152 results for 'filedAt:"2023-08-15"'.
J. Holland grants an insurance company's motion to exclude expert opinions in an policy coverage dispute. The insured alleges its building suffered damage due to snow load. The insurance company paid only a portion of the claim, alleging that the estimate included upgrades that are not required by ordinance or law. The insured failed to disclose the experts by the expert witness deadline, and did not move to amend its witness list to add them, therefore their opinions are excluded. Allowing the insured to add expert witnesses at this point would delay the final stages of litigation.
Court: USDC Alaska, Judge: Holland, Filed On: August 15, 2023, Case #: 4:20cv23, NOS: Insurance - Contract, Categories: Insurance, Experts
J. Spain finds that the trial court improperly entered an order that awarded the mother attorney fees in a child possession case. The trial court moved forward with the hearing despite the father's vision impairment and the fact he "could not properly see or understand the exhibits and documents." As a result, the father's due process rights were violated. Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 15, 2023, Case #: 14-21-00288-CV, Categories: Family Law, Due Process, Habeas
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J. Kelly finds a lower court improperly dismissed an inmate's civil rights claims. The County Sheriff argued that the defendant obtained adequate medical care while in detention. However, the defendant presented sufficient evidence in court that the department failed to provide him with reasonable access to a toilet and a bed, which may have been provided to non- disabled inmates. Reversed in part.
Court: 8th Circuit, Judge: Kelly, Filed On: August 15, 2023, Case #: 22-2582, Categories: Civil Rights, Health Care
J. Kobes finds a lower court properly ruled in favor of a family on claims that a school district did not meet it's child's needs. The school district argued that it provided the child with appropriate education services. However, the parents may be entitled to tuition reimbursement based on the school district's violations of the Individuals with Disabilities Act, which obligated it to provide a free appropriate public education on the child's behalf. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 15, 2023, Case #: 22-3658, Categories: Ada / Rehabilitation Act, Education, Damages
J. Nunley refuses to find for an insurer on several individuals’ claims arising from a UIM coverage dispute. There are genuine issues of fact regarding their claims for punitive damages, bad faith, breach of contract and elder abuse.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: August 15, 2023, Case #: 2:21cv2215, NOS: Insurance - Contract, Categories: Insurance, Tort, Contract
J. Moore finds the trial court improperly denied the trustee of the family trust’s motion for a new trial in this dispute among the four living children with respect to various agreements and interests in the family farm. To the extent the award of attorney fees included those resulting from the family’s derivative claims, it was error to award fees against the trustee, individually. Affirmed in part. Reversed in part and remanded.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: August 15, 2023, Case #: A-22-108, Categories: Family Law, Trusts, Contract
J. Quigless finds that the lower court improperly ruled a 48-year-old man totally incapacitated and appointed a state guardian. The court cannot rule on the merits of the man's claims because it lacks a full evidentiary record showing the basis for the lower court's decision. Reversed.
Court: Missouri Court Of Appeals, Judge: Quigless, Filed On: August 15, 2023, Case #: ED111010, Categories: Guardianship
J. Duarte finds that defendant's peremptory challenge to a trial court judge assigned to hear her resentencing request was untimely. Trial court proceedings reevaluating her request for resentencing that were held following a previous remand from this court were not a new trial since her murder and robbery charges were not refiled and her jury trial and double jeopardy protections were not involved.
Court: California Courts Of Appeal, Judge: Duarte, Filed On: August 15, 2023, Case #: C097144, Categories: Criminal Procedure, Murder, Sentencing
M.J. Eifert grants in part the contracting services firm and its subsidiary’s motion for sanctions against the former director of marketing for her failure to produce legible text messages and an answer to an interrogatory regarding her absences from work in her sexual harassment suit, finding her “current answers convey an utter lack of effort on her part to collect the information that would allow her to answer.” The court directs the firm to submit an affidavit of reasonable fees and costs associated with its motion by Aug. 31, and orders the former director to respond to the discovery requests by Sept. 14.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: August 15, 2023, Case #: 3:22cv375, NOS: Employment - Civil Rights, Categories: Employment, Sanctions, Discovery
J. Lamberth finds for the Agency on International Development on a black female employee's race, sex and age discrimination claims, which arose after a white man was chosen over her for a supervisory position. She fails to show the agency's legitimate, non-discriminatory reason for its choice was pretextual.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: August 15, 2023, Case #: 1:19cv3702, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
Per curiam, the 11th Circuit grants the individual's motion to dismiss the instant appeal and vacates the panel opinion. The company dissolved weeks before the case was decided and the case was therefore moot at the time of the panel decision. Vacated.
Court: 11th Circuit, Judge: Per curiam, Filed On: August 15, 2023, Case #: 20-14846, Categories: Civil Procedure
J. Bogardus finds the lower court properly granted the business owner's motion for summary judgment on a contract claim. Under precedent from the New Mexico Supreme Court, cohabitating couples cannot pool resources, and in the absence of any verbal or written agreement between he and his partner, the partner was not entitled to any portion of the business or income, regardless of how long the couple lived together. However, because text messages established the partner provided administrative services for the business for several years without compensation, the unjust enrichment claim will be reinstated and remanded to the lower court. Affirmed in part.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: August 15, 2023, Case #: A-1-CA-40263, Categories: Family Law, Contract
J. Thacker finds the lower court properly determined that the former intelligence official's non-selection for a permanent position resulted from the hiring official’s poor impression of her as a prospective employee and her attendance problems, stemming from a depressive episode, prior to the Family Medical Leave Act interference. The employee failed to meet her burden of proof to demonstrate that she was not selected for the permanent position because of the delay of her leave request. Affirmed.
Court: 4th Circuit, Judge: Thacker, Filed On: August 15, 2023, Case #: 22-1498, Categories: Employment, Government
J. Metcalf denies a citizen his fourth motion compelling discovery against a town and its former police chief because the town alleges it does not to have the chief’s personnel file, which the citizen requested. In response to the first three motions, the town said it was illegal to produce the file without a protective order, which counsel then sent. The town, required to produce the file within two weeks, did not respond until two months later, saying it was unable to locate the file. Therefore, the order cannot be enforced. However, the town is commanded to address whether sanctions should be considered.
Court: USDC Western District of North Carolina, Judge: Metcalf, Filed On: August 15, 2023, Case #: 3:17cv638, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Discovery
J. Pierre-Louis finds that the appellate division improperly denied in-person interpretation services for defendant, a native speaker of Kaqchikel, in his sexual assault trial because the court's language access plan was amended to assure the assumption of in-person interpreting services in criminal jury trials, and the use of remote services should be approved by the assigned or presiding judge. Reversed.
Court: New Jersey Supreme Court, Judge: Pierre=Louis, Filed On: August 15, 2023, Case #: A-32-22, Categories: Criminal Procedure, Confrontation, Fair Trial
J. Edmon holds that the trial court must reinstate dismissed complaints alleging that certain medical corporations violated insurance fraud and unfair competition laws. The complaints adequately allege that the corporations falsely held themselves out as providers, are not controlled by physicians and failed to disclose those facts on bills submitted to insurers. Reversed.
Court: California Courts Of Appeal, Judge: Edmon, Filed On: August 15, 2023, Case #: B315264, Categories: Fraud, Insurance, Unfair Competition