144 results for 'filedAt:"2024-04-26"'.
J. Lin grants the consumer's motion to consolidate her class action alleging that the beverage container manufacturer did not inform consumers that its popular Stanley tumbler products contained lead. The beverage container manufacturer argues that a stay or dismissal is more appropriate than consolidation, because consolidation will require conducting discovery with all named plaintiffs instead of just the top plaintiff, but this argument "strains common sense" as the beverage container manufacturer would already likely seek depositions against multiple class members in the event that the consumer's lawsuit was the only action.
Court: USDC Western District of Washington, Judge: Lin, Filed On: April 26, 2024, Case #: 2:24cv191, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Product Liability, Class Action
J. Fenn finds that the lower court improperly denied an attorney's request to replace a special-bar counsel person set to be in charge of prosecuting a pending disciplinary proceeding against her. The counsel person currently set to carry out the duty has a conflict of interest due to being involved in a prior suspension action involving the attorney and most likely was told confidential information that would conflict with this case. New counsel needs to be appointed to carry out the investigation from scratch. Reversed.
Court: Wyoming Supreme Court, Judge: Fenn, Filed On: April 26, 2024, Case #: 22-8015, Categories: Attorney Discipline
J. Howell grants the employer's motion for summary judgment in the employee's suit alleging failures to provide a computer with enlarged font after the surgical removal of her eye and to grant her adequate leave during the Covid-19 pandemic, along with a failure to promote her which she argues was discriminatory. The employee has not shown that the employer's stated reason for failure to promote her, namely a poor interview performance, was pretextual, nor that its reason for terminating her, namely repeated failures to provide medical documentation required for accommodations including leave, was pretextual. The employee's failure-to-accommodate claims also fail, since the employee has not alleged that, when told that the computer they provided was inadequate, her supervisors refused or failed to follow up on her objections or that it did not engage in a good-faith dialogue with the employee as to her leave requests.
Court: USDC District of Columbia, Judge: Howell, Filed On: April 26, 2024, Case #: 1:23cv1507, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. O'Hearn finds for an armored car company accused of firing a service technician for seeking accommodations for a brain tumor that caused him to fall asleep at work because the record indicates the technician was fired for violating the company's open-door and personal device policies during a robbery, and that the company had not exhibited a pattern of animus or antagonism prior to his termination.
Court: USDC New Jersey, Judge: O'Hearn , Filed On: April 26, 2024, Case #: 1:22cv1028, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
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J. Cogburn denies a food production company’s motion for summary judgment following allegations of retaliation brought by a former delivery driver. After several work-related injuries and complaints about being pushed to work beyond the accommodations recommended by her doctor, the driver unbuckled her seat belt to roll a window down to talk to another driver who was yelling at her. She then replaced her seat belt. Not long after, the company fired her, citing her violation of their strict seat belt policy. Based on the timing, the driver has sufficient evidence to proceed on the argument that her violation was pretext to her being fired for requesting accommodations.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 26, 2024, Case #: 3:21cv655, NOS: Other Labor Litigation - Labor, Categories: Civil Rights, Employment, Employment Retaliation
Per curiam, the Texas Suprme Court grants AutoZoner's petition for mandamus relief allowing two out-of-state attorneys to appear pro hac vice in an underlying age discrimination lawsuit filed by a former employee. The trial court and court of appeals denied the attorneys' motion to appear in the case, reasoning that they signed documents without being formally admitted to the case. However, it is common practice for out-of-state attorneys' names to be listed below the name and signature of the Texas attorney who makes the filing and raises no ethical concerns.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: April 26, 2024, Case #: 22-0719, Categories: Civil Procedure, Employment
Per curiam, the Texas Supreme Court grants a petition for mandamus relief filed by an oil company that sought to dismiss a wrongful death lawsuit filed by the family of a former employee who died due to a metastasized growth in his kidney. The growth was first discovered during a medical examination mandated by the company in Egypt, but the former employee only learned about its existence a year later. Reviewing the case against the statutory forum non convenien factors, it can be concluded that Egypt is the appropriate venue for the family to pursue their claims.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: April 26, 2024, Case #: 22-1014, Categories: Wrongful Death, Venue
J. Blacklock finds that the Pandemic Liability Protection Act can be retroactively applied to the student’s claims stemming from Southern Methodist University moving to online classes during the Covid-19 pandemic. The student has not shown that "he had a reasonable and settled expectation that he could recovery money damages from SMU if the government forcibly shut down the campus and gave the school only the option" of moving to online classes.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: April 26, 2024, Case #: 23-0565, Categories: Education, Covid-19, Contract
J. Hall grants the insureds' motion to exclude certain costs from the insurer's bill of costs after a ruling in the insurer's favor was entered in a breach of contract action. Costs for e-discovery processing, data hosting fees, vendor research, postage, copying and document loading fees are not taxable. The clerk is ordered to tax costs in the amount of $883 against the insureds.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: April 26, 2024, Case #: 1:21cv19, NOS: Insurance - Contract, Categories: Civil Procedure, Contract
J. Carney finds the Superior court properly committed appellant for mental illness that could make him a danger to others. “Psychiatrist’s testimony supports finding [that appellant’s] impulse control disorder was more than his developmental and intellectual disabilities, satisfying the statutory definition of mental illness.” Affirmed.
Court: Alaska Supreme Court, Judge: Carney, Filed On: April 26, 2024, Case #: S-18282, Categories: Commitment
J. Wollenberg finds the superior court properly determined that Alaska courts are not constitutionally required to instruct grand juries that they have discretion to decline to enforce the law in a particular case. No case law supports the notion that “the constitution requires the superior court to affirmatively instruct the grand jurors that they have this power—particularly where the grand jury instructions do not expressly foreclose the exercise of this kind of discretion.” Affirmed.
Court: Alaska Court Of Appeals, Judge: Wollenberg, Filed On: April 26, 2024, Case #: A-11759, Categories: Jury Instructions
J. Oxley finds that a construction company was improperly awarded restitution after prevailing in claims concerning the construction of a children's hospital at the University of Iowa because other more appropriate avenues for perusing reimbursement existed after the lower court overturned an injunction awarded to the university. Reversed in part.
Court: Iowa Supreme Court, Judge: Oxley, Filed On: April 26, 2024, Case #: 23-0239, Categories: Contract, Injunction
J. Brown finds that a school district, a principal and a teacher are not liable for the actions of an older student who touched younger female students inappropriately in the context of a student tutoring program. The district’s training of the teacher and principal is adequate and did not lead to the violations of the female students’ rights. The teacher and the principal are entitled to qualified immunity in that a reasonable person would not suspect that a mentoring program would lead to constitutional violations. Although the offending student violated the constitutional rights of the female students, he is not a state actor because mentorship is not considered a governmental function under Texas law, and the plaintiffs have not provided an authority that would support such a conclusion. The motions of the district, principal and teacher to dismiss are granted.
Court: USDC Northern District of Texas , Judge: Brown, Filed On: April 26, 2024, Case #: 3:23cv1243, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Rights, Immunity, Negligence
J. Clement finds the lower court properly confirmed a report by commissoners who were appointed to divide a decedent’s property into three separate parcels for her family. They assigned 32.4 acres to decedent’s son, 17.8 acres to her husband and 18.1 acres to her daughter. Her husband and daughter filed exceptions to the decision, but all parties agreed to have one of the commissioners testify as to the division of the property. The commissioner explained that the son was allotted more land because portions of the acreage were not usable due to terrain and easements but that the parcels were equal in fair market value. The husband and daughter argue there is insufficient evidence of the value of the properties, so the lower court should not have confirmed the commissioners’ report. No error was found in the lower court’s decision. Affirmed.
Court: Tennessee Court of Appeals, Judge: Clement, Filed On: April 26, 2024, Case #: E2022-01447-COA-R3-CV, Categories: Real Estate, Wills / Probate
J. Armstrong finds the lower court properly granted a judge’s motion to dismiss. Defendant was convicted of aggravated kidnapping, especially aggravated kidnapping, and two counts of aggravated assault and was sentenced to 17 years incarceration. Defendant failed to timely file his second amended petition for post-conviction relief and dismissed the action. Defendant filed a complaint alleging the trial judge exceeded his authority in dismissing the matter. The judge filed a motion to dismiss arguing that he acted within his jurisdiction, which the lower court granted, and the instant court agrees. The lower court dismissed the matter finding it was barred by the doctrine of judicial immunity. Affirmed.
Court: Tennessee Court of Appeals, Judge: Armstrong, Filed On: April 26, 2024, Case #: E2023-00557-COA-R3-CV, Categories: Civil Procedure, Judiciary
J. Greene finds that the lower city court improperly issued a judgment of eviction, as it did not have territorial jurisdiction to evict the occupant from a house located outside the city court’s territorial jurisdiction. Vacated.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: April 26, 2024, Case #: 2023 CA 0860, Categories: Jurisdiction
J. Dillard finds that the trial court properly convicted defendant of child molestation, aggravated sexual battery, rape, incest, sexual exploitation of children, influencing a witness and other related offenses. The trial court correctly denied defendant's motion for a new trial. Defendant's trial counsel was not deficient for failing to object when defendant's handwritten notes to the victim were allowed to go out with the jury during deliberations. The notes were original documentary evidence, therefore any continuing witness objection put forth by defendant's counsel would have been overruled. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: April 26, 2024, Case #: A24A0533, Categories: Ineffective Assistance, Sex Offender, Child Victims
J. Panella finds that the lower court improperly granted defendant’s petition for writ of habeas corpus in this case over her assault of a Pennsylvania police officer who detained her because she assaulted him when he opened the door to her home. The police officer’s testimony showed there was probable cause to believe defendant had attempted injure the officer in the performance of his duty. Reversed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: April 26, 2024, Case #: J-S05012-24, Categories: Criminal Procedure, Habeas, Search
J. Dillard finds that the trial court properly convicted defendant of child molestation and sexual battery as a lesser-included offense of aggravated sexual battery. Sufficient evidence was presented to support defendant's convictions, including the victim's testimony. The trial court did not commit any error by refusing to find that defendant's convictions were mutually exclusive or by denying defendant's ineffective assistance claim. Defendant cannot show that his counsel's strategic decision not to attack the victim's credibility was unreasonable. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: April 26, 2024, Case #: A24A0157, Categories: Ineffective Assistance, Sex Offender
[Consolidated.] J. Lewis finds that the lower court improperly ruled in this divorce proceeding. Specifically, the lower court failed to make certain findings in support of the periodic alimony award. Accordingly, the lower court must also "reconsider the division of marital property along with its determination of the alimony issue." The child support award should also be reconsidered, based on a failure to include all of the husband's income. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Lewis, Filed On: April 26, 2024, Case #: CL-2023-0584, Categories: Civil Procedure, Family Law
J. Palafox finds a lower court did not err in revoking community supervision for defendant, imposed as part of two separate cases. Defendant argued there was not adequate evidence at his revocation hearing that he had taken a truck without permission, but the owner clarified defendant did not have permission in this case, and — although defendant was permitted to use the truck for work-related duties — in this case he admitted "he had taken the truck not for necessities but to purchase Xanax for himself." Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 26, 2024, Case #: 08-23-00022-CR, Categories: Evidence, Probation
J. Soto finds a lower court erred in issuing a Qualified Domestic Relations Order after a divorce decree. The ex-wife is right that the court did not have jurisdiction to issue the order, but it was not part of the original divorce decree and was issued after the lower court’s jurisdiction over the case had already expired. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: April 26, 2024, Case #: 08-23-00311-CV, Categories: Family Law, Jurisdiction
J. Palafox grants mandamus relief after finding a lower court erred in a convoluted dispute that emerged from a personal injury case after it became clear at trial that an expert the injured man planned to call had a conflict of interest with a law firm representing the trucking company he was suing. The injured man is right that, because the trial date had been reset for a later date, discovery deadlines should have also been extended. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 26, 2024, Case #: 08-23-00256-CV, Categories: Civil Procedure, Experts, Discovery