175 results for 'filedAt:"2023-12-14"'.
J. Gravois finds that the trial court properly granted a judge's motion for summary judgment on an individual's claim that the judge conspired with a law clerk to destroy court documents in another suit that the individual was a party to in the same court. The judge testified that he never observed the law clerk mishandle any court documents, and the individual did not present direct evidence that the law clerk destroyed the documents. The complaints against the law clerk were investigated, and there were no eyewitness accounts of the destruction of the documents. Further, the trial court properly granted the law clerk's motion for attorney fees because there was no evidence showing a "willful act in the use of the process not proper in the regular prosecution of the proceeding." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 14, 2023, Case #: 22-CA-592, Categories: Evidence, Attorney Fees, Contract
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J. Cannataro finds that the appellate division properly upheld the attorney general's finding that a physician was not owed a defense in a third-party action stemming from a state prison inmate's claims of injury by malpractice. While professional service providers "acting at the request" of a state agency may be indemnified, the physician had no agreement with the prison system to treat the inmate. Rather, he provided pathology services under contract to a regional medical center where the inmate's biopsy had been sent by a doctor who saw inmates at the prison and had privileges at the center. Affirmed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: December 14, 2023, Case #: 88, Categories: Indemnification, Medical Malpractice
J. Coulson grants the clerk of court’s motion to dismiss in this disability discrimination and retaliation suit brought by a former courtroom clerk. The employee states the employer knew he was diagnosed with PTSD and other health conditions before being hired, and knew he needed accommodations, but the employee fails to plausibly allege a connection to an adverse employment action. The court denies the employee’s motion for leave to file an amended complaint.
Court: USDC Maryland, Judge: Coulson, Filed On: December 14, 2023, Case #: 1:23cv1869, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Saylor denies in part an employer’s motion to dismiss claims brought against it by its employee, who is Black, based on incidents including, but not limited to, her direct supervisor in 2019 decreasing her pay to reflect lower cost of living when she relocated but not doing the same for white employees who relocated similarly to areas with lower costs of living, asking her to work during her approved FMLA leave and reassigning a client she’d worked with for several years to a lighter-skinned employee of color with less experience and lying by claiming the client asked that she be removed. Her claims of emotional distress, discrimination and retaliation are dismissed but her claims for failure to accommodate a disability and interference with her FMLA, Massachusetts Paid Family and Medical Leave Act and Equal Pay Act rights are not dismissed.
Court: USDC Massachusetts, Judge: Saylor, Filed On: December 14, 2023, Case #: 1:23cv10417, NOS: Civil Rights - Habeas Corpus, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Campbell denies the defendant company's motion for summary judgment in this lawsuit brought by a former district manager who alleges that she was subjected to a hostile work environment, sex discrimination and retaliation, as well as age discrimination, during her employment. The former employee argues that she was constructively discharged from her job, which constitutes an adverse employment action. She also alleges that she was replaced by a male employee, and there is an issue of fact regarding "the age of the employee who replaced her."
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: December 14, 2023, Case #: 3:22cv544, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Duffin denies the equipment rental company's motion to dismiss counterclaims and a third-party complaint in its lawsuit against the construction machinery manufacturer, in which both parties allege multiple breaches of agreements involved with the company being the distributor of the manufacturer's products in Florida, Georgia and Louisiana. The manufacturer's unjust enrichment, breach of contract and breach of guaranty counterclaims will all move forward, in part due to unresolved questions regarding the validity of contracts underlying the claims.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: December 14, 2023, Case #: 2:22cv777, NOS: Other Contract - Contract, Categories: Contract
J. Fouratt denies the doctor and his corporation's motion to dismiss, ruling the former employee's piercing the corporate veil claim is not barred by issue preclusion. The state court action for damages related to sexual harassment did not deal with the merits of the claims, but instead dismissed them on jurisdictional grounds after a judgment had been entered in the employee's favor.
Court: USDC New Mexico, Judge: Fouratt, Filed On: December 14, 2023, Case #: 2:23cv378, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Corporations, Fraud
J. Celebrezze finds the former East Cleveland council members are not entitled to writs of quo warranto or mandamus because the current council properly elected a replacement council member after the recall election, while there was sufficient evidence to support the claims of malfeasance against the member removed from his position.
Court: Ohio Court Of Appeals, Judge: Celebrezze, Filed On: December 14, 2023, Case #: 2023-Ohio-4533, Categories: Elections, Government
J. Maraman finds the lower court improperly ordered a father to retroactively pay child support from the time of the child’s birth and while he was deployed in the military, finding that he is responsible for only the original amount agreed on. Reversed.
Court: Guam Supreme Court, Judge: Maraman, Filed On: December 14, 2023, Case #: CVA19-10, Categories: Family Law
[Consolidated.] J. Kilbane finds the lower court properly refused to grant defendant a new trial after a witness who identified him in a photograph at trial told the jury he was attempting to break into a store in the picture. While the remark dealt with charges from a separate case, it was isolated and was immediately stricken from the record. Furthermore, the prosecutor's statement during closing arguments that "there's nobody sitting over at that table" other than defendant did not deprive him of a fair trial or impugn the presumption of innocence because it was made to refute defendant's vague claims at trial that someone else had been responsible for the robberies. Affirmed.
Court: Ohio Court Of Appeals, Judge: Kilbane, Filed On: December 14, 2023, Case #: 2023-Ohio-4531, Categories: Fair Trial, Prosecutorial Misconduct, Robbery
J. Jabar finds that the lower court properly convicted defendant of kidnapping with a dangerous weapon, aggravated assault and other charges. Contrary to defendant's argument on appeal, the evidence sufficiently supports the conviction. The events at issue were recorded on a video surveillance system at defendant's home, and the recordings were admitted at trial. The lower court could have concluded that defendant "restrained the victim for a substantial period." Also, he allegedly disconnected a truck battery to keep the victim from leaving. Affirmed.
Court: Maine Supreme Court, Judge: Jabar, Filed On: December 14, 2023, Case #: 2023ME74, Categories: Assault, Domestic Violence, Kidnapping
[Consolidated.] J. Bisig finds that the commonwealth did not engage in unconstitutional gerrymandering upon apportioning voting districts because the voting disparity involved only three of 100 seats and thus did not rise to the level of flagrant partisanship or an unwarranted violation of constitutional rights. Affirmed.
Court: Kentucky Supreme Court, Judge: Bisig, Filed On: December 14, 2023, Case #: 2022-SC-0522-TG, Categories: Constitution, Elections
J. Fowlkes dismisses the asylum seeker's lawsuit against the U.S. Citizenship and Immigration Services alleging violations of the Immigration and Nationality Act, as well as the Administrative Procedure Act, after he applied for asylum in 2019 and has yet to receive an interview. The court has jurisdiction over the APA claim and determines that the delay in processing his application, though "significant," is not unreasonable.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: December 14, 2023, Case #: 2:23cv2329, NOS: Other Immigration Actions - Immigration, Categories: Administrative Law, Immigration
J. Cain denies a request by a syndicate of insurers to order a small Louisiana town to arbitrate bad faith penalties and breach of contract claims on the argument that arbitration is required by international treaty. The town has dismissed the only two foreign insurers from its suit; therefore, the remaining domestic insurers’ arbitration agreements are reverse-preempted by Louisiana law, which prohibits arbitration agreements in insurance policies covering property within the state, such as the town's hurricane-damaged properties.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: December 14, 2023, Case #: 2:23cv240, NOS: Insurance - Contract, Categories: Arbitration, International Law, Choice Of Law
J. Guirola grants a city’s motion for summary judgment against claims of violating a hotel owner’s due process rights when declaring the property a menace to "public health, safety and welfare." The city did not violate the owner's due process since it gave her an opportunity to appear at a hearing, and it was justified in trying to protect the health and safety of its citizens.
Court: USDC Southern District of Mississippi , Judge: Guirola, Filed On: December 14, 2023, Case #: 1:23cv63, NOS: Other Civil Rights - Civil Rights, Categories: Property, Zoning, Due Process
[Consolidated.] Per curiam, the court of appeals finds that voters' request should be denied in seeking to disqualify Donald Trump from being placed on the Michigan ballot for the 2024 presidential election on grounds that he violated the insurrection clause of the 14th Amendment because the issue is not ripe for review since he must first prevail in the nationwide primary process and win the republican nomination. Affirmed.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: December 14, 2023, Case #: 368615, Categories: Civil Procedure, Elections
J. Boyle finds the lower court properly found for an insurance agency and salesman in a coverage dispute arising from a house fire. When the applicant signed the policy that listed only his deceased mother as policyholder, he should have been aware he would not receive any benefit from a future claim; therefore, the statute of limitations began to run when the application was submitted and expired more than four years before the applicant filed the present lawsuit. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: December 14, 2023, Case #: 2023-Ohio-4544, Categories: Civil Procedure, Insurance, Contract
J. Coulson finds a lower court properly dismissed a university's contract claims against an insurance company. The university argued that the insurance company was obligated to provide coverage after it executed a controlled detonation of a buried bomb that was planted in the ground 79 years ago. However, the insurance company sufficiently showed in court that it was not obligated to provide coverage for damages as a result of "occasioned by war." Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Coulson, Filed On: December 14, 2023, Case #: CA-2023-949, Categories: Insurance, Damages, Contract
J. Menendez grants the generator manufacturer's motion for summary judgment on the insurer's design- and manufacturing-defect claims stemming from an fire which the insurer alleged was caused by a defective generator. The insurer has not met its burden to prove the existence of an alternative, feasible, safer design for the generator, nor that the generator departed from its intended design or caused the fire.
Court: USDC Minnesota, Judge: Menendez, Filed On: December 14, 2023, Case #: 0:21cv1749, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Tort, Product Liability