153 results for 'filedAt:"2024-02-20"'.
J. Adelman grants summary judgment to Union Pacific in a lawsuit from former employees claiming they were not given proper 60 days' notice before a group of 44 workers were laid off from a railroad yard in Milwaukee in 2019. There is no dispute in the record that only 21 of the employees who were furloughed count as "affected employees" under the "mass layoff" provision of Wisconsin's Business Closing and Mass Layoff Law and related administrative code, which, as the Department of Workforce Development concluded, falls short of the 25-employee bar for the furloughs to be considered a "mass layoff" under the statutory scheme. Given all of this, Union Pacific was not required to give 60 days' notice of the layoffs.
Court: USDC Eastern District of Wisconsin, Judge: Adelman, Filed On: February 20, 2024, Case #: 2:21cv1354, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment
J. Grosjean recommends granting, in part, default judgment to a bank on its contract action against a trucking company. The company, which failed to respond to the complaint, must pay $152,000 in monetary damages after it failed to make payments on a loan for the purchase of two vehicles.
Court: USDC Eastern District of California, Judge: Grosjean, Filed On: February 20, 2024, Case #: 1:23cv226, NOS: Other Contract - Contract, Categories: Damages, Banking / Lending
J. Gabriel finds the trial court properly refused to allow defendant to ask each potential juror their race because the question was irrelevant and he was still allowed to ask various questions regarding racial bias, a key issue for his defense at trial. Meanwhile, the trial court properly allowed the prosecution to use back-to-back peremptory challenges to dismiss two black jurors because the jurors' opinions on police and the death penalty gave the court legitimate reasons to excuse them. Affirmed.
Court: Colorado Supreme Court, Judge: Gabriel, Filed On: February 20, 2024, Case #: 2024CO10, Categories: Constitution, Jury
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J. Ebel finds that the lower court properly denied defendant's motion to suppress evidence regarding his child pornography convictions. Defendant sought to suppress emails that contained the content after law enforcement got the emails on a tip from the National Center for Missing and Exploited Children. It is common practice for law enforcement to use tips and other leads from organizations such as that. Even if police did not act on the tip, there was enough evidence that inevitably would have been discovered during the investigation. Affirmed.
Court: 10th Circuit, Judge: Ebel, Filed On: February 20, 2024, Case #: 22-2085, Categories: Evidence, Child Pornography
J. Marbley grants, in part, the employer's motion for judgment on the pleadings, ruling the employee's claim for liquidated damages under the Fair Labor Standards Act is barred because the underlying liability regarding overtime pay is disputed by the employer.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: February 20, 2024, Case #: 2:23cv1874, NOS: Fair Labor Standards Act - Labor, Categories: Damages, Employment Retaliation, Labor
J. Woodcock denies in part a town’s motion to dismiss claims brought against it by a property owner, after the town’s code enforcement officer gave the property owner instructions on how to make his property up to code, and then claimed the property owner made the property more dangerous by following those instructions. The property owner sufficiently substantiates his federal and Maine Civil Rights Act claims.
Court: USDC Maine, Judge: Woodcock, Filed On: February 20, 2024, Case #: 1:23cv162, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, Equal Protection
J. Garcia finds that the appellate division improperly denied defendant habeas relief after he committed additional violent felonies while out on bail awaiting trial. Such defendants can be remanded if considered a flight risk or if viewed as a danger to the community at large, but since defendant fell into the latter category, a hearing should have been held to submit witness testimony, evidence, or grand jury transcripts. Reversed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: February 20, 2024, Case #: 04, Categories: Habeas, Bail, Due Process
J. O’Scannlain denies a medical center’s petition for review and grants the National Labor Relations Board’s cross-application for enforcement on an order finding that the medical center engaged in an unfair labor practice under the National Labor Relations Act ceasing union dues checkoff under a collective bargaining agreement.
Court: 9th Circuit, Judge: O’Scannlain, Filed On: February 20, 2024, Case #: 22-1804, Categories: Health Care, Labor / Unions
J. Thrash grants the manufacturers' motion to dismiss a product liability action brought by the consumer alleging that she developed acute lymphoblastic leukemia after using the manufacturers' Neutrogena Beach Defense sunscreens. The consumer failed to plausibly establish that the sunscreens she used contained the carcinogen benzene and that the manufacturers' products caused her injuries. A recall notice stating that benzene was identified in some samples of the products does not show that the sunscreens used by the consumer were among the samples.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: February 20, 2024, Case #: 1:23cv3127, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability
J. Mathis finds defendant's previous conviction in Ohio for aggravated robbery did not constitute a crime of violence under federal sentencing guidelines. The conviction did not include an underlying theft offense that involves the use of force, while that state's definition of robbery is broader than the federal definition of extortion. Therefore, the lower court sentenced defendant on an incorrect guideline and his sentence will be vacated to allow for resentencing. Reversed.
Court: 6th Circuit, Judge: Mathis, Filed On: February 20, 2024, Case #: 22-4052, Categories: Firearms, Robbery, Sentencing
J. Estudillo remands the hourly employee's class action alleging that the healthcare company did not provide meal and rest periods, did not pay overtime and withheld wages. The healthcare company does not present enough evidence to prove that the employee claims that it violated Washington law 60% of the time. A 20% violation rate is more reasonable in this case based on the evidence presented, including the fact that the employee uses phrases like "at times," which implies that the alleged illegal practices did not happen consistently. Based on this 20% rate, the potential damages do not meet the $75,000 jurisdictional minimum.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: February 20, 2024, Case #: 3:23cv5892, NOS: Other Labor Litigation - Labor, Categories: Employment, Jurisdiction, Class Action
J. Alley finds a lower court did not err in granting summary judgment to a title company that sued a seller to recoup expenses after it said the seller sold a property without paying off an existing lien. On appeal, the seller has disputed an affidavit from the president of the title company describing how it resolved that lien, but this is “the first time” the seller has raised this issue and he did not adequately preserve error for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: February 20, 2024, Case #: 08-23-00135-CV, Categories: Property, Real Estate, Contract
J. Markle finds that the probate court improperly ruled that the son breached his fiduciary duties while acting as the decedent's conservator and incorrectly ordered the son to reimburse the decedent's estate. The probate court did not follow statutory rules when it failed to determine who acted as the decedent's personal representative and whether the court was required to appoint a guardian-ad-litem. Vacated.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: February 20, 2024, Case #: A23A1397, Categories: Wills / Probate
Per curiam, the Georgia Supreme Court suspends attorney Cheryl Joyce Braziel from the practice of law in Georgia for two years for violating the Georgia Rules of Professional Conduct during negotiations with lienholders in settling a personal injury case. The attorney failed to timely notify a hospital and the Texas attorney general of her receipt of settlement funds and failed to promptly satisfy the negotiated liens. The attorney's reinstatement is conditioned on her participation in the state bar's law practice management program.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: February 20, 2024, Case #: S24Y0267, Categories: Judiciary, Attorney Discipline
J. Williamowksi finds the lower court properly granted permanent custody of the children to family services. Although the father had a bond with the children and clearly loved them, they expressed a desire to remain with their foster family and the father was unable to provide a safe environment as a result of various drug addictions and serious mental health issues, including bipolar disorder and schizophrenia. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: February 20, 2024, Case #: 2024-Ohio-626, Categories: Evidence, Family Law
J. Williamowski finds the trial court in Henry County was the proper venue for defendant's trial on a charge of engaging in a pattern of corrupt activity. Testimony from various witnesses, including confidential informants, established defendant was part of a gang and sold cocaine and other drugs at a street corner within the court's jurisdiction. Meanwhile, testimony from an informant who bought and then distributed drugs from the street corner established a criminal enterprise and was sufficient to convict defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Williamowski, Filed On: February 20, 2024, Case #: 2024-Ohio-627, Categories: Drug Offender, Evidence, Jurisdiction
J. McConnell finds the trial court improperly convicted a man for premeditated attempted murder, conspiracy to commit murder and shooting at an occupied vehicle stemming from a gang-related drive-by shooting. The man argues the court erred by allowing the lead investigator to give an improper opinion testimony, because he was not qualified to testify that the man fired a ghost gun, striking the decedent. The jury likely relied on this prejudicial evidentiary error. Reversed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: February 20, 2024, Case #: D080114, Categories: Murder, Sentencing, Conspiracy
Vice Chancellor Laster declines to dismiss shareholder claims challenging the conversion of a Delaware corporation into a Nevada corporation because the conversion constitutes a self-interested transaction by a controller that benefits fiduciaries while reducing stockholder litigation rights under Nevada law, and thus remains subject to the entire fairness standard.
Court: Delaware Chancery Court, Judge: Laster, Filed On: February 20, 2024, Case #: 2023-0449-JTL, Categories: Fiduciary Duty, Conversion
J. Chase finds that the trial court properly applied electric vehicle parking credits in evaluating a developer's concept plan because the total number of calculated spaces should not be rounded to the next whole parking spot when doing so would exceed the 10% credit maximum. Affirmed.
Court: New Jersey Appellate Division, Judge: Chase , Filed On: February 20, 2024, Case #: A-1102-22, Categories: Municipal Law, Property
J. Pechman grants the customers' unopposed renewed motion for preliminary approval of a $2.45 million settlement for their class action accusing the consumer debt collector of not taking adequate measures to protect the customers' sensitive data from a data breach. Class members may seek up to $1,500 for ordinary out-of-pocket expenses related to the data breach or up to $10,000 for extraordinary expenses.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 20, 2024, Case #: 2:22cv1558, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Settlements, Privacy, Class Action
J. Trauger denies the plaintiff nonprofit corporation's motion for a preliminary injunction and partially grants the fund defendants' dismissal motion in this lawsuit asserting claims under the federal Exchange Act, as well as the Tennessee Securities Act and the Tennessee Blue Sky Law. The complaint alleges that the defendants misrepresented that a certain fund was a success and that they failed to disclose that it "had been losing hundreds of thousands of dollars in 2021." However, the corporation fails to show irreparable harm, for purposes of the requested injunction, as it only entrusted money to the defendants. Accordingly, its alleged injury could be remedied "with economic damages at the conclusion of litigation."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: February 20, 2024, Case #: 3:23cv685, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Fiduciary Duty
[Consolidated.] J. Boggs finds that the appeals court improperly ruled that the community health department commissioner applied the correct standard of review in reviewing the hearing officer's decision overturning the grant of the hospital's application for a certificate of need to establish a new radiation therapy service. The commissioner overturned the hearing officer's decision and granted the certificate of need. The appeals court incorrectly determined the meaning of the statutory phrase "competent substantial evidence." The phrase refers to evidence that is relevant to support a finding of fact. The case is remanded and the appeals court should first determine whether the commissioner complied with the statutory standard of review. Vacated.
Court: Georgia Supreme Court, Judge: Boggs, Filed On: February 20, 2024, Case #: S23G0405, Categories: Civil Procedure, Health Care
J. Colvin finds that the trial court properly sentenced defendant to serve 15 years following his guilty plea to vehicular homicide, DUI and other offenses. The trial court did not commit any error in considering defendant's status as an undocumented immigrant during sentencing. The trial court did not violate the due process and equal protection clauses when it refused to probate any portion of defendant's sentence and applied a statute allowing trial courts to refuse to probate a sentence if a defendant would be subject to deportation while serving a probated sentence. Affirmed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: February 20, 2024, Case #: S23A1135, Categories: Sentencing, Dui, Vehicular Homicide
J. Pulliam dismisses most claims in a lawsuit brought by a citizen against San Antonio and several police officers after the citizen was shot multiple times with sponge rounds during George Floyd protests in 2020. While the citizen’s claims overall do not survive qualified immunity, and he has “abandoned” some of them by failing to brief them, he can bring excessive force claims against the officer who shot him twice. Video footage of the scene “does not unambiguously support” the officer’s explanation for why he fired a second time, and the San Antonio Complaint and
Administrative Review Board found the citizen’s allegations about the second shot are “justified.”
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: February 20, 2024, Case #: 5:21cv837, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
J. Olson finds the lower court improperly denied the Commonwealth of Pennsylvania’s (Commonwealth) petition for a writ of certiorari and affirmed a municipal court’s suppression order. A municipal court granted a driver’s motion to suppress the results of a breathalyzer test, as it determined the arresting officer did not have probable cause to arrest defendant for driving under the influence of alcohol. While the arresting officer found defendant’s behavior and crash site evidence sufficient to make an arrest, the first officer on the scene did not agree. On appeal, the Court of Common Pleas of Philadelphia County affirmed the municipal court’s findings and denied the Commonwealth’s petition for a writ of certiorari. The instant court finds that despite the responding officer's conflicting opinions, given the totality of the evidence presented at the scene, the arresting officer had probable cause to arrest. The matter is remanded for further consideration. Vacated.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: February 20, 2024, Case #: J-A28009-23, Categories: Evidence, Dui