117 results for 'filedAt:"2023-08-22"'.
J. Menendez denies the employer's motion for partial summary judgment and grants the employee's motion for partial summary judgment, finding that the employer is liable for a violation of Minnesota's Drug and Alcohol Testing in the Workplace Act. The employee's claims against her employer, stemming from her termination from a job at a nuclear facility because of a failed drug test, are not preempted by the Atomic Energy Act or other federal law since the state laws under which she brings her claims were not enacted for purposes of nuclear safety and the employer has not established that applying the DATWA would effect the nuclear licensee the employer was contracted by. The employer has also not sufficiently raised questions of material fact as to whether it terminated the employee because of a positive drug test result.
Court: USDC Minnesota, Judge: Menendez, Filed On: August 22, 2023, Case #: 0:21cv1186, NOS: Employment - Civil Rights, Categories: Employment, Energy, Preemption
J. Kocoras denies both a meatpacking company’s motion to dismiss its employees’ labor claims against it, and the employees’ motion to certify a class. The named employees claim the company underpaid them for their work hours during the Covid-19 pandemic. While the court finds they have sufficiently alleged their charges to pursue them on an individual basis, it finds many of their proposed class members were made aware of a settlement in another, nearly identical case but declined to opt in. Including those who declined the first settlement in a new class, the court opines, would be a waste of judicial resources.
Court: USDC Northern District of Illinois, Judge: Kocoras, Filed On: August 22, 2023, Case #: 1:22cv1937, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Pallmeyer partially grants Naperville’s motion to dismiss a number of civil rights claims brought by one of its former police officers. The former cop says he was defamed and eventually fired in retaliation for questioning the legality of a Naperville police policy which required officers to make at least two traffic stops a day. Naperville says that because the former officer was still in his probationary period when he was fired, he was not due any notice or hearing beforehand. The court decides to dismiss the former cop’s supervisory liability and administrative review claims, but allows his defamation and due process claims to survive.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: August 22, 2023, Case #: 1:22cv6635, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation, Employment Retaliation
J. Spain finds that the trial court improperly denied the college administrative employee's plea to the jurisdiction in an adjunct instructor's suit alleging he was fired due to his race. The adjunct instructor does not have standing since the relief he seeks would not remedy the alleged injury, and he did not show the employee has authority to provide the requested relief. Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 22, 2023, Case #: 14-22-00195-CV, Categories: Jurisdiction, Employment Discrimination
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Per curiam, the Seventh Circuit finds that the lower court properly dismissed a man's false arrest suit stemming from his arrest for sexually assaulting a minor. No reasonable jury could find that it would have been clear to a reasonable officer that the information omitted from the complaint would have negated probable cause. Affirmed.
Court: 7th Circuit, Judge: Per curiam, Filed On: August 22, 2023, Case #: 22-1124, Categories: Civil Rights, Police Misconduct
J. Baca finds the trial court erroneously denied defendant's motion to dismiss a burglary charge filed shortly after he pleaded guilty to trespassing. The later charge stemmed from the same set of circumstances and, therefore, was subject to compulsory joinder. Defendant did not quickly plead guilty to avoid the secondary charge and the state was aware of the facts of the burglary charge when the written plea agreement was signed. Reversed.
Court: New Mexico Court of Appeals, Judge: Baca, Filed On: August 22, 2023, Case #: A-1-CA-39886, Categories: Burglary, Criminal Procedure, Trespass
J. Smith finds the district court properly dismissed this liability suit based upon cancer deaths arising from emissions of a petrochemical manufacturing facility in Reserve, Louisiana. The injured party who does not work for the company, and whose wife died from cancer has not plausibly pled a duty that the Louisiana defendants violated. Though, he cannot be held to be suspicious of invisible and unknown emissions of surrounding companies or to embark independently on an investigation of the inner workings of an otherwise ordinary plant, and the court improperly dismissed claims predicated on his wife’s death. Affirmed in part. Reversed and remanded in part. The denial of leave to amend claims predicated on emotional injuries is vacated.
Court: 5th Circuit, Judge: Smith, Filed On: August 22, 2023, Case #: 22-30526, Categories: Health Care, Tort, Product Liability
J. Liman partially grants the law firm's motion for sanctions against a Chinese permanent resident who accused the firm of working for the Chinese Communist Party and conspiring to harass him. The man's claims are legally frivolous and devoid of all factual basis. As a sanction, he must pay all the firm's legal expenses in connection with this litigation, plus a fine of $2,500 for burdening the court. However, an anti-suit injunction is not appropriate.
Court: USDC Southern District of New York, Judge: Liman, Filed On: August 22, 2023, Case #: 1:23cv343, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions
J. Yarbrough finds that the lower court improperly rendered summary judgment against the appellants as to their declaratory judgment request regarding certain claimed easements and the appellees' right to erect fences or other obstructions over the easements. There are fact issues precluding summary judgment, so the cause should be remanded for further proceedings. Reversed in part.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: August 22, 2023, Case #: 07-22-00351-CV, Categories: Civil Procedure, Real Estate
J. Watkins finds that the trial court properly denied defendant's double jeopardy plea in bar claiming that his guilty plea to burglary and theft precluded the state from prosecuting him for offenses he allegedly committed against the same victim, including rape, kidnapping, sodomy and false imprisonment. The offenses alleged in the two indictments did not arise from the same conduct because defendant left the apartment after allegedly raping the victim and returned later. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: August 22, 2023, Case #: A23A1046, Categories: Sex Offender, Double Jeopardy, Kidnapping
J. Hernandez grants judgment to the hospital against the former registered nurse's claim that the hospital wrongfully refused to pay her full retirement benefits due to the hospital's inaccurate time-keeping in 1996, 2000 and 2001. The hospital's decision that the former registered nurse did not complete 1,000 hours per the terms of the retirement plan for those years was not arbitrary, because its decision was supported by the former registered nurse's time records and her statements that she frequently volunteered low census hours so other nurses did not have to take mandatory low census hours.
Court: USDC Oregon, Judge: Hernandez, Filed On: August 22, 2023, Case #: 3:22cv1208, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa
J. Block grants a motion to dismiss a class action securities fraud suit filed against the operator of an online platform geared towards LGBTQ users in Asia, alleging it downplayed or omitted in its IPO documentation the effects the Chinese government’s recent crackdown on gay content would have on its future business operations. Within a year of trading on the stock market, the company’s stock price fell by more than 50%, resulting in heavy losses for investors. The court finds the China’s stance on LGBTQ rights was public knowledge and available to any discerning investor at the time, thus the company is shielded from liability for the losses.
Court: USDC Eastern District of New York, Judge: Block, Filed On: August 22, 2023, Case #: 1:21cv4044, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Lgbtq, Class Action
J. McKinnon finds that the trial court gave a mother adequate notice through counsel of upcoming parental rights termination hearings, so her absence from the hearings was not a violation of her due process rights. Her rights were properly terminated because she did not comply with all the provisions laid out for reunification, including the visitation component. Affirmed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: August 22, 2023, Case #: DA 22-0568, Categories: Family Law, Due Process
J. Perluss finds that the trial court should have denied a borrower's motion to disqualify a lender's attorney from acting as both a witness and counsel for the lender in the lender's fraudulent inducement action against the borrower. The evidence did not support the disqualification and the lender has the right to choose its counsel. And the timing of the motion to disqualify came long after the attorney's likely dual roles was apparent, so it appears that the motion was tactical. Reversed.
Court: California Courts Of Appeal, Judge: Perluss, Filed On: August 22, 2023, Case #: B316718, Categories: Settlements, Banking / Lending
J. Erickson finds a lower court properly granted summary judgment to an employer on a former employee's race discrimination claims. The former employee argued that she was treated poorly and eventually terminated from her role based on her Asian descent. However, the employer sufficiently showed in court that her termination was based on a "legitimate nondiscriminatory reason," and presented sufficient evidence that she was removed from a project for misconduct for discussing a co- worker's weight. Affirmed in part.
Court: 8th Circuit, Judge: Erickson, Filed On: August 22, 2023, Case #: 22-2592, Categories: Civil Rights, Employment, Employment Discrimination
J. Melloy finds a lower court properly denied two organizations and 17 States' motion for preliminary injunction concerning claims that the Bureau of Alcohol, Tobacco, Firearms, and Explosives overstepped its authority when it breached federal regulations by deciding the definition of receiver and identification of firearms. The organizations and 17 States argued that it was entitled to a preliminary injunction to enjoin the ATF from implementing the new rule and for overstepping its authority. However, the bureau presented sufficient evidence in court that the organizations and the 17 States would not face economic harm or deprivation of its rights to engage in protected conduct under the Constitution minus a decision on the merits. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: August 22, 2023, Case #: 22-2812, Categories: Government, Firearms, Injunction
J. Farrish grants, in part, the environmental group's motion to compel, ruling redactions made by Shell to various discovery documents were unwarranted and prevent the group from understanding key issues in the case. Therefore, the environmentalists will be allowed to request unredacted versions of up to 50 documents provided in response to their initial interrogatories.
Court: USDC Connecticut, Judge: Farrish, Filed On: August 22, 2023, Case #: 3:21cv933, NOS: Environmental Matters - Other Suits, Categories: Environment, Discovery
J. Dodge dismisses claims contending a VA police officer's superiors at the Butler VA refused to promote him because he is Black, as evidence was insufficient to determine whether he was entitled to the position, that he was the best candidate for the job, or that he had been subjected to retaliation for filing race discrimination claims with the EEOC.
Court: USDC Western District of Pennsylvania, Judge: Dodge, Filed On: August 22, 2023, Case #: 2:22cv304, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation