176 results for 'filedAt:"2024-03-26"'.
J. Hardy approved a consent decree between two environmental organizations and a steel manufacturer, finding the manufacturer will pay $5 million in penalties and settlement payments, plus $3 million towards litigation costs, after a control room fire at the steel manufacturer’s plant spurred a Clean Air Act violation complaint.
Court: USDC Western District of Pennsylvania, Judge: Hardy, Filed On: March 26, 2024, Case #: 2:19cv484, NOS: Environmental Matters - Other Suits, Categories: Civil Rights, Environment, Negligence
J. Protasiewicz finds the circuit court court properly dismissed as untimely defendant's request for a judicial substitution in his misdemeanor battery and disorderly conduct case and the court of appeals properly denied defendant's motion for a supervisory writ. Defendant's request for a new judge in his case, which arrived 71 days after a court commissioner entered a not guilty plea on his behalf at a combined initial appearance and arraignment and six days after he was appointed a public defender, is untimely under Wisconsin statutes and local circuit court rules, despite his argument that his delay beyond the applicable deadline was caused by the public defender's office taking so long to appoint him counsel. It is also found that, under precedent, the circuit court had no plain duty to treat defendant's request as timely given the circumstances. Affirmed.
Court: Wisconsin Supreme Court, Judge: Protasiewicz, Filed On: March 26, 2024, Case #: 2022AP001999-W, Categories: Judiciary, Battery
J. Sung finds that the district court improperly entered judgment upholding the denial of social security benefits by an administrative law judge (ALJ) and remanded with the instruction that the district court remand to the agency for further proceedings. The matter is remanded to the Commissioner of Social Security so that an ALJ can further develop the record and make specific findings on whether the claimant had transferable work skills. Reversed.
Court: 9th Circuit, Judge: Sung, Filed On: March 26, 2024, Case #: 22-35427, Categories: Employment, Social Security
J. Klausner grants the streaming service's motion for attorney fees for its complaint alleging that Netflix infringed on the former's patents. Netflix refusing to withdraw its invalidity defense before trial caused the streaming service harm, because several incidents of Netflix's conduct indicates that it already abandoned the defense before trial but pretended otherwise to have the streaming service spend more resources against the defense. The streaming service may seek attorney fees related to invalidity from Oct. 15, 2023 to Oct. 19, 2023.
Court: USDC Central District of California, Judge: Klausner, Filed On: March 26, 2024, Case #: 2:22cv7556, NOS: Patent - Property Rights, Categories: Patent, Attorney Fees
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J. Simon partially dismisses the coach's complaint that the school district and others accused the coach of sexual harassment and fired him to cover up the extramarital affair of another coach. The coach's defamation claim currently fails because it is unclear if it is time barred and the coach does not provide details about the allegedly defamatory statements. The coach can file a second amended complaint if he believes that he can cure the deficiencies.
Court: USDC Oregon, Judge: Simon, Filed On: March 26, 2024, Case #: 3:22cv1923, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Defamation
J. Martinez denies the school district's motion to dismiss a First Amendment claim in the former student's complaint alleging that the school district's assistant principal and vice principal coerced the former student into signing a "safety plan" that prevented him from speaking about sexual hazing by a journalism teacher. The former student sufficiently alleges that he participated in constitutionally protected speech, but it is up to a jury to ultimately decide if the former student's intended speech was constitutionally protected or if it falls under an exception, "such as representing a risk of substantial disruption to the school environment or others."
Court: USDC Western District of Washington, Judge: Martinez, Filed On: March 26, 2024, Case #: 2:22cv1140, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Education, First Amendment
J. Clayton finds that the lower court properly awarded the estate $20 million in a wrongful death suit stemming from a fatal car accident with an 18-wheeler. The court properly excluded a medical expert's testimony on the issue of whether the driver was impaired based on her daily use of marijuana on the basis that it was not reliable or relevant. The doctor was unable to cite any specific behavior exhibited by the mother to support a finding she was impaired except that she lost control of her car. Affirmed.
Court: Missouri Court Of Appeals, Judge: Clayton, Filed On: March 26, 2024, Case #: ED111241, Categories: Vehicle, Experts
J. White grants the EMT defendants' motion for summary judgment in this lawsuit arising from a driver's alleged detention and death following a traffic stop. The court finds that the EMT defendants acted reasonably when they "briefly" assisted the deputies while the driver was still "actively resisting arrest." Also, the medical negligence and wrongful death claims "cannot be pursued against individual employees of a political subdivision of the State of Oklahoma."
Court: USDC Eastern District of Oklahoma, Judge: White, Filed On: March 26, 2024, Case #: 6:21cv44, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Wrongful Death
J. Hurd dismisses claims for due process, age discrimination and equal protection against an Upstate New York municipality and its town board members alleging they unlawfully reduced and altered a retired officer’s medical insurance benefits and subsequently remands his remaining state law claims back to New York Supreme Court. Notably, his due process claim fails because he fails to allege that he has a cognizable property interest in his retiree health benefits.
Court: USDC Western District of New York, Judge: Hurd, Filed On: March 26, 2024, Case #: 5:23cv1467, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Equal Protection, Employment Discrimination
J. Barbadoro denies in part a laser manufacturer’s motion for summary judgment against a man who sued it and another company after he underwent laser surgery and his bladder sustained diffuse thermal burns. The man fails to substantiate that the company knew of the laser’s risks and recklessly disregarded them to deceive the man or his doctors to use the device, but he sufficiently supports his defective design, failure to warn and breach of warranty claims to avoid summary judgment against him.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: March 26, 2024, Case #: 1:20cv943, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability, Warranty
J. McAuliffe grants a government agency’s motion for summary judgment against an employee suing it for gender and age discrimination after it promoted younger, male applicants, with allegedly less experience, over her. The employee failed to initiate contact with an equal employment opportunity counselor in a timely manner and she fails to demonstrate that the agency’s claim, that the younger candidates had more of the types of experiences they were looking for, is a pretext for discrimination.
Court: USDC New Hampshire, Judge: McAuliffe, Filed On: March 26, 2024, Case #: 1:20cv514, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination
J. Wright denies in part the county's motion to dismiss allegations that deputies arrested an individual with Alzheimer's and dementia and did not provide the individual with his necessary daily medications, placed him in general population without monitoring, and did not take him to the hospital as promised, leading to his death. The family's violation of the Fourteenth Amendment claims for failure to protect from harm, failure to provide medical care, and deprivation of the right to familial relationship with decedent will continue. The family has sufficiently alleged that the county "failed to take reasonable action to summon medical care in the several days leading up to" decedent's death.
Court: USDC Central District of California, Judge: Wright, Filed On: March 26, 2024, Case #: 2:23cv5586, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Kindred denies an insurance company's motion for summary judgment in a dispute with an insured regarding damage to his fifth wheel while he was on vacation. The record does not include necessary facts of the incident that led to the damage. The insurance company has "not demonstrated that they had a reasonable basis to deny coverage under the vacation liability provision" of the insured's policy.
Court: USDC Alaska, Judge: Kindred, Filed On: March 26, 2024, Case #: 3:22cv87, NOS: Insurance - Contract, Categories: Insurance
J. Watson denies, in part, the employer's motion to dismiss, ruling that although the employees who filed suit are undocumented immigrants, they are not precluded from bringing minimum wage claims under the Fair Labor Standards Act. However, the unjust enrichment claims against the individual owners of the employer must be dismissed because there are no allegations the employees performed any work directly for the owners.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 26, 2024, Case #: 2:23cv3540, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Méndez-Miró grants the conservation trust's motion for summary judgment on a landowner's claims it fraudulently induced him into executing a deed constituting a perpetual land conservation easement in favor of the trust over his real property, misrepresenting he would receive $750,000 in tax credits. The conservation easement is a voluntary agreement limiting use of a property to protect its natural, cultural or agricultural worth. The Puerto Rico Treasury Department’s denial of the tax credit is not illegal and does not render the deed null.
Court: USDC Puerto Rico, Judge: Méndez-Miró, Filed On: March 26, 2024, Case #: 3:22cv1256, NOS: Other Contract - Contract, Categories: Agriculture, Property, Trusts
J. Cain grants the Army's motion to dismiss this employment discrimination case. The black, female, mentally-challenged administrative assistant says her position description was changed in order to harass and discriminate against her. She says additional duties were not consistent with those assigned to others in her position and her work performance was continually scrutinized. The employee fails to offer allegations or evidence that other employees are valid comparators. The absence of minorities in upper-level positions does not prove discrimination without the comparison.
Court: USDC South Carolina Aiken, Judge: Cain , Filed On: March 26, 2024, Case #: 3:21cv3708, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Tostrud grants the former employee's motion for default judgment in suit against his former employer alleging retaliatory discharge under the False Claims Act and breach of contract. Taken as true, the employee's allegations satisfy all the elements of both claims, and the employer's failure to prosecute its counterclaims warrants dismissal of those counterclaims. Judgment is awarded in the amount of $1,821,620.68.
Court: USDC Minnesota, Judge: Tostrud, Filed On: March 26, 2024, Case #: 0:22cv2145, NOS: False Claims Act - Torts - Personal Injury, Categories: Employment, False Claims
J. Tunheim partially grants the healthcare provider's motion to dismiss the patient's putative class action alleging that it improperly shared personal information with the technology company Meta through its website. The patient's claims for violations of the Minnesota Uniform Deceptive Trade Practices Act and Minnesota Consumer Fraud Act and for unjust enrichment survive, since the patient has plausibly alleged that the healthcare provider deceived patients as to the extent of its use of patients' data and a failure to comply with HIPAA, that his proposed class action would serve a public benefit, and that the healthcare provider receives benefits from the use of his personal information. His intrusion on seclusion claim fails because he voluntarily provided his data to the healthcare provider, and he has not provided sufficiently specific examples of his use of the website to support a Minnesota Health Records Act claim. He has also not pleaded an unlawful interception of data under the Electronic Communications Privacy Act.
Court: USDC Minnesota, Judge: Tunheim, Filed On: March 26, 2024, Case #: 0:23cv482, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Privacy, Class Action, Technology
J. Altman grants the photograph owner's motion for default final judgment against a site which republished its photo of actor Jim Carrey without permission. The site is enjoined from continuing to store or display the photo, and the owner is entitled to judgment in the amount of $12,575 and attorneys' fees and costs in the amount of $8,061.75.
Court: USDC Southern District of Florida, Judge: Altman, Filed On: March 26, 2024, Case #: 1:23cv23601, NOS: Copyrights - Property Rights, Categories: Copyright, Attorney Fees