21 results for 'judge:"Scott"'.
J. Scott grants a teen cheerleader’s father’s motion to dismiss in this nuanced defamation suit wherein the mother of a squad member of his daughter’s harassed his daughter by sending anonymous text messages to the cheerleading gym’s owner, alleging the teenager was vaping, drinking and posting revealing pictures online. The mother failed to state a claim for defamation by saying she was falsely accused in the media by the father of creating deepfakes of the girl.
Court: USDC Eastern District of Pennsylvania, Judge: Scott, Filed On: March 14, 2024, Case #: 2:23cv147, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Immunity, Defamation
J. Scott denies in part a hospital’s motion for summary judgment against a nurse who alleged she was unfairly discriminated against because she requested a religious accommodation not to follow its mandatory Covid-19 vaccination policy, and because of her age. There is a dispute of material fact as to whether the nurse’s belief, that the vaccine would alter the image that God made her in, is a sincerely held religious belief.
Court: USDC Eastern District of Pennsylvania, Judge: Scott, Filed On: February 15, 2024, Case #: 2:23cv263, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
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J. Scott grants a lender’s motion to dismiss a funding specialist’s employee’s disability discrimination suit alleging that she was fired after she requested to work from home full-time due to her chronic obstructive pulmonary disease and cancer. The employee failed to show she could perform the essential functions of her job, such as printing checks, while working remotely.
Court: USDC Eastern District of Pennsylvania, Judge: Scott, Filed On: January 23, 2024, Case #: 2:22cv2778, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Retaliation
J. Scott finds that the lower court properly declined to suppress evidence obtained in a traffic stop in defendant's trial for carrying weapons because the vehicle in which plaintiff had been riding as a passenger was observed crossing the center line, and the stop was justifiably extended after the officer smelled marijuana coming from the vehicle. Affirmed.
Court: Iowa Court Of Appeals, Judge: Scott, Filed On: December 20, 2023, Case #: 22-0023, Categories: Drug Offender, Search, Weapons
J. Scott finds that a mother's parental rights were properly terminated since she continued to live with her boyfriend, who used methamphetamine, and allowed her boyfriend to abuse her children. Affirmed.
Court: Iowa Court Of Appeals, Judge: Scott, Filed On: December 6, 2023, Case #: 23-1123, Categories: Family Law
J. Scott finds that defendant was properly convicted of intimidation with a dangerous weapon with intent and other charges based on claims that he attacked his girlfriend. Defendant contends the victim's testimony regarding prior instances of domestic abuse was inadmissible, but her testimony proved motive and intent. Affirmed.
Court: Iowa Court Of Appeals, Judge: Scott, Filed On: November 21, 2023, Case #: 21-1318, Categories: Evidence, Assault, Domestic Violence
J. Scott finds that defendant was properly convicted of possession of a firearm by a felon as a habitual offender and OWI, second offense. Defendant failed a sobriety test during a traffic stop and, while talking to an acquaintance on the phone in front of a police officer, he admitted he had been in possession of a gun. Affirmed.
Court: Iowa Court Of Appeals, Judge: Scott, Filed On: November 8, 2023, Case #: 22-1650, Categories: Evidence, Firearms, Dui
J. Scott finds that defendant was properly sentenced based on his guilty plea to felony eluding in light of the fact that defendant had been convicted of the same crime a year before. Affirmed.
Court: Iowa Court Of Appeals, Judge: Scott, Filed On: October 25, 2023, Case #: 23-0004, Categories: Sentencing
J. Scott finds that defendant was properly convicted of OWI because the traffic stop had been justified by defendant's failure to yield for pedestrians, which led to his arrest. Affirmed.
Court: Iowa Court Of Appeals, Judge: Scott, Filed On: August 30, 2023, Case #: 22-0396, Categories: Search, Dui
J. Scott finds that a mother's parental rights were properly terminated since she had substantial mental health issues and was unable to provide care for her child. Affirmed.
Court: Iowa Court Of Appeals, Judge: Scott, Filed On: July 13, 2023, Case #: 23-0783, Categories: Family Law