141 results for 'filedAt:"2023-08-04"'.
J. Tigar grants the consumer's motion to voluntarily dismiss her putative class action against the restaurant chain alleging that it serves tuna products that are not actually made with tuna, or not 100% tuna, and denies the chain's motion for sanctions. While the consumer's counsel's failures to meet deadlines and serve expert disclosure and file supplemental materials and submission of an untimely and false declaration regarding a failure to comply with deadlines, among other conduct issues, were "blameworthy," they do not demonstrate recklessness or bad faith.
Court: USDC Northern District of California, Judge: Tigar, Filed On: August 4, 2023, Case #: 4:21cv498, NOS: Other Fraud - Torts - Personal Property, Categories: Sanctions, Consumer Law, Class Action
J. Donato grants judgment to the cell phone company and against the California Public Utilities Commission in an action brought by the phone company seeking a declaration that two Commission resolutions governing the calculation of surcharges on the phone company's revenues from intrastate service are preempted by federal law. The majority of the services that the resolutions would have imposed surcharges on are not surchargeable under the FCC's safe harbor provisions, and the Commission's enforcement of the resolutions would disproportionately impact the phone company in comparison to its competitors, thus conflicting with the FCC's competitive-neutrality requirement.
Court: USDC Northern District of California, Judge: Donato, Filed On: August 4, 2023, Case #: 3:17cv5959, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Communications, Preemption
J. Beeler largely grants the university's motion to dismiss claims brought by its former baseball players alleging that baseball coaches created a sexualized and abusive environment in their program which the university took no action to curb. Breach-of-contract claims brought by students who left the university before 2018 are time-barred, but their Title IX and state education code claims are not. Tort claims, however, are time-barred. Title IX retaliation claims survive, and contract claims by newer players are dismissed with leave to amend. Claims making allegations against the Archdiocese of San Francisco also survive, though it is "highly doubtful" that the allegations would be admissible at trial. Finally, a claim for injunctive relief is moot and so is dismissed.
Court: USDC Northern District of California, Judge: Beeler, Filed On: August 4, 2023, Case #: 3:22cv1559, NOS: Education - Civil Rights, Categories: Education, Class Action
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Kollar-Kotelly dismisses a former foreign service officer's pro se emotional distress claim and $3 million in lost salary demand in connection with the Agency for International Development's alleged failure to investigate a massage-related sexual assault that occurred overseas 10 years prior to when he reported the incident. The district court lacks jurisdiction over his claims under the Federal Tort Claims Act due to the exclusionary remedy provision in the Federal Employees' Compensation Act.
Court: USDC District of Columbia, Judge: Kollar-Kotelly, Filed On: August 4, 2023, Case #: 1:22cv1414, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Tort, Emotional Distress
J. Kobes finds a lower court properly denied a police officers motion for acquittal concerning his participation of the death of George Floyd. The police officer argued that his convictions for depravation of rights under the color of law resulting in bodily injury and death should be tossed out. However, the government presented sufficient evidence in court that he participated, along side three other police officers, in deliberate indifference when he failed to interfere with another officer who murdered Floyd by placing his full weight on his neck for eight minutes. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 4, 2023, Case #: 22-2701, Categories: Negligent Murder, Civil Rights
Per curiam. The Eighth Circuit finds a lower court properly sentenced a defendant to 300 months in prison after he was found guilty of possession of a firearm as a felon, possession of meth with intent to distribute, and possessing a firearm in furtherance of a drug trafficking crime. The defendant argued that the lower court erred in denying his motion to dismiss destruction of evidence claims. However, the government presented sufficient evidence in court that police officers stopped him in traffic after he drove left into the road, discovered an active warrant, and then attempted to flee after an officer located a firearm in his pocket. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: August 4, 2023, Case #: 22-2790, Categories: Drug Offender, Sentencing
J. Tunheim grants the healthcare employers' motion to dismiss the employees' suits against them alleging that their terminations for refusal to comply with Covid-19 vaccination policies were religiously discriminatory. Two employees' claims are time-barred and were not administratively exhausted. Another has failed to allege how weekly testing requirements conflicted with her religious beliefs, and two more have not adequately pleaded sincerely held religious, rather than medical, beliefs in opposition to the employer's policy. Failure to accommodate is not a cognizable claim under the Minnesota Human Rights Act, so those claims are also dismissed, and Americans with Disability Act claims are administratively exhausted or failed to allege a disability.
Court: USDC Minnesota, Judge: Tunheim, Filed On: August 4, 2023, Case #: 0:22cv1427, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Dennis finds that the Mississippi Secretary of State, in this class action brought by former inmates seeking to have their voting rights restored, improperly found that the claims are barred by state sovereign immunity, with all also found to fail on their merits. The national consensus over the last 50 years has been that permanent disenfranchisement serves no legitimate penological purpose, merely continuing punishment, and is thus cruel and unusual. Reversed, rendered and remanded.
Court: 5th Circuit, Judge: Dennis, Filed On: August 4, 2023, Case #: 19-60662, Categories: Civil Rights, Constitution
J. Quereshi grants a pair of former administrative assistants and a construction firm their joint motion for approval of a settlement in this Fair Labor Standards Act suit. The case originally also included claims of gender discrimination, hostile work environment and retaliation. The parties have settled on $115,000 split between the assistants to account for lost overtime wages, damages and attorney costs and fees.
Court: USDC Maryland, Judge: Quereshi, Filed On: August 4, 2023, Case #: 8:20cv1846, NOS: Fair Labor Standards Act - Labor, Categories: Attorney Fees, Employment Retaliation, Labor
J. Huffman finds that although defendant's attorney failed to timely file the motion of his intent to argue self-defense, defendant was not denied effective assistance of counsel because the trial court still allowed a full hearing on the matter and so he was not prejudiced by the filing error. Meanwhile, the trial court did not err when it accepted defendant's no contest pleas because it properly informed him of all the consequences of the pleas and defendant told the court he understood his decision, including the inability to appeal his self-defense argument. Affirmed.
Court: Ohio Court Of Appeals, Judge: Huffman, Filed On: August 4, 2023, Case #: 2023-Ohio-2701, Categories: Ineffective Assistance, Murder, Plea
J. Goldsmith rules in favor of the police officer, who allegedly falsely arrested the landlord during a dispute over an eviction. The landlord called 911 and told the operator the officer gave him wrong information about the eviction process and prohibited him from entering his own room, but since police were already there, that violated the city's ordinance against calling police "without good reason."
Court: USDC Eastern District of Michigan, Judge: Goldsmith, Filed On: August 4, 2023, Case #: 2:21cv10879, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Edwards dismisses the former wife's appeal in this case concerning the former husband's alimony obligation. The judgment she seeks to appeal is not final, as the lower court failed to adequately address the interest owed by the former husband based on "his failure to pay the November 2018 attorney-fee award." Accordingly, the court lacks jurisdiction.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: August 4, 2023, Case #: CL-2022-1242, Categories: Family Law, Jurisdiction
[Consolidated.] J. Childs denies and dismisses, in part, two utilities' petitions for review challenging the Federal Energy Regulatory Commission's approval of more than $18 million in upgrade charges. The commission's decision to rely on extrinsic evidence to determine the tariff at issue allows for a certain methodology was not arbitrary and capricious, and the utilities failed to exhaust their administrative remedies for their claim related to an alleged violation of the filed rate doctrine.
Court: DC Circuit, Judge: Childs, Filed On: August 4, 2023, Case #: 20-1429 , Categories: Administrative Law, Energy
J. Wu grants the settlement awarding the three children a total of $150,000 for their claim that the Los Angeles Metropolitan Detention Center's employees did not provide adequate medical care for their mother's severe left-sided chest pain or anxiety for two and a half weeks, leading to her suicide by hanging. The proposed settlement is fair and reasonable because it takes the mental pain and suffering the children endured following the suicide of their parent into account.
Court: USDC Central District of California, Judge: Wu, Filed On: August 4, 2023, Case #: 2:21cv8071, NOS: Other Civil Rights - Civil Rights, Categories: Settlements, Negligence, Wrongful Death
J. Humes finds that the trial court must revisit a resentencing request that was made by a previous district attorney and withdrawn by his replacement. Defendant is serving consecutive life sentences for attempted murder and other counts. A trial court has the discretion to end a resentencing proceeding where a district attorney provides a legitimate basis for withdrawal, but the trial court is not required to rule on the merits before allowing a request to be withdrawn. Vacated.
Court: California Courts Of Appeal, Judge: Humes, Filed On: August 4, 2023, Case #: A165925, Categories: Murder, Sentencing, Due Process
[Consolidated.] J. Rickman finds that the juvenile court improperly ordered the Department of Family and Children Services to pay rent to the child's foster mother as a sanction for failing to make reasonable efforts to effectuate the child's permanency plan. The juvenile court entered its order 15 days after the child turned 18 and therefore lacked jurisdiction over her dependency case. Vacated.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: August 4, 2023, Case #: A23A0968, Categories: Family Law, Jurisdiction, Juvenile Law