Court: Texas Courts of Appeals, Judge: Quinn, Filed On: September 26, 2022, Case #: 07-20-00290-CV, Categories: Civil Procedure, Employment
J. Quinn finds that the lower court improperly dismissed this lawsuit alleging that a military reservist was wrongfully terminated "after his return from a military deployment." The action should be allowed to proceed against the state agency and two supervisors, who fall within the statutory definition of "employer." Reversed.
Court: 9th Circuit, Judge: Bybee, Filed On: September 26, 2022, Case #: 22-70098, Categories: Judiciary, Jurisdiction
J. Bybee held that specific deadlines in question are not jurisdictional in a matter in which a Jane Doe sought to vindicate her right under the Crime Victims' Rights Act (CVRA). Jane Doe, a crime victim, filed a petition for a writ of mandamus in the Ninth Circuit; she and the defendant in the underlying criminal action also filed a joint stipulation requesting that the court "resolve the case on a schedule that parallels a normal appellate process." The Ninth Circuit granted the motion and issued an order setting a briefing schedule. The panel wrote that "in no event shall proceedings be stayed or subject to a continuance of more than five days for purposes of enforcing rights under the Act."
Court: 9th Circuit, Judge: Bybee, Filed On: September 26, 2022, Case #: 21-55900, Categories: Bankruptcy, Attorneys' Fees
J. Bybee denies an individual's petition for panel rehearing and grants a panel rehearing request from the State Bar of California. The panel also amends an opinion affirming in part and reversing in part a bankruptcy court's judgment in an adversary proceeding. The bankruptcy court found "nondischargeable indebtedness" from a disbarred attorney's obligation to reimburse the State Bar for payments made by the Bar's Client Security Fund to victims of the attorney's misconduct while practicing law. Reversing in part, the panel held that the indebtedness arising from the attorney's obligation to reimburse the State Bar for the payments made to victims of his misconduct was not excepted from discharge under United States Code. Reversed in part.
Court: 9th Circuit, Judge: Nguyen , Filed On: September 26, 2022, Case #: 20-56172, Categories: Civil Rights, Immigration
J. Nguyen vacates a district court denial of the United States' and The Geo Group, Inc.'s motion for preliminary injunctive relief, and held that California enacted Assembly Bill 32 (AB 32) would give California a virtual power of review over Immigration and Customs Enforcement (ICE)'s detention decisions, in violation of the Supremacy Clause. AB 32 states that a "person shall not operate a private detention facility within the state." ICE has decided to rely almost exclusively on privately owned and operated facilities in California.
Court: 9th Circuit, Judge: Graber, Filed On: September 26, 2022, Case #: 20-71703, Categories: Drug Offender, Immigration
J. Graber denies in part and grants in part an immigrant's petition for review of a decision of the Board of Immigration Appeals. The immigrant was removed to Mexico in 2008, partly because of a California conviction for drug possession. In 2018, a California court expunged that conviction under California's rehabilitative statute, and the immigrant sought to reopen his immigration proceedings. An immigration judge and the BIA denied the motion to reopen. The panel concluded the BIA correctly held that the immigrant did not act with the required diligence, explaining that he did not seek expungement until nearly a decade after he was convicted. However, the panel found that the BIA was in error by denying sua sponte reopening.
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Court: New Mexico Supreme Court, Judge: Thomson, Filed On: September 26, 2022, Case #: S-1-SC-37903, Categories: Civil Procedure, Property, Water
J. Thomson finds a lower court ruled correctly in allowing for partial forfeiture of a water right. A special master in the case had reached a finding of "nonuse" regarding a New Mexico resident who asserted a water right on a well, and nonuse is a reasonable justification for forfeiture. Affirmed.
Court: USDC New Mexico, Judge: Brack, Filed On: September 26, 2022, Case #: 1:22cv88, Categories: Healthcare, Labor
J. Brack dismisses most claims brought by a former employee of the NMHSD against the department after she alleged the department had retaliated against her for legitimate complaints and grievances, including alleged violations of the FMLA. Her FMLA claims are not viable because she cannot identify monetary losses, but she may amend or retry her claims in state court.
Court: New Mexico Supreme Court, Judge: Bacon, Filed On: September 26, 2022, Case #: S-1-SC-38367, Categories: Civil Procedure, Government
J. Bacon finds a lower court ruled incorrectly in determining that the New Mexico legislature intended certain violations of the Governmental Conduct Act to be punishable as crimes in a case concerning a county treasurer who allegedly used his position to allegedly pressure people into sexual relationships. A careful reading of the language in the GCA finds that lawmakers intended the relevant sections to be "ethical principles" and "aspirational expressions" rather than criminal statutes. Reversed.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: September 26, 2022, Case #: 5:18cv404, Categories: Civil Rights, Employment
J. Rodriguez finds that most of a doctor's claims, including for disparate treatment and retaliation, should proceed to trial after he sued his former employer, a hospital, for alleged race discrimination and other claims. While the doctor does not provide adequate claims for hostile work environment, elements of that claim provide "relevant, admissible evidence" of staff members' alleged "state of mind when they threatened to quit unless [the doctor] was terminated," including the fact they allegedly referred to him as "homey" and described police shootings of Black people as justified.
Court: USDC Delaware, Judge: Burke, Filed On: September 26, 2022, Case #: 1:20cv1206, Categories: Erisa
J. Burke grants a motion for summary judgment to a union that denied pension payments to a retiree who continued to work in the plumbing industry. Although the letter of denial was insufficient, it was clear in demonstrating the plan administrator's position, such that a remand would be a useless formality.
Court: USDC Northern District of California, Judge: Ryu, Filed On: September 26, 2022, Case #: 4:18cv6313, Categories: Employment, Labor, Attorneys' Fees
J. Ryu grants and denies a motion to alter a judgment and for attorney's fees in a labor lawsuit against Junk King for failing to pay employees overtime wages or provide meal and rest breaks. Carter cannot recover Private Attorneys General Act penalties for Labor Code section 203 waiting time violations after he was terminated. But he is entitled to attorney's fees of roughly $173,000.
Court: USDC Northern District of California, Judge: Seeborg, Filed On: September 26, 2022, Case #: 3:22cv2366, Categories: Contracts
J. Seeborg dismisses some claims without leave to amend in a lawsuit claiming Facebook suddenly terminated Shared.com's ability to use a series of monetization ad features on their site without a proper explanation. Some claims are barred by Section 230 of the Communications Decency Act, which immunizes third party platforms for third-party content. But Shared.com has adequately pleaded claims involving Facebook's obligation to pay its ad partners, and has shown it "wasted money on ads it would otherwise not have purchased."
Court: USDC Northern District of California, Judge: Davila, Filed On: September 26, 2022, Case #: 5:20cv4404, Categories: Labor, Settlements, Class Action
J. Davila grants final approval to a settlement in a wage and hour class action dispute with a trucking company. Each class member will receive a pro rata share of the settlement based on how long they worked for Lhoist between October 20, 2017 through November 15, 2021. Recovery is estimated to be around $1,700 per employee.
Court: Kansas Courts Of Appeal, Judge: Green, Filed On: September 26, 2022, Case #: 124,559, Categories: Evidence, Child Abuse
J. Green finds a lower court properly dismissed a former teacher's challenge to his reckless stalking conviction. The former fourth grade teacher argued that is conviction was improperly based on his victim's subjective fear. However, the government presented sufficient evidence in court that he regularly filmed a child's buttocks using his cell phone, while engaging in "fear-provoking behavior" to further his crime. Affirmed.
Court: USDC Kansas, Judge: Crabtree, Filed On: September 26, 2022, Case #: 2:21cv2435, Categories: Fraud, Negligence, Contracts
J. Crabtree rules HSBC may pursue promissory estoppel claims against a pork products company concerning the grant of a credit facility and a bankruptcy proceeding that followed. HSBC sufficiently showed that the pork products company clearly promised the bank certain property if it defaulted on a loan.
Court: USDC Arizona, Judge: Liburdi, Filed On: September 26, 2022, Case #: 2:22cv155, Categories: Employment, Attorneys' Fees
J. Liburdi grants an employee's motion for attorney's fees after he prevailed on unpaid wages claims against a logistics company. The employee sufficiently showed that his attorney is entitled to fees and anticipated costs based on "excellent results" in court.
Court: USDC Arizona, Judge: Liburdi, Filed On: September 26, 2022, Case #: 2:21cv1568, Categories: Constitution, Immigration
J. Liburdi rules the State of Arizona may pursue constitutional violations against the government concerning certain immigration policies. Arizona sufficiently showed that increases of costs to provide healthcare services to individuals who are subject to removal or detainment has resulted in injury.
Court: USDC Arizona, Judge: Snow, Filed On: September 26, 2022, Case #: 2:19cv2689, Categories: Negligence, Product Liability, Experts
J. Snow denies Fisher- Price's motion to exclude testimony from an expert witness concerning claims of failure to test an inclined baby sleeper. The expert witness sufficiently showed that Fisher- Price may have failed to properly test the sleeper before making it available to the public.
Court: USDC Southern District of Illinois, Judge: Beatty, Filed On: September 26, 2022, Case #: 3:21cv561, Categories: Antitrust, Class Action
J. Beatty grants a group of video service providers' motion to dismiss class claims of cable and video competition law violations. The providers sufficiently showed that CVCL claims are improper because they do not serve as "facilities- based providers" with existing infrastructures.
Court: USDC Kansas, Judge: Broomes, Filed On: September 26, 2022, Case #: 6:21cv1164, Categories: Civil Rights, Disability Discrimination, Employment
J. Broomes grants a rooftop air conditioning units manufacturer's motion for summary judgment concerning a former employee's disability discrimination claims. The former employer sufficiently showed that it eliminated her position to streamline daily operations, and not because she requested accommodations for back pain which was the result of becoming injured on the job.
Court: USDC Eastern District of Pennsylvania, Judge: Robreno, Filed On: September 26, 2022, Case #: 2:17cv5453, Categories: Civil Procedure, Property
J. Robreno denies a couple's motion for recusal in this foreclosure case. The couple only moved for recusal after an unfavorable ruling, making the motion untimely.
Court: USDC Eastern District of Pennsylvania, Judge: Savage, Filed On: September 26, 2022, Case #: 2:20cv1913, Categories: Civil Rights, Employment
J. Savage grants the postal service's motion for summary judgment against an employee who alleges he was fired because of his race. The employee failed to state a claim for race discrimination in his pro se action.
Court: USDC Southern District of Indiana, Judge: Barker, Filed On: September 26, 2022, Case #: 1:20cv2902, Categories: Employment
J. Barker finds in favor of the employer in an employment and racial discrimination case. The evidence shows that the employee was fired for failing to obtain a permanent social work license and not for a discriminatory reason.
Court: USDC Southern District of Indiana, Judge: Sweeney, Filed On: September 26, 2022, Case #: 1:20cv1311, Categories: Civil Rights
J. Sweeney finds in favor of the government defendants in an election fraud and civil rights case. The individual fails to show that any of his rights were violated and his conspiracy claim was not not filed within the statute of limitations.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: September 26, 2022, Case #: 22A-PL-1211, Categories: Insurance
J. Riley finds that the trial court properly ruled in an insurance case. The rules in questions were not procedural, and the power company must file its claim against the insurance company in the related New Hampshire liquidation proceeding. Affirmed.
Court: USDC Northern District of Indiana, Judge: Deguilio, Filed On: September 26, 2022, Case #: 2:18cv33, Categories: Environment, Jurisdiction
J. DeGuilio finds in favor of the company in an environmental case involving the release of hazardous materials in a lake. The evidence presented by the city and foundation fail to show that the company breached a consent decree with the company. In addition, the court declines to exercise jurisdiction over the state law negligence claims.
Court: 11th Circuit, Judge: Marcus, Filed On: September 26, 2022, Case #: 20-10438, Categories: Fraud, Sentencing
J. Marcus finds that the district court properly convicted defendants of multiple counts arising out of their conspiracy to commit access device fraud. Defendants used stolen credit card information as part of a scheme to buy high-end electronics from Target stores. The district court correctly denied defendants' motion to suppress evidence seized from their house pursuant to a search warrant. Law enforcement agents had reason to believe one defendant was inside the house and that they were authorized to enter the home to execute his arrest warrant. The evidence was out in plain sight. The district court did not abuse its discretion by making comments during voir dire about the types of evidence jurors might see in a real life court room compared to what they might have seen on television shows. The district court correctly sentenced defendants. Affirmed.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: September 26, 2022, Case #: 1:22cv01138, Categories: False Claims, Attorneys' Fees, Contracts
J. Thrash grants the contractor's and technology company's motion to dismiss as to the breach of contract and attorney fee claims against the company in an action brought by the contractor alleging that she was fired in retaliation for reporting violations of the False Claims Act. The employer failed to plausibly state a claim against the company under its theory that the company is an alter ego of the contractor. The employer failed to show that the contractor commingled funds with the company. The motion is denied with respect to the counterclaims against the contractor.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: September 26, 2022, Case #: 1:21cv00112, Categories: Negligence, Product Liability
J. Hall grants the company's motion to dismiss the individuals' negligence and strict liability action alleging that the industrial medical sterilization plant operated by the company uses and emits toxic ethylene oxide which contaminated the air around the plant and caused the individuals to suffer numerous health complications, including miscarriages and cancer. All but three of the individuals' injuries cannot be plausibly traced back to the company's emissions. Two of the remaining individuals' claims are barred by the statute of limitation and the other individual failed to show any duty owed by the company. The individuals failed to allege that they lived, worked or went to school inside the elevated-risk area or in any other particular area in which the company caused elevated emission levels.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: September 26, 2022, Case #: A22A0768, Categories: Negligence
J. Dillard finds that the trial court improperly denied the city's motion for summary judgment in a negligence action brought by the driver alleging that a city employee caused a collision with her vehicle and a city waste collection truck. The trial court incorrectly found that a genuine issue of fact existed as to whether the truck's hazard lights were flashing at the time of the collision. The city employees testified that they activated the truck's hazard lights before the collision. Vacated.