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Employment

Gill v. Recover-Care Heartland

MEMORANDUM AND ORDER denying 6 Motion to Dismiss or alternatively, for Summary Judgment; denying 31 Motion for Leave to File Supplement to Reply. Signed by District Judge Anthony J. Powell on 09/30/2026. (ado)

2026-09-30 · via GovInfo (US GPO / USCOURTS)

Personal injury

Craig v. Landmark Realty, LLC et al

MEMORANDUM AND ORDER granting 41 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Toby Crouse on 9/30/26. (ta)

2026-09-30 · via GovInfo (US GPO / USCOURTS)

Employment

SPALDING v. HOSPITAL MEDICINE ASSOCIATES, LLC

ORDER granting 32 Motion for Summary Judgment - Mr. Spalding's complaint shall be dismissed with prejudice. A judgment entry to that effect shall enter. (See Order.) Signed by Judge Sarah Evans Barker on 9/30/2026. Copy sent to Plaintiff via US Mail. (CCG)

2026-09-30 · via GovInfo (US GPO / USCOURTS)

Employment

Lattishaw v. District of Columbia

The parents of a student with a learning disability sued the District of Columbia Public Schools to recover attorney’s fees and costs from an administrative IDEA proceeding where a hearing officer found the school had denied their child a free adequate public education. The court decided to grant the motion in part and deny it in part, agreeing with the District that the requested fee amount should be reduced based on a review of the hours expended and the hourly rate.

2026-09-30 · via CourtListener (Free Law Project)

Employment

Bourke v. City of New York

Daniel Bourke sued the City of New York regarding the denial of a disabled veteran's credit, but the Appellate Division affirmed a lower court order to dismiss his complaint for failing to comply with the statute of limitations. The court determined that the plaintiff’s claim accrued on July 16, 2014, when the defendant notified him of his ineligibility, rendering his lawsuit filed in March 2019 untimely by almost five years. Additionally, the court ruled that a request for reconsideration did not toll the limitations period or allow the plaintiff to circumvent the deadline.

2026-09-30 · via CourtListener (Free Law Project)

Employment

Domanic v. Christian Brothers

Evan Domanic sued Christian Brothers Automotive Corporation for racial discrimination under 42 U.S.C. § 1981 after the faith-based business rejected his franchise application because of his Jewish faith. The Fifth Circuit affirmed the district court’s summary judgment, ruling that § 1981 does not cover religious discrimination and finding no evidence the company discriminated based on Jewish ancestry.

2026-09-30 · via CourtListener (Free Law Project)

Employment

Smith v. District of Columbia

Plaintiff Shanice Smith sued the District of Columbia Public Schools and Principal Shelly Gray, alleging violations of the D.C. Sick Leave Act, disability discrimination, retaliation, and hostile work environment. Following a motion to dismiss brought by the Defendants for failure to state a claim, the court ruled that it would grant in part and deny in part the motion, specifically allowing the claim under the D.C. Sick Leave Act to proceed.

2026-09-30 · via CourtListener (Free Law Project)

Estate planning

Succession Of Martha Susan Pack

Taylor and Carlie Wiegand appealed a ruling by the district court granting Paul McClendon’s motion to reconsider his petition to probate his mother’s olographic will. The appellate court dismissed the appeal for lack of jurisdiction, ruling that the trial court improperly designated the interlocutory ruling as final and appealing because a recent amendment to Louisiana procedural law no longer allows for such designation.

2026-09-30 · via CourtListener (Free Law Project)

Estate planning

Nelson v. Nelson

Joanna Nelson appealed a probate court ruling that a "paper contest" exception barred the enforcement of her deceased husband's trust's no contest clause against her father-in-law Ronald Nelson. The appellate court reversed the lower court's judgment and assessment of costs, holding that the common-law "paper contest" exception cannot apply when a trust's no contest clause is subject to enforcement under the statutory scheme.

2026-09-30 · via CourtListener (Free Law Project)

Family & divorce

Jose v. Jose

This case concerns a wife’s attempt to modify her spousal support based on substantial increases to her husband’s military disability pension throughout the years, specifically seeking adjustments for cost-of-living increases. A trial court magistrate denied the motion, ruling that the court lacked jurisdiction to modify the order for COLA specifically and that no evidence had been presented to show a substantial change in circumstances. The 9th District Court of Appeals has reversed the trial court’s decision.

2026-09-30 · via CourtListener (Free Law Project)

Family & divorce

Glazen v. Glazen

After receiving the marital residence in the divorce decree and failing to arrange for its repair or sale, Alan Glazen sought to hold Marta Glazen in contempt, which the trial court denied based on the lack of specific deadlines. The appellate court reversed this decision because a lack of a specific deadline for compliance does not eliminate a duty to act within a reasonable time. The case has been remanded for further proceedings.

2026-09-30 · via CourtListener (Free Law Project)

Family & divorce

Marcano v. Suazo

In this domestic relations case, the Appellate Division affirmed a Family Court order registering and enforcing a Nebraska divorce decree that awarded the father sole legal and physical custody of the parties' child. The court held that the mother failed to demonstrate that the Nebraska court lacked jurisdiction over the child or that she was denied proper notice before the proceedings began. Additionally, the appellate division found that the Family Court providently exercised its discretion in declining to exercise temporary emergency jurisdiction or appoint an attorney for the child.

2026-09-30 · via CourtListener (Free Law Project)

Family & divorce

In re M.R.

Mother M.A.L. appeals the Franklin County Court of Common Pleas' denial of her motion seeking to hold Father J.R. in contempt for failing to comply with the parties' agreed custody judgment. The court of appeals affirms the lower court's ruling in this matter.

2026-09-30 · via CourtListener (Free Law Project)

Criminal defense

State v. Ellington

Kirmarey Ellington appealed the denial of his delayed motion for a new trial, arguing he was unavoidably prevented from discovering evidence of a hearsay declarant. The Ohio Court of Appeals affirmed the lower court, holding that Ellington failed to comply with the mandatory procedure under Crim.R. 33(B) by not first obtaining leave to file the delayed motion.

2026-09-30 · via CourtListener (Free Law Project)

Criminal defense

Terrence D Fleming, Jr. v. State of Indiana

Terrence Fleming was convicted of a Class C misdemeanor for refusing to provide identification while remaining in a city park after its closing hours, and he appealed on the grounds that the evidence failed to prove he knew the park's curfew was an infraction. The Court of Appeals determined that the circumstances of the interaction and statements made at the scene supported a reasonable inference that Fleming possessed that knowledge. Therefore, the court affirmed the judgment of conviction.

2026-09-30 · via CourtListener (Free Law Project)

Criminal defense

Kyle Mason Kerr v. State of Indiana

Kyle Mason Kerr was convicted of seventeen counts of possession of child pornography after probation officers seized his cellphone, which was subsequently searched pursuant to a warrant. Kerr appealed, arguing that the Fourth Amendment waiver he signed as a condition of probation was invalid and that the search exceeded proper scope. The Court of Appeals affirmed the conviction.

2026-09-30 · via CourtListener (Free Law Project)

Criminal defense

State of Louisiana v. De'Andrus Long Jr.

De’Andrus Long, Jr. appealed his manslaughter conviction and 27-year sentence on jurisdictional and constitutional grounds, but the appellate court affirmed the judgment. The court also addressed the defendant’s competency, noting that while he was initially found incompetent by a commission, he was subsequently found competent to proceed after restoration treatment.

2026-09-30 · via CourtListener (Free Law Project)

Criminal defense

State v. Harding

Jeffrey Harding appealed a Wayne County trial court finding him guilty of aggravated trafficking in drugs and denying his motion to suppress. The trial court upheld a warrantless search of Harding's truck based on probable cause established by a drug-sniffing dog's alert to narcotics during a traffic stop initiated for a crosswalk violation. The appellate court affirmed the judgment and conviction against Harding.

2026-09-30 · via CourtListener (Free Law Project)

Personal injury

Rojas v. 1388 Bushwick Ave, LLC

The Appellate Division reversed the property owner’s summary judgment dismissal, finding the lower court erred by not conducting a plenary review of whether the owner raised a triable issue of fact regarding constructive notice of the sidewalk condition. In contrast, the court affirmed the dismissal of the claims against the construction management company, concluding the plaintiff failed to establish a triable issue of fact showing the contractor was negligent or that it assumed an exclusive duty to maintain the sidewalk.

2026-09-30 · via CourtListener (Free Law Project)

Personal injury

Herrera v. Almonte-Hernandez

In this action to recover damages for personal injuries stemming from a June 2019 collision in Queens, the plaintiffs alleged that the Raymour & Flanigan defendants controlled the truck involved. The Appellate Division affirmed the Supreme Court’s denial of the Raymour defendants’ motion for summary judgment, determining that they failed to establish the absence of triable issues of fact regarding the cause of the incident.

2026-09-30 · via CourtListener (Free Law Project)

Personal injury

Almonte v. Raymours Furniture Co., Inc.

In this personal injury action following an alleged truck collision, Anthony Almonte sued Raymours Furniture Company and Jhon Ortiz, who moved for summary judgment to dismiss the complaint but were denied by the lower court. The Appellate Division affirmed that denial, ruling that the moving defendants failed to meet their prima facie burden because their testimony created conflicting inferences regarding the cause of the accident.

2026-09-30 · via CourtListener (Free Law Project)

DUI & DWI

Weber v. State of Florida

Bryan Weber appealed a twelve-year sentence for the exploitation of an elderly person, arguing that the trial court erred by not imposing a downward departure and failing to state its reasons for that decision. The First District Court of Appeal dismissed the appeal, holding that the trial court was not required to state its reasons for rejecting a departure because a defendant does not have a right to a specific sentence within an authorized range.

2026-09-30 · via CourtListener (Free Law Project)

DUI & DWI

Rhonda Charmane Jewell v. State of Florida

Rhonda Jewell, a Florida nanny, appealed her convictions for third-degree felony murder and leaving a child unattended after a baby died of hyperthermia. The court ruled that the statute for leaving a child unattended requires proof that the defendant *knew* the child was left in the vehicle, rather than merely proving that the child was left for more than a certain period, and therefore reversed both convictions. The court also affirmed the trial court's decision regarding the use of a six-person jury.

2026-09-30 · via CourtListener (Free Law Project)

DUI & DWI

People v. Duncan

Darius Duncan appealed his convictions for first degree murder, attempted murder, and unlawful use of a weapon by a felon nearly two decades after his sentencing, arguing ineffective assistance of counsel, a void prior conviction, and a due process violation regarding the delay in filing his appeal. The appellate court affirmed the circuit court's judgment.

2026-09-30 · via CourtListener (Free Law Project)

DUI & DWI

In re J.M.

Respondent L.M. appeals the circuit court's finding that her daughter, a member of the Native Village of Kluti-Kaah, was neglected and abused, arguing the State failed to meet the clear and convincing evidence requirement under the Indian Child Welfare Act (ICWA). She also asserts that DCFS did not make active efforts to prevent the breakup of the native family, a finding she claims is against the manifest weight of the evidence. Regarding her son J.M., she has waived challenges to the adjudication but requested the appellate court reinterpret the situation as a voluntary placement, though the provided text terminates before the appellate court issues a decision on these ICWA-related issues.

2026-09-30 · via CourtListener (Free Law Project)

Estate planning

In re: Petition for the Coordination of Individual Maui Fire Cases

The Hawaii Supreme Court affirmed the circuit court’s authority to enter an order managing attorney fees for the Maui wildfire settlement but vacated three specific provisions that barred review of fee rulings or penalized lawyers who appealed. The court struck the anti-appeal clauses while leaving the tiered fee schedule and the creation of a $222 million common benefit fund intact.

2026-09-30 · via CourtListener (Free Law Project)

Family & divorce

Martha Carey v. Jared Spivey

Martha Carey and Jared Spivey are parents whose trial court awarded temporary custody of their children to Spivey and restricted Carey’s visitation under a protective order. The Court of Appeals ruled that because the order involves custody rulings, the case is subject to direct appeal and granted Carey’s application for review. The court also directed the clerk to transmit the order to the appellate court.

2026-09-30 · via CourtListener (Free Law Project)

Employment

Hussey v. Green Thumb Industries, Inc.

MEMORANDUM AND ORDER: For these reasons, Defendant's Motion to Dismiss, ECF No. 6 is conditionally DENIED. Ms. Hussey is given leave to amend her Complaint within 30 days, up to and including October 30, 2026. So Ordered by District Judge Melissa R. DuBose on 9/29/2026. (Urizandi, Nissheneyra)

2026-09-29 · via GovInfo (US GPO / USCOURTS)

Personal injury

C.R. v. WAL-MART #2252 et al

MEMORANDUM OPINION. SIGNED BY DISTRICT JUDGE CATHERINE HENRY ON 9/29/26. 9/29/26 ENTERED AND COPIES E-MAILED.(mas)

2026-09-29 · via GovInfo (US GPO / USCOURTS)

Personal injury

Luger et al v. United States of America et al

ORDER by Magistrate Judge Clare R. Hochhalter granting 13 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction; finding as moot 26 Motion for Hearing. (GW)

2026-09-29 · via GovInfo (US GPO / USCOURTS)

Employment

New Mexico State Investment Council v. Bank of America Corporation et al

MEMORANDUM OPINION AND ORDER by Chief District Judge Kenneth J. Gonzales granting in part and denying in part 256 Opposed Motion for Judgment on the Pleadings. (tah)

2026-09-29 · via GovInfo (US GPO / USCOURTS)

Employment

Alabi v. Rollins

MEMORANDUM OPINION AND ORDER by Magistrate Judge Gregory J. Fouratt granting 90 Defendant's Motion for Summary Judgment and denying 93 Plaintiff's Motion for Summary Judgment. (vvv)

2026-09-29 · via GovInfo (US GPO / USCOURTS)

Personal injury

Wright v. Felher Transportation, Inc. et al

MEMORANDUM OPINION AND ORDER by Magistrate Judge Jerry H. Ritter granting in part and denying in part 13 Defendant Felher Transportation, Inc.'s Motion to Dismiss for Failure to State a Claim. No later than Tuesday, October 20, 2026, Plaintiff may file a motion for leave to amend her complaint to plausibly assert one or more direct negligence claims against Defendant Felher. (kmt)

2026-09-29 · via GovInfo (US GPO / USCOURTS)

Family & divorce

SONG v. ZHANG

MEMORANDUM OPINION AND ORDER Denying 85 Motion to Dismiss; ORDERED that the parties shall meet and confer and submit a joint proposed amended scheduling order by October 15, 2026; ORDERED that the Clerk shall administratively close this matter pending the entry of an Amended Scheduling Order. Signed by Magistrate Judge Rukhsanah L. Singh on 9/29/2026. (dmr)

2026-09-29 · via GovInfo (US GPO / USCOURTS)

Criminal defense

HESTER v. GIBSON et al

OPINION. Signed by Chief Judge Renee Marie Bumb on 9/29/2026. (grm)

2026-09-29 · via GovInfo (US GPO / USCOURTS)

Employment

Harrington v. President and Fellows of Harvard College (Harvard Corporation) et al

Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. For the foregoing reasons, Defendants' motion to dismiss, [ECF No. 28], is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to all of the claims against Mejia and the aiding and abetting claim against Clay, which are hereby DISMISSED. The motion is otherwise DENIED.SO ORDERED. (CAM)

2026-09-29 · via GovInfo (US GPO / USCOURTS)

Family & divorce

Shen et al v. Patella et al

Judge Mark G. Mastroianni: ORDER entered. MEMORANDUM AND ORDER. Defendant's motions to dismiss (Dkt. Nos. 25, 30, 55) are GRANTED for lack of subject matter jurisdiction under the Rooker-Feldman doctrine and Defendants Bierwas and Miller's special motion to dismiss (Dkt. No. 27) is DENIED as MOOT. See attached memorandum and order for complete details.(TRL)

2026-09-29 · via GovInfo (US GPO / USCOURTS)

DUI & DWI

Equal Employment Opportunity Commission v. Gypsum Express, LTD.

MEMORANDUM OPINION & ORDER: 1. The EEOCs Motion for Partial Summary Judgment, Dkt. 131, is GRANTED in part, and DENIED in part;2. Gypsums Motion for Summary Judgment, Dkt. 135, is DENIED;3. The EEOCs Motion for Leave to File a Surreply, Dkt. 166, is DENIED. Signed by District Judge S. Chad Meredith on 9/29/26.(MJY)cc: COR (Main Document 198 replaced on 9/29/2026) (CBD).

2026-09-29 · via GovInfo (US GPO / USCOURTS)

Estate planning

LeaderOne Financial Corporation v. Robnett et al

MEMORANDUM AND ORDER granting 52 Motion to Substitute Party. Signed by Magistrate Judge Brooks G. Severson on 09/29/2026. (ado)

2026-09-29 · via GovInfo (US GPO / USCOURTS)

Personal injury

WHITE v. DECKER et al

FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND RULING FOLLOWING BENCH TRIAL - The Court finds that the United States was not negligent in placing White and Decker together in the CMU general population prior to the assault by Decker. The United States is entitled to judgment on this FTCA negligence claim. Because White has failed to establish by a preponderance of the evidence that he was subjected to negligence, the Court need not consider the issue of damages on this claim. Judgment consistent with this Order shall now issue. SEE ORDER. Signed by District Judge Tanya Walton Pratt on 9/29/2026. Copy to distribution list. (AMT)

2026-09-29 · via GovInfo (US GPO / USCOURTS)

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