granted summary judgment in favor of a property owner in this case wherein a motorcycle driver alleges they were injured while navigating into the property for an estate sale. The trial court’s reasoning is supported by both the record and applicable legal authority. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: September 22, 2023, Case #: J-A20027-23, Categories: Evidence, Tort, Vehicle
J. Hyman finds that the lower court improperly ruled for Airbnb in a personal injury suit stemming from a man's permanent injury when a railing gave way on a porch deck of a home booked by a friend through the rental service. The man had nothing to do with booking the property on Airbnb, so the arbitration provision in the site's terms of service does not apply to him. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: September 22, 2023, Case #: 230356, Categories: Arbitration, Contract
J. Bright finds the lower court erroneously interpreted the easement on the strip of land running from the street to the waterfront as restricted to foot traffic, as the broad language included in the deed granted an open right-of-way without any limitation. Therefore, the owners of the adjacent property cannot section off the strip of land with a pedestrian gate upon the completion of the construction of their home and must allow the owners of the easement full access to the waterfront. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: September 22, 2023, Case #: AC45623, Categories: Property, Real Estate
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J. Albregts denies the city's motion to declare plaintiff a vexation litigant in her civil rights action brought on allegations that the Las Vegas Police Department is stalking her. She says that she was unlawfully arrested while living in Reno, and that when she moved to Las Vegas the police released her booking photo, in which she is bald due to alopecia, to embarrass her. She also claims that U-Haul lost her property and began working with Reno and Las Vegas police, which led to conspiracies involving her apartment management. Though she has shown a pattern of vexatious litigation, she is entitled to notice and hearing. She must show cause as to why she should not be declared a vexatious litigant.
Court: USDC Nevada, Judge: Albregts , Filed On: September 22, 2023, Case #: 2:23cv65, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, Police Misconduct
J. King grants the homeowners $1,000 in damages for Fair Debt Collection Practices Act violations and $4,800 in attorney fees for their complaint alleging that the collection agency threatened to file a lawsuit against them for not paying an alleged debt due to a dispute regarding door installation services on their home. The collection agency wrongfully contacted the homeowners on several occasions before 8 a.m., with the number of contact attempts qualifying as harassment.
Court: USDC Western District of Washington, Judge: King, Filed On: September 22, 2023, Case #: 2:21cv227, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Damages, Attorney Fees
Per curiam, the 11th Circuit finds that the district court properly upheld the Social Security Administration's denial of the individual's claim for disability insurance benefits and supplemental security income. The administrative law judge's earlier decision finding that the individual was not disabled was vacated by the appeals council and the judge was free to reconsider the individual's residual functional capacity on remand. Affirmed.
Court: 11th Circuit, Judge: Per curiam, Filed On: September 22, 2023, Case #: 22-12886, Categories: Social Security
J. Bryant grants the insurers' motion for summary judgment, ruling the undisputed evidence in the record proves the construction company failed to provide any justification for the 49 payments made on fraudulent bond claims, which entitles the insurers to more than $2.9 million in treble damages on the civil theft claim.
Court: USDC Connecticut, Judge: Bryant, Filed On: September 22, 2023, Case #: 3:21cv58, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Insurance, Damages
J. Komitee dismisses a New York City school teacher’s due process and equitable relief complaint alleging the city’s education department placed her on unpaid leave and ultimately terminated her employment after she refused to get a Covid-19 vaccination. The court finds her due process rights were not violated because there were several available options she could have pursued both prior to and after she was fired to contest the department’s decisions. The court also finds that her substantive due process claim alleging the department violated her right to refuse unwanted and medically unnecessary medical care also fails, as the Supreme Court has not recognized such a right under the U.S. Constitution.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: September 22, 2023, Case #: 1:21cv6833, NOS: Other Civil Rights - Civil Rights, Categories: Education, Due Process, Covid-19
J. Brown refuses to remand an insurance dispute, ruling complete diversity exists between the properly joined parties and, thus, the district court has jurisdiction.
Court: USDC Northern District of Texas , Judge: Brown, Filed On: September 22, 2023, Case #: 3:22cv2774, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction
J. McFarland denies the employer's motion to dismiss, ruling the employee's race discrimination and retaliation claims are based on federal law outside the scope of the collective bargaining agreement between the employer and the union and, therefore, are not preempted by the National Labor Relations Act or barred by the relevant statute of limitations.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: September 22, 2023, Case #: 1:23cv12, NOS: Fair Labor Standards Act - Labor, Categories: Preemption, Employment Discrimination, Labor / Unions
J. Ashe dismisses an employment discrimination suit against a now-retired New Orleans Criminal District Judge by a former secretary she fired for recording her conversation, allegedly at the direction of a human resources staffer for the court. The former subordinate reiterates sexual harassment and gender discrimination claims without referencing a constitutional violation as required by Title VII. The secretary alleged the judge gave her a suggestive gift at a Christmas party at the elected official’s home and asked her to spend the night with her and her husband.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: September 22, 2023, Case #: 2:23cv428, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Wright grants the corporation's motion to dismiss the former employee's action under the Minnesota Fair Labor Standards Act due to his failure to state a claim. The employee's motion for leave to amend is denied. The proposed second amended complaint fails to state claims under the Act against the corporation's counsel, its law firm and two executives. The employee also failed to allege a sufficient basis for invalidating agreements releasing the corporation and its agents or affiliates from liability for claims which do not fall under the Act.
Court: USDC Minnesota, Judge: Wright, Filed On: September 22, 2023, Case #: 0:22cv1922, NOS: Fair Labor Standards Act - Labor, Categories: Labor
J. Walsh affirms the dismissal of a bereaved mother’s lawsuit against a school district and a social worker for the suicide of her son, a high school student. The social worker’s failure to notify the student’s parents or conduct a risk assessment after his girlfriend reported to her that the boy was drinking alcohol and crying at school, and that she was concerned he would harm himself, are not affirmative acts and therefore legally can’t be considered causes of his suicide.
Court: Massachusetts Court Of Appeals, Judge: Walsh, Filed On: September 22, 2023, Case #: 22-P-775, Categories: Education, Negligence, Wrongful Death
J. Griggsby denies in part a cryptocurrency company's motion to dismiss allegations brought by the creator of its business model after he recruited a group of partners who ultimately pushed him out. Personal jurisdiction cannot be applied to the partners who do not reside in Maryland. However, the creator does successfully state a conversion claim as to the company's website and social media accounts under Utah law, where the creator lives.
Court: USDC Maryland, Judge: Griggsby, Filed On: September 22, 2023, Case #: 1:22cv1085, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Fiduciary Duty, Conversion
Per curiam, the Fifth Circuit finds the district court properly dismissed the Texas inmate's excessive force and sexual assault claims brought against prison officials. Though claims of inhumane conditions of confinement and deliberate indifference to medical needs survived preliminary screening, the cavity search at issue was not unreasonable. It lasted seconds, and so was not “unduly lengthy.” It was performed in the privacy of the inmate's cell and was not conducted in a “humiliating... manner.” That a pen was found in the inmate's waistband also supports reasonableness. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 22, 2023, Case #: 21-11239, Categories: Civil Rights, Police Misconduct, Prisoners' Rights
J. Cassel finds the trial court properly dismissed the department of correctional service's inmate's tort claim. The inmate filed separate cases alleging negligent medical care, one of which was removed to federal court, then remanded. The case was then dismissed as untimely, having not been filed within 6 months of the dismissal of an earlier, nearly identical case. The second instant case, which had been dismissed for failure to comply with presentment provisions, was remanded after the Nebraska Supreme Court found it to be in compliance. The trial court then found that both actions “alleged the same cause of action based on the same operative facts” and that the first resulted in a final judgment on the merits. The claim was properly dismissed as barred by claim preclusion. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: September 22, 2023, Case #: S-22-822, Categories: Tort, Due Process, Prisoners' Rights
J. Strickland grants the oil drilling company's motion to dismiss, ruling the worker's personal injury suit is barred by the three-year statute of limitations. The New Mexico savings statute, which grants a 6-month grace period, does not apply because the original action filed in Texas was also filed outside of that state's statute of limitations.
Court: USDC New Mexico, Judge: Strickland, Filed On: September 22, 2023, Case #: 1:22cv345, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Negligence
J. Keesler partially grants an ex-wife's motion to quash subpoenas of several attorneys to testify on her behalf after she alleged a separate law practice defrauded her out of $550,000 by persuading her to sign an amended alimony agreement in her divorce settlement. She is correct in arguing that only information pertaining to the marriage and divorce should be used by the attorneys, not any other personal information such as descriptions of her mental and emotional states. Relevant information is needed, so the subpoenas will not be quashed but modified.
Court: USDC Western District of North Carolina, Judge: Keesler, Filed On: September 22, 2023, Case #: 3:21cv387, NOS: Other Contract - Contract, Categories: Experts, Discovery, Legal Malpractice
J. Soto finds a lower court ruled correctly in finding defendant guilty of being a felon in possession of a firearm and in determining that he deserved a repeat offender enhancement on his sentence. Defendant raised a number of issues with the trial, including arguing that the state could not show that he owned a firearm found in a vehicle he was driving and that the initial vehicle search had not been lawful. The initial search was lawful because defendant was in the park after closing, violating a city ordinance, and when an officer confronted him, he noticed a “strong smell” of marijuana coming from the car, which defendant admitted to smoking. Defendant also never moved during trial to suppress evidence of the firearm found in his vehicle. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: September 22, 2023, Case #: 08-23-00112-CR, Categories: Drug Offender, Evidence, Firearms