207 results for 'filedAt:"2023-06-07"'.
J. Wright denies in part a management company's motion for judgment as a matter of law in a disability discrimination suit in which a jury found in favor of a tenant after the management company refused to assign the tenant a handicap accessible space in front of the apartment. The management company challenges the ruling, claiming that it provided a reasonable alternative accommodation. Evidence does not support the jury's verdict that the management company caused the individual harm, or the $250,000 award in emotional distress damages. However, the jury did not err in finding that the management company's offer to move the individual to another apartment was not a reasonable alternative accommodation. The management company's motion for a new trial is granted.
Court: USDC Central District of California, Judge: Wright, Filed On: June 7, 2023, Case #: 2:21cv3275, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, Housing
J. Frimpong grants in part an apparel company's motion to dismiss a lace designer's copyright infringement claims. The lace designer has not shown that the apparel company had access to its lace design or that the subject design and the infringing product are strikingly similar. The designer is granted leave to amend as it may be able to plead additional facts to address deficiencies.
Court: USDC Central District of California, Judge: Frimpong, Filed On: June 7, 2023, Case #: 2:22cv4425, NOS: Copyrights - Property Rights, Categories: Copyright
J. DuBose grants, in part, a group of employees' motion to amend their complaint to add additional claims to their discrimination case arising from their employer's Covid-19 vaccination policy. They have plausibly alleged their invasion of privacy claim to support inclusion in their action.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: June 7, 2023, Case #: 1:22cv267, NOS: Employment - Civil Rights, Categories: Privacy, Covid-19, Employment Discrimination
J. Jenkins grants a marketing services company’s motion for partial summary judgement on cross-claims it brought against a call center in an underlying Telephone Consumer Protection Act class action suit. The court finds the call center breached its contract with the marketing services company in a number of ways: by failing to obtain liability insurance, failing to ensure vendor compliance, etc.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: June 7, 2023, Case #: 1:21cv2403, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Consumer Law, Class Action, Contract
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J. Osterhaus finds that the trial court properly convicted defendant of both grand theft of an automobile and petit theft of tools that had been in the automobile. Double jeopardy had not been violated since the events concerned different circumstances, and the items had been owned by separate victims. Affirmed.
Court: Florida Courts Of Appeal, Judge: Osterhaus, Filed On: June 7, 2023, Case #: 1D22-513, Categories: Theft, Double Jeopardy
J. Flood finds that the trial court properly ruled in claims contending a consent order had been breached concerning a disputed lease agreement that contained a purchase option. The consent order constituted a court approved contract, and the court properly granted the sellers specific performance. Affirmed.
Court: North Carolina Court of Appeals, Judge: Flood, Filed On: June 7, 2023, Case #: COA22-825, Categories: Contract
J. Briggs finds a lower court properly ruled in favor of a charity on a local borough's claims that it violated the Local Government Finance Act. The local borough argued that the charity is not entitled to an 80 percent relief rate, arguing that it operates a gym and collects membership fees. However, the charity presented sufficient evidence in court that the gym is used for charitable purposes and therefore entitled to a lower tax rate. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Briggs, Filed On: June 7, 2023, Case #: 23UKSC18, Categories: Government, Tax
J. Delaney recommends granting, in part, an individual’s motion to add claims to his pro se excessive force case. Granting leave to add certain claims will not cause a substantial delay, the parties have been on notice of the claims and do not show they will suffer prejudice from the amendment.
Court: USDC Eastern District of California, Judge: Delaney, Filed On: June 7, 2023, Case #: 2:18cv2420, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Procedure, Civil Rights
J. VanDyke denies a petition for review of the Board of Immigration Appeals’ dismissal of their appeal of an immigration judge’s denial of asylum and related relief. The immigrant claimed that she was afraid to return to Guatemala because a woman had attempted to rob her after she withdrew money from a bank. The immigrant did not show how the agency made an error in concluding that her proposed social group comprised of “Guatemalan families that lack an immediate family male protector” was not cognizable.
Court: 9th Circuit, Judge: VanDyke, Filed On: June 7, 2023, Case #: 19-72024, Categories: Immigration
J. Dillard finds that the trial court properly denied the debtor's motion for class certification on his class action counterclaim to the debt collector's action seeking payment for an allegedly delinquent credit card debt. The debtor failed to satisfy the numerosity requirement for class certification. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: June 7, 2023, Case #: A23A0403, Categories: Debt Collection, Class Action
J. Blane finds that a husband was properly denied modification of spousal support following dissolution of marriage because he failed to point to changed circumstances warranting such. Affirmed.
Court: Iowa Court Of Appeals, Judge: Blane, Filed On: June 7, 2023, Case #: 22-1326, Categories: Family Law
J. Richman finds the trial court improperly convicted defendants for possession with intent to distribute of 100 kilograms or more of marijuana. Defendants, as passengers in a vehicle stopped for an unspecified offense, were questioned by DEA when the drugs were found in the car. They gave the same basic story that they were strangers but crossed the border together and flagged down a random car for a ride. They said there were no drugs in the car at first, but that the driver dropped them off at a certain point, saying he would come back. The car was loaded with drugs when he returned. The jury could not reasonably conclude based on this that either passenger was in possession with intent to distribute. Reversed and vacated.
Court: 5th Circuit, Judge: Richman, Filed On: June 7, 2023, Case #: 21-50642, Categories: Drug Offender, Evidence, Immigration
[Consolidated.] J. Doss finds that the lower court properly terminated the parental rights of the mother and the father to two children. The mother's appointed counsel has indicated that her appeal is without merit. The father challenges the evidence on appeal, but the evidence sufficiently supports the lower court's findings. Specifically, there was evidence of domestic violence and illegal drug use. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: June 7, 2023, Case #: 07-22-00376-CV, Categories: Evidence, Family Law
J. Koh finds that the district court improperly granted a U.S. Government motion to dismiss in a case in which an individual sought a declaration that his mother’s status as a non-citizen national, which she attained after the individual's birth, qualified him to be a non-citizen national of the United States. The individual's mother’s non-citizen national status extends back to her birth and, as a result, also qualifies the individual for non-citizen national status. Reversed.
Court: 9th Circuit, Judge: Koh, Filed On: June 7, 2023, Case #: 22-35233, Categories: Immigration
J. Buller finds that the probate court properly enforced a will as written even though the decedent intended to split her estate equally among her children because the court is forbidden from rewriting the will to further that intent. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: June 7, 2023, Case #: 22-1211, Categories: Wills / Probate