115 results for 'filedAt:"2023-10-17"'.
J. Kim finds partially in favor of pretrial detainees at a San Bruno jail over claims that they were deprived of access to direct sunlight. While the detainees cannot prevail on their claims that they were subjected to unfair cell schedules as a result of Covid-19, their Fourteenth Amendment rights were violated by not being provided sunlight opportunities. The jail is ordered to begin providing sunlight options to the detainees every day for at least 15 minutes.
Court: USDC Northern District of California, Judge: Kim, Filed On: October 17, 2023, Case #: 3:19cv2724, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Marcus finds that the 11th Circuit lacks jurisdiction to consider whether the district court properly ruled in favor of the employer and the company on claims brought by the former employee alleging violations of the Florida Public Whistleblower Act, the False Claims Act and the Florida Private Whistleblower Act. The district court refused to find in favor of the employer and company on a claim for tortious interference with business relations. The ex-employee alleged that she was fired for reporting to the employer and company that the company's prison pharmacies were incorrectly logging a drug used to treat Hepatitis C as a narcotic. The district court's order did not dispose of all of the ex-employee's claims against the company. The tortious interference claim remains open and overlaps with the dismissed counts, therefore there is no final judgment for the 11th Circuit to review with respect to the company.
Court: 11th Circuit, Judge: Marcus, Filed On: October 17, 2023, Case #: 21-14214, Categories: Jurisdiction, Whistleblowers, Employment Retaliation
J. Barnes finds that the trial court properly granted the district attorney's motion to dismiss an action brought by the mother and daughter seeking an order declaring that Georgia's Living Infants Fairness and Equality Act is unconstitutional. The law prohibits abortions after a fetal heartbeat can be detected. The mother and daughter lacked standing to prospectively challenge the constitutionality of the Act because they failed to show that they have suffered an actual, particularized injury resulting from the statute. Neither the mother or the daughter was pregnant when the action was filed and any alleged harm to them as a result of the Act was hypothetical. Affirmed.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: October 17, 2023, Case #: A23A1607, Categories: Civil Rights, Health Care
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J. Pepper grants the caregiver and assisted living facility's motion for preliminary approval of a collective and class settlement in the caregiver's lawsuit seeking unpaid overtime wages. The proposed collective and class of employees who received bonuses and worked overtime between January 26, 2019, and December 29, 2021, are certified, and the proposed settlement of at most $48,827 plus another $42,311 comprising a service award and attorney fees is preliminarily approved.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: October 17, 2023, Case #: 2:21cv108, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
J. Leinenweber denies a Mexican airline’s motion for leave to take a second deposition on this negligence case brought by a survivor of a 2018 airplane crash. The survivor was on the plane headed from Durango, Mexico, to Chicago and she suffered multiple physical and emotional injuries when the airline’s plane crashed shortly after takeoff, including a brain injury. The court grants the survivor’s motion to quash the airline’s subpoena seeking a second deposition.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: October 17, 2023, Case #: 1:18cv5540, NOS: Airplane - Torts - Personal Injury, Categories: Emotional Distress, Experts, Aviation
J. Bush finds the trial court did not violate defendant's confrontation rights when it admitted into evidence a letter written by the victim about defendant's stalking. Although the letter was testimonial, sufficient evidence in the record showed defendant killed the victim to prevent him from testifying, which allowed for application of the forfeiture-by-wrongdoing exception. Affirmed.
Court: 6th Circuit, Judge: Bush, Filed On: October 17, 2023, Case #: 22-3587, Categories: Confrontation, Evidence, Murder
J. Nguyen finds that the district court properly denied defendant's motion in which he argued that his conviction for using a firearm during a crime of violence and its mandatory consecutive sentence should be vacated because his predicate crime, voluntary manslaughter, does not qualify as a crime of violence. Voluntary manslaughter has the same mental state as murder in that it contains the intent to commit "a violent act against another or recklessness with extreme indifference to human life." Affirmed.
Court: 9th Circuit, Judge: Nguyen, Filed On: October 17, 2023, Case #: 17-15104, Categories: Firearms, Sentencing, Manslaughter
J. Moore finds the county court properly granted the restaurant owners’ motion to dismiss this wrongful termination suit brought by the cook who had made a verbal agreement for employment. The amended complaint shows that the cook was an at-will employee. He did not allege facts showing a claim for promissory estoppel or that the termination violated public policy. Factual allegations do not suggest the existence of missing elements and do not raise an expectation that evidence will develop through discovery. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: October 17, 2023, Case #: A-23-018, Categories: Employment, Evidence
J. Quigless finds that the Missouri Mining Commission properly denied the sandstone mining company's application for a permit to conduct surface mining operations because it did not obtain written consent of all parties with an interest in the land prior to applying for the permit. Affirmed.
Court: Missouri Court Of Appeals, Judge: Quigless, Filed On: October 17, 2023, Case #: ED111424, Categories: Administrative Law, Agency
J. Christen finds that the district court properly entered summary judgment for law enforcement officers in an action alleging officers violated the decedent's Fourth Amendment rights by entering his private property without a warrant, using an armored vehicle to intentionally collide with his pickup truck while he was inside, and shooting and killing him. The district court correctly ruled that the officers were entitled to qualified immunity for shooting and killing the decedent because the officers’ split-second decision to open fire did not constitute excessive force. Affirmed.
Court: 9th Circuit, Judge: Christen, Filed On: October 17, 2023, Case #: 21-35431, Categories: Civil Rights, Constitution
J. Coogler denies a private school’s motion to remand for lack of subject matter jurisdiction. The court realigns from this point forward to change an individual defendant into a plaintiff in this suit, which involves the individual making class claims that the school misused her personal information. The realignment establishes complete diversity of citizenship, leaving the court with subject matter jurisdiction.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: October 17, 2023, Case #: 7:23cv817, NOS: Insurance - Contract, Categories: Education, Insurance, Jurisdiction
Per curiam, the appellate division finds that the lower court improperly denied the plaintiff leave to amend his complaint to more specifically describe the structure that caused his accident. The amendment does not seek to assert a new theory of liability. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 17, 2023, Case #: 05221, Categories: Tort
J. Goethals finds that the trial court's decision to allow jurors to wear face masks and practice social distancing due to Covid-19 did not prejudice defendant as he stood trial for molesting his girlfriend's daughter. Also, any prejudice caused by the jury's awareness that he was in custody was cured by a trial court admonition. Affirmed.
Court: California Courts Of Appeal, Judge: Goethals, Filed On: October 17, 2023, Case #: G061280, Categories: Jury, Sex Offender, Due Process
Per curiam, the appellate division finds that the lower court finds that the lower court properly granted the husband's motion to dismiss the wife's challenge to their divorce order. The wife was aware of the husband's bank accounts in Taiwan and he disclosed them on his net worth statement, so he did not fraudulently induce her into entering a settlement. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 17, 2023, Case #: 05239, Categories: Family Law
J. Chase finds that the trial court properly granted the sheriff's office's motion to dismiss an inmate's negligence action. In this case, no steps were taken by either party from April 8, 2019, to June 29, 2022. Therefore, the inmate's suit was abandoned. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: October 17, 2023, Case #: 2023-CA-0089, Categories: Civil Procedure, Negligence
J. Cabranes finds that the district court improperly dismissed state claims in which a female college professor alleged sex-based pay discrimination. Amendments to New York labor law added a job-relatedness component to the "factor other than sex" defense, which requires accused employers to demonstrate pay disparity is inherent to a job, but no comparable requirement exists on the federal level, and the college demonstrated that promotions and raises create disparity over time.
Court: 2nd Circuit, Judge: Cabranes, Filed On: October 17, 2023, Case #: 21-2919-cv, Categories: Employment Discrimination