173 results for 'filedAt:"2023-06-08"'.
J. Chutkan finds for the capitol police on a former officer's disability, age and race discrimination action. The officer failed to show she was disabled, or that the department's legitimate reason for firing her was pretextual.
Court: USDC District of Columbia, Judge: Chutkan, Filed On: June 8, 2023, Case #: 1:16cv1209, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Rambin finds that the trial court properly terminated the mother's parental rights to her child based on sufficient evidence to support the statutory ground for endangering conduct and the best interest finding. The mother tested positive for illegal drugs at the child's birth, failed to submit to random drug tests, did not complete the required counseling, lacked stable housing and did not have an adequate income to support the child. Affirmed.
Court: Texas Courts of Appeals, Judge: Rambin, Filed On: June 8, 2023, Case #: 06-22-00091-CV, Categories: Evidence, Family Law
J. Kelly finds the lower court improperly granted a city’s plea to the jurisdiction in this matter of negligence. A worker was struck and injured by a golf ball while she worked at a restaurant located on a golf course owned by the city. The worker sued the city for negligence. The lower court granted the city’s plea to the jurisdiction on grounds that it had governmental immunity, but the instant court finds the city did not conclusively prove their claims were barred by sovereign immunity, and the worker is entitled to replead. The matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: June 8, 2023, Case #: 01-22-00452-CV, Categories: Government, Immunity, Negligence
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J. Roberts finds that the district court properly ruled that redistricting plans adopted by Alabama violate the voting rights act by discriminating against Black voters and holds that the state must redraw the maps prior to the next election. Affirmed.
Court: US Supreme Court, Judge: Roberts, Filed On: June 8, 2023, Case #: 21-1086, Categories: Civil Rights, Elections
J. Sotomayor finds that the trial court improperly convicted defendant of identity theft as part of an alleged scheme to overbill Medicaid for psychological testing because using the patient's name on the billing form did not constitute identity theft. Reversed.
Court: US Supreme Court, Judge: Sotomayor, Filed On: June 8, 2023, Case #: 22-10, Categories: Fraud, Identity Theft
J. Armstead reverses the lower court’s order granting the two public school teachers’ preliminary injunction keeping the governor from authorizing the West Virginia Professional Charter School Board from creating any public charter schools without a majority vote of the citizens in the county or counties where the school would be located. The court finds the teachers lack standing to seek the injunction since the governor does not have the ability to authorize charter schools. Reversed and remanded.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead , Filed On: June 8, 2023, Case #: 22-0070, Categories: Education, Government, Injunction
J. Reynolds Fitzgerald finds that the lower court properly found for an insurance company in claims contending it lost clients when two agents left to start their own firm because the employment contracts contained nonsolicitation clauses, and the employer had a valid interest in protecting business that had been developed over the years. The court properly held that questions of fact remained as to whether liquidated damages constituted a legitimate estimate of lost business or represented an unenforceable penalty. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: June 8, 2023, Case #: 534011, Categories: Employment, Trade Secrets, Contract
J. Bradford finds that the trial court improperly ruled in claims brought after the pharmacy board revoked plaintiff's expired license. Any violation of plaintiff's rights occurred before he prevailed on judicial review, and thus plaintiff had been granted relief. The original ruling remains unaffected since judgment had already been entered for the board.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: June 8, 2023, Case #: 22A-PL-1811, Categories: Civil Procedure, Licensing
[Modified.] J. Banke modifies an opinion and denies a rehearing with no change in judgment. A human services agency did not present sufficient evidence that a father had lied about his sobriety for the trial court to find that he posed a risk of serious physical risk to his child. The trial court's removal order was error, as no evidence showed that other reasonable means besides removal from the non-custodial father were available to protect the child from the mother's addictions. Reversed.
Court: California Courts Of Appeal, Judge: Banke, Filed On: June 8, 2023, Case #: A166150, Categories: Family Law
J. Lorello finds that the district court properly held that the magistrate court erred in dismissing a citation for harboring an "at-risk dog." The dog's owner is liable for possessing a dangerous dog even without a prior court order. The only requirement for liability is to own, possess or harbor a dangerous or at-risk dog, and there is no dispute that defendant knew her dog met the requirement since she had had several contacts with police based on accusations that her dog had attacked a woman and another dog. Affirmed.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: June 8, 2023, Case #: 49878, Categories: Negligence
[Consolidated.] J. Pritzker finds that the lower court properly granted a mother's request to relocate out-of-state with her two children. The noncustodial father contends moving would deprive him of meaningful contact with the children, but they had been awarded orders of protection based on the father's neglect, which he could resolve only by seeking and completing specified services. However, assurances should be made that he may communicate weekly after the children move. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: June 8, 2023, Case #: 533998, Categories: Family Law
Per curiam, the Twelfth District finds the district court properly revoked the defendant convicted for aggravated assault with a deadly weapon’s community supervision, sentencing him to 10 years in prison. Police body cam footage showed defendant leaving the scene in his vehicle and driving away at a high rate of speed after the sheriff’s deputy knocked on his window during a response to a report of harassment. He was later found hiding on the floorboard of his backseat in possession of drugs. Defendant violated the terms of his community supervision by evading arrest and possessing meth and marijuana. Counsel's motion for leave to withdraw is granted. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: June 8, 2023, Case #: 12-22-00231-CR, Categories: Drug Offender, Assault, Escape
J. Sabraw dismisses the putative father's lawsuit accusing the laboratory of generating a false test result that found he was the biological father of the child in a paternity suit. The paternity test was conducted pursuant to a court order, so the claims are barred by the litigation privilege. Furthermore, California law provides no private right of action permitting the putative father to bring claims for damages for violations of the Family Code.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: June 8, 2023, Case #: 3:22cv1213, NOS: Other Fraud - Torts - Personal Property, Categories: Family Law, Fraud, Privilege
J. Bade finds that the district court properly dismissed a claim for lack of jurisdiction in which two defendants filed habeas corpus petitions claiming that their incarceration during the Covid-19 pandemic violated the Eighth Amendment and sought release from custody. The petitions were not proper petitions for habeas relief and the court was not required to convert those habeas petitions into civil rights actions. Affirmed.
Court: 9th Circuit, Judge: Bade, Filed On: June 8, 2023, Case #: 21-55175, Categories: Constitution, Habeas, Civil Rights
J. Keough finds the lower court properly granted the heating and air conditioning company's motion for summary judgment in a contract case regarding an allegedly faulty HVAC system in a landlord's commercial building. Unopposed evidence in the record indicates it fulfilled its contractual duties when it installed the HVAC system at the property and subsequent breakdowns were entirely the fault of the property owner and tenant, both of whom failed to maintain the system as required by the parties' agreement. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: June 8, 2023, Case #: 2023-Ohio-1886, Categories: Warranty, Contract
J. Hutchison affirms the lower court’s order denying a Raleigh County couple’s motion to intervene in an abuse and neglect proceeding to adopt their niece, who was removed from her mother’s care after the mom tested positive for heroin. The judge committed no error in determining though the blood kin are suitable parents, the child’s best interests are served by her permanent placement with “fictive kin” — an adult 21 or older who is not a relative, but “who has an established, substantial relationship with the child.” Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: June 8, 2023, Case #: 22-0365, Categories: Family Law, Government, Juvenile Law
J. Byrne finds the trial court properly ruled against a father by appointing his former wife as the managing conservator of their children. Based on evidence that the father engaged in abusive behavior against the mother, it can be concluded that limitations are in the best interests of the children. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: June 8, 2023, Case #: 03-22-00329-CV, Categories: Family Law
J. Neeley finds the trial court properly convicted defendant for possession of a controlled substance, applying enhancements for his previous convictions for murder, forgery and robbery, and sentencing him to life in prison. Though defendant says that the omission of the jury’s finding of “true” as to one of the enhancements on the judgment of conviction voids the sentence, the omission is unrelated to the court’s reasoning, and the record provides the necessary proof of the jury’s findings. The judgment of conviction is corrected. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: June 8, 2023, Case #: 12-22-00269-CR, Categories: Drug Offender, Sentencing
J. Drain grants an employee an extension to file an expert witness list after she claimed an employment agency rejected her applications for certain advertised positions based on sex, race, and age. The motion went unopposed since the agency did not file a response.
Court: USDC Eastern District of Michigan, Judge: Drain, Filed On: June 8, 2023, Case #: 2:22cv12532, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Experts, Employment Discrimination
J. Wesley finds that the district court properly convicted defendant based on his conditional guilty plea to possessing drugs with intent to distribute. Defendant contends a hearing should have been held on the validity of the warrant to search his residence since the warrant relied on a police affidavit containing knowingly false statements, but he offered little proof that police deliberately disregarded the truth. Affirmed.
Court: 2nd Circuit, Judge: Wesley, Filed On: June 8, 2023, Case #: 21-708-cr, Categories: Drug Offender, Search