Court: USDC District of Columbia, Judge: Sullivan, Filed On: September 26, 2022, Case #: 1:21cv16, Categories: Public Record, Tax
J. Sullivan finds for the Internal Revenue Service on a company's request for documents and information related to multiple types of reporting agent authorization forms. The IRS correctly argues the requested information it has not released is exempt from disclosure, as the documents contain taxpayer identification information.
Court: USDC District of Columbia, Judge: Howell, Filed On: September 26, 2022, Case #: 1:20cv2074, Categories: Housing, Banking / Lending
J. Howell finds a group of housing-related nonprofits' motion for summary judgment on their claims related to the Consumer Financial Protection Bureau's modification to the Home Mortgage Disclosure Act in 2020 should be granted, in part. The nonprofits show the bureau's decision to raise the reporting threshold for closed-end mortgage loans, which would decrease the number of lenders required to report the loan data under the Act, was arbitrary and capricious, as the benefits were inflated and the cost-benefit analysis was inadequate.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: September 26, 2022, Case #: 1:21CV839, Categories: Product Liability, Warranty
J. Osteen finds a fire extinguisher manufacturer's motion to dismiss two individuals' class action claims in connection with faulty, recalled fire extinguishers must be denied, in part. Contrary to the manufacturer's argument, the California-based individual was not required to provide pre-suit notice of her Song-Beverly Act implied warranty claim, and the district court has jurisdiction to hear the individuals' Magnuson-Moss Warranty Act claim.
Court: DC Circuit, Judge: Ginsburg, Filed On: September 26, 2022, Case #: 21-1132, Categories: Securities
J. Ginsburg finds a financial advisor's petition for review of the Securities and Exchange Commission's order granting him and a co-worker $27 million to be equally divided between them must be dismissed and denied, in part. The challenge of the amount awarded must be dismissed for lack of jurisdiction, and the remainder of the petition pertaining to the division of the award denied, as the advisor fails to show the commission's decision was arbitrary or capricious.
Court: USDC District of Columbia, Judge: Friedrich, Filed On: September 26, 2022, Case #: 1:21cv2775, Categories: Civil Rights
J. Friedrich finds the Attorney General's motion to dismiss an action filed by a parents association and six individual parents seeking to enjoin him from enforcing an alleged policy that will prevent them from protesting school district policies must be granted. The policy is not regulatory and does not apply to the parents' protected conduct.
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Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: September 26, 2022, Case #: 1:21CV42, Categories: Labor, Class Action
J. Biggs finds an individual's motion for conditional certification concerning a proposed class of employees under the Fair Labor Standards Act should be granted, in part. The individual sufficiently describes the proposed class to determine the potential plaintiffs and shows they are similarly situated.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: September 26, 2022, Case #: 1:21cv5, Categories: Employment
J. Cogburn finds for Cleveland County on an individual's retaliation action, in which he alleges the county refused to hire him for a variety of positions due to a previous lawsuit he had filed and settled. The county had a legitimate, non-retaliatory reason for not hiring the individual - specifically, that he had lied on an application about his previous termination and, therefore, was ineligible for a job with the county - and the individual fails to show the reason was pretextual.
Court: USDC District of Columbia, Judge: Moss, Filed On: September 26, 2022, Case #: 1:15cv708, Categories: Employment
J. Moss finds for the Agency for International Development on an analyst's discrimination claim, in which she says the agency denied her reasonable accommodations for her disabilities. The analyst fails to show the agency had any position available to which she could have been reassigned.
Court: USDC Central District of California, Judge: Garnett, Filed On: September 26, 2022, Case #: 2:22cv4535, Categories: Disability Discrimination, Employment
J. Garnett grants an employee's motion for leave to file a first amended complaint. The employee alleges that she was sexually harassed and discriminated against based on her disability and seeks to join two individuals who allegedly bullied her, threatened to fire her if she could not perform her duties without accommodation and groped her. The employee did not unreasonably delay seeking amendment after learning the correct names of the individuals. However, "Diversity jurisdiction will be destroyed upon joinder of the proposed individual defendants, requiring remand to the Superior Court of California for the County of Los Angeles once Plaintiff files the amended complaint."
Court: USDC Western District of Virginia, Judge: Dillon, Filed On: September 26, 2022, Case #: 5:17cv97, Categories: Civil Rights
J. Dillion denies the detention centers motion to dismiss civil right claims brought on by the unattended minor illegal immigrants. Despite the minor's allegations being sparce, they are sufficient.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: September 26, 2022, Case #: 05-21-00660-CV, Categories: Evidence, Commitment
J. Smith finds that the lower court properly ordered an individual to be civilly committed based on a jury finding that he is a sexually violent predator. The lower court did not abuse its discretion by restarting his direct examination when the jurors were unable to hear his initial testimony on iPads. Additionally, any error was "harmless and did not result in an improper judgment." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: September 26, 2022, Case #: 2210350, Categories: Civil Procedure, Property
J. Fridy finds that the appeal from a default judgment must be dismissed in this forfeiture action. The appellant contends that the city lacked standing to bring the action, and the court agrees. Accordingly, the judgment is void and must be vacated.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: September 26, 2022, Case #: 2210428, Categories: Civil Procedure, Family Law
J. Edwards finds that the lower court improperly terminated the mother's parental rights to the child. The court concludes that the status quo was a "viable alternative to termination." Reversed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: September 26, 2022, Case #: 05-22-00579-CV, Categories: Civil Procedure, Attorneys' Fees
J. Pedersen finds that the relators' petition for a writ of mandamus must be conditionally granted. The attorneys seek an order compelling the lower court to rule on their motion to withdraw as counsel. The court concludes that their request "has been pending for an unreasonable amount of time."
Court: USDC Western District of Tennessee , Judge: Parker, Filed On: September 26, 2022, Case #: 2:20cv2943, Categories: Civil Procedure, Erisa
J. Parker adopts the recommendation of the magistrate judge and dismisses the employee's lawsuit for failure to prosecute. The dispute involves the employee's claim for short-term disability benefits. The pro se plaintiff failed to comply with the procedural rules, including a failure to properly amend his complaint.
Court: Alabama Court of Civil Appeals, Judge: Thompson, Filed On: September 26, 2022, Case #: 2210341, Categories: Civil Procedure, Workers' Compensation
J. Thompson finds that the lower court properly ruled in favor of the employer in this workers' compensation lawsuit. The individual plaintiff's action was barred by the statute of limitations, as the "latent-injury exception does not apply." Affirmed.
Court: USDC Eastern District of Tennessee , Judge: Varlan, Filed On: September 26, 2022, Case #: 1:21cv295, Categories: Tort, Jurisdiction
J. Varlan denies the defendant mattress company's dismissal motion in this premises liability action stemming from a customer's alleged fall inside the store. The mattress company argues that it would suffer "severe prejudice" due to the customer's purported forum shopping. However, the court concludes that the customer's decision to nonsuit the state court action and to refile in federal court is not a "blatant instance of forum shopping."
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: September 26, 2022, Case #: 05-21-00963-CV, Categories: Juvenile Law, Probation
J. Goldstein finds that the lower court properly placed the juvenile on probation in the custody of his mother. The court notes that the juvenile court has "broad discretion to determine the proper disposition of a child adjudicated as engaging in delinquent conduct." The record does not indicate that the juvenile court abused its discretion in the ruling. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: September 26, 2022, Case #: 07-20-00290-CV, Categories: Civil Procedure, Employment
J. Quinn finds that the lower court improperly dismissed this lawsuit alleging that a military reservist was wrongfully terminated "after his return from a military deployment." The action should be allowed to proceed against the state agency and two supervisors, who fall within the statutory definition of "employer." Reversed.
Court: 9th Circuit, Judge: Bybee, Filed On: September 26, 2022, Case #: 22-70098, Categories: Judiciary, Jurisdiction
J. Bybee held that specific deadlines in question are not jurisdictional in a matter in which a Jane Doe sought to vindicate her right under the Crime Victims' Rights Act (CVRA). Jane Doe, a crime victim, filed a petition for a writ of mandamus in the Ninth Circuit; she and the defendant in the underlying criminal action also filed a joint stipulation requesting that the court "resolve the case on a schedule that parallels a normal appellate process." The Ninth Circuit granted the motion and issued an order setting a briefing schedule. The panel wrote that "in no event shall proceedings be stayed or subject to a continuance of more than five days for purposes of enforcing rights under the Act."
Court: 9th Circuit, Judge: Bybee, Filed On: September 26, 2022, Case #: 21-55900, Categories: Bankruptcy, Attorneys' Fees
J. Bybee denies an individual's petition for panel rehearing and grants a panel rehearing request from the State Bar of California. The panel also amends an opinion affirming in part and reversing in part a bankruptcy court's judgment in an adversary proceeding. The bankruptcy court found "nondischargeable indebtedness" from a disbarred attorney's obligation to reimburse the State Bar for payments made by the Bar's Client Security Fund to victims of the attorney's misconduct while practicing law. Reversing in part, the panel held that the indebtedness arising from the attorney's obligation to reimburse the State Bar for the payments made to victims of his misconduct was not excepted from discharge under United States Code. Reversed in part.
Court: 9th Circuit, Judge: Nguyen , Filed On: September 26, 2022, Case #: 20-56172, Categories: Civil Rights, Immigration
J. Nguyen vacates a district court denial of the United States' and The Geo Group, Inc.'s motion for preliminary injunctive relief, and held that California enacted Assembly Bill 32 (AB 32) would give California a virtual power of review over Immigration and Customs Enforcement (ICE)'s detention decisions, in violation of the Supremacy Clause. AB 32 states that a "person shall not operate a private detention facility within the state." ICE has decided to rely almost exclusively on privately owned and operated facilities in California.
Court: 9th Circuit, Judge: Graber, Filed On: September 26, 2022, Case #: 20-71703, Categories: Drug Offender, Immigration
J. Graber denies in part and grants in part an immigrant's petition for review of a decision of the Board of Immigration Appeals. The immigrant was removed to Mexico in 2008, partly because of a California conviction for drug possession. In 2018, a California court expunged that conviction under California's rehabilitative statute, and the immigrant sought to reopen his immigration proceedings. An immigration judge and the BIA denied the motion to reopen. The panel concluded the BIA correctly held that the immigrant did not act with the required diligence, explaining that he did not seek expungement until nearly a decade after he was convicted. However, the panel found that the BIA was in error by denying sua sponte reopening.
Court: New Mexico Supreme Court, Judge: Thomson, Filed On: September 26, 2022, Case #: S-1-SC-37903, Categories: Civil Procedure, Property, Water
J. Thomson finds a lower court ruled correctly in allowing for partial forfeiture of a water right. A special master in the case had reached a finding of "nonuse" regarding a New Mexico resident who asserted a water right on a well, and nonuse is a reasonable justification for forfeiture. Affirmed.
Court: USDC New Mexico, Judge: Brack, Filed On: September 26, 2022, Case #: 1:22cv88, Categories: Healthcare, Labor
J. Brack dismisses most claims brought by a former employee of the NMHSD against the department after she alleged the department had retaliated against her for legitimate complaints and grievances, including alleged violations of the FMLA. Her FMLA claims are not viable because she cannot identify monetary losses, but she may amend or retry her claims in state court.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: September 26, 2022, Case #: 5:18cv404, Categories: Civil Rights, Employment
J. Rodriguez finds that most of a doctor's claims, including for disparate treatment and retaliation, should proceed to trial after he sued his former employer, a hospital, for alleged race discrimination and other claims. While the doctor does not provide adequate claims for hostile work environment, elements of that claim provide "relevant, admissible evidence" of staff members' alleged "state of mind when they threatened to quit unless [the doctor] was terminated," including the fact they allegedly referred to him as "homey" and described police shootings of Black people as justified.
Court: New Mexico Supreme Court, Judge: Bacon, Filed On: September 26, 2022, Case #: S-1-SC-38367, Categories: Civil Procedure, Government
J. Bacon finds a lower court ruled incorrectly in determining that the New Mexico legislature intended certain violations of the Governmental Conduct Act to be punishable as crimes in a case concerning a county treasurer who allegedly used his position to allegedly pressure people into sexual relationships. A careful reading of the language in the GCA finds that lawmakers intended the relevant sections to be "ethical principles" and "aspirational expressions" rather than criminal statutes. Reversed.
Court: USDC Delaware, Judge: Burke, Filed On: September 26, 2022, Case #: 1:20cv1206, Categories: Erisa
J. Burke grants a motion for summary judgment to a union that denied pension payments to a retiree who continued to work in the plumbing industry. Although the letter of denial was insufficient, it was clear in demonstrating the plan administrator's position, such that a remand would be a useless formality.
Court: USDC Northern District of California, Judge: Ryu, Filed On: September 26, 2022, Case #: 4:18cv6313, Categories: Employment, Labor, Attorneys' Fees
J. Ryu grants and denies a motion to alter a judgment and for attorney's fees in a labor lawsuit against Junk King for failing to pay employees overtime wages or provide meal and rest breaks. Carter cannot recover Private Attorneys General Act penalties for Labor Code section 203 waiting time violations after he was terminated. But he is entitled to attorney's fees of roughly $173,000.
Court: USDC Northern District of California, Judge: Seeborg, Filed On: September 26, 2022, Case #: 3:22cv2366, Categories: Contracts
J. Seeborg dismisses some claims without leave to amend in a lawsuit claiming Facebook suddenly terminated Shared.com's ability to use a series of monetization ad features on their site without a proper explanation. Some claims are barred by Section 230 of the Communications Decency Act, which immunizes third party platforms for third-party content. But Shared.com has adequately pleaded claims involving Facebook's obligation to pay its ad partners, and has shown it "wasted money on ads it would otherwise not have purchased."