108 results for 'filedAt:"2024-01-22"'.
J. O'Rourke holds that the trial court must revisit an Environmental Quality Act challenge to the approval of a supplemental environmental impact report for a shipping container terminal at the Port of Los Angeles. The trial court found that emissions mitigation measures in the report were unenforceable, in violation of the Act. But it erred in limiting the range of remedies it could impose on the port to ordering a revised report, while allowing continued operations at the terminal. The port abused its discretion in making a greenhouse gas offset fund a term of the terminal's lease instead of enforcing it as a mitigation measure. And it failed to support its decision to reduce the compliance rate with a requirement for vessels to slow down near the port. Reversed.
Court: California Courts Of Appeal, Judge: O'Rourke, Filed On: January 22, 2024, Case #: D080902, Categories: Environment, Transportation
Per curiam, the circuit finds that the district court properly dismissed claims in which a retired union carpenter challenges the termination of his pension after he was internally convicted of working for a non-union company because he failed to exhaust administrative remedies under ERISA, and the record belied his contention that he had not received a full and fair hearing under the Labor-Management Reporting and Disclosure Act. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 22, 2024, Case #: 23-815, Categories: Erisa, Social Security, Labor / Unions
J. Carney grants the delivery driver's counsel $191,300 in attorney fees for representing the delivery driver in his class action accusing the landscape supply company of not paying him and other employees their overtime wages, bonuses, incentives and commissions. The delivery driver's counsel requests attorney fees equal to one-third of the gross settlement amount, or approximately $266,600, but while the counsel performed adequately, they did not perform exceptionally in the straightforward wage violation case.
Court: USDC Central District of California, Judge: Carney, Filed On: January 22, 2024, Case #: 8:21cv1834, NOS: Other Labor Litigation - Labor, Categories: Settlements, Attorney Fees, Class Action
J. Lin awards the employee $75,000 in damages after Boeing demoted him in retaliation for reporting a co-worker's age discriminatory conduct toward other workers. The employee was demoted and discouraged from applying for his former position within weeks of his complaint, and there is little evidence that Boeing's supervisor worked to help the employee get promoted.
Court: USDC Western District of Washington, Judge: Lin, Filed On: January 22, 2024, Case #: 2:22cv533, NOS: Employment - Civil Rights, Categories: Employment, Damages, Employment Discrimination
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J. Poochigian finds that the state should have given defendant the notice called for by the Electronic Communications Privacy Act after obtaining evidence from a phone company and Facebook using several warrants. However, despite the violation, defendant was made aware of the evidence prior to trial, so the Act's purpose was achieved and suppression of the evidence was not required. Affirmed.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: January 22, 2024, Case #: F084307, Categories: Evidence, Murder
J. Chase finds that the trial court should not have granted a payroll company's exception of no cause of action on the employer's claim that its employee requested unauthorized non-taxable reimbursements from its account that were disbursed by the payroll company. In this case, the employer should have been allowed the opportunity to amend its petition. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: January 22, 2024, Case #: 2024-C-0016, Categories: Civil Procedure, Employment, Damages
J. Lobrano finds that the trial court should not have granted defendant's motion to suppress identification. Defendant did not show that the victim’s out of court identification was suggestive and that there was a likelihood of misidentification as a result of the identification procedure. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: January 22, 2024, Case #: 2024-K-0024, Categories: Evidence, Identification
J. Huff grants weight loss platform Noom's motion to dismiss a user's invasion of privacy class action for Noom's alleged use of "Session Replay Code," which enables website operators to record and replay visitors' interactions with the website. The user lacks Article III standing because she has not alleged that Noom has tracked or disclosed any individually identifiable data or that it has anything to connect the information the user allegedly disclosed via a Noom survey to her.
Court: USDC Southern District of California, Judge: Huff, Filed On: January 22, 2024, Case #: 3:23cv285, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, Class Action
J. Taranto finds that the court of federal claims improperly dismissed claims brought under the Fair Labor Standards Act because the court applied the wrong standard and must determine whether plaintiff was an employee of the company as defined under the Act. Reversed.
Court: Federal Circuit, Judge: Taranto, Filed On: January 22, 2024, Case #: 2022-2249, Categories: Employment, Labor
J. Menendez partially grants the debtors' motion for attorney's fees in their Unfair Debt Collection Practices Act suit against the debt collectors. The debtors' claimed $450 hourly rate for their attorney is unreasonable given the relatively simple and minimal litigation involved in this matter, and the debt collectors' proposed $350 hourly rate for fees is adopted. His claimed hours are also more excessive than applied discounts can account for. Several fees are also not reasonable, and the debtors are awarded $12,239 in fees and costs rather than their claimed $29,139.
Court: USDC Minnesota, Judge: Menendez, Filed On: January 22, 2024, Case #: 0:23cv632, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Attorney Fees
J. Reyes affirms the district court's adjudication of the minor as delinquent of fifth-degree criminal sexual conduct following his breach of a continuance for dismissal agreement. District courts retain subject-matter jurisdiction over adult defendants' termination hearings for continuances for dismissal until a defendant's 21st birthday under an exception to Minnesota's juvenile-jurisdiction statute permitting them to conduct a trial. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Reyes, Filed On: January 22, 2024, Case #: A23-0752, Categories: Juvenile Law, Sex Offender
J. Gard finds a lower court properly granted a wife's order of protection against her estranged husband for domestic violence. The husband argued that the lower court erred in disqualifying his right to possess or purchase firearms and ammunition, and that he is not a "credible threat" to his wife. However, although the lower court failed to follow a credible- threat procedure, it does not justify reversible error. Affirmed.
Court: Arizona Court Of Appeals Division Two, Judge: Gard, Filed On: January 22, 2024, Case #: 2 CA-CV 2023-73, Categories: Firearms, Threats, Domestic Violence
J. Bowes finds that the lower court improperly sentenced defendant to 36-to-72 years in prison for multiple counts of sexually abusing three minor children. The sentence was illegal because the court imposed conditions that only the Pennsylvania Board of Probation and Parole or Department of Corrections had authority to instill. Vacated.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: January 22, 2024, Case #: J-S45004-23, Categories: Sentencing, Sex Offender, Child Victims
J. Gleason grants the state's motion to dismiss property owners' challenge of a section line from a government survey that crosses both of their properties and the government's statement that "the public could lawfully traverse" these easements. "The relief Plaintiffs seek would invalidate the State’s section line easements throughout all of Alaska."
Court: USDC Alaska, Judge: Gleason, Filed On: January 22, 2024, Case #: 3:23cv85, NOS: All Other Real Property - Real Property, Categories: Real Estate
J. Bucklo partially grants a former tobacco shop cashier’s motion for expedited jurisdictional discovery. The cashier’s supervisor fired him and a coworker on the suspicion that they stole from the shop’s register, in response to which the cashier filed this lawsuit alleging retaliation, slander, wage law violations and Fair Labor Standards Act violations against the tobacco shop’s owner. The court grants the motion for expedited discovery as it relates to the police reports the shop’s owner has filed in the last three years, job applicant records and other documents, but it denies his motion as it relates to the shop owner’s record of property ownership, phone records and credit card sales.
Court: USDC Northern District of Illinois, Judge: Bucklo, Filed On: January 22, 2024, Case #: 1:23cv7805, NOS: Insurance - Contract, Categories: Employment, Jurisdiction, Discovery
J. Navarro grants Fannie Mae's motion to dismiss and expunge the pending suit. The investment company alleges Fannie Mae illegally made a credit bid over the allowable amount at the property foreclosure auction. The court dismissed the investment company's wrongful foreclosure and quiet title claims and, therefore, is not likely to succeed on the merits. The remaining claim involving alleged deed of trust violations is a claim for money damages and does not affect the title or possession of real property.
Court: USDC Nevada, Judge: Navarro , Filed On: January 22, 2024, Case #: 2:22cv1942, NOS: All Other Real Property - Real Property, Categories: Property, Securities, Foreclosure
J. Gilstrap makes determinations of French law as to certain issues in a suit that involves the licensing of standard essential patents for 5G technology. For instance, a party that fails to negotiate a license in good faith is liable to the other party for reasonable damages, including litigation costs.
Court: USDC Eastern District of Texas , Judge: Gilstrap, Filed On: January 22, 2024, Case #: 2:22cv78, NOS: Patent - Property Rights, Categories: International Law, Licensing, Patent
J. Burkhardt grants the government's motion to compel the release of a civilian's medical records in relation to claims that the Department of Veterans Affairs personnel failed to diagnose a retinal tear in his left eye. The civilian's medical and mental health records are relevant to determining whether he suffered from pre-existing injuries. However, the government is only entitled to records beginning five years prior to the incident at issue, rather than its request for records dating back 13 years.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: January 22, 2024, Case #: 3:23cv1026, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Government, Discovery, Medical Malpractice
J. Hull finds that the trial court properly consolidated three cases against defendant that each included the possession of methamphetamine with intent to sell. Uncharged act drug and firearm evidence found during a search was within the trial court's discretion to admit. However, it was error to impose more than one enhancement for an offense defendant committed while on bail. Reversed in part.
Court: California Courts Of Appeal, Judge: Hull, Filed On: January 22, 2024, Case #: C096740, Categories: Drug Offender, Sentencing, Bail
J. Hillman allows plaintiff to continue certain pro se claims contending a condominium failed to protect plaintiff, a disabled tenant, from another resident's anti-Jewish and ableist slurs, as well as his threats to kill her, and failed to take action after security guards mocked her disability. The tenant adequately alleged anti-Jewish discrimination and that security staff had charged her fees to let her into the building.
Court: USDC New Jersey, Judge: Hillman , Filed On: January 22, 2024, Case #: 1:23cv1877, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Housing
J. Ho grants, in part, a realty company's motion for fee shifting as a sanction against an attorney in a trade secrets case. The attorney relied on assumptions, rather than facts, regarding the existence of requested records when he refused to comply with certain discovery orders.
Court: USDC Southern District of Texas, Judge: Ho, Filed On: January 22, 2024, Case #: 4:22cv2847, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Sanctions, Trade Secrets, Discovery
J. Rodriguez finds that the trial court should have granted a real estate seller's motion to expunge a lis pendens on the property. The trial court had already expunged a previous lis pendens on the property after finding that the buyer's underlying claim was not a real property claim. When the buyer filed a new suit directly related to the real property, she was required but failed to obtain trial court permission before recording another lis pendens on the same property. Vacated.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: January 22, 2024, Case #: A168529, Categories: Arbitration, Real Estate