173 results for 'filedAt:"2024-02-15"'.
J. Scott denies in part a hospital’s motion for summary judgment against a nurse who alleged she was unfairly discriminated against because she requested a religious accommodation not to follow its mandatory Covid-19 vaccination policy, and because of her age. There is a dispute of material fact as to whether the nurse’s belief, that the vaccine would alter the image that God made her in, is a sincerely held religious belief.
Court: USDC Eastern District of Pennsylvania, Judge: Scott, Filed On: February 15, 2024, Case #: 2:23cv263, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Pallmeyer partially grants several mental health center workers’ motion to reconsider an earlier ruling, which partially denied their motion for summary judgment on a former patient’s failure to intervene claim. That former patient was sexually abused by another center worker, who has since pleaded guilty to criminal charges. The patient then brought damages and failure to intervene claims against other workers, with subsequent summary judgement rulings tossing all but the failure to intervene claims against five individuals. On reconsideration, the court now tosses the claims against one more worker, while they stand for the remaining four.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: February 15, 2024, Case #: 1:17cv7909, NOS: Other Civil Rights - Civil Rights, Categories: Health Care, Damages, Negligence
J. Bucklo rules on 20 separate motions in limine from a parent who says Chicago public school officials beat her son, and on nine separate motions in limine from the public school system itself, as the case moves closer to a possible trial.
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: February 15, 2024, Case #: 1:19cv775, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Education, Emotional Distress
J. Kocoras denies Chicago and its police officers’ motion for summary judgment on a resident’s claims of unreasonable seizure, false arrest, and malicious prosecution, finding the resident has sufficiently alleged that police entered his home without a warrant and arrested him without probable cause.
Court: USDC Northern District of Illinois, Judge: Kocoras, Filed On: February 15, 2024, Case #: 1:22cv1564, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Police Misconduct
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J. Abrams rejects a plaintiff's objections to the consolidation of these three securities class actions against the defendant company. However, its objection to the current lead plaintiff for the consolidated action are persuasive, and the objector shall be substituted as lead plaintiff for the class' Securities Act claims and granted approval of its selected law firms as lead counsel.
Court: USDC Southern District of New York, Judge: Abrams, Filed On: February 15, 2024, Case #: 1:23cv2789, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
J. Wright finds the county court properly denied the ex-wife's request for interest accrued on brokerage accounts she was awarded in the divorce settlement. During the husband's appeal, the wife was denied access to the accounts and then sought interest for that period. The court properly asserted the awards of the accounts were not money judgments. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: February 15, 2024, Case #: 09-21-00183-CV, Categories: Family Law, Banking / Lending
J. Johnson finds the county court improperly denied a credit union's motion to compel arbitration. The member brought a negligence suit after sustaining injuries when a chair he was sitting in, which was owned by the credit union, collapsed. Members' statements of account all include an arbitration provision providing the account owner an opportunity to opt out without loss of rights or benefits. Mobil met its evidentiary burden to establish the existence of a valid agreement and that the claim falls within its scope. Reversed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: February 15, 2024, Case #: 09-22-00393-CV, Categories: Arbitration, Negligence
J. Golemon finds the county court properly found for a mineral processor in an interlocutory appeal arising from a contract formation dispute involving how the processor requested the equipment provider submit its proposal for an equipment sale. The processor’s purchase orders do not incorporate the provider's proposals and attached terms and conditions. The processor is not bound by the terms and conditions that include a waiver of damages. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: February 15, 2024, Case #: 09-23-00028-CV, Categories: Energy, Damages, Contract
J. Baker finds the county court properly found the deceased's will to change the beneficiaries of annuities. The sons argue a recent change in law provides that a testamentary change to an insurance policy or annuity contract beneficiary is ineffective if the change is not made according to the annuity and policy terms, but the law does not state it is to be applied retroactively. The widow also had a vested interest in her husband's annuity when he died, which was before the law's enactment. Affirmed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: February 15, 2024, Case #: CV-23-73, Categories: Family Law, Insurance, Wills / Probate
J. Hudson finds the trial court properly convicted defendant for the murder of his 3-year-old son. Evidence, including a text exchange between he and the mother of the child in which defendant told her "You’re not getting my son...I got him from now on,” and a subsequent autopsy that revealed injuries that had occurred within the time defendant had the child, support his conviction. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: February 15, 2024, Case #: CR-22-590, Categories: Evidence, Murder, Threats
J. Barnes finds the district court improperly found a certain business is the separate property of the husband in a divorce case. The wife's father gave the husband a $100,000 line of credit to start the company. Though the wife and her father were signatories to the organizing document, the court found no authority that being a service agent or a signatory constitutes a partnership in the underlying LLC. The jointly-acquired marital portion of the value of the business must be calculated by the court. Reversed.
Court: Oklahoma Courts Of Appeal, Judge: Barnes, Filed On: February 15, 2024, Case #: 119960, Categories: Family Law, Property
J. Du grants the school district's motion to dismiss a guardian and minor's constitutional and state law negligence claims regarding alleged hazing, harassment, sexual assault and discrimination by players on a high school baseball team. The parties have not adequately alleged a policy that amounts to deliberate indifference to the minor’s constitutional rights and was the moving force behind any purported violations.
Court: USDC Nevada, Judge: Du , Filed On: February 15, 2024, Case #: 3:23cv229, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Education
J. Baker finds the trial court properly convicted defendant for murder based on sufficient evidence. After the victim's friend had received a text from the victim saying "this man is trying to kill me," he was found stabbed 11 times. Defendant, who is blind, fails to support his claim he was grabbed from behind and did not know who he was stabbing. Affirmed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: February 15, 2024, Case #: CR-23-411, Categories: Evidence, Murder
J. Calabretta denies, in part, a county’s motion to dismiss a former inmate’s claims arising from an attack by a cellmate that have left him with permanent brain injuries. He sufficiently alleges his claims under the Rehabilitation Act, the Americans with Disabilities Act and the Bane Act, and for negligence.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: February 15, 2024, Case #: 2:22cv167, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Negligence
J. Moss finds for the environmentalist groups on several of their Endangered Species Act claims arising out of their challenge to the EPA’s approval of the state of Florida’s application to assume permitting power under the Clean Water Act within the state. The EPA unreasonably relied on the Fish and Wildlife Service's flawed biological opinion and incidental take statement.
Court: USDC District of Columbia, Judge: Moss, Filed On: February 15, 2024, Case #: 1:21cv119, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Arnett denies the Army's motion to dismiss the contractor's appeal. The contractor filed an appeal from the denial of its claim involving missing trucks arising from orders against a blanket purchase agreement for the government to place call orders for material-handling equipment in Erbil, Iraq. The board lacks sufficient information to resolve the dispute over whether the claim for missing trucks includes separate claims or is one claim arising from the same facts.
Court: Armed Services Board Of Contract Appeals, Judge: Arnett , Filed On: February 15, 2024, Case #: 63522, Categories: Government, Military, Contract
J. Wood rules in favor of the county and the police officers in a civil rights, excessive force and battery action brought by the individual arising after one of the officers tased him during his arrest. The officers' use of force was not excessive because they believed the individual was holding his girlfriend hostage. A reasonable officer could have believed that the individual posed an immediate threat of harm because he refused to cooperate with the officers and actively resisted their efforts to arrest him. The officers' use of force was proportionate and the individual did not suffer any long-term injuries. The officers are entitled to qualified immunity.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: February 15, 2024, Case #: 2:22cv94, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Estudillo dismisses the homeowner's complaint alleging that the officer repeatedly punched the homeowner in the face while he was handcuffed to the point that he needed to go to the hospital for his injured eye, and then the officers arrested the homeowner once he left the hospital. Among other deficiencies, the homeowner recites his causes of action without specifying any actual policies, practices or customs that violated his rights during the police encounter.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: February 15, 2024, Case #: 3:23cv5782, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Longoria finds on remand from the Supreme Court of Texas that the lower court properly terminated the mother's parental rights to her daughter. Contrary to the mother's contention, the evidence sufficiently supports the endangerment findings under subsections (D) and (E), as well as the lower court's best interest finding. The evidence showed that the mother lacked an understanding of the child's "physical, emotional, and developmental needs." Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: February 15, 2024, Case #: 13-23-00040-CV, Categories: Civil Procedure, Evidence, Family Law
J. Luthy finds the district court properly dismissed a doctor’s contract lawsuit in favor of the hospital with its corporate owner, an administrator and a voting member of the board. The doctor failed to sufficiently address the hospital’s contractual immunity and release of liability defenses. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: February 15, 2024, Case #: 20210606-CA, Categories: Health Care, Immunity, Contract
J. Seeley finds the lower court violated the alleged sexual assault victim's due process rights when it dismissed the case against her assailant without providing notice of the grounds it intended to invoke for the dismissal. Additionally, the court failed to give either party the chance to address the issue of mootness based on previous lawsuits filed by the victim and could not use the prior pending action rule to dismiss the case because the rule had not been raised by the assailant. Reversed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: February 15, 2024, Case #: AC46440, Categories: Due Process
J. Reidinger grants the federal government’s motion to dismiss allegations of negligence brought by the daughter of a woman who died after hospital staff dropped her on her head while she was in a mechanical lift. The daughter is suing the federal government based on its relationship with the Cherokee-owned hospital. Under the Federal Tort Claims Act, which the daughter invokes, the hospital staff are considered federal employees. However, North Carolina doesn’t recognize the negligence claims, so the daughter fails to demonstrate that the FTCA gives the federal court subject matter jurisdiction over the claims.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: February 15, 2024, Case #: 1:22cv10, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Jurisdiction
J. Zilly defers the investors' proposed notices and claim form as part of their unopposed renewed motion for preliminary approval of a proposed settlement for their class action, which alleges that the pharma company made misleading claims about its registration statement. The investors and the pharma company are to craft a suitable opt-out form, which they will include with the notice to putative class members that is available for download from the settlement administrator's website.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: February 15, 2024, Case #: 2:21cv861, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Settlements, Securities, Class Action
J. Readler finds the lower court properly dismissed the released inmate's lawsuit against the parole board members on the grounds of absolute immunity. Their decision to deny an early parole hearing based on changes in Tennessee law involved quasi-judicial authority that bars any suit for damages. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: February 15, 2024, Case #: 22-6004, Categories: Parole, Due Process
J. Baker dismisses the individual's and the individual's company's claims in a negligence action against the bank arising from the bank's alleged failure to recognize the individual's right of rescission in contracts for the purchase of vehicles. The company cannot proceed pro se and failed to retain counsel even after being directed to do so. The individual lacks standing to assert the claims in her personal capacity because the claims rest on contracts that were executed only by the company.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: February 15, 2024, Case #: 4:23cv3, NOS: Other Contract - Contract, Categories: Negligence, Contract