191 results for 'filedAt:"2023-07-28"'.
[Consolidated.] J. Henderson denies a solar generation facilities developer's petitions for review of the Federal Energy Regulatory Commission's approval of a transmission service agreement that will apply transmission system upgrade costs to one public utility that will then pass through the charges to the developer. The commission's decision that the costs should be applied to the sole benefitting customer rather than spread among all customers is supported by substantial evidence.
Court: DC Circuit, Judge: Henderson, Filed On: July 28, 2023, Case #: 22-1108 , Categories: Administrative Law, Energy
J. Millett reverses the district court's decision to overturn an administrative law judge's determination an individual was ineligible for supplemental security income due to a disability per new rules adopted by the Social Security Administration. Contrary to the district court's finding, the rules were not retroactively applied. However, the administrative law judge improperly analyzed proof from the individual's doctor; therefore, the case must be remanded. Reversed.
Court: DC Circuit, Judge: Millett, Filed On: July 28, 2023, Case #: 22-5050 , Categories: Administrative Law, Social Security
J. Docherty grants the disability benefit claimant's motion to compel the disability insurer to produce privilege log documents, but denies his motion to conduct additional discovery. The claimant has not demonstrated that additional discovery is necessary for adequate review of his claims, but the privilege log documents fall under the fiduciary exception to attorney-client privilege since they are communications between a fiduciary and an attorney, and there was not sufficient threat of imminent litigation at the time they were sent to invoke a liability exception to that exception.
Court: USDC Minnesota, Judge: Docherty, Filed On: July 28, 2023, Case #: 0:23cv563, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Discovery, Privilege
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Per curiam, the appellate division finds the trial court properly ruled in partially favor of the state insurance board in the complaint, which sought to recoup the accumulated deficit of a trust. The summons with notice was defective because it did not sufficiently state the nature of the action, and there is no indication state lawmakers intended to limit the evaluation of a deficit of a group self-insurance trust. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 21-00432, Categories: Insurance
Per curiam, the court of appeals denies the chief disciplinary counsel's motion to dismiss for improper joinder because its participation in and prosecution of the disciplinary hearings below render it a proper party to this action. Meanwhile, because attorney Norman Pattis failed to timely serve the trial court judge who suspended him from the practice of law for six months, her motion to dismiss is granted.
Court: Connecticut Court Of Appeals, Judge: Per curiam, Filed On: July 28, 2023, Case #: AC46194, Categories: Civil Procedure, Judiciary, Attorney Discipline
Per curiam, the appellate division finds the trial court improperly ruled in favor of the hauling company, which alleges the power plant wrongfully terminated the contract. The hauling company failed to establish the necessity of a receiver to conserve the property. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 22-01588, Categories: Contract
J. Albregts grants the synthetic urine laboratory’s motion to compel production of the investment group’s synthetic urine ingredients in this patent infringement suit. The investment group did not previously list its ingredients as specifically as possible and did not list every step in the manufacturing process. The discovery request is relevant and proportional, not unduly burdensome or duplicative of information already provided.
Court: USDC Nevada, Judge: Albregts, Filed On: July 28, 2023, Case #: 2:22cv158, NOS: Patent - Property Rights, Categories: Patent, Discovery, Technology
J. Chasanow partially grants a group of Chesapeake Bay restaurants and hotels its motion for summary judgment against State Farm and denies State Farm's cross-motion for summary judgment. A fire occurred that damaged one of the group member's building, then another member negotiated a shrink-wrap of the burned building during wedding season and a subsequent demolition and reconstruction of the burned property. The insurance company agreed to cover the costs of said actions, but it contests that coverage should've begun after the shrink-wrap. However, the contract includes the wrap, so State Farm is in violation of the contract.
Court: USDC Maryland, Judge: Chasanow, Filed On: July 28, 2023, Case #: 8:20cv3388, NOS: Insurance - Contract, Categories: Insurance, Property
J. Sippel partially grants the insurer's request for a declaratory judgment stating that it was not required to cover fire damage at a property covered by its home insurance policy. After the fire, the insurer discovered no one lived at the property, no utilities were turned on, and it had been acquired at a tax sale, contrary to the home owner's representations in his application. This misrepresentation was material because the insurer would have at least charged a different premium had it known the property was purchased at an auction.
Court: USDC Eastern District of Missouri, Judge: Sipple, Filed On: July 28, 2023, Case #: 4:22cv895, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Gordon grants North Las Vegas’s motion for summary judgment in part in this race discrimination suit brought by a Black police officer. He claims he was transferred from his job in recruiting and denied subsequent promotions because he is Black, though he offers only conclusory statements that non-Black officers received preferential treatment with respect to the same. Events surrounding his removal from a 19-year honor guard service, including the effect of an excused leave, could lead a reasonable jury to find that the city’s proffered reasons for removal are pretextual.
Court: USDC Nevada, Judge: Gordon, Filed On: July 28, 2023, Case #: 2:21cv1505, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment Discrimination
J. Grimes finds the trial court improperly entered a default judgment of over $700,000 against the bottled water company for breach of contract, fraud and conversion, issuing a writ of execution to obtain it from the company's bank account. The company's chief legal officer admits that when he learned a summons and complaint had been filed, that he did not know if or how service had been completed and did not inquire or take any action. The company filed a motion to set aside and vacate the judgment, and the trial court denied the motion, giving no reason. The mandatory provision requires the court to vacate a default judgment if the application is timely and properly filed. The motion to vacate was timely and proper, and the default was not caused by the attorney's neglect. Reversed.
Court: California Courts Of Appeal, Judge: Grimes , Filed On: July 28, 2023, Case #: B314900, Categories: Due Process, Contract
J. Hendrix refuses to transfer the state’s constitutional challenge to a federal law it says will force it to pay for social services for illegal immigrants and face increased employment-related litigation, ruling the government, which does not claim bias, cannot have the case transferred just because Texas “sues too often” in certain districts.
Court: USDC Northern District of Texas , Judge: Hendrix, Filed On: July 28, 2023, Case #: 5:23cv34, NOS: Other Statutory Actions - Other Suits, Categories: Constitution, Venue
Per curiam, the appellate division finds the trial court improperly dismissed the claims against the pet products company regarding the employee's allegations that she had her right hand amputated while cleaning a machine. The company owned the facility where the accident occurred and failed to include safety devices on the machine. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 22-01705, Categories: Negligence
Per curiam, the appellate division finds the trial court properly convicted defendant of second-degree rape, predatory sexual assault against a child and other charges. Photographs showed defendant had control over the victim's food intake and comforts, which delayed her disclosure of the abuse, and the witness testified her statements were made voluntarily. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: KA 22-00334, Categories: Sex Offender
J. Triana finds that the district court properly ruled in a forfeiture suit filed by the state against a resident. The state seized over $1,000 and drugs from the resident during a traffic stop. The resident failed to respond to the state’s notice of forfeiture, thus admitting to the facts presented by the state by default. He is, therefore, precluded from challenging the evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: July 28, 2023, Case #: 03-22-00011-CV, Categories: Government, Forfeiture
J. Seeley finds the lower court erroneously determined the issue of arbitrability on its own in a slip and fall case. While there may have been ambiguity in the parties' arbitration agreement as to whether normal negligence claims, such as the park patron's slip and fall lawsuit, were arbitrable, the agreement expressly left the issue of arbitrability up to the arbitrator. Reversed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: July 28, 2023, Case #: AC45127, Categories: Arbitration, Negligence
J. Quattlebaum finds the Board properly determined that the termination of asylum status bars the Albanian from applying for adjustment of status. The Albanian applied for the status of lawful permanent resident after removal proceedings began following his conviction for bank fraud and identity theft. Affirm.
Court: 4th Circuit, Judge: Quattlebaum , Filed On: July 28, 2023, Case #: 23-1322, Categories: Fraud, Immigration
J. Southwick finds the district court properly affirmed the magistrate judge's conviction of defendant for aiding and abetting hunting over a baited area, violating the Migratory Bird Treaty Act. Defendant was found to be seeding his property and stated the purpose was to attract deer. When asked why he had not covered the seed defendant admitted that he hoped doves would land on his artificial power line and “get a bite of wheat.” Defendant illegally baited his field and attempted to craft an after-the-fact argument for why this should fit within the realm of normal agricultural operations. Affirmed.
Court: 5th Circuit, Judge: Southwick , Filed On: July 28, 2023, Case #: 22-30357, Categories: Environment, Property
Per curiam, the appellate division finds the trial court improperly convicted defendant of aggravated harassment and family offense. While the victim testified she was bitten on the arm by defendant, she sustained only a bruise without broken skin and there was no evidence of significant pain. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: KA 21-00198, Categories: Burglary, Theft, Harassment
Per curiam, the appellate division finds the trial court improperly dismissed the labor law causes of the complaint, which alleges the employee fell while installing roof trusses on the building. The employee testified he did not receive specific training on how to use the harness or lanyard, which raises triable issues of fact as to whether there was an adequate safety device available. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 22-00014, Categories: Negligence