194 results for 'filedAt:"2024-03-15"'.
J. Abele finds that although the trial court added a recklessness element to the jury instruction for defendant's driving with fictitious license plates charge, defendant was not prejudiced. It decreased the likelihood of a guilty verdict and did not affect the outcome of the trial. Meanwhile, defendant's erratic driving, admission to the arresting officer he had been "snorting a perc," and the officer's testimony about slurred speech and constricted pupils was sufficient to support his conviction for driving while impaired. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: March 15, 2024, Case #: 2024-Ohio-1036, Categories: Dui, Vehicle, Jury Instructions
J. Elgo finds the lower court properly granted the school's motion for summary judgment on the preschool teaching assistant's wrongful termination claim. Although it is illegal under Connecticut law to fire a qualified medical marijuana user for drug use, the assistant did not inform the school of her status until after she reported to work high and was drug tested. Meanwhile, the assistant's disability discrimination claim was also properly dismissed because she acknowledged during an investigative interview with the school that its reaction to her drug use had nothing to do with her epilepsy, while the school also took multiple steps to accommodate her when she initially disclosed her disability. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: March 15, 2024, Case #: AC46091, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Moll finds the lower court properly dismissed the inmate's third habeas petition because his previous habeas attorney's failure to file an ineffective assistance claim against his trial counsel was not, in itself, ineffective assistance of counsel. The inmate claimed his trial attorney's performance was deficient on account of her failure to request a self-defense jury instruction, but because the victim was shot in the back as he attempted to flee and the inmate had no evidence to corroborate his claim he saw the victim reach for a gun, there was no evidence to support a self-defense instruction. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: March 15, 2024, Case #: AC45982, Categories: Habeas, Ineffective Assistance, Self Defense
J. Bolden grants, in part, the employer's motion to dismiss, ruling the employee's termination alone is insufficient to establish either negligent or intentional infliction of emotional distress claims, especially considering the employer merely enforced its drug policy when it discovered the employee used prescription painkillers and marijuana to alleviate back pain.
Court: USDC Connecticut, Judge: Bolden, Filed On: March 15, 2024, Case #: 3:23cv1054, NOS: Employment - Civil Rights, Categories: Emotional Distress, Employment Discrimination
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J. Epley finds the lower court properly granted the school district's motion for summary judgment on race discrimination claims filed by a black employee. She failed to establish a prima facie case for discrimination, given that she was not replaced with an employee outside her protected class and the district had legitimate reasons not to renew her contract. Affirmed.
Court: Ohio Court Of Appeals, Judge: Epley, Filed On: March 15, 2024, Case #: 2024-Ohio-979, Categories: Education, Evidence, Employment Discrimination
J. Vatti denies, in part, the financial advisor's objections to the insurer's motion to compel, ruling he must provide requested documents about his clients. The information is not protected by any sort of privilege and is crucial to the insurer's investigation into his application for long-term disability benefits that stems from his alleged inability to manage client funds after a traumatic brain injury.
Court: USDC Connecticut, Judge: Vatti, Filed On: March 15, 2024, Case #: 3:21cv1277, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Evidence, Discovery
J. Marbley denies, in part, the farm owner's motion to dismiss certain affirmative defenses, ruling the insurer's contributory negligence defenses do not relate to fraud on the part of the owner and, therefore, do not require a heightened level or particularity at this stage of proceedings.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 15, 2024, Case #: 2:22cv4458, NOS: Insurance - Contract, Categories: Insurance, Contract
Per curiam, the Texas Supreme Court vacates the court of appeals' judgment in a governmental immunity case in which a contractor claimed that the city of Hutto failed to pay it after its work was complete. The court of appeals agreed with the city's assertion that the contractor's claims were barred by governmental immunity because the contract signed between the parties was not properly completed. However, due to the Texas legislature's recent passage of a bill requiring governmental entities to notify contractors of failures to properly complete the contract process before beginning work, the case must be remanded to the trial court for further consideration.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: March 15, 2024, Case #: 22-0973, Categories: Government, Immunity, Contract