187 results for 'filedAt:"2023-05-24"'.
J. Fenn finds that the lower court properly issued a custody order for a child to spend the school year with her father and the summer with her mother. Given the geographic distance between the two parents, the record shows this arrangement was in the best interest of the child. Affirmed.
Court: Wyoming Supreme Court, Judge: Fenn, Filed On: May 24, 2023, Case #: S-22-0262, Categories: Family Law
J. Gonzalez dismisses claims for disability discrimination under the American Disability Act and Rehabilitation Act asserted by a self-represented litigant alleging she was fired by her former employer, an unspecified service company located in JFK Airport, because she suffers from a learning disability, depressive disorder, ADHD and several physical injuries. However, she asserts her claims only against a former coworker and an attorney hired to defend her former employer in connection with her EEOC charge, and as such claims under the ADA and Rehabilitation Act do not provide for individual liability.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: May 24, 2023, Case #: 1:22cv7858, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Mooney finds, on remand from the Supreme Court, that the trial court properly convicted defendant of criminal negligence. “The evidence was legally sufficient to support a finding that defendant acted with criminal negligence with respect to the amount-of-damage element of first-degree criminal mischief.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: May 24, 2023, Case #: A171443, Categories: Evidence, Criminal Negligence
J. McDonough partially grants the defendant insurance company's motion to dismiss the amended complaint in this lawsuit involving an allegedly stolen truck, which was damaged when it was eventually recovered. All of the truck owner's claims should be dismissed, except for her breach of contract claim. Additionally, her contract claim is not barred by the contractual limitations period, as the insurance company argues.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: May 24, 2023, Case #: 3:22cv443, NOS: Insurance - Contract, Categories: Insurance, Vehicle
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J. Carnes finds that the district court improperly found in favor of the employer in an action brought by the deaf employee alleging that the employer violated the ADA by failing to provide him with a sign language interpreter on several occasions and by failing to give him text message summaries of nightly pre-shift safety meetings. A factfinder could reasonably find that the employee's inability to understand or participate in the meetings adversely affected the terms of his employment. There is also evidence that the employee's ability to participate in disciplinary proceedings involving attendance issues was also an essential part of the job which affected his pay raise. Reversed.
Court: 11th Circuit, Judge: Carnes, Filed On: May 24, 2023, Case #: 21-13083, Categories: Ada / Rehabilitation Act, Employment Discrimination