183 results for 'filedAt:"2023-09-26"'.
J. Mendez-Miro finds for the car accident compensation administration and its former executive director in claims contending a contract with a health care provider was wrongfully canceled due to the provider's political views because evidence does not indicate the director had knowledge of an appearance the doctor made on television or what the doctor had said on that appearance.
Court: USDC Puerto Rico, Judge: Mendez-Miro, Filed On: September 26, 2023, Case #: 3:20cv1764, NOS: Other Civil Rights - Civil Rights, Categories: Contract
J. Kendall partially grants a charter school's motion for summary judgment on one of its former teachers' disability discrimination claims. The teacher alleges the charter school fired her in retaliation for taking approved FMLA leave, bringing five related ADA and FMLA claims. the court tosses the teacher's failure to accommodate claim, but leaves the other four standing.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: September 26, 2023, Case #: 1:21cv5013, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Hittner enjoins state officials from enforcing a law touted as the "Drag Ban," which bans sexually oriented performances, carries civil and criminal penalties, and grants counties and cities the ability to regulate the performances. The law is unconstitutional.
Court: USDC Southern District of Texas, Judge: Hittner, Filed On: September 26, 2023, Case #: 4:23cv2847, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution
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J. Lauber finds for the commissioner of internal revenue in collection due process claims stemming from a tax deficiency because issues are not in dispute and settlement officers had not abused their discretion in imposing the levy.
Court: U.S. Tax Court, Judge: Lauber, Filed On: September 26, 2023, Case #: 2023-119, Categories: Tax
J. Landy finds for the commissioner of internal revenue in tax liability claims because genuine issues do not remain in dispute and the settlement officer did not abuse his discretion in imposing the levy.
Court: U.S. Tax Court, Judge: Landy, Filed On: September 26, 2023, Case #: 2023-120, Categories: Tax
J. Land finds that the trial court improperly denied the estate's motion for summary judgment as to claims arising under the Georgia Constitution in an action brought by the individual after the decedent, a sheriff, fired buckshot at him during a high-speed motorcycle chase. However, the trial court correctly denied the motion with respect to the individual's battery and negligence claims because a genuine issue of fact exists as to whether the sheriff shot at the individual with actual malice or intent to injure him. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Land, Filed On: September 26, 2023, Case #: A23A0741, Categories: Civil Rights, Negligence
[Consolidated.] J. Coogler grants the county defendants and federal defendants dismissal of the homeowners' property damage claims they say stems from a poorly placed storm drainage system. The homeowners claim that the placement of the storm drain contributed to the slope failure that damaged their homes and that the damage results in a "taking" of their property by the county defendants. However, these allegations do not show that the county defendants engaged in any conduct that would legally constitute a "taking." The court lacks subject matter jurisdiction over the claims against the federal defendants.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: September 26, 2023, Case #: 7:23cv314, NOS: Torts to Land - Real Property, Categories: Government, Property, Tort
J. Eaton finds that the trial court improperly imposed a release condition on defendant, who was charged with false pretenses and violating conditions of release on prior charges. He was ordered to attend court and engage in drug rehabilitation treatment. The court did not prove that was a reasonable measure to protect the public or mitigate a flight risk. Reversed.
Court: Vermont Supreme Court, Judge: Eaton, Filed On: September 26, 2023, Case #: 23-AP-288, Categories: Drug Offender, Sentencing, Bail
J. Gilliam Jr. allows some civil rights claims to continue against Arcata officials stemming from an incident where police fatally shot a man in the back of the head while responding to reports of decedent acting strangely while walking around with a holstered gun and a briefcase. Decedent's estate sufficiently alleges that two of the officers' conduct was "outrageous," with one of the officers reportedly saying they were "just going to unload on him." Fellow officers allegedly had the chance to intervene in the shooting but did not do so, so the bulk of the claims proceed.
Court: USDC Northern District of California, Judge: Gilliam Jr. , Filed On: September 26, 2023, Case #: 4:22cv4804, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Police Misconduct
J. Africk grants a couple’s belated request to add an expert witness to their suit against their insurance company alleging that inadequate compensation for their losses from Hurricane Ida in August 2021 have left them displaced from their home more than two years later. Although amendment of the witness list would be close to the date of trial, the insurer does not identify specific harm that would be caused by permitting the testimony of the expert, a neutral appraisal umpire. Further, the exclusion of other litigant experts renders the umpire’s testimony “significant" to the homeowners' case.
Court: USDC Western District of Louisiana , Judge: Africk, Filed On: September 26, 2023, Case #: 2:23cv218, NOS: Insurance - Contract, Categories: Insurance, Experts, Discovery
J. Nowell grants in part the appellant's motion for rehearing and withdraws the court's prior opinion in this dispute between neighboring property owners over the removal of certain vegetation and other issues. As to damages, the evidence does not support the damages awarded in connection with the parking lot. Additionally, the exemplary damages award must be vacated and reconsidered on remand. Reversed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: September 26, 2023, Case #: 05-22-00236-CV, Categories: Real Estate, Damages
J. Tunheim denies the meat packing companies' motion to dismiss multidistrict antitrust litigation alleging anticompetitive conduct in the pork packing industry to unlawfully stabilize the price of pork sold to grocery companies and others. The grocery companies sufficiently alleged a conspiracy to restrict competition in the industry which would impact the prices paid for pork for use in multi-ingredient pork products and pork by-products. The grocery companies' claims are timely even though the action was filed 10 years after the conspiracy allegedly began. The grocery companies alleged specific acts committed by the meat companies for the purpose of fraudulently concealing a conspiracy such that the statute of limitations is tolled. The grocery companies also adequately alleged that they were injured by the meat companies' violation of the Packers and Stockyards Act.
Court: USDC Minnesota, Judge: Tunheim, Filed On: September 26, 2023, Case #: 0:18cv1776, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Campbell grants the plaintiff company's motion for summary judgment in this contract dispute involving a planned event at the defendant's hotel. The company terminated the agreement, under which the hotel was to hold a block of rooms, and the hotel subsequently sent the company an invoice for liquidated damages. The company's "reliance on the force majeure provision" of the parties' agreement was valid, as there were ongoing restrictions related to Covid-19 at the time of the planned event.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: September 26, 2023, Case #: 3:21cv810, NOS: Other Contract - Contract, Categories: Covid-19, Contract
J. Rodriguez finds that evidence did not support defendant's conviction for stalking a politician and his family. Though his communications made disconcerting references to the politician's family, he was engaged in constitutionally protected speech when he attended an open house at the politician's home, made comments on Facebook and mailed a letter to the politician. In context, a reasonable person would not find that the communications, which were focused on a school bond measure and corruption in local politics, were a true threat. Reversed.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: September 26, 2023, Case #: A163458, Categories: Harassment, Civil Rights
J. Messitte denies a workforce management software developer's motion to dismiss allegations of fraud brought by a nonprofit that houses and cares for people with intellectual and developmental disabilities. In this second amended complaint, the nonprofit cites over two years of the developer courting and pressuring it to purchase its services, which promised to streamline its administrative processes. The nonprofit finally made the purchase for over $100,000 but almost immediately experienced multiple IT issues that took months to resolve. The nonprofit sufficiently argues that the developer fraudulently represented itself and preyed upon it as it knew the nonprofit was not very knowledgeable in the technology field.
Court: USDC Maryland, Judge: Messitte, Filed On: September 26, 2023, Case #: 1:22cv2728, NOS: Other Contract - Contract, Categories: Fraud, Contract, Technology
J. Gaertner finds that the lower court properly found for the infertility clinic in a suit stemming from its fertilization of the wife's eggs with semen she provided - which was from her paramour, rather than her husband. The husband had multiple opportunities to realize that the sperm used to create the embryo transferred to a surrogate could not have been his, because it predated the lone sample he provided to the clinic. Affirmed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: September 26, 2023, Case #: ED111405, Categories: Tort, Emotional Distress
J. Cogburn denies a female police officer and the City of Charlotte their motion for summary judgment after the female officer shot a male officer in an attempt to serve a search warrant on a known violent criminal. Several officers arrived the house where they intended to serve the warrant. After the officers used a battering ram to knock a door down, shooting came from inside and the male officer was hit. In apparent confusion, the female officer shot at the male officer 14 times before someone identified him as an officer. His injuries required multiple surgeries and he is unable to return to work as an officer. His bulletproof vest with the word “police” across the back were obscured by a jacket, which puts his claims of negligence, assault and battery and intentional infliction of emotional distress into question. Therefore, summary judgment is not possible at this stage and the case will proceed to trial.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: September 26, 2023, Case #: 3:22cv60, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Assault
J. Rossman finds that the lower court improperly sentenced defendant on his drug conviction. While the lower court properly imposed a firearms enhancement on his sentence, defendant was wrongfully denied a "safety-valve" reduction that he was eligible for due to not knowing about a firearm found in a mobile home. His sentence needs to be recalculated as a result. Reversed in part.
Court: 10th Circuit, Judge: Rossman, Filed On: September 26, 2023, Case #: 21-7054, Categories: Drug Offender, Sentencing
J. Pechman grants the counties' emergency motion to remand their complaint, which alleges that the Washington State Department of Social and Health Services violated state law by refusing to admit individuals for court-ordered civil commitment evaluations, to the Pierce County Superior Court. DSHS argues that the counties' case should remain in federal court because it will touch on the constitutional rights argued in the ongoing case "A.B. by & through Trueblood v. Washington State Dep’t of Soc. & Health," but DSHS does not show how the civil conversion patients in this case have the same or superior constitutional rights as the Trueblood class members.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: September 26, 2023, Case #: 3:23cv5775, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Jurisdiction, Venue
J. Tostrud grants the long-term care facilities' and officials' motion to dismiss the siblings' civil rights and negligence action arising from alleged misconduct related to the disabled brother's guardianship. The action failed to put the facilities on notice as to which siblings are asserting which claims against them. Many of the siblings' claims are barred by the Rooker-Feldman doctrine preventing a lower federal court from declaring a state court judgment unconstitutional. The siblings also failed to properly state civil rights claims against the facilities by failing to plausibly allege that they are state actors.
Court: USDC Minnesota, Judge: Tostrud, Filed On: September 26, 2023, Case #: 0:23cv1144, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Guardianship