96 results for 'filedAt:"2024-04-15"'.
J. Hamilton finds that the lower court properly found for the city and police detectives in a civil rights suit filed by two suspects who claim the detectives deliberately misled judges and a grand jury to secure a probable cause determination to detain them on charges of first-degree murder, of which they were acquitted. The suspects cannot show that the detectives' alleged false statements were necessary to the judge's probable cause decision, especially as the state's attorney's office conducted its own independent investigation before deciding to file charges. Affirmed.
Court: 7th Circuit, Judge: Hamilton, Filed On: April 15, 2024, Case #: 22-2467, Categories: Civil Rights, Police Misconduct
J. Stewart finds the district court properly dismissed the Texas inmate's second-in-time petition for lack of jurisdiction. Convicted for continuous sexual abuse, indecency with a child and sexual contact, and possession of child porn, the inmate says that though his first-in-time petition was still pending on appeal when his second-in-time habeas petition was filed, the second filing should have been construed as a motion to amend. Consistent with statutory and Supreme Court guidance, the inmate's second-in-time petition was successive, and subject to the court’s transfer order for lack of jurisdiction absent authorization to file. Affirmed.
Court: 5th Circuit, Judge: Stewart , Filed On: April 15, 2024, Case #: 21-11031, Categories: Habeas, Sex Offender, Child Victims
Per curiam, the circuit finds the district court properly found for a casino owner on a casino patron allegations that while she was playing a slot machine, she was hit by a casino-owned motorized scooter operated by another patron who had rented it. Resolution of the claimant's issues, including whether the owner rented the scooter or owed a duty of care, would not affect the outcome. No evidence of any factual dispute has been offered. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 15, 2024, Case #: 23-60499, Categories: Negligence, Premises Liability
J. Eagles denies Greensboro’s Alcoholic Beverage Control (ABC) Board’s motion for judgment on the pleadings following allegations of disability discrimination brought by a former ABC warehouse worker. The worker’s doctor examined him for chronic pain after having worked in the warehouse for eight years, and he called off from work for four days on doctor’s order after he was diagnosed with plantar fasciitis. The board argues the worker does not have a disability because of the short time between when he let them know about his condition and his call-off, and it fired him less than a week after his four-day absence. However, the worker reported having had chronic pain for two years before the call-off and has demonstrated his disability under ADA.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: April 15, 2024, Case #: 1:23cv621, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
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J. Wynn finds the lower court properly denied summary judgment to the police officer. The police were called by the mother of a 15-year-old boy who claims her son was hitting her. When police arrived, they found the teen unarmed and began approaching him as he attempted to back away before lunging toward him and tackling him to the ground. Despite one officer already tasing the teen who was on the ground, the police officer punched the teen five times in the back of the head while he lay helpless. There is still a genuine dispute over whether the officer used excessive force, thus precluding summary judgment based on qualified immunity. Affirmed.
Court: 4th Circuit, Judge: Wynn, Filed On: April 15, 2024, Case #: 22-2115, Categories: Civil Rights, Immunity, Police Misconduct
J. Docherty denies the pillow magnate and his company's motion to reconsider an order on their earlier motion to compel, partially grants their separate motion to compel, and grants their motion to amend the scheduling order in the voting machine company's suit against them alleging that they made defamatory claims in disputing the results of the 2020 presidential election. The original ruling on the earlier motion to compel was not in error, and the motion for reconsideration is not properly before the court. The motion to compel is timely as to four of its requests for production, but not for two others, and of the four timely-challenged requests, the voting machine company must supplement its disclosures for one.
Court: USDC Minnesota, Judge: Docherty, Filed On: April 15, 2024, Case #: 0:22cv98, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Elections, Defamation, Discovery
J. Carson finds that the lower court properly denied summary judgment to a county clerk in a civil rights dispute with her deputy. The clerk demanded that the deputy offer her full support to the clerk's next reelection campaign, and when the deputy declined, she was fired. Summary judgment was properly denied to the county clerk on the basis that it is clear under the law that a public official cannot "condition a subordinate’s employment" on any political basis. Affirmed.
Court: 10th Circuit, Judge: Carson, Filed On: April 15, 2024, Case #: 22-7061, Categories: Civil Rights, Employment
J. Settle denies the state's motion for reconsideration of the court's prior order denying in part the state's bid for dismissal of a challenge to HB 1470, which requires a slew of rules and regulations for private detention facilities that appear to place a burden on the Northwest Detention Center. The state does not show any manifest error that the court made during its ruling, and it once again does not state the similarities between detention centers and residential treatment facilities that might question the ruling. Also, the preliminary injunction against the Department of Health and the Department of Labor and Industries holds, because both are appointed by and serve the governor.
Court: USDC Western District of Washington, Judge: Settle, Filed On: April 15, 2024, Case #: 3:23cv5626, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Injunction
J. Gillmor dismisses a complaint by a former government accusing her union of filing a grievance on her behalf when she was fired over Covid-19 vaccination requirements. The employee does not make any direct claims of religious or otherwise discrimination that led to the union not filing. The employee’s complaint is more focused on her actual employer, who is not a defendant, and barely addresses the union’s role.
Court: USDC Hawaii, Judge: Gillmor, Filed On: April 15, 2024, Case #: 1:23cv335, NOS: Other Civil Rights - Civil Rights, Categories: Covid-19, Employment Discrimination, Labor / Unions
J. Cole mostly denies a class of truck drivers’ motion for more discovery in this long-running case over a railroad operator potentially violating biometric privacy law. The court broadly sides with the railroad operator in its assertion that it has already provided the class of drivers with all the discovery documents they are entitled to, but nevertheless orders the operator to compile a privilege log regarding its communications with a third-party software company.
Court: USDC Northern District of Illinois, Judge: Cole, Filed On: April 15, 2024, Case #: 1:20cv390, NOS: Other Contract - Contract, Categories: Privacy, Discovery, Class Action
J. Lynch found that the lower court improperly held the department of children, youth, and families in contempt of an order to place a child. Despite the department's reasonable efforts, an appropriate level of care was not available either in- or out-of-state due to availability and staffing shortages caused by the Covid-19 pandemic, in addition to the mother's noncompliance with the child's insulin regimen.
Court: Rhode Island Supreme Court, Judge: Lynch, Filed On: April 15, 2024, Case #: 22-75, Categories: Contempt, Family Law
J. Snyder denies in part an investment consulting group's motion to dismiss a pension fund's allegations of breach of fiduciary duty under ERISA. The pension fund alleges that the investment consulting group recommended a program management company and concealed information regarding the company's lack of experience and its owner's financial difficulties. The pension fund later found that some portfolio companies the management company had invested in were "worthless" and claims the consulting group failed to properly investigate the program management company. The pension fund has ERISA standing and has sufficiently pleaded its breach of fiduciary duty claim under ERISA. The fund is granted leave to amend its remaining claims.
Court: USDC Central District of California, Judge: Snyder, Filed On: April 15, 2024, Case #: 2:23cv7726, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty
[Consolidated.] J. Easterbrook finds that the lower court improperly denied an investor's motion to intervene in a dismissed securities class action. The investor seeks to challenge $300,000 in mootness fees paid by the corporation to counsel in a suit mooted after the company agreed to make supplemental disclosures about its proposed merger. He claims that the only purpose of the suit was not needlessly increase the cost of litigation to induce the company to pay fees to counsel, while not providing any real benefit to investors. While the court has already ordered the fees returned in this particular case, counsel are entitled to be heard, and the court may consider sanctions. Vacated.
Court: 7th Circuit, Judge: Easterbrook, Filed On: April 15, 2024, Case #: 18-2220, Categories: Securities, Attorney Fees, Class Action
J. Quinn finds that the lower court improperly placed certain "affiliates" of the alleged debtor into receivership. The application for the appointment of a receiver did not mention "any of the 55 affiliates or seek a receivership over any of them." Further, the affiliates were not the "property and business" of the alleged debtor, and the scope of the appointment should have been limited. Reversed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: April 15, 2024, Case #: 07-23-00398-CV, Categories: Civil Procedure, Debt Collection, Banking / Lending
J. Seely finds the trial court improperly denied post sentencing motions for a defendant charged with burglary when he challenged his sentence on the grounds of double jeopardy. The state argues the trial court no longer had jurisdiction to consider a post-sentencing request. The trial court does not have jurisdiction because the case had begun, and the defendant failed to file his post-sentencing motion within the time period allowed to rule on the motions. This case is remanded for further proceedings to dismiss the motions. Reversed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: April 15, 2024, Case #: AC46463, Categories: Burglary, Sentencing, Jurisdiction
J. Seeley finds the trial court properly granted the city’s motion to dismiss for lack of subject matter jurisdiction in this personal injury dispute brought by a driver after she was injured and her vehicle was damaged on a defective roadway. The driver alleges the city was aware of the condition and failed to repair it because she had reported a defective water main hole cover to the police and the public works department. She failed to state a cause of injury in her notice. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: April 15, 2024, Case #: AC46460, Categories: Government, Vehicle, Negligence
J. Cradle finds the trial court properly awarded judgment in favor of a vehicle dealership for claims of breach of contract, fraud and Connecticut Unfair Trade Practices Act violations brought by a property management company and its managing member and a family member. The managing member and family friend fails to establish a burden of proof for all claims, failed to cite any case law or make an argument for an amendment. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: April 15, 2024, Case #: AC45867, Categories: Civil Procedure, Fraud, Contract
J. Nye denies investors' motions to modify the scheduling order, for leave to amend, to reopen discovery and for reconsideration in a landfill acquisition project investment dispute. The investors' "newly discovered evidence could have easily been discovered at any point prior to or during this litigation." They do not cite unforeseen circumstances that prevented them from seeking the records earlier. The investors do not address their "untimely delay in requesting the records and petitioning this Court for modification, amendment, and reconsideration."
Court: USDC Idaho, Judge: Nye, Filed On: April 15, 2024, Case #: 1:20cv544, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Discovery
J. Morgan denies summary judgment to a pest control company and its employee who allegedly hit a bicyclist while trying to park in New Orleans’ historic French Quarter. The company argues the bicyclist was peddling the wrong way on the street, adding he is solely at fault for the accident and his injuries. However, a partial ruling would not settle the question of liability and other issues, such as whether the cyclist bears any blame for the accident and his injuries.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: April 15, 2024, Case #: 2:22cv3870, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Employment, Negligence
J. Lagoa certifies an issue to the Florida Supreme Court in an appeal of the district court's decision denying the property owner's motion for attorney fees after judgment was entered in its favor in a breach of contract action arising from a property dispute with the sublessee. The district court found that a prevailing party attorney fees provision in the contract created rights and obligations only as to the original contracting parties and not as to the property owner and sublessee. A question is certified to the Florida Supreme Court as to whether a fee provision is a real covenant such that it runs with the land when an easement agreement contains a prevailing-party attorney fee provision.
Court: 11th Circuit, Judge: Lagoa, Filed On: April 15, 2024, Case #: 22-11977, Categories: Attorney Fees, Contract
J. Snyder denies a company's motion to dismiss a business founder's allegations that after acquiring his business, the company violated the put agreement by failing to pay his retention bonus or fund the purchase of his remaining shares. Diversity jurisdiction has been established. The founder has sufficiently alleged his promissory fraud claim. The put agreement does not waive the founder's right to a jury trial. A stay is not warranted, as the arbitration proceedings are limited to employment agreement disputes, while this matter is regarding a put agreement dispute.
Court: USDC Central District of California, Judge: Snyder, Filed On: April 15, 2024, Case #: 2:23cv9055, NOS: Other Contract - Contract, Categories: Fraud, Jurisdiction, Contract