191 results for 'filedAt:"2024-01-24"'.
J. Roemer allows plaintiffs to continue class claims contending a company failed to pay home care workers overtime, reimburse expenses, and provide proper wage notices. The viability of the untimely wage payment claims has been adjudicated against the company, and there remain outstanding factual and legal questions regarding the company's timekeeping policies.
Court: USDC Western District of New York, Judge: Roemer , Filed On: January 24, 2024, Case #: 1:19cv1417, NOS: Fair Labor Standards Act - Labor, Categories: Civil Procedure, Employment
J. Rosenbaum finds that the district court improperly ruled in favor of the parents in an action brought by the nanny for unpaid overtime wages under the Fair Labor Standards Act. The district court incorrectly found that the nanny resided in the parents' home. The nanny was not a live-in domestic service employee. The nanny had a separate home and was a night-shift worker for the parents. She was on duty for 79 hours each week, even while sleeping at the parents' home. A genuine issue of fact exists as to whether the parents or two LLCs funded by them were the nanny's employer. Reversed in part.
Court: 11th Circuit, Judge: Rosenbaum, Filed On: January 24, 2024, Case #: 22-13669, Categories: Labor
J. Pregerson denies in part California Highway Patrol officers' motion to dismiss a driver's allegations of excessive force, malicious prosecution and deliberate indifference to medical needs after he was pulled over and arrested for driving under the influence despite allegedly passing several field sobriety tests and agreeing to a breath test which was not administered. All charges against the driver were dropped following a blood test. The driver alleges he was thrown to the ground without cause, suffering a torn rotator cuff, shoulder injuries and back injuries. The officers are not entitled to qualified immunity on the excessive force claim. The officers withdrew their request to dismiss the malicious prosecution claim.
Court: USDC Central District of California, Judge: Pregerson, Filed On: January 24, 2024, Case #: 2:23cv5926, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
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J. Mueller dismisses the state’s action against a tribal company and tribal officers seeking damages and penalties for their alleged trafficking in contraband cigarettes. The state fails to show the cigarettes at issue are contraband, as it does not allege they have shipped, transported, received, possessed, bought or sold them.
Court: USDC Eastern District of California, Judge: Mueller, Filed On: January 24, 2024, Case #: 2:23cv743, NOS: Other Statutory Actions - Other Suits, Categories: Damages, Racketeering
J. Johnson partly grants a driver's motion to restrict evidence, such as being terminated from a previous job for serving alcohol and having an outstanding warrant, in his suit against a trucking company regarding a motor vehicle accident.
Court: USDC Southern District of Mississippi , Judge: Johnson, Filed On: January 24, 2024, Case #: 3:22cv457, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Evidence, Vehicle, Negligence
J. Kamins finds the Oregon Liquor and Cannabis Commission properly cancelled petitioner’s liquor license after petitioner was charged with violations of Governor Kate Brown’s executive order by permitting indoor dining at its restaurant during a time when indoor restaurant dining was prohibited in Lane County as a result of the Covid-19 pandemic. “The challenged OHS guidance does not lack validity because it was not incorporated in the text of EO 20-66, was not separately filed with the Secretary of State, and was not adopted by OHA as an administrative rule.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: January 24, 2024, Case #: A178679, Categories: Government, Covid-19
J. Ahlers finds that the lower court properly held that a newspaper and its writers had neither libeled nor defamed plaintiff by printing information about his involvement in a casino operation because the information was truthful and had been printed on the editorial page. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: January 24, 2024, Case #: 22-1940, Categories: Defamation
J. Buller finds that a restaurant was properly ordered to pay on a lease after vacating the space prior to termination based on the restaurant's admission that it broke the lease. However, the restaurant is not responsible for property damages sought by the plaza because the restaurant had been renovating the space for its next tenant. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 22-1822, Categories: Property, Contract
J. Tookey finds the Land Use Board of Appeals (LUBA) properly upheld an order of the Clackamas County Board of Commissioners approving an application for a dwelling permit on a lot adjacent to the Salmon River and in a principal river conservation area (PRCA). “LUBA correctly understood its role in conducting its review for substantial evidence.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: January 24, 2024, Case #: A182331, Categories: Evidence, Property
J. Powers finds the trial court erred by failing to suppress evidence of defendant’s refusals to perform field sobriety tests (FSTs). “Refusals to perform FSTs—like refusals to perform breath tests—may be admitted as evidence of guilt if the state proves that law enforcement’s requests to perform the tests could be understood only as a request to submit to the physical act, and not as a request that defendant provide constitutionally significant consent to the tests.” Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: January 24, 2024, Case #: A172776, Categories: Evidence, Vehicle
J. Patterson finds that the appellate division properly allowed plaintiff to continue claims seeking insurance coverage for business losses sustained by a casino during the Covid-19 pandemic because the casino failed to establish losses occurred in part due to physical damage, and the contamination exclusion did not reference "viruses" or "pathogens." Affirmed.
Court: New Jersey Supreme Court, Judge: Patterson , Filed On: January 24, 2024, Case #: A-28-22, Categories: Insurance, Covid-19
J. Carter denies the lawn games manufacturer's motion to exclude the mischaracterization of its trade dress, which concerns the lawn games manufacturer's lawsuit that the outdoor games products company's TP White Connect 4 game infringes the lawn games manufacturer's Four In a Row game. The outdoor games company present facts that sufficiently question the functionality of elements of the lawn games manufacturer's definition of its trade dress.
Court: USDC Central District of California, Judge: Carter, Filed On: January 24, 2024, Case #: 8:19cv523, NOS: Trademark - Property Rights, Categories: Evidence, Trademark
J. Tookey finds the juvenile court erred when it barred a father’s counsel from participating in the final part of the permanency hearing on the father’s behalf, when the father himself was not physically present in the courtroom. The state concedes the error. Reversed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: January 24, 2024, Case #: A181546, Categories: Family Law
J. D’Agostino dismisses the last remaining defendant from a consumer credit complaint that alleges a homeowner’s mortgage lender erroneously reported her mortgage as discharged after she filed for Chapter 7 bankruptcy even though she continued to make payments until the debt had been satisfied. While she successfully alleges she suffered an injury in that she has been unable to secure additional lines of credit due to the inaccurate information, the court finds her credit report is essentially accurate.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: January 24, 2024, Case #: 3:23cv147, NOS: Consumer Credit - Other Suits, Categories: Bankruptcy, Debt Collection, Consumer Law
J. Land upholds the bankruptcy court's order denying the firm's motion for a new trial on the decision denying the firm's earlier motion to object to the confirmation of the client's Chapter 13 plan. The bankruptcy court correctly found that the client declared bankruptcy in good faith and properly rejected the firm's arguments that the client's failure to account for child support in her bankruptcy plan showed bad faith.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: January 24, 2024, Case #: 4:23cv119, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy
J. Langholz finds that the beneficiary of a trust should have been granted proceeds because the trust expressly stated intent to limit distribution of the estate to the named beneficiaries rather than the children of deceased beneficiaries. Reversed.
Court: Iowa Court Of Appeals, Judge: Langholz, Filed On: January 24, 2024, Case #: 23-0038, Categories: Wills / Probate
J. Hernandez partially grants the exporter default judgment for its complaint that the discretionary trading trust bought $2.9 million in lumber, rejected the delivery when it arrived, but then took possession of it and sold the lumber to a third-party without paying the exporter. While the $2.9 million in damages are granted without issue because that is the amount owed on the invoice, the exporter seeks pre-judgment interest on its United Nations Convention on Contracts for the International Sale of Goods claim, which does not arise under state law. The exporter is to supplement its motion with new pre-judgment interest calculations consistent with the federal rate within 30 days.
Court: USDC Western District of Washington, Judge: Hernandez, Filed On: January 24, 2024, Case #: 3:22cv1041, NOS: Other Contract - Contract, Categories: Damages, Contract
J. Bower finds that a father's parental rights were properly terminated since he used methamphetamine and violated no-contact orders, and he maintained little contact with his child. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: January 24, 2024, Case #: 23-1735, Categories: Family Law