167 results for 'filedAt:"2023-08-16"'.
J. Leinenweber denies a Mexican airline’s motion for summary judgment on consolidated negligence, personal injury and emotional distress claims brought by survivors of a plane crash. The airline’s aircraft crashed in Durango, Mexico shortly after takeoff while Illinois residents ultimately bound for Chicago were aboard. The court finds that factual disputes still remain regarding the exact causes of the survivors’ injuries, making summary judgment inappropriate.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: August 16, 2023, Case #: 1:18cv6303, NOS: Airplane - Torts - Personal Injury, Categories: Negligence, Emotional Distress, Experts
J. Wright partially denies the city, county and Department of Natural Resources and their officers' motions to dismiss the protester's suit alleging constitutional violations during protests of the death of Daunte Wright. The protester has standing to bring his claims and to seek injunctive relief, and has plausibly alleged that the county sheriff knew of an unconstitutional pattern of behavior by his subordinates sufficient to overcome a qualified-immunity defense. The protester's Fourteenth Amendment claims are dismissed for failure to state a claim, but his conspiracy claims survive.
Court: USDC Minnesota, Judge: Wright, Filed On: August 16, 2023, Case #: 0:22cv1666, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
Per curiam, the circuit finds that a lower court properly dismissed defendant's motion to remain in the United States. Defendant argues that his Hobbs Act robbery offense is not a crime of violence. However, the government presented sufficient evidence in court that he robbed an ATM vendor, which disqualifies his request for relief from deportation. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: August 16, 2023, Case #: 22-2335, Categories: Immigration, Robbery
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Grosjean denies, in part, Walmart’s motion to dismiss two individuals' class labor and wage claims. The individuals have sufficiently alleged six of their claims, including for overtime, minimum wage and rest period violations.
Court: USDC Eastern District of California, Judge: Grosjean, Filed On: August 16, 2023, Case #: 1:20cv500, NOS: Other Labor Litigation - Labor, Categories: Labor
J. Newman denies, in part, the government’s motion to dismiss an individual's claims for a $12,000 tax refund and equitable estoppel. The individual followed the proper civil procedure to seek a tax refund return, and has sufficiently alleged his claims.
Court: USDC Eastern District of California, Judge: Newman, Filed On: August 16, 2023, Case #: 2:23cv432, NOS: IRS-Third Party 26 USC 7609 - Federal Tax Suits, Categories: Civil Procedure, Tax
J. Murphy finds the lower court properly granted the prison guard's motion for summary judgment on Eighth Amendment claims filed by an inmate. While the guard was charged with a misdemeanor for his use of force, the inmate failed to prove the use of violence was malicious and sadistic. The inmate suffered no visible injuries after the guard grabbed his throat and shoved him against the wall, and while he complained of neck pain in the months that followed, the guard believed force was necessary to subdue the inmate after he disobeyed orders. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: August 16, 2023, Case #: 22-1937, Categories: Civil Rights, Constitution, Evidence
Per curiam, the Georgia Supreme Court accepts attorney Andrew Matteson's petition for voluntary discipline arising from two disciplinary matters. The attorney admitted that he stopped apprising a client of legal matters and that an $86,000 consent judgment was entered against the attorney after the client sued him. Another client pursued a legal malpractice claim against the attorney and a $640,000 arbitration award was entered in favor of the client. The attorney presented evidence supporting his claims that he was depressed, voluntarily stopped practicing law for at least six months and fulfilled his ethical obligations to his clients. The attorney is suspended for six months nunc pro tunc and is reinstated with conditions.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: August 16, 2023, Case #: S23Y0585, Categories: Judiciary, Attorney Discipline
J. Wiley finds that the trial court properly denied a name change petition because petitioner had an outstanding warrant. A trial court has the authority to deny a name change even in the absence of a third party opposing the name change and it is required to by statute to check the state's criminal database for outstanding warrants before granting a name change. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: August 16, 2023, Case #: B322152, Categories: Public Record
J. Metcalf partially grants a group of golf club members their motion to compel discovery against the club, specifically a list of the club’s members and financial records. The group claims breach of contract for member overpayment and is correct in arguing that without a full list of member names, they may not be able to find the right members to depose. Also, all the club’s financial records are not relevant to this case, but the ones concerning the mortgage are.
Court: USDC Western District of North Carolina, Judge: Metcalf, Filed On: August 16, 2023, Case #: 1:21cv333, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Business Practices, Banking / Lending, Contract
J. Fader finds that attorney Marylin Pierre should be reprimanded after an email circulated accusing her of making false statements about sitting judges. Pierre was running for one of the judge’s seats in the circuit court of Montgomery County. A campaign manager for the group of judges sent the email two months prior to the election to Montgomery attorneys, alleging the false statements and that the attorney had engaged in unprofessional conduct in the past. Pierre had claimed that the four sitting judges had been selected on the basis of bias and diversity. She also inflated and fabricated some of her own qualifications. A hearing judge did find evidence of Pierre’s professionalism violations, although her record shows mostly legitimate conduct throughout her career. Because of the unusual circumstances involving the election, Pierre will not be disbarred but reprimanded.
Court: Supreme Court of Maryland, Judge: Fader, Filed On: August 16, 2023, Case #: C-02-CV-21-001655, Categories: Sanctions, Attorney Discipline
Per curiam, the Ninth District finds the trial court properly denied the inmate’s motion for post-conviction DNA testing. Defendant was sentenced to life in prison for two counts of aggravated robbery. Though he believes that evidence is in the state’s possession containing blood, semen, hair, saliva, skin tissue or cells, fingernail scrapings, bone, bodily fluids or other identifiable biological evidence, he failed to support his motion for testing with the required affidavit containing statements of fact. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: August 16, 2023, Case #: 09-23-00039-CR, Categories: Dna, Robbery, Due Process
J. Dooley grants, in part, the franchise developer's motion for summary judgment, ruling the parent company is liable for a breach of the master development agreement for its termination of the agreement after the developer filed suit in this court.
Court: USDC Connecticut, Judge: Dooley, Filed On: August 16, 2023, Case #: 3:20cv360, NOS: Franchise - Contract, Categories: Contract
J. Lindsay denies, in part, a company's motion for summary judgment on a former worker's employment discrimination and retaliation claims. There are questions of fact whether she was terminated due to taking leave under the Family and Medical Leave Act.
Court: USDC Northern District of Texas , Judge: Lindsay, Filed On: August 16, 2023, Case #: 3:22cv932, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Hall finds in favor of the prison officials in a civil rights action brought by the estate administrators after their father died from septic shock and Crohn's disease while in prison. Two officials were not in their respective roles during the period of the father's incarceration and a third official was not responsible for the father's treatment and medical supplies because his employment ended a few days after the father's arrival. The doctor did not personally provide the father with treatment and the co-administrators failed to show there was any history of widespread abuse sufficient to put the doctor on notice of a pattern of constitutional violations.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: August 16, 2023, Case #: 1:21cv40, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Prisoners' Rights
J. Underhill denies the department store's motion for summary judgment, ruling that disputes of fact regarding whether a t-shaped metal hook on the floor caused the shopper to fall must be decided by a jury. Furthermore, surveillance footage that showed the hook was there for at least an hour prior to the accident would allow a reasonable jury to determine the store had notice of the condition and should have picked up the hook.
Court: USDC Connecticut, Judge: Underhill, Filed On: August 16, 2023, Case #: 3:21cv1733, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Negligence, Premises Liability
J. Bell denies a health care consulting firm summary judgment in a 13-year-old case brought against it for false claims and deceptive trade practices by a private emergency health care provider. In 2008, the firm’s new CEO began an aggressive push to inappropriately raise inpatient admissions in all emergency rooms under the provider, which contracted with the firm. While the firm argues that the provider simply failed to comply with new corporate guidelines, the provider claims the firm constantly pressured it to commit fraud and that the firm wrongfully terminated the contract, then replaced it with a provider who was willing to do its bidding.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: August 16, 2023, Case #: 3:10cv472, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Trade, False Claims
[Substitute opinion.] J. Zahn finds that the revised short and general ballot titles for the "The Idaho Open Primaries Act" that were submitted by the Attorney General substantially comply with this court's August 10, 2023 opinion and order. The previous short and general ballot titles for "The Idaho Open Primaries Act" did not substantially comply with statute. The titles did not match the language of the initiative or the way the system it proposes is commonly referred to. The term "nonparty blanket primary" was not adequately distinctive and it is prejudicial. Also, the statement that the initiative would "require ranked choice voting" was prejudicial. Without valid, certified ballot titles, proponents of the measure could not start the process of collecting signatures. The proponents have associational standing because they have established injury in fact from the inability to gather signatures, gathering signatures is germane to their alleged purpose and the benefits of valid titles would be shared by the proponents without need to show benefits to individual members.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: August 16, 2023, Case #: 50940, Categories: Elections
J. Fernandez finds the trial court properly revoked defendant's probation and gave him a life sentence for a battery charge, at least the sixth in his record. Defendant claims the trial court revoked his probation based on an uncharged violation, but the record is clear the trial court would have revoked probation and imposed the same sentence regardless of considering the violation. However, a portion of the trial court's order is reversed and remanded so the trial court can conform its written order to its oral pronouncement which included mention of the uncharged offense. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: August 16, 2023, Case #: 22-1120, Categories: Probation, Sentencing, Battery
J. Pagan finds the trial court properly denied an insured's motion for summary judgment after concluding that the insurance policy’s Governmental Action Exclusion applied, and that the cause of the insured's loss of revenue was an executive order related to the Covid-19 pandemic issued by the Governor of Oregon. Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: August 16, 2023, Case #: A176901, Categories: Insurance
J. Marconi affirms the Compensation Appeals Board’s decision to grant an insurance carrier’s request to reduce an individual’s temporary total disability benefits to the diminished earning capacity rate. The testimony of the individual and the experts who treated her were inconsistent with each other, so an independent expert’s opinion was honored over their opinions.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: August 16, 2023, Case #: 2021-0153, Categories: Health Care, Insurance, Experts