197 results for 'filedAt:"2023-08-24"'.
J. Campbell grants a County's motion for summary judgment concerning a mining company's claims that it issued it a permit that contained outdated flow rates, and then refused to review a report completed by a hydrologist, which cost it upwards of $8 million for complying with "unnecessary stabilization demands." However, the County sufficiently showed that the claims are time-barred under the statute of limitations.
Court: USDC Arizona, Judge: Campbell, Filed On: August 24, 2023, Case #: 2:21cv1875, NOS: Other Civil Rights - Civil Rights, Categories: Construction, Energy, Contract
J. Wise finds that the trial court erred in its award of damages to the distributor on its breach of contract claim relating to a debt owed by a company for goods provided. The evidence did not support the part of the award for freight charges allegedly owed. Reversed in part.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: August 24, 2023, Case #: 14-20-00622-CV, Categories: Fraud, Damages, Contract
J. Wise finds that the trial court should not have granted summary judgment on the Prompt Payment Act (PPA) claim relating to a construction dispute. The evidence did not "conclusively establish when the payment was received by appellant for purposes of calculating interest under the PPA." Reversed in part.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: August 24, 2023, Case #: 14-22-00101-CV, Categories: Construction, Contract
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J. Wise finds that the trial court properly entered a protective order against the individual for stalking and harassing a woman and her son. There was sufficient evidence to show that the individual committed the offenses, and this included sending lewd photos of the woman and the statement that she "should murder her infant son because he is ugly." Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: August 24, 2023, Case #: 14-22-00560-CV, Categories: Family Law, Restraining Order
J. Hassan finds that the trial court improperly granted summary judgment on the claim that a couple's manufactured home violated the subdivision's deed restrictions. The evidence creates fact issues as to whether the couple's home meets the requirement to be of "new construction" and does not violate the ban on "moved in houses." Reversed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: August 24, 2023, Case #: 14-22-00842-CV, Categories: Civil Procedure, Property, Real Estate
J. Darrow grants a university's board of trustees' motion for summary judgment concerning a tenure track assistant professor's wrongful denial of tenure claims. The board of trustees sufficiently showed in court that the tenured professor could not adequately perform her work duties after suffering a pulmonary embolism and traumatic brain injury, which unfortunately left her with a diminished field of vision, a drop foot, and mild aphasia.
Court: USDC Central District of Illinois, Judge: Darrow, Filed On: August 24, 2023, Case #: 4:20cv4232, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Education, Employment, Contract
J. Couriel finds that the court of appeal properly upheld defendant's conviction for extortion because the state sufficiently proved the threat had been made "intentionally and without a lawful justification," and the state was not required to prove defendant acted with hatred. Affirmed.
Court: Florida Supreme Court, Judge: Couriel, Filed On: August 24, 2023, Case #: SC2021-1204, Categories: Intent, Extortion
J. Christiansen Forster finds that the trial court properly dismissed a traffic collision action because the injured party's expert witness did not disclose the intake form he relied on to conclude that the injuries stemmed entirely from that one collision. He also failed to disclose the literature he relied on to conclude that lifelong treatment would be required. Affirmed.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: August 24, 2023, Case #: 20210894-CA, Categories: Civil Procedure, Negligence, Experts
Per curiam, the Court of Appeals for Veterans Claims grants the Air Force veteran’s legal guardian’s petition for a writ of mandamus to compel Veterans Affairs to issue a decision regarding her reinstatement as payee, address her complaints that his current fiduciary is violating an agreement to support the family, and to release withheld funds. The VA removed the guardian as fiduciary after making a determination of misuse, appointing a paid fiduciary. The accusation proved to be false, but the VA failed to acknowledge this, refusing to restore the guardian’s and veteran’s circumstances. The VA has asserted, without acknowledging the petitioner’s status as legal guardian, that only the veteran, who has already been deemed incompetent, may request a change in fiduciary. If the VA does not act favorably on the guardian’s notice of disagreement she may appeal to the board.
Court: Court Of Appeals For Veterans Claims, Judge: Per curiam, Filed On: August 24, 2023, Case #: 22-4698, Categories: Veterans, Fiduciary Duty, Military
Per curiam, the Kentucky Supreme Court finds that attorney Leila Louise Hale should be publicly reprimanded as reciprocal discipline to that imposed in Nevada, where she prematurely took client funds from a trust and failed to properly disburse remaining funds after negotiating medical liens.
Court: Kentucky Supreme Court, Judge: Per curiam, Filed On: August 24, 2023, Case #: 2023-SC-0165-KB, Categories: Attorney Discipline
J. Jackson-Akiwumi finds that the lower court properly convicted defendant of possession with the intent to distribute controlled substances. The state presented sufficient evidence to prove that defendant knew the bus contained controlled substances. Further, there is no clear evidence that the jury engaged in premature deliberations, so it is presumed the jury abided by the court's instruction not to talk about the case with anyone until deliberations began. Affirmed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: August 24, 2023, Case #: 21-2434, Categories: Drug Offender, Evidence, Jury
J. Longoria finds that the lower court properly terminated the mother's parental rights to her two children. The mother contends that the trial did not commence in a timely manner, alleging that the lower court engaged in a "false start" to avoid losing jurisdiction. However, the record indicates that preliminary motions were heard and a case worker was called to testify, before the parties agreed to recess. Also, the lower court did not abuse its discretion by holding a bench trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: August 24, 2023, Case #: 13-23-00145-CV, Categories: Civil Procedure, Family Law, Jurisdiction
J. Cypher finds that the lower court improperly awarded partial summary judgment to the niece in a case where decedent left funds to be used to care for her cocker spaniel, Licorice, but the dog died before her, making the correct way to distribute the funds unclear. While the trust is meant to take care of Licorice and any other pets following her death, with the remaining funds to be donated to charity, that does not necessarily mean decedent intended for the funds to be donated to charity if her pets died before her. Vacated.
Court: Massachusetts Supreme Court, Judge: Cypher, Filed On: August 24, 2023, Case #: SJC-13397, Categories: Trusts, Wills / Probate
Per curiam, the appellate division finds that attorney Gary Rinck of Connecticut may be reinstated following his September 2022 suspension for failing to meet registration requirements and grants his contemporaneous request to resign from the New York bar for nondisciplinary reasons.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: PM-185-23, Categories: Attorney Discipline
J. Baker finds that the trial court improperly ruled to terminate a mother’s parental rights to her child. The Texas Department of Family and Protective Services failed to show that the termination of the mother’s rights was in the child's best interests. Reversed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: August 24, 2023, Case #: 03-22-00700-CV, Categories: Family Law
Per curiam, the appellate division finds that attorney Robin-Hwajin Yoon Kim may be reinstated following her January 2014 suspension for failing to meet registration requirements because Kim complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: PM-189-23, Categories: Attorney Discipline
J. Bianco finds that the district court properly awarded damages to a widow who brought federal tort claims for malpractice concerning a VA hospital's delayed diagnosis of her husband's lung cancer. The $975,000 award met the state standard for "reasonable" compensation, and sums assessed for pain and suffering did not deviate significantly from awards in comparable cases. Affirmed.
Court: 2nd Circuit, Judge: Bianco, Filed On: August 24, 2023, Case #: 21-548-cv, Categories: Damages, Medical Malpractice
J. Boardman denies three families their motion for an injunction that would require a county's school board to give them a choice to opt their children out of classroom instruction involving reading any books about family life and human sexuality. Specifically, the families--who are religious--claim that by reading stories about lesbian, gay, bisexual, transgender or queer characters aloud, teachers and the board are violating their children's constitutional rights to free exercise and their own rights to due process. However, the parents are incorrect because the no-opt-out policy regarding the books does not infringe upon their children's freedom to exercise their religion. Also, the parents' claim regarding due process will likely not succeed on the merits as there is no constitutional support for parents replacing state education because they disagree with curriculum.
Court: USDC Maryland, Judge: Boardman, Filed On: August 24, 2023, Case #: 8:23cv1380, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Education, Lgbtq
J. Richardson finds the lower court properly determined that the warden was not qualified for immunity. Three guards with prior histories of violence with inmates relentlessly beat and pepper sprayed an inmate they incorrectly thought was involved in a scuff-up between an inmate and another guard. The warden allegedly did nothing to prevent inmates suspected of being involved in the fight from being violently retaliated against. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: August 24, 2023, Case #: 21-6422, Categories: Constitution, Assault, Prisoners' Rights
Per curiam, the Ninth District conditionally grants the tractor-trailer driver’s petition for mandamus relief from an order denying motions to quash depositions on written questions seeking records from medical providers in this wrongful death suit arising from a traffic accident. The estate relied on the trucker’s suspected marijuana use to support their argument that his medical records were an issue. Whether he was on marijuana or medication that caused impairment may be an issue and the estate would be entitled to such records but has failed to properly limit document requests.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: August 24, 2023, Case #: 09-23-00153-CV, Categories: Vehicle, Wrongful Death, Discovery
J. Treadwell grants the bank's motion to dismiss an unfair debt collection action brought by the borrower alleging that the bank and the recovery company unlawfully repossessed his vehicle. The sales contract was assigned to the bank and the bank is not a debt collector, therefore the borrower failed to state a claim under the Fair Debt Collection Practice Act. Since the recovery company failed to respond, the borrower's motion to amend is partially granted with respect to his wish to allege unfair debt collection and conversion claims against it. The borrower can also amend his complaint to allege a conversion claim against the car company. However, the motion is denied as futile with respect to the borrower's request to amend the complaint to allege claims against the bank for fraud, breach of fiduciary duty and violations of the Georgia Fair Business Practice Act.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: August 24, 2023, Case #: 5:22cv458, NOS: Truth in Lending - Torts - Personal Property, Categories: Debt Collection, Business Practices