110 results for 'filedAt:"2023-06-12"'.
J. Conley finds for the laundry and linen company in a lawsuit from a Black employee claiming she was fired as retaliation for complaining about racial harassment she faced from a coworker. In part because her supervisor relocated her to a different department after she complained about the single race-based comment from the coworker in the record, the employee has not alleged harassment severe enough to support a hostile work environment claim, and her retaliation claim fails because the record does not show she was fired for her complaints instead of her low productivity numbers. Summary judgment is granted to the company and the case is closed.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: June 12, 2023, Case #: 3:22cv53, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Budd upholds defendant's voluntary manslaughter conviction for his fatal stabbing of the victim. Although the trial court failed to instruct the jury on how it could consider certain lyrics written by defendant, the error did not prejudice him, as the prosecution did not mention them in the opening and closing statements, and the commonwealth's case as strong. Affirmed.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: June 12, 2023, Case #: SJC-13223 , Categories: Evidence, Manslaughter, Jury Instructions
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J. Gaitas reverses the district court's finding that the state patrol is not entitled to dismissal of a dog-bite claim due to sovereign immunity. A Minnesota dog-bite statute's attribution of liability to the "owner" of the dog does not constitute a waiver by the legislature of sovereign immunity.
Court: Minnesota Court Of Appeals, Judge: Gaitas, Filed On: June 12, 2023, Case #: A22-1545, Categories: Tort, Immunity
J. Armstrong finds the lower court properly dismissed a petition for adoption. A woman adopted her grandson. The woman split with her live-in boyfriend, and a year-and-a-half later he filed to adopt the grandson. The boyfriend never had legal or physical custody of the child, and did not have the right to receive custody of the child. The instant court grants the woman’s motion to declare this appeal frivolous. Affirmed.
Court: Tennessee Court of Appeals, Judge: Armstrong, Filed On: June 12, 2023, Case #: W2021-00907-COA-R3-CV, Categories: Family Law
Per curiam, the Fifth Circuit finds the district court properly remanded this suit brought by the former employee alleging the employer breached its collective bargaining agreement back to state court. The removal statute prevents federal courts of appeal from reviewing “an order remanding a case to the state court from which it was removed.” The court’s order cannot be viewed as a discretionary remand as the agreement had expired, divesting the court of subject matter jurisdiction. The appeal is dismissed.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 12, 2023, Case #: 22-30377, Categories: Employment, Jurisdiction, Contract
J. Fasciale finds that the trial court properly upheld the ruling requiring the school board to notify a full-time preschool teacher that switching to a part-time position would not necessarily provide her the right to return to a full-time position. The teacher did not knowingly waive her tenured right to a full-time teaching position, and while the school did not have an explicit duty to provide notice, waiver of tenured rights must be "clear, knowing and unequivocal." Affirmed in part.
Court: New Jersey Supreme Court, Judge: Fasciale , Filed On: June 12, 2023, Case #: A-21-22, Categories: Employment
J. Coughenour finds in favor of the insurance company for the beneficiaries' claim that the company wrongfully denied their claim for the daughter's stay at a residential mental health treatment provider, as the insurance company claims that another residential treatment stay was not medically necessary under the parent's self-funded Employee Benefits Plan. The insurance company engaged in a meaningful dialogue with the parent when discussing the denial of benefits, and the daughter did not meet the plan's InterQual criteria because it requires that a provider perform weekly psychiatric evaluations, but the provider only performed one evaluation on the daughter during her year-long stay.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: June 12, 2023, Case #: 2:21cv1611, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Contract
J. Cabell grants an adult film producer's motion for leave to serve a third-party subpoena on the internet service provider for an individual who allegedly downloaded and distributed scenes from 29 of its copyrighted films. The internet service provider is the only entity that can provide the individual's name and address so the producer can effectuate service of process.
Court: USDC Massachusetts, Judge: Cabell, Filed On: June 12, 2023, Case #: 1:23cv11180, NOS: Copyrights - Property Rights, Categories: Civil Procedure, Copyright
J. Sargus grants, in part, the hernia mesh manufacturer's motion in limine, ruling evidence regarding other products made by the company will only be admitted if it is relative to the patients' injuries, not merely as an attempt to prove the manufacturer is a bad company. Additionally, testimony regarding the manufacturer's financial condition will be admitted only so far as it relates to the feasibility of alternative design studies that may have been conducted prior to the creation of the allegedly defective device.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: June 12, 2023, Case #: 2:18cv1022, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Evidence, Health Care, Product Liability
J. Whitehead denies Microsoft's motion for judgment on the pleadings regarding the computer consulting company's claim that Microsoft wrongfully uses the former's patented technology connected to “systems and techniques for archiving and restoring files" within its file hosting service "Microsoft OneDrive." The computer consulting company sufficiently argues that the asserted patents focus on allowing real-time data capture and versioning of prior files, which is patentable, because they act as a "specific improvement to backup technology that fixes problems in the prior art, including data loss between backups," not as a general idea.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: June 12, 2023, Case #: 2:22cv1545, NOS: Patent - Property Rights, Categories: Patent, Technology
J. Alvarez finds for a group of lenders on a homeowner's fraud, contract and related claims in a foreclosure case. Although the homeowner recites the elements of each claim, he fails to plead any facts to support the claims.
Court: USDC Southern District of Texas, Judge: Alvarez, Filed On: June 12, 2023, Case #: 7:22cv422, NOS: Foreclosure - Real Property, Categories: Fraud, Negligence, Contract
J. Eklund finds that while defendant claimed he deleted child pornography from his phone as soon as it was sent to him through several WhatsApp messages, the jury was free to discredit this testimony and convict him because his story was contradicted by the testimony of the cell phone store employee who noticed the images when he transferred data between several phones. Meanwhile, the trial court properly admitted a computer-generated data report from defendant's cell phone that was not authenticated in court by a state witness because the report was non-testimonial in nature. Affirmed.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: June 12, 2023, Case #: 2023-Ohio-1945, Categories: Evidence, Child Victims, Child Pornography
J. Boatright finds that the trial court properly admitted hearsay statements that a child made about alleged unlawful sexual behavior because the child was under 18 when she made them. Also, the appeals court correctly determined that for the crime of sexual assault on a child by a person in a position of trust, the child hearsay statute applies to any victim under the age of 18. Affirmed.
Court: Colorado Supreme Court, Judge: Boatright, Filed On: June 12, 2023, Case #: 21SC340, Categories: Confrontation, Sex Offender, Child Victims
J. Duhart finds the lower court properly granted permanent custody of the children to family services. The father not only failed to have contact with them for more than 90 days, but also failed to remedy any of the issues that led to their initial removal, including deplorable housing conditions and domestic violence issues. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: June 12, 2023, Case #: 2023-Ohio-1960, Categories: Evidence, Family Law
J. Berton partially grants a motion to compel discovery filed by a consumer who sued Lowe’s after he said a box fell on him while he was shopping, severely injuring him. While some of the consumer’s discovery requests are overly broad, Lowe’s must turn over some of the information he requests, including information about the incident as well as maintenance procedures in the area where the incident happened.
Court: USDC Western District of Texas , Judge: Berton, Filed On: June 12, 2023, Case #: 3:22cv296, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Damages, Discovery
J. Shepherd finds a lower court properly dismissed a beneficiary's contract claims against an insurance company. The beneficiary argued that the insurance company is obligated to pay death benefits. However, the insurance company presented sufficient evidence in court that the policy was cancelled for non- payment of premiums before her husband, now deceased, suffered a deadly heart attack. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: June 12, 2023, Case #: 22-1114, Categories: Insurance, Contract
J. Henderson finds a lower court ruled partially correctly in assessing and awarding damages and fees following a convoluted dispute between an insurance company and its former lawyer that made it to the New Mexico Supreme Court before being remanded again to lower court. While the lower court was right to determine that one party in this case, who “at times act[ed] pro se,” was entitled to attorney fees, it did not correctly follow the Supreme Court’s mandate on damages and “impermissibly awarded compound interest.” Reversed in part.
Court: New Mexico Court of Appeals, Judge: Henderson, Filed On: June 12, 2023, Case #: A-1-CA-38700, Categories: Damages, Attorney Fees
J. Sutton finds the lower court properly placed the burden of proof on defendant to prove his release would not create a substantial risk of harm to the public. The relevant statute and case law requires the presumption a defendant who pleaded guilty by reason of insanity is dangerous to society if they are not properly rehabilitated. Regardless, the trial court properly revoked defendant's probation because his behavior, including a failure to abide by his treatment regimen and threats of violence against family members, made him a threat to those around him and the public at large. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: June 12, 2023, Case #: 22-5002, Categories: Evidence, Probation, Threats
J. Morrison grants the radiologist's motion for judgment on the administrative record, ruling the insurer's termination of disability benefits was arbitrary and capricious because medical opinions from two doctors expressed serious doubts as to whether he could return to work and adequately perform his job. Although there was improvement in the radiologist's vision after several surgeries and he expressed he was satisfied with his vision, this opinion is not conclusive evidence his vision had improved to the point where he would be able to interpret medical images and accurately diagnose diseases for his patients; therefore, his total disability benefits will be reinstated.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: June 12, 2023, Case #: 2:22cv112, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Evidence, Insurance
J. McShane dismisses the business partner's unfair competition counterclaim that the boba tea shop owner breached his duty of loyalty when he opened another store about five miles away from the business partner's shop, thus harming the latter's business. The boba tea shop owner's son is the registered owner and has no duty of loyalty, and the business partner does not present facts supporting the argument that the boba tea shop owner acted as an agent of both businesses with conflicting interests.
Court: USDC Oregon, Judge: McShane, Filed On: June 12, 2023, Case #: 6:22cv1488, NOS: Trademark - Property Rights, Categories: Trademark, Unfair Competition, Business Practices