119 results for 'filedAt:"2023-07-10"'.
J. Bivins recommends denying, in part, a company's motion to dismiss two individuals' civil rights claims related to company's vaccination requirement. They have sufficiently pleaded their claim for invasion of privacy.
Court: USDC Southern District of Alabama, Judge: Bivins, Filed On: July 10, 2023, Case #: 1:22cv328, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Privacy
J. Kendall grants the Chicago Art Institute’s motion for summary judgment on national discrimination claims brought by a former employee who is a Spanish national. The Spain-born employee helped manage the Institute’s financial capital projects, but her superiors criticized her for a lack of clarity in her communications and eventually fired her. She decried this as an example of discrimination for her status as a non-native English speaker, but the court finds she has offered insufficient evidence to support this claim.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: July 10, 2023, Case #: 1:19cv5105, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Hendrix denies, in part, a health center's motion for summary judgment on a doctor's sex discrimination action related to dismissal from a residency program after failing a required exam four times. There is a question of fact whether she suffered a hostile work environment based, in part, on another doctor's alleged comment that women should only be nurses, not doctors.
Court: USDC Northern District of Texas , Judge: Hendrix, Filed On: July 10, 2023, Case #: 5:21cv281, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
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J. Bratvold reverses the district court's denial of the Amish community members' request for a declaration that the county and environmental regulators may not enforce a requirement that they install septic tanks for gray water disposal. The government has not met its burden to demonstrate a compelling state interest in enforcing the requirement against the Amish, nor that it has no less restrictive means of fulfilling that state interest. Reversed.
Court: Minnesota Court Of Appeals, Judge: Bratvold, Filed On: July 10, 2023, Case #: A22-1534, Categories: Administrative Law, Civil Rights
J. Connolly affirms the district court's revocation of the defendant's probation and execution of his sentence for first-degree criminal sexual conduct. The state has met its burden of proving that defendant's repeated unsupervised contact with female minors despite a probation condition forbidding such contact, along with violations of conditions forbidding the use of sexually explicit material and requiring him to complete an outpatient sex offender program, warranted revocation of probation.
Court: Minnesota Court Of Appeals, Judge: Connolly, Filed On: July 10, 2023, Case #: A22-1715, Categories: Probation, Sex Offender
J. Stras finds a lower court properly sentenced a defendant to 63 months in prison for possession of a firearm as a felon. The defendant argued that his prior conviction for intentional bodily injury, which added 13 to 16 months to his prison stint, does not qualify as a prior crime. However, his previous offense involved "willful injury," which is a crime of violence. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: July 10, 2023, Case #: 22-1675, Categories: Firearms, Sentencing
J. Soto withdraws this court’s previous opinion issued on Jan. 23, 2023, and substitutes it for one finding a lower court erred in granting summary judgment in a mineral rights dispute concerning the wording of a decades-old deed. A careful reading of that deed shows it established “a mineral estate shorn of all attributes but for the right to receive a royalty interest if and when there was production on the land.” Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: July 10, 2023, Case #: 08-21-00217-CV, Categories: Energy, Real Estate, Contract
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment for the Department of Transportation in this suit brought by the air traffic controller trainee who failed his final assessment and was not retained. He made requests for academy operating procedures, emails, and copies of specific individuals’ application software profiles and Windows Explorer directories and folder structures under the Freedom of Information Act. The former trainee’s request is different from cited cases as it seeks information the DOT does not actively maintain. The FOIA does not impose such an obligation. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 10, 2023, Case #: 22-10848, Categories: Education, Transportation, Agency
[Consolidated.] J. Calabresi finds that the district court properly declined to dismiss appeals brought after three defendants pleaded guilty to conspiring to violate maritime drug laws by shipping cocaine from Guyana to the Netherlands in a "stateless" vessel. Defendants contend they had neither been in the U.S. nor upon the seized boat, instead organizing the shipment from a foreign country, but interim precedent has held that the interest in curtailing drug trafficking on the high seas justifies prosecuting those who help plan such schemes for conspiring with others aboard vessels subject to U.S. jurisdiction. Affirmed.
Court: 2nd Circuit, Judge: Calabresi, Filed On: July 10, 2023, Case #: 21-1083, Categories: Drug Offender, Jurisdiction, Due Process
J. Rothstein denies summary judgment to the aircraft manufacturer for the aircraft supply store's contract claim alleging that the manufacturer did not pay the store for the design and development of a custom sliding door for the manufacturer's Global 5000 and 6000 aircraft. Although the store's factual allegations are sometimes in conflict with the provided documentation, there are still issues of material fact in dispute as to whether the manufacturer owes cancellation costs for canceled purchase orders under the contract. Discovery with a more complete record may subject this claim to summary judgment.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: July 10, 2023, Case #: 2:22cv01238, NOS: Other Contract - Contract, Categories: Discovery, Contract
J. Niemeyer finds the lower court properly granted summary judgment to the shipping company. The employee alleged the shipping company's refusal to provide him with the accommodations he requested for his injured buttocks and hips, specifically being allowed to drive his route with a smaller truck that would have a softer suspension or that he be assigned to an inside job, violated his rights under the ADA. The shipping company instead accommodated the employee by allowing him to take an unpaid leave of absence until his hip and buttocks healed and he could return to work. He failed to demonstrate that he could perform the essential functions of his job with the accommodations requested and that the leave of absence provided was a non-reasonable accommodation. Affirmed.
Court: 4th Circuit, Judge: Niemeyer , Filed On: July 10, 2023, Case #: 21-1647, Categories: Ada / Rehabilitation Act, Employment
J. Clement finds the district court improperly granted the out-of-state student’s request for an injunction preventing the University of North Texas from charging out-of-state students more for tuition than in-state students and non-citizens who satisfy residency requirements. The relevant education code interpreted by the district court does not grant benefits to U.S. residents and non-citizens, but sets the tuition price for nonresident students, whether citizens or not. It does not determine whether illegal aliens are eligible for a cheaper price. The district court makes an erroneous reading of the code. Reversed and vacated.
Court: 5th Circuit, Judge: Clement, Filed On: July 10, 2023, Case #: 22-40225, Categories: Civil Rights, Education
[Consolidated.] J. Larsen finds the trial court properly denied defendant's motion to dismiss a charge of flying without authorization because the revocation of his pilot's license by the FAA was valid whether or not he surrendered the license prior to his arrest. Therefore, there was sufficient evidence to support the charge and the conviction. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: July 10, 2023, Case #: 22-3682, Categories: Evidence, Vehicle
J. Sargus denies, in part, the birth control manufacturers' motion to dismiss, ruling that although the Utah-based company did not manufacture the defective Filshie Clip that migrated inside the patient's body and caused her injuries, its continuing conduct and advertisements in the state of Ohio prolonged the patient's injuries and gives this court jurisdiction over the case. However, because there is no evidence the parent company had any business contacts in the state and is not merely an alter ego of the manufacturer, the claims against it must be dismissed for lack of jurisdiction.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: July 10, 2023, Case #: 2:22cv1951, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability, Jurisdiction
J. Gorton allows a manufacturer’s motion for summary judgment and denies a widow’s application for summary judgment in a case where the widow is suing the manufacturer for exposing her late husband to asbestos, resulting in his mesothelioma. While his former coworker confirmed that the decedent worked on ships where Buffalo pumps — a product known to have sometimes contained asbestos — were located, he cannot recall if the decedent worked on those pumps specifically.
Court: USDC Massachusetts, Judge: Gorton, Filed On: July 10, 2023, Case #: 1:19cv10282, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Product Liability, Wrongful Death, Asbestos
J. Gould agrees with a hearing judge’s findings that an attorney whose actions represented a conflict of interest in an estate battle should be indefinitely suspended. The attorney denies any conflict of interest or the fact that he represented either party. However, the attorney, who is not admitted to practice law in Maryland, represented an elderly widow at the same time the widow’s daughter-in-law, whom he also represented, was trying to appropriate the widow’s estate. Affirmed.
Court: Supreme Court of Maryland, Judge: Gould, Filed On: July 10, 2023, Case #: C-15-CV-21-000332, Categories: Sanctions, Attorney Discipline
J. Stewart denies the TDCJ inmate’s motion to proceed in forma pauperis in this appeal of the district court’s dismissal of his suit against University of Texas Medical Branch personnel alleging civil rights violations. The inmate asserts suspicions that his food had been tainted due to his being viewed as a “snitch,” but does not allege facts to support allegations. The district court’s dismissal for failure to state a claim constitutes a third dismissal of a series of suits making similar claims, dismissed variously for failure to state a claim, frivolous filing and nonpayment of fees. The district court did not abuse its discretion.
Court: 5th Circuit, Judge: Stewart, Filed On: July 10, 2023, Case #: 21-40856, Categories: Civil Rights, Health Care, Prisoners' Rights
J. Diaz finds that the lower court improperly interpreted the wills of a husband and wife in a survivorship dispute. The thrust of the dispute stems from the question of whether the two wills, which covered how much the son would inherit, conflicted with each other in their survivorship clauses. The documents can be read in such a way to avoid conflict if interpreted through a disclaimer provision, leaving no "irreconcilable ambiguity" between the wills. Reversed.
Court: Washington Court Of Appeals, Judge: Diaz, Filed On: July 10, 2023, Case #: 85041-5-I, Categories: Wills / Probate