207 results for 'filedAt:"2023-06-07"'.
J. Massing finds defendant's confession, made minutes after the murder, that he had just killed someone for "running his mouth" should have been suppressed. His confession was a product of custodial interrogation and the officer who handcuffed and frisked him did not read him his Miranda rights. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Massing, Filed On: June 7, 2023, Case #: 21-P-916 , Categories: Evidence, Miranda, Murder
J. Barbier, following a bench trial, finds that the owner of a twin-screw pushboat breached its contract with a shipyard for repairs, and owes the shipyard for work invoiced at $572,113. The ruling finds that the shipyard is entitled to prejudgment interest at a rate of 6% per annum from July 30, 2021, until paid.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: June 7, 2023, Case #: 2:22cv1169, NOS: Marine - Contract, Categories: Evidence, Maritime, Contract
[Consolidated.] J. Hodges finds that the trial court improperly denied the EMS company's motion to exclude testimony from the estate's expert witness in a negligence action brought by the estate after the decedent died of an intentional drug overdose. The action arose after EMTs cancelled their response following instructions from police who investigated the scene of the 911 call. The expert failed to establish a recognized standard of care which would have required the company to do more or override what responders were told by law enforcement. The expert was also not authorized to testify on the issue of the company's training procedures because he knew nothing about how the company's crew was trained. However, the trial court correctly granted in part the company's motion for summary judgment on the estate's punitive damages and attorney fees claims. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: June 7, 2023, Case #: A23A0291, Categories: Negligence, Experts
J. McKeown finds that the district court erred in dismissing a Title VII sexual harassment claim against an apparel maker for failure to state a claim. Eight former employees claim that the company permitted its managers and employees to routinely play “sexually graphic, violently misogynistic” music throughout its warehouse. The Ninth Circuit aligned with other circuit courts which held that "music with sexually derogatory and violent content, played constantly and publicly throughout the workplace, can foster a hostile or abusive environment and thus constitute discrimination because of sex." Vacated.
Court: 9th Circuit, Judge: McKeown, Filed On: June 7, 2023, Case #: 21-17138, Categories: Employment
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Per curiam, the appellate division finds that the lower court properly granted the school's motion to compel discovery in a personal injury suit. The family must provide the school with a supplemental bill of particulars describing the location of the accident beyond just the address of the school. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 7, 2023, Case #: 03028, Categories: Tort, Discovery
Per curiam, the Virgin Islands Supreme Court finds Warren T. Burns has failed to prove he is entitled to a mandamus order to dismiss or demand the timely adjudication of a grievance against him from a disciplinary counsel. The counsel lacks the authority to order the board to which it referred its charges to expedite scheduling or otherwise direct its proceedings, and given the understandable reasons for the delay in the board's proceedings, the lawyer also has not proven he is entitled to mandamus relief as to the board's actions either, as he has other adequate ways to achieve the relief he seeks.
Court: Virgin Islands Supreme Court, Judge: Per curiam, Filed On: June 7, 2023, Case #: 2023 VI 7, Categories: Administrative Law, Attorney Discipline
J. Arterton grants the employee's motion for attorney fees, ruling it was not reasonable for the employer to remove the case to this court because it was obvious from the outset any damages to the employees for unpaid wages would come nowhere close to the jurisdictional threshold of $75,000. Therefore, the case will be remanded and the employee will be awarded more than $6,000 in attorney fees.
Court: USDC Connecticut, Judge: Arterton, Filed On: June 7, 2023, Case #: 3:23cv140, NOS: Other Labor Litigation - Labor, Categories: Attorney Fees, Class Action, Labor
J. McIlmail denies the government’s motion to dismiss this claim seeking relief for allegedly unfair performance evaluations. There has been no “litigation development” at issue in this appeal to result in the appeal arguably being made moot. “Live” issues include whether “factual substance” survives the contracting officer’s rescission decision to the prejudice of the contractor, and whether the “factual substance” of the ratings is fair, accurate and consistent with Federal Acquisition Regulations.
Court: Armed Services Board Of Contract Appeals, Judge: McIlmail , Filed On: June 7, 2023, Case #: 63531, Categories: Government, Military, Contract
J. Sannes preserves claims for contribution, breach of contract and violations of various federal and state housing and discrimination laws brought by a group of 28 senior housing complexes against an architectural firm alleging they failed to provide architectural plans for housing renovations that were complaint with the federal housing regulations. The court finds the owners’ claims are not preempted or barred by the Fair Housing Act and that they have standing to bring claims that were assigned to them by a group of Fair Housing organizations who had filed a previous complaint stemming from the housing violations.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: June 7, 2023, Case #: 5:22cv278, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Construction, Housing
Per curiam, the appellate division finds that the lower court properly dismissed a personal injury suit stemming from a trip and fall on a sidewalk in front of a CVS Pharmacy. The height differential between the sidewalk and the curb where the customer tripped was physically insignificant and did not create a dangerous condition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 7, 2023, Case #: 03002, Categories: Tort
J. Miller finds that the trial court improperly entered a temporary order granting the father sole legal and physical custody of the child. The trial court incorrectly failed to make written findings of fact and conclusions of law as required under the statute after the mother's timely request. Vacated.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: June 7, 2023, Case #: A23A0486, Categories: Family Law
J. McKeown finds that the district court properly entered judgment on a copyright action brought by a real estate photography studio concerning the online display of its photos by an online real estate marketplace. Thousands of copyrighted photos on the real estate marketplace's site come from the professional real estate photography studio. The 2,700 photos used were not part of a compilation, therefore each individual photo constituted an infringement. Affirmed.
Court: 9th Circuit, Judge: McKeown, Filed On: June 7, 2023, Case #: 22-35147, Categories: Copyright
J. Gilman grants an immigrant's petition for review of the Board of Immigration Appeals’ dismissal of his appeal of an immigration judge’s determination that his asylum application had been abandoned because it was not timely filed. The Immigration Judge's rejection of the opportunity to file a relief application deprived the immigrant of a full and fair opportunity to be heard.
Court: 9th Circuit, Judge: Gilman, Filed On: June 7, 2023, Case #: 21-298, Categories: Immigration
J. Badding finds that the city was improperly granted dismissal of plaintiff's claims for injuries sustained in a collision with a police cruiser because the officer may have driven recklessly through a stop sign while responding to an emergency. Reversed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: June 7, 2023, Case #: 22-1026, Categories: Negligence
J. Buller finds that the department of health and human services properly suspended a pharmacy's Medicaid payments based on credible allegations of fraud and evidence from an invoice review. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: June 7, 2023, Case #: 22-1334, Categories: Fraud, Medicaid
J. Donovan finds the Department of Health and Human Services correctly decided that the petitioner is ineligible for developmental disability services because it is entitled to use its discretion. It did so with feedback from a clinical neuropsychologist who is also a licensed psychologist, as well as from a consultant with experience with agencies serving high-risk individuals with developmental disabilities. The department’s delay in setting up a hearing and making a final decision was not a violation of scheduling requirements because it was due to the global pandemic and out of its control.
Court: New Hampshire Supreme Court, Judge: Donovan, Filed On: June 7, 2023, Case #: 2022-0181, Categories: Health Care, Due Process, Covid-19
J. Scudder finds that the lower court properly convicted defendant of attempted enticement of a minor after he responded to an FBI sting operation's Craigslist ad. Defendant made his sexual desires clear in messages back and forth, and intended to influence the minor to submit to sexual activity by buying her gummy bears. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: June 7, 2023, Case #: 22-1877, Categories: Sex Offender, Child Victims
J. Badding finds that plaintiff was properly held responsible for unpaid income tax after the decedent transferred property to her in an effort to avoid paying taxes prior to his death because taxes the decedent owed to the state constituted debt subject to payment. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: June 7, 2023, Case #: 22-0882, Categories: Tax, Wills / Probate
J. Rovner finds that the lower court improperly dismissed a Fair Debt Collection Practices Act suit alleging that a debt servicer improperly sent her misleading notices of a debt she owed to a different entity. The servicer's letter led the debtor to unnecessarily expend additional time and money to re-validate her debt, to ensure that it was accurate and valid. Reversed.
Court: 7th Circuit, Judge: Rovner, Filed On: June 7, 2023, Case #: 21-2792, Categories: Debt Collection, Consumer Law
J. Seeger finds that the U.S. District Court of Northern Illinois has diversity jurisdiction over this product liability class action filed against a cold and flu medicine manufacturer. The class claims that the manufacturer’s “non-drowsy” cold medicine actually did make them drowsy. The lead plaintiff in the class is a New York citizen, the manufacturer is registered in Delaware but does business mainly in Illinois, and the contested damages exceed $5 million. The court finds these facts together are sufficient to justify diversity jurisdiction.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: June 7, 2023, Case #: 1:22cv747, NOS: Contract Product Liability - Contract, Categories: Product Liability, Jurisdiction, Class Action