136 results for 'filedAt:"2023-08-14"'.
J. Contreras denies, in part, an employer's motion to dismiss a worker's employment discrimination claims. The employee has sufficiently alleged his claims for disability discrimination, reasonable accommodation and retaliation.
Court: USDC District of Columbia, Judge: Contreras, Filed On: August 14, 2023, Case #: 1:22cv2262, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. van Cleef finds that the trial court properly terminated the mother's parental rights to her child based on sufficient evidence to support the statutory ground for endangering conduct and the best interest finding. The mother had previously lost her parental rights to some of her other children, and she has a history of substance abuse and criminal activity. Affirmed.
Court: Texas Courts of Appeals, Judge: van Cleef, Filed On: August 14, 2023, Case #: 06-23-00010-CV, Categories: Evidence, Family Law
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J. Dale denies a company's counter-claim for summary judgment in a dispute with a buyer that purchased its assets. The buyer seeks indemnity for the company's alleged misrepresentations and breach of warranties regarding its assets, accounts receivables and liabilities under the Asset Purchase Agreement. Delaware law and the Asset Purchase Agreement allow the buyer to seek indemnification for any damages caused by the breach of the Asset Purchase Agreement provisions.
Court: USDC Idaho, Judge: Dale, Filed On: August 14, 2023, Case #: 1:18cv35, NOS: Other Contract - Contract, Categories: Contract
J. Paez finds that the district court properly determined that the individual's suit for injunctive relief against Columbia Basin College officials can proceed. Columbia Basin College officials terminated the individual from the nursing program after learning that he had sought medical treatment for homicidal thoughts about three instructors. Affirmed.
Court: 9th Circuit, Judge: Paez, Filed On: August 14, 2023, Case #: 21-35995, Categories: Constitution, Education
J. Moeller upholds the trial court's dismissal of an inverse condemnation and breach of contract action against the state transportation department. Property owners failed to show that the statute of limitations was tolled between 2000, when they last challenged the department's 1997 taking, and 2016 when they sued. The department is not entitled to attorney fees because the gravaman of the owners' inverse condemnation claim was constitutional and was not based on the original contract the parties entered over the owners' access to their property. Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: August 14, 2023, Case #: 48898, Categories: Property, Attorney Fees, Contract
J. Halpern denies Gap's motion to dismiss an employment discrimination and retaliation suit filed by Black female managers who claim there was an unofficial policy allowing managers to modify employee's time entries up to three minutes if an employee was early or late. The employees were fired for modifying employees' timecards, but claim other non-Black managers made similar adjustments and were not fired. A jury may find that the fired managers engaged in comparable conduct with managers of a different race.
Court: USDC Southern District of New York, Judge: Halpern, Filed On: August 14, 2023, Case #: 7:19cv3617, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Friot denies the defendant police officer's summary judgment motion in this excessive force lawsuit arising from a "non-fatal shooting." The officer asserts the defense of qualified immunity, but there is a fact issue as to whether the individual plaintiff was armed with a gun at the time of the shooting. The city is entitled to summary judgment, however, as to the individual's Section 1983 municipal liability claim.
Court: USDC Western District of Oklahoma , Judge: Friot, Filed On: August 14, 2023, Case #: 5:20cv465, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence
J. Powell finds the trial court properly instructed the jury on defendant's flight from the scene of the crime during his assault of a peace officer and tampering case. Although he claimed his decision to run after shooting the police officer had to do with his weapons disability - not the crimes with which he was charged - it was up to the jury to determine whether his flight was evidence of his consciousness of guilt. Meanwhile, the trial court properly denied defendant's motion for a new trial based on comments made by the prosecution during closing arguments because the attorney's recitation of the standard for recklessness was correct and did not mislead the jury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: August 14, 2023, Case #: 2023-Ohio-2817, Categories: Firearms, Assault, Jury Instructions
J. Solomon finds that the appellate division improperly ruled against a Catholic school accused of firing an art teacher and toddler room caregiver for getting pregnant while unmarried because the school was following church prohibitions on premarital sex, which is protected under an exception in state employment law, even if other employees had not been surveyed for transgressions against the faith.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: August 14, 2023, Case #: A-63-20, Categories: Constitution, Employment
J. Biran answers questions of law from the lower court concerning a data analyst’s suit against a Catholic charitable organization after it offered, then retracted, the analyst’s husband benefits because the couple is gay. State law distinguishes between the protected classes of “sex” and “sexual orientation;” they are not synonymous. Therefore, the analyst would have to sue the organization specifically in terms of his sexual orientation.
Court: Supreme Court of Maryland, Judge: Biran, Filed On: August 14, 2023, Case #: CCB-20-1815, Categories: Employment, Choice Of Law, Employment Discrimination
J. Manglona grants summary judgment and reconsideration to two police officers accused of violating the Fourth Amendment by allegedly blocking a man from leaving the premises using their cars and wrongfully arresting him. He did not show that the cars effectively prevented him from leaving; rather, he had walked off his property during a confrontation with the officers when they arrested him. The officers are also entitled to qualified immunity as the man did not show that they acted unconstitutionally or in a way beyond the scope of their positions as police officers.
Court: USDC Northern Mariana Islands, Judge: Manglona, Filed On: August 14, 2023, Case #: 1:22cv1, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Rossman denies a petition from environmentalists seeking to challenge a final rule issued by the EPA that endorsed Utah's move to adopt alternative measures to control visibility-impairing emissions at a series of power plants. The groups allege the alternative means do not meet national air quality visibility goals and that the EPA did not consider certain comments during the rulemaking process. The record shows the EPA considered all relevant factors to ensure compliance with federal regulations and properly responded to concerns raised during the rulemaking process.
Court: 10th Circuit, Judge: Rossman, Filed On: August 14, 2023, Case #: 21-9509, Categories: Environment, Agency
J. Sannes preserves a wrongful death suit, along with additional cross-claims, that seek to hold a medical administration services provider liable for the death of an inmate who hanged herself in her cell at the Onondaga County Justice Center. The court finds the decedent’s estate sufficiently alleges the medical staff’s actions contributed to her death when they failed to perform adequate suicide, psychological or medical screenings upon her admission.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: August 14, 2023, Case #: 5:22cv1165, NOS: Other Civil Rights - Civil Rights, Categories: Health Care, Wrongful Death, Prisoners' Rights
J. Moore finds the lower court properly granted qualified immunity to Kentucky Governor Andy Beshear's on several religious parties' constitutional challenge to an executive order that banned in-person learning due to Covid-19 in the winter of 2020. There was no clearly established precedent at the time he issued an executive order to suspend in-school instruction that would have led him to believe such an order violated religious organizations' Free Exercise rights. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: August 14, 2023, Case #: 21-6028, Categories: Constitution, Immunity, Covid-19
J. Friot partially grants the police officer's summary judgment motion in this lawsuit stemming from an individual's arrest outside an apartment. The individual contends that he was subjected to excessive force, but the officer's use of pepper spray was reasonable under the circumstances, as the officer was responding to a call "classified as first-degree burglary" and the individual refused to take his hand out of his pocket when ordered. On the other hand, summary judgment is not appropriate as to his excessive force claim based on the officer's alleged "takedown maneuver."
Court: USDC Western District of Oklahoma , Judge: Friot, Filed On: August 14, 2023, Case #: 5:21cv533, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence
J. Soto finds a lower court ruled mostly correctly in a convoluted real-estate dispute in which a man asserting ownership of a property sued a variety of parties for a variety of claims, including adverse possession and fraudulent inducement, prompting those parties to countersue and obtain both summary judgment and a final judgment in their favor — ultimately leading to this appeal. While the lower court mostly ruled correctly in tossing out the man’s claims, they awarded excessive exemplary damages to some of the parties even though the man had “fraudulently clouded title to the Property.” Reversed in part.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: August 14, 2023, Case #: 08-22-00079-CV, Categories: Fraud, Property, Real Estate
J. Osteen partially denies a municipality’s motion for summary judgment on an excessive force claim and assault and battery claim against a particular police officer, one of several who pulled a Black female driver over and arrested her. Although the driver alleges officers racially profiled her, she fails to state a claim. However, based on her testimony and footage from the officers’ body cameras, her claims against one officer stand because he pulled his firearm on her when she showed no threat to the officers and held her hands up. He then pulled her out of the car by her arm and hair and dragged her to the ground, eventually handcuffing her even though she had been given about 10 seconds to comply with the officer’s orders.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: August 14, 2023, Case #: 1:21cv322, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Assault, Police Misconduct
Chancellor McCormick appraises fair value of a company at $14.83 per share at the time of a controlling stockholder's acquisition for $15 per share by making slight adjustments in light of valuation methodologies of the DCF analysis and the comparable companies analysis proffered by opposing parties.
Court: Delaware Chancery Court, Judge: McCormick, Filed On: August 14, 2023, Case #: 2020-0165-KSJM, Categories: Securities
J. Ohta grants the widow's renewed motion for summary judgment on her contention that her husband's life insurance policy was still in force at the time of his death. Insurance companies must provide a 30-day notice to the insured and a designated third-party before terminating the policy due to nonpayment of a premium. There is no dispute that the insurance company did not mail a termination notice to a third party as required by law, so the policy did not lapse.
Court: USDC Southern District of California, Judge: Ohta, Filed On: August 14, 2023, Case #: 3:17cv1709, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Quinn finds that the lower court properly terminated the parental rights of the mother and the father to the child. Contrary to the parents' argument on appeal, the evidence sufficiently supports the lower court's best interest finding. The child was "really doing well" in a foster home, and the evidence shows that both parents had children "removed from their care in other states." There were also allegations of domestic violence. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: August 14, 2023, Case #: 07-23-00206-CV, Categories: Evidence, Family Law
J. Ross rejects a motion for summary judgment and preserves a putative class action suit filed against an independent energy service company with claims for breach of contract alleging it violated the terms of its variable rate plan when it charged unreasonably high rates for electricity usage. The defendant fails to show that its customers’ rates were determined solely by its actual and estimated supply costs and not a combination of other metrics the plaintiffs have proposed in its complaint that were not expressly allowed under the agreement.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: August 14, 2023, Case #: 1:18cv2949, NOS: Other Contract - Contract, Categories: Energy, Class Action