164 results for 'filedAt:"2023-09-14"'.
J. Teilborg grants a police officer's motion for qualified immunity concerning excessive force claims brought by an estate administrator. The police officer sufficiently showed in court that the estate administrator's decedent drove erratically in traffic, fled police while armed with a screw driver, and then intentionally attempted to ram his car into an occupied police vehicle. Affirmed.
Court: USDC Arizona, Judge: Teilborg, Filed On: September 14, 2023, Case #: 3:22cv8055, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Wrongful Death
J. Sacks finds that the lower court improperly denied the insurance company dismissal of claims brought by a construction company that accused the insurance company of failing to reimburse it for costs involved in correcting faulty work completed by a subcontractor. The construction company's claims fail to satisfy the due process standards for personal jurisdiction. Vacated.
Court: Massachusetts Court Of Appeals, Judge: Sacks, Filed On: September 14, 2023, Case #: 22-P-734, Categories: Construction, Insurance, Jurisdiction
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. Keough finds the trial court erroneously found defendant's conviction for assault was a fourth-degree felony, rather than a first-degree misdemeanor. Although the jury found the victim was a peace officer at the time defendant bit her, it did not find the assault occurred while she was acting as an officer, which is required for a felonious assault conviction. Therefore, the case must be remanded to allow for resentencing on the proper offense level. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: September 14, 2023, Case #: 2023-Ohio-3246, Categories: Sentencing, Assault
J. Stiglich finds the district court properly declined to backdate the same-sex marriage to the beginning of the relationship in order to determine property division in the underlying divorce proceeding. One of the husbands argues that they would have married in the early 1990s if same-sex marriage had been legal, but there is no law or guiding case supporting the backdating of a marriage. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: September 14, 2023, Case #: 83859, Categories: Family Law, Lgbtq
Per curiam, the North Dakota Supreme Court finds that the district court properly denied a motion to modify parenting time. The district court found no material change in circumstances existed because it was known at the time of the initial parenting time order that the father’s parole would end, he would complete sex offender treatment and then would remain a registered sex offender until 2031. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: September 14, 2023, Case #: 2023ND166, Categories: Family Law
Per curiam, the circuit finds the district court properly dismissed the Black doctor's hostile-work-environment, race discrimination and retaliation claims against the hospital. Over the span of two years, 19 event reports and two patient complaints were filed against the doctor. The doctor is unable to show that but-for his discrimination and retaliation complaints, a requirement to attend a weekend program to improve professional communication would not have been imposed. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 14, 2023, Case #: 22-10535, Categories: Employment Discrimination, Employment Retaliation
J. DeGravelles grants a renewed request for dismissal from an oil and gas corporation tasked with overseeing the state-ordered cleanup of a former Superfund site. A subcontractor on the restoration project has failed to make sufficient allegations to support its claim for unjust enrichment against the supervisor of an industry fund for the cleanup operation corporation. Because the subcontractor has a contractual remedy against the general contractor for the job, the subcontractor is precluded from bringing an unjust enrichment against the corporation for $887,386 in unpaid invoices.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: September 14, 2023, Case #: 3:22cv62, NOS: Other Contract - Contract, Categories: Energy, Environment, Contract
J. Royal rules in favor of the insurer in a declaratory judgment action against the estate special administrator seeking to determine its payment obligations related to a $750,000 consent judgment entered into by its insured in an underlying wrongful death case. A third-party insurer's $900,000 settlement payment satisfied the $750,000 regulatory minimum, therefore the insurer is not obligated to pay any portion of the consent judgment against the insured under the terms of an endorsement in the policy.
Court: USDC Middle District of Georgia, Judge: Royal, Filed On: September 14, 2023, Case #: 3:22cv6, NOS: Insurance - Contract, Categories: Insurance
J. Barrett denies the funding group's motion to dismiss, ruling the lender's allegations the group knew several health care companies were precluded from assigning receivables to another company are sufficient to plead a conversion claim under Ohio law. Meanwhile, allegations the funding group concealed its transfers with the health care companies meet heightened pleading requirements for the fraudulent transfer claim and allow that claim to proceed.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: September 14, 2023, Case #: 1:21cv691, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, Conversion, Banking / Lending
J. Wicks approves a proposed settlement to resolve an unpaid wages claim brought by an employee of a mortgage loan originator which grants the employee the ability to actually purchase the company at the reduced price of $100,000, finding the deal fair and reasonable. The parties had originally agreed to the sale of the company for $500,000, but the defendants agreed to a reduced amount to both settle the employee's claims and keep the deal alive.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: September 14, 2023, Case #: 2:22cv715, NOS: Fair Labor Standards Act - Labor, Categories: Settlements
J. Sung grants an immigrant's petition for review of an immigration judge’s decision upholding an asylum officer’s negative reasonable fear determination following the reinstatement of a prior order of removal. The immigrant’s credible testimony sufficiently established a reasonable fear of persecution or torture. The immigrant testified that three cartels seek to control the region around his hometown in Mexico. Autodefensa, a local community defense group, fights to prevent cartel influence. The cartels carry out weekly attacks to kill Autodefensa members, and target families of community defense members to erode resistance to cartel control. The immigrant's uncle is the leader of Autodefensa and his father and three other uncles are or were members, before some of them were killed. The immigrant fears that, if removed to Mexico, the cartels will discover his identity as a relative of Autodefensa members and kill him.
Court: 9th Circuit, Judge: Sung, Filed On: September 14, 2023, Case #: 18-71220, Categories: Immigration
J. You denies the distillery's motion to disqualify the shareholder's counsel in the shareholder's whistleblower and wrongful termination lawsuit. The distillery argues that the shareholder's counsel did not disclose that the shareholder had confidential emails from his time working for the distillery and that counsel improperly viewed those emails without a court order. However, the shareholder legally obtained the documents because the distillery's policy allowed him to transfer them to his personal account during him time as a CEO, and the distillery did not demand the documents back until this case's pending motions in 2023.
Court: USDC Oregon, Judge: You, Filed On: September 14, 2023, Case #: 3:20cv2182, NOS: Other Contract - Contract, Categories: Employment, Discovery, Contract
J. Eagles finds in favor of a nonprofit community development firm in the employee's complaint alleging gender discrimination. While the employee did establish she was part of a protected class under Title VII, she fails to meet any other criteria in her claim. The employee had been disciplined for negligence of her duties multiple times and was warned during a performance review that her supervisor was considering firing her. Choosing to resign when facing termination based on poor performance is not a constructive discharge.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: September 14, 2023, Case #: 1:21cv814, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
[Consolidated.] J. McShan finds that the family court properly shifted sole legal and physical custody of a child to the father based on credible evidence of parental alienation on the part of the mother and her lack of commitment to fostering a father-child relationship. The mother lacked awareness of the severity of her mental health and the effects it had on the child. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: September 14, 2023, Case #: 535871, Categories: Family Law
J. Davila declines to dismiss an environmental group's lawsuit accusing Sunnyvale and Mountain View of unlawfully discharging pollution into their sewer systems. The cities moved for dismissal on the ground that a 2022 permit issued to them by the regional water quality board changed the landscape enough that the suit is moot. While the permit does change a few things, it does not rescind a prior 2015 permit or change the language of the local discharge rules. The new permit, as a result, does not moot the claims and allows the court to retain jurisdiction.
Court: USDC Northern District of California, Judge: Davila, Filed On: September 14, 2023, Case #: 5:20cv824, NOS: Environmental Matters - Other Suits, Categories: Environment, Water, Jurisdiction
J. Brann grants class certification to approximately 400 Shop-Vac factory workers seeking damages under under the Worker Adjustment and Retraining Notification Act based on claims that they had been terminated without severance pay and lost health care coverage without notice when the corporation shuttered the Williamsport manufacturing plant. Employees who signed an arbitration agreement upon being re-hired by Shop-Vac's successor may join as subclass plaintiffs because they are sufficiently similar in numerosity and common interests.
Court: USDC Western District of Pennsylvania, Judge: Brann, Filed On: September 14, 2023, Case #: 4:21cv976, NOS: Other Labor Litigation - Labor, Categories: Employment, Class Action, Labor
J. Benitez grants the two teachers' request for a preliminary injunction barring the school district from enforcing its policy prohibiting teachers from disclosing to a parent the fact that their student identifies as a new gender or wants to be addressed by a new name or pronoun without first obtaining the student's consent. The district defendants have not established that they will be harmed if an injunction preserving the status quo ante stands. Furthermore, the teachers are likely to succeed on the merits of their claims because the reasons proffered by the district for the policy "pass neither the strict scrutiny nor the rational basis test."
Court: USDC Southern District of California, Judge: Benitez, Filed On: September 14, 2023, Case #: 3:23cv768, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Education, Lgbtq