114 results for 'filedAt:"2024-01-29"'.
Per curiam, the circuit finds the district court improperly denied a cancer center's motion to dismiss. The employee does not dispute the cancer center is entitled to sovereign immunity from her age discrimination suit, being it is managed by the public University of Texas. But she supports her assertion it has waived immunity with reference to sex discrimination law, not constitutional age discrimination law. Also, the center's acceptance of federal funding does not waive immunity from discrimination suits. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: January 29, 2024, Case #: 23-20423, Categories: Constitution, Health Care, Employment Discrimination
J. Fitzgerald reverses in part a dismissal order regarding a law firm which obtained attorney fee awards and subsequent costs related to appeals against an estate trustee for bringing meritless claims against the firm. The firm alleged that the trustee failed to demand that the debtor turn over rents collected on two properties. The bankruptcy court erred in finding that the firm's breach of fiduciary duty claim was time-barred but was correct in finding that the trustee had quasi-judicial immunity.
Court: USDC Central District of California, Judge: Fitzgerald, Filed On: January 29, 2024, Case #: 2:22cv4450, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy
J. Donohue finds that the appeals court improperly dismissed a petition for review of the Pennsylvania Abortion Control Act filed by a group of seven abortion providers who had asked the court to determine that abortion is a right protected under the state constitution. The providers have standing to sue because provides Medicaid funding for childbirth but not for abortions, thus failing to maintain its obligated neutrality regarding reproductive autonomy. Reversed.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: January 29, 2024, Case #: J-65-2022, Categories: Civil Procedure, Civil Rights, Constitution
J. Steigmann finds that the lower court properly denied defendant's motion for leave to file a successive postconviction petition alleging his 60-year sentence was disproportionate to his crimes. The petition fails to adequately allege that defendant's murder sentence would have been different had the court explicitly considered his youth (age 20) at sentencing. Affirmed.
Court: Illinois Appellate Court, Judge: Steigmann, Filed On: January 29, 2024, Case #: 230298, Categories: Murder, Sentencing
J. Colloton finds a lower court properly sentenced a defendant to 280 months in prison for possession of a firearm and meth, which police discovered in a boot under the seat of his vehicle. The defendant argued that the lower court erred in admitting testimony concerning his arrest and a conviction in 2016. However, the government sufficiently showed in court that the evidence presented was relevant and that the defendant knowingly used a firearm to traffic drugs. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: January 29, 2024, Case #: 22-3424, Categories: Drug Offender, Evidence, Firearms
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J. Oetken partially grants the New York Times' motion for summary judgment with respect to the FBI's claimed FOIA exemption for a document responsive to the newspaper's request for a copy of the FBI's analysis of the phenomenon known as "Havana Syndrome." While the report does contain descriptions of techniques whose disclosure could risk circumvention of the law, the FBI has applied the exemption to shield other techniques already known to the public. The FBI must produce a copy of the report with redactions consistent with this opinion.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: January 29, 2024, Case #: 1:22cv3590, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Public Record
J. Nye grants a firearm machinery company's motion to reduce undertaking in a contract dispute over products it manufactured and shipped to a firearm manufacturer and seller. The machinery company seeks damages for both shipped and unshipped manufactured products. The machinery company's application for prejudgment writ of attachment stands. The manufacturer has stipulated to and posted an undertaking to stay the writ. The funds will not be dispersed until the matter is resolved. The undertaking is reduced to reflect the reduction of damages that the machinery company seeks.
Court: USDC Idaho, Judge: Nye, Filed On: January 29, 2024, Case #: 2:22cv399, NOS: Other Contract - Contract, Categories: Contract
J. Todd finds that the lower courts improperly relied primarily upon the marital couple’s multiple periods of separation in determining that the presumption of paternity of a child born prior to divorce proceedings was inapplicable. The marital couple’s separation prior to the filing of the paternity action does not necessarily preclude application of the presumption of paternity. Reversed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: January 29, 2024, Case #: J-61-2023, Categories: Civil Procedure, Guardianship
J. Partida-Kipness finds that the lower court improperly granted summary judgment to the insurance provider in this coverage dispute stemming from a tornado that allegedly damaged the appellants' home. The court concludes that the term "windstorm," as it appears in the insurance policy, is ambiguous and that the appellants' interpretation was reasonable. Reversed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: January 29, 2024, Case #: 05-22-00963-CV, Categories: Insurance, Real Estate
J. Soto finds a lower court ruled correctly when it determined through summary judgment that an insurance company could file an interpleader action in a case stemming from a deadly vehicle accident. That insurance company, which said it was “ready, willing and able” to pay out liability coverage, found itself in the middle of a dispute between two relatives of a deceased victim over how they should receive payment. One relative raised a variety of claims disputing the interpleader action, but precedent shows that “Texas has long recognized the equitable remedy of interpleader,“” and the insurer was right to interplead in these circumstances. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: January 29, 2024, Case #: 08-23-00054-CV, Categories: Civil Procedure, Insurance, Vehicle
J. Mathis finds that defendant was properly ordered to pay $37,000 in restitution after being convicted of burglary since defendant had the ability to pay the amount, but the trial court failed to create a payment plan based on defendant's finances. Affirmed.
Court: Indiana Court Of Appeals, Judge: Mathis, Filed On: January 29, 2024, Case #: 23A-CR-1634, Categories: Burglary, Restitution
J. Marks grants the federal government its motion for summary judgment in a case where a Department of Veterans Affairs employee hit a motorist’s rental car with a forklift. When the motorist filed this case, he alleged negligence and recklessness or wantonness claims, since the filing he passed away and his estate is still proceeding. The court agrees with the government that a reasonable jury would not find the motorist suffered damages as a result of this accident. The estate’s claims are dismissed.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: January 29, 2024, Case #: 3:21cv640, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle
J. Bradford finds that defendant was properly convicted of impersonating a law enforcement officer since evidence indicated defendant dressed and represented himself as a detective for the county sheriff's department in an attempt to obtain surveillance footage from a woman. Affirmed.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: January 29, 2024, Case #: 23A-CR-1172, Categories: Evidence, Impersonation
J. Quereshi denies the transit authority’s motion to dismiss in this negligence claims suit brought by the parents of an adult woman who is nonverbal and has a cognitive disability. The parents allege the daughter was a passenger in the transit van when she was attacked several times by another passenger, on their way to or from an adult day program. The transit authority failed to present evidence explaining the circumstances and changes that were made to separate the daughter and passenger.
Court: USDC Maryland, Judge: Quereshi, Filed On: January 29, 2024, Case #: 8:18cv2397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence
J. Davila allows negligence claims to survive against Accellion stemming from two data breach incidents. The company was aware of some security vulnerabilities in its software prior to the breaches, and by not fixing them in time, the company breached its special duty of care to customers. A series of other contract and privacy claims are tossed for not showing that the company was acting in a "highly offensive" manner, though they may be amended.
Court: USDC Northern District of California, Judge: Davila, Filed On: January 29, 2024, Case #: 5:21cv1155, NOS: Other Statutory Actions - Other Suits, Categories: Negligence, Privacy
J. Lioi denies the employer's motion for summary judgment, ruling that although a large portion of the employee's job was related to manual labor and conversing with patients at the nursing home, deposition testimony from each party creates questions of fact regarding how much oversight and ultimate decision-making authority the employee had in terms of implementing facility upgrades and prevents the court from determining her exempt status at this stage of the litigation.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: January 29, 2024, Case #: 5:21cv2259, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Evidence, Labor