276 results for 'filedAt:"2024-03-27"'.
[Consolidated.] J. Larsen finds the lower court properly determined the employer waived its right to arbitrate discrimination claims brought by the deaf employee. It waited more than seven months to file its motion to compel, before which it conducted extensive discovery, took depositions and raised several affirmative defenses, all of which contradicts its argument it intended to rely on arbitration from the outset of the case. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: March 27, 2024, Case #: 23-1507, Categories: Arbitration, Civil Procedure, Employment Discrimination
J. Molloy denies both parties' motions for summary judgment in an insurance dispute. The property owner, which sought insurance coverage on properties damaged in a hurricane, hired its own adjuster after the insurer's adjuster grossly undervalued the damages, inspecting only the main structure on the property. The breach of contract claim is moot, being the insurer has paid the appraisal award. Material facts remain in dispute with respect to the owner's bad faith claim. The trier of fact must determine whether the insurer knowingly and intentionally excluded three cottages in its alleged coverage determination.
Court: USDC Virgin Islands, Judge: Molloy , Filed On: March 27, 2024, Case #: 3:19cv71, NOS: Insurance - Contract, Categories: Insurance, Property
J. Menashi finds that an attorney's appeal from interlocutory orders on her claims of court misconduct should be dismissed for lack of jurisdiction. She alleged that a state trial court justice behaved inappropriately when she was his court attorney and that she had been harassed by court officers for reporting the behavior. However, her failure to comply with discovery led to dismissal as a sanction, and the "merger rule" that applies to interlocutory and final orders does not apply when sanctions are involved.
Court: 2nd Circuit, Judge: Menashi, Filed On: March 27, 2024, Case #: 23-437-cv, Categories: Sanctions, Jurisdiction
Per curiam, the circuit finds that the district court properly found for a manufacturer on product liability claims brought by plaintiff, a hair-care customer who contends she experienced hair loss after using a hair extension gel that hardened into a base, as the expert toxicologist she presented failed to provide evidence indicating the product ingredients caused plaintiff's hair loss. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 27, 2024, Case #: 22-2727-cv, Categories: Product Liability
J. Tabor finds that defendant was properly convicted of second-degree murder after shooting a 16-year-old boy for taking his gun because video evidence proved defendant shot the victim in the back while he was running to flee from defendant. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: March 27, 2024, Case #: 22-1547, Categories: Evidence, Murder
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J. Gamble finds that defendant was properly denied relief from his kidnapping and robbery conviction. Defendant contends counsel should have taken witness depositions before trial, but doing so would not have affected the outcome and, instead, would have resulted in witnesses identifying defendant before trial. Affirmed.
Court: Iowa Court Of Appeals, Judge: Gamble, Filed On: March 27, 2024, Case #: 22-1589, Categories: Ineffective Assistance, Robbery, Kidnapping
J. Schofield denies the company's motion to dismiss a securities fraud suit alleging it made material omissions in statements about an acquisition. The statements allegedly created the impression the acquisition would be approved by the government without requiring renegotiation of the merger. The company repeatedly and specifically stated the expected merger timetable, which was misleading if corporate executives, behind the scenes, knew otherwise.
Court: USDC Southern District of New York, Judge: Schofield, Filed On: March 27, 2024, Case #: 1:22cv4838, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
J. Connolly properly denied the fabric manufacturer's motion to dismiss counterclaims brought by a solar shade maker in a copyright dispute over the weaves, patterns, and colors co-produced by the companies in their 30 year partnership. The solar shade maker's counterclaims sufficiently plead that the restrictive covenants in the parties' agreements were enforceable. Affirmed.
Court: New York Appellate Divisions, Judge: Connolly, Filed On: March 27, 2024, Case #: 01744, Categories: Trade Secrets, Business Practices, Contract
J. Darrow grants a group of estate administrators, police departments, and City of Peoria's motion for summary judgment concerning a deceased former inmate who's conviction was vacated for new evidence. The group sufficiently showed in court that the deceased former inmate's estate administrator agreed to a binding settlement in 1973, which precludes new claims against them.
Court: USDC Central District of Illinois, Judge: Darrow, Filed On: March 27, 2024, Case #: 1:18cv1161, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Evidence
J. Peterson partially grants the U.S. Coast Guard and Coast Guard officials' motion to dismiss a pro se lawsuit from a former member of the Coast Guard Auxiliary claiming he was removed from his position after refusing orders to remove posts he made on social media. The former Auxiliary member can proceed with his claim against the Coast Guard under the Administrative Procedures Act, but all his other claims, including those stating violations of due process and the First Amendment, are dismissed.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: March 27, 2024, Case #: 3:23cv170, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Government
J. Murphy grants the school district’s motion for summary judgment against a Black employee’s race discrimination, hostile work environment and retaliation claims. The record lacks direct evidence of discrimination because the employee’s white coworkers were subjected to the same, sometimes difficult, work environment.
Court: USDC Eastern District of Pennsylvania, Judge: Murphy, Filed On: March 27, 2024, Case #: 2:22cv4596, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Schmehl grants in part a tenured associate professor’s partial motion for summary judgment against Kutztown University in this case in which she alleges they improperly denied her request for a remote work accommodation in the fall of 2021 and in the semesters after. While the university’s desire to reopen in 2021 with strictly in-person instruction is understandable, its refusal to consider the professor’s incurable eye disease that puts her at a higher risk of contracting Covid-19 and enforce a blanket no-exceptions policy violated federal disability law.
Court: USDC Eastern District of Pennsylvania, Judge: Schmehl, Filed On: March 27, 2024, Case #: 5:22cv1034, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Brnovich grants a city's motion for judgment on the pleadings concerning a bar owner who surrendered her liquor license after two detectives launched an "impromptu liquor inspection," which she alleges led to an "unbelievably false report." The city sufficiently showed in court that it revoked her license for violating zoning ordinances, and not because she is a Black business owner.
Court: USDC Arizona, Judge: Brnovich, Filed On: March 27, 2024, Case #: 2:23cv752, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Interference With Contract
J. Swain partially denies class claims stemming from a lender's imposition of force placed insurance on a property under a reverse mortgage. The lender admitted it had wrongfully charged the property owner for the force placed insurance, but did not credit back the related fees and interest charged to her. The homeowner adequately states a claim for violations of the Real Estate Settlement Procedures Act for the lender's failure to terminate the force-placed insurance within 15 days of written notice and proof of insurance.
Court: USDC Southern District of New York, Judge: Swain, Filed On: March 27, 2024, Case #: 1:20cv9281, NOS: Other Statutory Actions - Other Suits, Categories: Insurance, Real Estate, Class Action
J. Flanagan grants in part a municipality’s motion for summary judgment following allegations of constitutional rights violations brought by a former owner of a group home for at-risk youth. The owner had previously been charged with a felony sex offense against a minor, but the charges were voluntarily dismissed and his record expunged. However, a warrant for his arrest remained in one county’s system, and when he applied for a concealed handgun permit 15 years later, he was falsely arrested. The owner argues that the county should have implemented a policy to prevent this, but just because he disagrees with the policy does not throw the policy into question.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 27, 2024, Case #: 5:21cv388, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Ortega finds the trial court did not violate defendant’s right to allocution when it ”muted” him for being verbally abusive in court. The time for an allocution had passed, and “defendant was speaking to the court in a way that the court had authority to curb.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: March 27, 2024, Case #: A180024, Categories: Criminal Procedure, Trespass
J. Flanagan denies a couple’s motion for certification of direct appeal to the U.S. Court of Appeals on a bankruptcy case. The couple also petitioned the bankruptcy court after previously filing for Chapter 13 bankruptcy to incur debt and finance the purchase of a house so that they could live close to their child’s private school. The bankruptcy court denied this petition as the couple is not allowed to incur more than $10,000 while in bankruptcy. Also, the couple has not shown sufficient evidence that they are qualified for certification for a direct appeal to the court of appeals.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 27, 2024, Case #: 5:23cv373, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Real Estate
J. Whitney partially grants a county board of education’s motion to dismiss allegations of violations of the Americans with Disabilities Act and other protections after a student was recommended for homebound education. The student’s school removed him after a disability-related behavioral incident, and would not allow him to return, recommending homebound education. His parents sought private education and now sue the board for compensation. However, the school’s decision not to allow the student’s return does not constitute a violation of the ADA or other laws.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 27, 2024, Case #: 3:23cv139, NOS: Education - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Education
J. Koester finds that a crisis counselor's wrongful termination claims were improperly dismissed since she sufficiently stated a claim by identifying the wage payment collection law when the employer terminated her for requesting overtime and discussing pay with fellow employees. Reversed in part.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: March 27, 2024, Case #: 23-0300, Categories: Employment
J. Buller finds that a financial advisor was improperly granted an arbitration award after he was fired for improper client trades because he admitted he traded in violation of the employer's policies and Financial Industry Regulatory Authority rules. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 27, 2024, Case #: 23-0439, Categories: Arbitration, Employment