142 results for 'filedAt:"2023-09-19"'.
J. Lavin holds that the trial court properly dismissed a wrongful death action after finding that decedent's injury and death were related to his employment and fell within the exclusive ambit of workers' compensation. The dual capacity exception does not apply because the employer provided first aid in its capacity as decedent's employer, not as medical providers outside the employment relationship. The fraudulent concealment exception does not apply because the employer first learned of decedent's injuries when he told them. Affirmed.
Court: California Courts Of Appeal, Judge: Lavin, Filed On: September 19, 2023, Case #: B322732, Categories: Negligence, Workers' Compensation
J. Chasanow denies an immigrants' rights advocacy organization and a group of tenants it represents their motion for settlement classification after they sued a property owner for violations of the Fair Housing Act. The organization and tenants claim the property owner discriminated against the tenants as evidenced by failure to address numerous requests to repair and maintain their living spaces. The tenants have yet to provide enough information to proceed but may do so and renew their request for classification.
Court: USDC Maryland, Judge: Chasanow, Filed On: September 19, 2023, Case #: 8:21cv1778, NOS: Housing/Accommodations - Civil Rights, Categories: Immigration, Landlord Tenant, Class Action
J. Currey finds that the trial court prematurely dismissed a challenge to the constitutionality of a school district's Covid-19 distance-learning policy at the pleading stage. Distance learning has ended but the challengers' claim that the policy was discriminatory is not moot as they have a viable remedy for alleged past and continuing harms. Also, it was error to strike class allegations due to the possibly individualized nature of the remedies. Allegations of intra-district and inter-district race and wealth discrimination were sufficient to survive the pleading stage. And allegations that distance-learning policies continue to cause learning loss and disengagement could be remedied by injunctive relief. Reversed in part.
Court: California Courts Of Appeal, Judge: Currey, Filed On: September 19, 2023, Case #: B315814, Categories: Education, Covid-19, Class Action
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. Thrash partially grants the company's motion to dismiss the former company president's counterclaims in a breach of contract and fraud action arising from his alleged participation in a kickback scheme. The motion is granted as to the president's counterclaim for tortious interference. However, the motion is denied with respect to the counterclaims for breach of contract and bad faith. The president plausibly stated a claim for breach of contract arising from the company's alleged repudiation of an obligation in the employment agreement.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: September 19, 2023, Case #: 1:23cv1158, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. McGrath finds that the district court properly held that a candidate was not eligible to run for Roosevelt County Attorney because he was not a resident there. The statutory use of the word "habitation" means the place where a person intends to return even when absent. The district court was not required to make findings to determine his actual residence. Affirmed.
Court: Montana Supreme Court, Judge: McGrath, Filed On: September 19, 2023, Case #: DA 23-0115, Categories: Elections
J. Martinez grants a company summary judgment in claims concerning a gravel mining contract brought after a gravel pit caused potential flooding upon filling with water because defendants failed to prove concrete harm, and the contract unambiguously holds defendants responsible for further plans concerning the pits.
Court: USDC Colorado, Judge: Martinez, Filed On: September 19, 2023, Case #: 1:21cv2153, NOS: Other Contract - Contract, Categories: Contract
J. Gobeil finds that the trial court properly re-sentenced defendant to 30 years in prison for his burglary and theft by taking convictions. Defendant's theft by taking convictions were merged and he was not punished multiple times for the same crime when he was sentenced to 10 years for the merged conviction. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: September 19, 2023, Case #: A23A0875, Categories: Burglary, Sentencing, Theft
J. Bourgeois denies a request by an insurance company to depose additional corporate representatives on the issue of unpaid damages alleged by its insured, a business that owns 36 apartment complexes in Louisiana. The insurer argues that the president of the apartment complex corporation has given insufficient responses on the topic. That the business will not be required to designate a new corporate representative on the issue of damages does not leave the insurance company without any remedies.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: September 19, 2023, Case #: 3:22cv485, NOS: Insurance - Contract, Categories: Insurance, Damages, Discovery
J. Earl finds that the trial court improperly convicted defendant on two counts of dissuading a witness. His repeated attempts to have his children lie to police about his firing a gun in their home were not attempts to induce them to provide false testimony. Also, the trial court should have instructed the jury on the elements of intent and gross negligence related to a count for grossly negligent discharge of a firearm, but the error was harmless. Reversed in part.
Court: California Courts Of Appeal, Judge: Earl, Filed On: September 19, 2023, Case #: C095560, Categories: Firearms, Witnesses, Child Victims
J. Bumb stays class claims contending a payment processing company's electronic deposit product for cafeteria food failed to explain fees on deposits. Plaintiffs' discovery requests duplicated requests made in a similar action, and the facts are nearly identical to the other complaint. Meanwhile, the forum selection clause in the terms of service does not negate that the other case was filed first.
Court: USDC New Jersey, Judge: Bumb , Filed On: September 19, 2023, Case #: 1:20cv14929, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Fraud, Class Action
J. Wolford allows an employee to continue certain claims contending a company and its executives made false representations about prevailing wage requirements on a city project, and fired the employee for raising objections. The court assumes the company requested payment from the city, which would fall under the false claims act, but evidence did not indicate the request contained material misrepresentations. However, the employee may have been terminated for engaging in protected activity.
Court: USDC Western District of New York, Judge: Wolford , Filed On: September 19, 2023, Case #: 6:20cv6167, NOS: False Claims Act - Torts - Personal Injury, Categories: False Claims, Employment Retaliation
J. Torresen declines to dismiss a convenience store employee’s suit claiming he was fired for enforcing the mask mandate during the Covid-19 pandemic. This caused a customer to swear at the employee, who swore back. While it is reasonable to fire an employee for swearing at a customer, there have been instances in the past where the employer has not fired an employee who swore at customers, suggesting the employee’s Covid-19 safety concerns were part of the decision to fire him.
Court: USDC Maine, Judge: Torresen, Filed On: September 19, 2023, Case #: 2:22cv26, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Covid-19, Whistleblowers
J. Detjen finds that the trial court properly denied a lender's application for an order to sell a debtor's home to satisfy a breach of contract judgment. The term "consumer debt" in the statute that prohibits the forced sale of a judgment debtor's home to satisfy a consumer debt is broadly defined and may include debt incurred to buy a 42-foot powerboat. Affirmed.
Court: California Courts Of Appeal, Judge: Detjen, Filed On: September 19, 2023, Case #: F083253, Categories: Consumer Law, Banking / Lending