172 results for 'filedAt:"2023-05-19"'.
J. Stearns refuses to dismiss a city's contract action against a school services company for its alleged failure to adequately staff buses for two school years. The city sufficiently pleads its claims for breach of contract, breach of the covenant of good faith and fair dealing, negligent
misrepresentation and violations of the Massachusetts Fair Business Practices Act.
Court: USDC Massachusetts, Judge: Stearns, Filed On: May 19, 2023, Case #: 1:23cv10460, NOS: Other Contract - Contract, Categories: Education, Transportation, Contract
J. Pregerson denies in part Southwest Airlines' motion for summary judgment regarding a Black passenger's claim of racial discrimination. The passenger alleges that two employees pointed at her and laughed at her, that a flight attendant smelled the beverage she brought on board the plane but did not smell the beverages that non-Black passengers brought on board, and that she was told to cover up her outfit, which a flight attendant found to be revealing, and which she did cover with a borrowed t-shirt before being removed from the plane. Video evidence "does not unequivocally support Southwest’s entire characterization of the events at issue." Whether the passenger's "interactions with Southwest employees might reflect harassment or otherwise wrongful conduct are also questions for a jury to decide." The passenger's intentional infliction of emotional distress claim continues.
Court: USDC Central District of California, Judge: Pregerson, Filed On: May 19, 2023, Case #: 2:21cv451, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Nye grants motion to dismiss an individual's notice of removal in a dispute with a hospital. The hospital brought defamation claims against the individual, who launched a "smear campaign" claiming that the hospital was participating in a “widespread conspiracy to kidnap Christian children and traffic those children to homosexual couples who would then sexually abuse and kill the children.” The individual never appeared in court proceedings and was sanctioned multiple times. The individual filed a notice of removal. The court lacks subject matter jurisdiction and the case is remanded back to state court.
Court: USDC Idaho, Judge: Nye, Filed On: May 19, 2023, Case #: 1:23cv212, NOS: Constitutionality of State Statutes - Other Suits, Categories: Jurisdiction
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J. Brian finds that the lower court improperly ruled, finding there is not enough evidence showing a homeowner is negligent in regards to his front porch steps that a postal man claims were a dangerous hazard when he delivered mail and broke his hip. Reversed.
Court: Alabama Supreme Court, Judge: Brian, Filed On: May 19, 2023, Case #: SC-2022-0560, Categories: Property, Tort, Negligence
J. Mendheim finds that the lower court improperly ruled in granting state immunity to a Jacksonville State University trustee and chancellor against claims of breach of contract and attempts to recover resignation fees as claimed by an athletic conference organization filing these charges when the university left the organization. Reversed in part.
Court: Alabama Supreme Court, Judge: Mendheim, Filed On: May 19, 2023, Case #: SC-2022-0930, Categories: Immunity, Damages, Contract
J. Wilson finds the lower court properly convicted defendant of two counts of the sale of .5 grams or more of methamphetamine within 1,000 feet of a school zone and one count of the sale of .5 grams or more of methamphetamine. Though defendant argues he should have been sentenced under an amended 2020 sentencing guideline, he committed the crimes in 2018 and the proper sentencing guidelines were applied. Evidence is sufficient to support defendant’s convictions and sentence to three 12-year terms to be served concurrently. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wilson, Filed On: May 19, 2023, Case #: M2021-01342-CCA-R3-CD, Categories: Drug Offender, Evidence, Sentencing
J. Frank partially grants the employer’s motion to dismiss the employee’s claims against it, dismissing the employee’s declaratory judgment, Fair Labor Standards Act and Minnesota Payment of Wages Act claims but not her Minnesota Whistleblower Act, breach of contract and of covenant of good faith and fair dealing and unjust enrichment claims. The employee did not make a demand for unpaid wages prior to litigation as required under the Payment of Wages Act and has voluntarily dismissed the Fair Labor Standards Act claim, and her declaratory judgment claim is duplicative of her breach of contract claim. Her other claims are adequately pled for this stage of litigation.
Court: USDC Minnesota, Judge: Frank, Filed On: May 19, 2023, Case #: 0:22cv2971, NOS: Employment - Civil Rights, Categories: Employment, Whistleblowers, Employment Retaliation
J. Tostrud grants the employer’s motion for summary judgment in its employee’s suit alleging that the employer’s refusal to reinstate him to his position as a heavy-equipment field mechanic after he recovered from a work-related industry violated the Americans with Disabilities Act. Affidavits the employee filed in opposition to the employer’s summary judgment may not be considered, since the witnesses who made them were available during the discovery period and reopening discovery would unduly delay resolution. In light of this, the employee’s arguments that two requirements on the position’s description are not actually required to perform the work fail, and he has thus not adequately shown that he is qualified to perform the job’s essential functions.
Court: USDC Minnesota, Judge: Tostrud, Filed On: May 19, 2023, Case #: 0:21cv2575, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment
J. Heavican finds the court of appeals properly affirmed defendant’s conviction for possession of a firearm by a prohibited person, refuting his claims of ineffective assistance. After defendant was arrested pursuant to a drug deal-involved shooting, a witness testified that defendant “carries a Glock 9 with an extended clip everywhere he goes.” Though counsel failed to object to this propensity evidence, it is cumulative of other testimony to which defendant does not assign error and is therefore harmless. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican, Filed On: May 19, 2023, Case #: S-21-1036, Categories: Drug Offender, Evidence, Firearms
J. Mikva finds that the Board improperly fired a courtroom deputy for his conduct during an incident where a female detainee was sexually assaulted in the courthouse bathroom by two male detainees. The sheriff never presented evidence that the sexual assault actually occurred, only that the detainees were in the restroom cell together. Further, there is no basis for finding that the deputy placed the male detainees in the bathroom, as the only testimony describes the deputy who did so as a white man, but the deputy is Black. Reversed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: May 19, 2023, Case #: 220320, Categories: Employment
J. Caldwell finds that a stepfather was improperly permitted to adopt his stepson because the lower court did not utilize the constitutionally mandated clear and convincing evidence standard in terminating the biological father's parental rights.
Court: Kentucky Court Of Appeals, Judge: Caldwell, Filed On: May 19, 2023, Case #: 2022-CA-1055-ME, Categories: Family Law
Per curiam, the Fifth Circuit finds the lower court properly adhered to the prior Fifth Circuit panel’s mandate affirming in part the district court’s judgment in favor of the excavating company on its breach of contract claim regarding dirt removal from a construction worksite. Though the construction company says that it was not required to pay $81,000 in materials and labor because the excavating company stopped performing before the work was completed, its prior breach and delay-causing failure to manage the site excused the failure to perform. Any changes in the damages sought do not prevent the excavating company from obtaining proper fees. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 19, 2023, Case #: 21-40629, Categories: Construction, Attorney Fees, Contract
[Consolidated.] J. Fridy grants these petitions for writs of mandamus, in which the relators challenge the transfer of their respective cases to juvenile court. The circuit court had jurisdiction over the two actions, which both involve the adjudication of paternity. Accordingly, they are entitled to mandamus relief.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: May 19, 2023, Case #: CL-2023-0225, Categories: Civil Procedure, Family Law
J. Lambert finds the trial court improperly denied the county's motion to dismiss a lawsuit involving a contract dispute with a construction company over the building of a fire station. The trial court's order was "a departure from the essential requirements of the law" because the terms of the parties' contract holds that administrative dispute resolution procedures must be exhausted before any lawsuits can be filed. Because those procedures have not been exhausted, the county's petition for writ of certiorari is granted and the order denying its motion to dismiss is quashed.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: May 19, 2023, Case #: 22-2883, Categories: Tort, Contract
J. Waples finds that the lower court properly extended and modified stalking orders against an individual relating to his harassing activities on a vacant lot that he directed towards his neighbors. The evidence supports the finding that an extension of the order was necessary and that the individual should be prohibited from discharging a firearm on the lot. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: May 19, 2023, Case #: 22-AP-143, Categories: Civil Procedure, Emotional Distress, Restraining Order
J. Alston grants the technology company's motion for an injunction to bar the Navy from accessing, disclosing, or otherwise using the database schema for any purpose other than the normal use of the technology company's software. Naval employees uploaded the private software used to run diagnostics on aircraft carriers onto public websites in violation of the company's copyright rights.
Court: USDC Eastern District of Virginia, Judge: Alston , Filed On: May 19, 2023, Case #: 1:23cv478, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Military, Injunction
J. Cradle finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus. His ineffective assistance of counsel claims related to DNA evidence obtained from tissues did not prove any prejudicial error, given the tissues were unconnected to the assault for which he was convicted and did not bolster his theory of mistaken identity. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: May 19, 2023, Case #: AC44979, Categories: Dna, Habeas, Ineffective Assistance