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Appellate Division, First Department: March 25, 2024
Publication Date: 2024-03-25
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:March 21, 2024

Starks v. State of Texas
Publication Date: 2024-03-25
Practice Area: Criminal Appeals | Criminal Law | Evidence
Industry:
Court: Court of Appeals
Judge: Justice Williams
Attorneys:
For plaintiff:
For defendant:
Case number: 11-22-00354-CR

Mr. StarksAppellant was observed by a US Postal Service carrier removing mailed packages from a neighbor's porch, taking that the carrier had just delivered.

Georgia Division, Sons of Confederate Veterans v. Downs
Publication Date: 2024-03-25
Practice Area: Administrative Law | Civil Procedure
Industry: State and Local Government
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys:
For plaintiff: Walker Chandler, Peachtree City, for appellant.
For defendant: Timothy Buckley, Taylor Hensel, (Buckley Christopher, PC), Atlanta, Bennett Bryan, Laura Johnson, (DeKalb County Law Department), Decatur, for appellee.
Case number: A22A0663

Court clarifies that organizations do not have standing but individuals plaintiffs do have standing to challenge removal of a Confederate monument, and remands for analysis of sovereign immunity issues

March 22, 2024 | Daily Report Online

Mexican Nationals Allege 'Bait-and-Switch' Scheme That Misled Them Into Manual Labor Job

"Our clients do have considerable experience with their engineering background, and they were targeted and recruited from these universities in Mexico, but the American workers that are working alongside them obviously don't have an engineering degree and oftentimes don't have a college degree," Rachel Berlin Benjamin of Beal Sutherland Berlin & Brown in Atlanta, told the Daily Report.
4 minute read
March 22, 2024 | New Jersey Law Journal

New Federal Independent Contractor Rule Differs From NJ's ABC Test

"The new rule sets forth a non-exhaustive six-factor test to determine whether a worker should be classified as an employee or an independent contractor," write Adam Busler and Lauren Wright of Fox Rothschild.
7 minute read
Appellate Division, Second Department: March 22, 2024
Publication Date: 2024-03-22
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Handdown List released on:March 20, 2024

Whitfield v. City of New York
Publication Date: 2024-03-22
Practice Area: Civil Appeals
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Susan L. Carney
Attorneys:
For plaintiff: For Plaintiff-Appellant: John D. Whitfield, pro se, Brooklyn, NY.
For defendant: For Defendants-Appellees: D. Alan Rosinus, Jr., MacKenzie Fillow, of counsel, for Sylvia O. Hinds-Radix, Corporation Counsel of the City of New York, New York, NY.
Case number: 22-412

District Court Erred in Dismissing Case Against NYC ACS on Res Judicata Grounds

D'Agostino v. Sec'y United States Air Force
Publication Date: 2024-03-22
Practice Area: Labor Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
Attorneys:
For plaintiff:
For defendant:
Case number: 22-2835

Appellant appealed the judgment entered for appellee, his former employer, following a bench trial.

Joseph v. Pepperidge Farm, Inc.
Publication Date: 2024-03-22
Practice Area: Labor Law
Industry: Food and Beverage | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Hodge
Attorneys:
For plaintiff:
For defendant:
Case number: 22-4049

Defendant moved to dismiss plaintiff's Title VII, Age Discrimination in Employment Act and Pennsylvania Human Relations Act complaint asserting race and age discrimination and retaliation and court found plaintiff's title VII claim failed because he did not identify any similarly situated comparators who were treated more favorably or sufficiently allege facts to support an inference of race discrimination, and he failed to show he was replaced by a younger person, but defendant's exhaustion argument as to plaintiff's PHRA claim was m

March 20, 2024 | Law.com

How One Alaska Ruling Could Contribute to Other State Privacy Laws

"I really think 'McKelvey' will prove to be a landmark decision because other courts, not necessarily all of them or the majority of them, will follow it because we're in the modern world here, and courts have to be cognizant of technology and the impact on our rights," the defendant's attorney, Robert John in Fairbanks, Alaska, told Law.com.
6 minute read

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