98 results for 'filedAt:"2024-01-03"'.
J. Tjoflat finds that the district court properly upheld the Social Security Administrator's denial of the individual's claim for disability insurance benefits. Although an administrative law judge was not constitutionally appointed when the first opinion in the individual's case was issued, that decision was vacated on the merits by the district court and the second decision was issued by a properly appointed judge. There is therefore no live Appointments Clause violation at issue. There was good cause to discount a medical opinion from the individual's treating physician because it was inconsistent with medical records. Affirmed.
Court: 11th Circuit, Judge: Tjoflat, Filed On: January 3, 2024, Case #: 22-11103, Categories: Social Security
J. Lee finds that the district court properly entered a conviction against an illegal immigrant for attempted illegal entry into the United States. A border patrol agent witnessed the immigrant crawling on the ground near a border fence and later admitted he was a Mexican citizen without documentation. The immigrant argued that his Miranda warning was inadequate because the agent also warned him that the post-arrest interview may be his only chance to seek asylum. Sufficient evidence supported the immigrant’s confession. Affirmed.
Court: 9th Circuit, Judge: Lee, Filed On: January 3, 2024, Case #: 21-50031, Categories: Evidence, Immigration, Miranda
J. Maze grants, in part, a steel supply company and four coworkers’ motion to dismiss in this employment dispute brought by a former employee. The employee alleges race discrimination, sexual harassment, physical abuse by three coworkers, retaliation and he was wrongfully terminated for threating a lawsuit to the supervisor. The court dismisses the steel supply company on all claims, but the retaliation claim shall proceed since the former employee was terminated before he could file a EEOC complaint. The former employee may proceed against three of the coworkers on the assault and battery claims. The remaining parties must meet confer on the claims that persist.
Court: USDC Northern District of Alabama , Judge: Maze, Filed On: January 3, 2024, Case #: 1:23cv625, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment, Assault
J. Emas finds the trial court improperly denied the condo association's motion to compel appraisal for its reopened claim to its insurance company over damages its properties sustained in Hurricane Irma because the claim did not include "some type of estimate" of damages. Given a plain reading, the applicable statute does not require an estimate of damages to support a reopened or supplemental claim to an insurance company, and the association's letter outlining its reopened claim was otherwise sufficient. The trial court's order is reversed and it is ordered to hold further proceedings on remand. Reversed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: January 3, 2024, Case #: 22-1895, Categories: Insurance, Contract
J. Hazelrigg finds that the lower court properly issued a violation notice against a brewing company for not complying with a mask mandate in 2020. The company claims that the Washington State Liquor and Cannabis Board did not have the authority to issue the violation notice, but the board was within its right to issue the notice given that not complying with the then-statewide mandate posed a "threat to public safety" under the law.
Court: Washington Court Of Appeals, Judge: Hazelrigg, Filed On: January 3, 2024, Case #: 84927-1-I, Categories: Licensing, Agency, Covid-19
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J. Abele finds the trial court properly denied defendant's motion to withdraw her guilty plea on a drug possession charge. She was represented by competent counsel, was given a full hearing prior to entering her plea and did not have a legitimate reason to alter the plea, other than a change of heart. However, the trial court erroneously failed to fully advise defendant of the sentencing requirements, including a presumption of release after the initial prison term; therefore, the case must be remanded to allow for proper sentencing instructions. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: January 3, 2024, Case #: 2024-Ohio-58, Categories: Drug Offender, Sentencing, Plea
J. Hodge finds the superior court partially erred in its rulings in a more than 15-year dispute between the restaurant owners and their landlords in part alleging breach of contract, fraud and defamation, including allegations that one of the landlords publicly smeared the owners after a disagreement over their lease in which the landlord said he did not like the direction the restaurant was heading and wanted it to operate more like a "white, middle-class restaurant." In part, the portions of the superior court's order vacating the jury's verdict for the owners on their defamation claims as to one of the landlords are vacated and those portions of the jury's verdict are reinstated; the portion of the lower court's order vacating damages awarded for breach of contract is reversed; and the portion setting aside the jury's awards on other defamation claims and punitive damages is affirmed. On remand the superior court is ordered to determine post-verdict pre-judgment interest the owners are owed. Affirmed in part.
Court: Virgin Islands Supreme Court, Judge: Hodge, Filed On: January 3, 2024, Case #: 2024 VI 1, Categories: Damages, Defamation, Contract