161 results for 'filedAt:"2023-06-13"'.
J. Sargus denies both parties' motions for summary judgment, ruling that questions of fact regarding whether the company's employee was authorized to give a job offer to the applicant, as well as the lack of a written offer to the support the applicant's version of events, prevent judgment on the contract claim brought by the applicant.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: June 13, 2023, Case #: 2:20cv5664, NOS: Other Contract - Contract, Categories: Contract, Employment Retaliation
Per curiam, the appellate division finds that the lower court properly dismissed Kazakhstan's lawsuit related to an alleged conspiracy to procure a fraudulent arbitration award issued by the Swedish Chamber of Commerce under the Energy Charter Treaty. While defendants did not participate in the alleged fraud, Kazakhstan claims they profited off of it by knowingly agreeing to accept a portion of the arbitration proceeds in lieu of interest due on loans. The doctrine of collateral estoppel bars this action, as it essentially purports to litigate "new" evidence related to the same original fraud claim. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 13, 2023, Case #: 03211, Categories: Energy, Fraud, International Law
J. Clifton finds that the district court properly dismissed Religious Freedom and Restoration Act (RFRA) claims challenging Executive Orders 14,042 and 14,043 which mandated Covid-19 vaccination with medical and religious exemptions. The RFRA claims were correctly dismissed for lack of jurisdiction and on sovereign immunity grounds. However, the matter is remanded to the district court with instructions to vacate the portion of the orders addressing all non-RFRA claims. Affirmed in part.
Court: 9th Circuit, Judge: Clifton , Filed On: June 13, 2023, Case #: 22-35474, Categories: Immunity, Jurisdiction, Covid-19
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J. Block grants partial summary judgment to a group of six New York police officers on a woman’s civil rights violations stemming from her arrest on charges of assaulting her ex-husband with an umbrella. The court dismisses her claims for malicious prosecution, failure to intervene and Monell liability, but preserves one claim for false arrest, finding she was able to allege the reporting officers failed to seek information from unbiased witnesses while investigating the incident following a 911 call.
Court: USDC Eastern District of New York, Judge: Block, Filed On: June 13, 2023, Case #: 1:20cv3603, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Police Misconduct
J. Pryor finds that the district court properly found in favor of the employer and its subsidiary in an action brought by the employee alleging that the employer violated the Fair Labor Standards Act by underpaying him for overtime hours. The district court correctly found that the employee was not entitled to equitable tolling. The employee failed to pursue available legal remedies to preserve his claims. The employee's earlier action in South Carolina alleging the same claims is not related to the instant action. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: June 13, 2023, Case #: 22-12261, Categories: Labor
J. Nowell finds that the lower court improperly changed the last names of the children. The mother sought to remove the father's last name, but the lower court added a hyphen instead. The mother did not request "a hyphenated last name." Accordingly, the order did not conform to the mother's petition. Reversed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: June 13, 2023, Case #: 05-22-00937-CV, Categories: Civil Procedure, Family Law
Per curiam, the Missouri Supreme Court finds that the lower court properly found the legislature illegally invaded the constitutional authority of the Conservation Commission by attempting to limit the agency's ability to use its funds to acquire land. The Missouri Constitution explicitly grants the agency authority to use conservation funds to purchase property, and the legislature lacks the authority to restrict the agency from using its constitutionally-granted power. Affirmed.
Court: Missouri Supreme Court, Judge: Per curiam, Filed On: June 13, 2023, Case #: SC99092, Categories: Constitution, Environment
J. grants a request to dismiss on jurisdictional grounds a lawsuit against the Georgia-based nephew of a Louisiana resident seeking the return of $7 million he provided his sister’s son relative to an investment agreement. The evidence indicates that the nephew did not “purposefully direct” any activities towards the jurisdiction in the New Orleans area. Therefore, it would be unfair to subject him to a suit in the Louisiana district. Dismissal is appropriate.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: June 13, 2023, Case #: 2:23cv849, NOS: Other Contract - Contract, Categories: Jurisdiction
Per curiam, the appellate division finds that the lower court properly granted the attorney's motion to dismiss a defamation suit filed against him by a real estate developer over statements he made to the media about the developer's alleged harassment of a tenant in order to get him to leave his apartment so it could be turned into a luxury condo. The attorney's statements constituted comments on an issue of public concern and were an exercise of free speech. However, the lower court improperly denied the attorney fees and costs in this matter. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 13, 2023, Case #: 03188, Categories: Defamation, Attorney Fees
J. Hess finds that the lower court properly found for the developer in a dispute over its legal interest in a subdivision. The homeowners lack standing to bring a declaratory judgment action because they do not have a legally protectable interest in who possesses developer rights in their subdivision. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hess, Filed On: June 13, 2023, Case #: ED110707, Categories: Real Estate, Contract
J. Wilson finds the trial court properly imposed a four-level sentencing enhancement to defendant’s conviction by guilty plea for being a felon in possession of a firearm and ammunition. The enhancements were applied for use or possession of a firearm in connection with another felony offense. The trial court thoroughly analyzed the factors for relevant conduct as to defendant’s repeated instances of firearm possession; that is: similarity, regularity and temporal proximity, finding the evidence weighs in favor of the enhancements. No abuse of discretion is found. Affirmed.
Court: 5th Circuit, Judge: Wilson, Filed On: June 13, 2023, Case #: 22-40121, Categories: Evidence, Firearms, Sentencing
J. Carlyle finds that the lower court properly allowed the appellant's motions to be overruled by operation of law in this breach of contract lawsuit against an attorney. The suit was dismissed under rule 91a, and the appellant fails to negate "at least one valid ground on which the trial court could have relied in granting rule 91a dismissal." Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: June 13, 2023, Case #: 05-21-01061-CV, Categories: Attorney Fees, Contract
[Consolidated.] J. Miller finds that the trial court improperly ruled in favor of the former business partner's competing company on a fraudulent transfer claim and incorrectly awarded attorney fees to the competitor in a dispute with the housing construction company over profits the competitor allegedly failed to transfer to the company after the former business partner was removed from his position at the company. The evidence was insufficient to uphold the verdict in favor of the competitor's fraudulent transfer claim. The trial court also incorrectly granted a directed verdict on the competitor's conversion claim against another construction company. However, the trial court correctly granted summary judgment on the competitor's fraudulent transfer cross-claim against third parties. Reversed in part.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: June 13, 2023, Case #: A23A0280, Categories: Fraud, Fiduciary Duty, Contract
J. Vratil finds that the district court improperly imposed a civil penalty of more than $1.7 million against an individual in a Securities and Exchange Commission’s civil enforcement action against the individual and his attorney for violations of federal securities laws. The individual identified genuine issues of material fact on two additional factors that the district court considered in imposing the civil penalty including the degree of his scienter and his recognition of the wrongful nature of his conduct. Reversed.
Court: 9th Circuit, Judge: Vratil, Filed On: June 13, 2023, Case #: 21-55859, Categories: Securities
[Consolidated.] J. Riedmann finds the trial court properly convicted defendant for assault by strangulation, domestic assault and child abuse. The father testified that he told defendant to stop arguing in front of their children which caused her to grab the back of his shirt, resulting in strangulation. Defendant then hit him in the face while holding their crying minor child. Another case arose from an officer’s investigation into defendant’s threatening of suicide and the suicide of the children, which resulted in her biting an officer during has attempt to detain her. All evidence supports conviction. There was no abuse of discretion in the court’s overruling defendant’s motion to withdraw her plea. The record is sufficient to address her claim of ineffective assistance and refutes the allegations. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: June 13, 2023, Case #: A-22-884, Categories: Assault, Plea, Child Victims
[Consolidated] J. Peterson finds partially in favor of the county officials and jail medical services companies in the husband’s lawsuit alleging deliberate indifference in their failure to provide his wife with her medications, leading to her death from a heart attack while incarcerated. The officials' and companies’ motion to dismiss is largely denied with the exception of an individual capacity claim against a police captain who oversaw the jail, as the husband has done enough to plausibly allege unconstitutional policies which cause the companies to provide “cheap and inferior health care,” but he has not shown the captain was himself involved with his wife’s care. The husband’s objections to the magistrate judge’s previous discovery order are sustained, and the magistrate’s order quashing the husband’s subpoenas is set aside and he is allowed to pursue legal documents and settlement agreements that might be relevant to his Monell claims.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 13, 2023, Case #: 3:20cv1123, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Negligence
J. Baker finds that the district court employed its "conscientious judgment" in determining that defendant had regained competence and that criminal proceedings against him for hijacking a bus could resume. He was only required to appreciate the criminality of his actions in order to be sentenced, not to show he was fit to stand trial. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: June 13, 2023, Case #: DA 21-0196, Categories: Competence, Assault, Speedy Trial
J. Powell finds that the lower court properly convicted defendant of sodomy, incent, and child molestation. Although multiple acts of abuse were introduced at trial, the nature of the evidence minimized any risk that the jury did not substantially agree to the same acts described in the jury instructions to support the verdicts. Affirmed.
Court: Missouri Supreme Court, Judge: Powell, Filed On: June 13, 2023, Case #: SC99554, Categories: Sex Offender, Child Victims, Jury Instructions
Per curiam, the court of appeals finds that the appellate division improperly held that defendant's right to represent himself had not been violated when he pleaded guilty to burglary because the searching inquiry should have been made to ensure voluntariness. Reversed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: June 13, 2023, Case #: 71 SSM 2, Categories: Self Representation
J. Suddaby preserves an employment-related lawsuit brought by the two female corrections officers against Warren County with claims for sex-based disparate treatment and retaliation. One officer was denied light duty work to accommodate her pregnancy, while the other was not offered permanent employment after she complained that she was being harassed by a coworker because she was pregnant. As to the first officer’s claims, based on admissible testimony, there exists a genuine dispute of material fact as to whether other officers were provided similar accommodations. As to the second, there remains a dispute as to the veracity of the county’s claim that she was fired for failing to conduct a contraband search of an inmate’s cell.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: June 13, 2023, Case #: 1:19cv1061, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation