201 results for 'filedAt:"2023-06-15"'.
[Consolidated.] J. Gustafson finds for the commissioner of internal revenue in this tax liability dispute because plaintiff failed to satisfy appraisal requirements to support a conservation easement charitable deduction.
Court: U.S. Tax Court, Judge: Gustafson, Filed On: June 15, 2023, Case #: 2023-73, Categories: Tax
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J. Alito finds that the court of appeal properly vacated defendant's conviction for theft of trade secrets on grounds of improper venue and properly determined double jeopardy did not occur in re-prosecuting defendant. Affirmed.
Court: US Supreme Court, Judge: Alito, Filed On: June 15, 2023, Case #: 21-1576, Categories: Theft, Double Jeopardy
J. Loken finds a lower court properly convicted a defendant for conspiracy to distribute heroin and 50 to 500 grams of meth. The defendant argued that his 120 month prison sentence and four years of supervised release is unreasonable, and that the lower court erred in varying upward. However, the government sufficiently showed in court that the defendant conspired with two other associates to send and accept meth via U.S. postal service's priority mail. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: June 15, 2023, Case #: 20-2002, Categories: Drug Offender, Sentencing, Conspiracy
J. Brnovich grants the director of the Arizona Department of Transportation's motion to dismiss a civilian's claims that he lost job opportunities after it imposed a restitution lien on his vehicle. The department of transportation sufficiently showed in court that the civilian failed to serve the director in person.
Court: USDC Arizona, Judge: Brnovich, Filed On: June 15, 2023, Case #: 2:23cv303, NOS: Other Civil Rights - Civil Rights, Categories: Government, Vehicle
J. Ruiz upholds the termination of two district employees due to a reduction in force. The workers fail to show the terminations were pretextual, or that the basis for the reduction in force was a sham.
Court: DC Court of Appeals, Judge: Ruiz, Filed On: June 15, 2023, Case #: 17-CV-1123 , Categories: Employment
J. Blackburne-Rigsby upholds the denial of a modification to workers' compensation order, in which the maintenance mechanic was found not to have a mental condition related to a work incident. The worker failed to offer nothing more than "generic and conclusory proffers regarding his modification claim." Affirmed.
Court: DC Court of Appeals, Judge: Blackburne-Rigsby, Filed On: June 15, 2023, Case #: 21-AA-0652 , Categories: Workers' Compensation
J. Bunn reverses the lower court's April 9, 2021, order affirming the West Virginia Division of Motor Vehicle's Office of Administrative Hearing's order revoking the Charleston man's driver's license for driving under the influence of a controlled substance. In addition to a negative blood test, the court finds OAH could not establish by a preponderance of the evidence the man was under the influence of any drugs when a Charleston police officer in the early morning of April 13, 2019, detained the man after observing him exiting his car that was parked diagonally across several spaces and while it was running, and then enter a convenience store and leave without making a purchase. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: June 15, 2023, Case #: 21-0371, Categories: Government, Transportation, Vehicle
J. Gallagher finds the trial court properly denied defendant's motion for a jury instruction on self-defense during his murder trial, as he was entirely at fault for creating the situation that led to the shooting. Defendant incessantly called and texted his ex-girlfriend for hours before showing up to her house with a loaded gun, then repeatedly told her and the victim to come outside, and shot the victim in the back as he ran away. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: June 15, 2023, Case #: 2023-Ohio-1970, Categories: Murder, Self Defense, Jury Instructions
J. Dries finds largely against an individual suing his friend, the friend's girlfriend and the company that owns the rural farm property they rent where, on July 4, 2020, the individual was hit in the face with commercial-grade fireworks they were lighting off, sustaining injuries which ultimately cost him his right eye. The girlfriend and the company are granted summary judgment on the individual's strict liability and negligence claims, as his own negligence and willing participation in what is not an "abnormally dangerous activity" as defined in Wisconsin law outweighs any liability they may have. The only claim to move forward is a negligence claim against the friend, who purchased the fireworks and lit the one that hit the individual in the face.
Court: USDC Eastern District of Wisconsin, Judge: Dries, Filed On: June 15, 2023, Case #: 2:21cv1182, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence
J. Pena finds that the lower court properly entered judgment in favor of the co-trustees awarding more than $29 million in "profit disgorgement" in this lawsuit asserting claims for breach of trust and unjust enrichment. The evidence sufficiently shows that one of the co-trustees, the father, "intended to create an express trust and that he transferred the trust property" as trustee. Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: June 15, 2023, Case #: 13-22-00029-CV, Categories: Evidence, Trusts, Damages
J. Graber finds that the district court improperly upheld an administrative law judge's denial of an individual's application for disability benefits under the Social Security Act. The ALJ materially mischaracterized the individual's functional capacity when posing a question to a vocational expert. Reversed.
Court: 9th Circuit, Judge: Graber, Filed On: June 15, 2023, Case #: 22-55504, Categories: Social Security, Experts
J. Tijerina finds that the lower court properly denied the department's plea to the jurisdiction in this lawsuit involving personal injuries allegedly caused by an under-the-seat heater on a prison bus. The individual plaintiff, who was being transported on the bus, sufficiently argues that he was burned after guards refused to reduce the heat. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: June 15, 2023, Case #: 13-21-00246-CV, Categories: Transportation, Negligence, Jurisdiction
J. Nickell finds that the insurer may have improperly denied uninsured motorist benefits to plaintiff following a collision because the expert witness's lack of appropriate medical credentials should have prohibited him from testifying regarding plaintiff's injury. Reversed in part.
Court: Kentucky Supreme Court, Judge: Nickell, Filed On: June 15, 2023, Case #: 2021-SC-0281-DG, Categories: Insurance, Experts
J. Duffin partially finds in favor of the foodstuffs packaging company in a lawsuit it brought against the cookie dough company over nonpayment for packaging products it provided. The packaging company's motion for judgment as a matter of law is granted in that the individual guarantors are found to have breached a personal guaranty to pay for product they received and are liable to pay $132,000 for goods delivered between March and May of 2019, and the packaging company is also granted judgment as a matter of law as to the guarantors' misrepresentation claims under Wisconsin law.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: June 15, 2023, Case #: 2:20cv499, NOS: Other Contract - Contract, Categories: Tort, Contract
J. Bell finds the district court improperly denied the news website owner’s petition for a writ of mandamus compelling the police department to disclose a report as to its investigation of its sweep of a homeless encampment. An affidavit provided by the police department asserts conclusions as to the potential effect of disclosing the full report but doesn’t explain why the records are confidential. Officers’ faces may remain redacted from video footage as the relevant statute provides that “any photograph of a peace officer … [is] not public information.” Affirmed in part. Reversed in part and remanded.
Court: Nevada Supreme Court, Judge: Bell, Filed On: June 15, 2023, Case #: 84389, Categories: Public Record, Police Misconduct
J. Fletcher finds that the district court properly denied preliminary injunctive relief to companies engaged in consumer debt collection in their action challenging Nevada Senate Bill 248 (SB 248), which requires debt collectors to provide written notification to debtors 60 days before taking any action to collect a medical debt. The companies alleged that S.B. 248 is unconstitutionally vague. The companies did not show a likelihood of success on the merits. Affirmed.
Court: 9th Circuit, Judge: Fletcher, Filed On: June 15, 2023, Case #: 22-15352, Categories: Constitution, Debt Collection
J. Hutchison partially grants the Randolph County Board of Education and its superintendent’s writ prohibiting enforcement of a lower court’s order denying the board’s motion to dismiss a former elementary school cook’s wrongful termination and retaliatory discharge suit on the jurisdiction and failure to state a claim grounds. The court grants the writ on the cook’s claims brought under the West Virginia Human Rights Act, since she has failed to establish a prima facie case she is a member of protected class, a prerequisite to by-pass the grievance process. Finding she has pled sufficient facts in her amended complaint, the court denies the writ on her whistleblower and First Amendment retaliation claims. Writ granted in part and denied in part.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: June 15, 2023, Case #: 22-0480, Categories: Education, Employment, Whistleblowers
J. Golemon finds the trial court properly terminated both parents’ rights to their minor child. The family agency filed a petition for conservatorship due the mother’s neglectful supervision and assault conviction, also alleging that she was using pills, cocaine, or meth. The father’s supervision was also found to be neglectful, stemming from mental health issues including threats of suicide and intoxication. All evidence supports the best interest finding. As for the parent’s challenge of the department’s appointment as conservator, the evidence shows that the parents’ appointment “is not in the child’s best interest because [it] would significantly impair the child’s physical health or emotional development.” Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: June 15, 2023, Case #: 09-23-00002-CV, Categories: Family Law, Guardianship
J. Sweet grants the USACE's motion for summary judgment in this appeal arising from damages and delays caused by the contractor's dredger striking a submerged natural gas pipeline in the Gulf Intracoastal Waterway, causing an explosion and allegedly delaying completion. The USACE imposed liquidated damages and the contractor submitted a claim seeking a time extension and remission of the damages due to the purported excusable delays of defective specifications, differing site conditions and a breach of the duty of good faith and fair dealing. There is no genuine issue of material fact suggesting that the USACE knew that the pipeline was inadequately buried at the time of the solicitation and contract award.
Court: Armed Services Board Of Contract Appeals, Judge: Sweet , Filed On: June 15, 2023, Case #: 62779, Categories: Government, Military, Contract