143 results for 'filedAt:"2023-11-22"'.
J. Bell finds the district court properly dismissed this tort action brought upon allegations of injuries incurred in a traffic accident. The injured party failed to serve the summons and complaint on the purported at-fault party within 120 days, and the injured party failed to demonstrate good cause for failing to seek a time extension. Affirmed.
Court: Nevada Supreme Court, Judge: Bell , Filed On: November 22, 2023, Case #: 85161, Categories: Tort, Due Process
J. Malone finds a lower court improperly dismissed a defendant's illegal sentence claims against the state. The state argued that the defendant, who was convicted on charges of aggravated burglary, kidnapping, and repeatedly stabbing his victim, is not entitled post trial motion for ineffective representation. However, the defendant presented sufficient evidence in court that he was denied "conflict- free counsel." Vacated.
Court: Kansas Courts Of Appeal, Judge: Malone, Filed On: November 22, 2023, Case #: 124,725, Categories: Burglary, Evidence, Kidnapping
J. Smith grants the Environmental Protection Agency's motion to transfer venue to the District of Columbia in this matter procedurally coordinated with a related case. The refinery challenges the agency's action that created an alternative compliance approach for small refineries with outstanding Renewable Fuel Standard program obligations that does not require the refinery to retire renewable identification numbers to meet their compliance obligations. The District of Columbia is the appropriate venue to resolve the claim the EPA should have provided additional relief in the form of replacement numbers.
Court: 5th Circuit, Judge: Smith , Filed On: November 22, 2023, Case #: 22-60357, Categories: Environment, Agency, Venue
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J. Mackey finds that the lower court properly denied a father's objections to the order maintaining child support obligations despite his retirement from an auto repair business because the father failed to offer medical proof indicating his bad knees rendered him disabled or unable to continue work. Meanwhile, he provided an inaccurate picture of his finances. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: November 22, 2023, Case #: 535629, Categories: Family Law
J. Riley finds a lower court ruled correctly in convicting defendant on drug charges. Defendant raised a number of issues with his conviction, including what he said was the court’s consideration of uncharged conduct and circumstantial evidence, but evidence of defendant’s drug-dealing was not “purely circumstantial,” and there was sufficient evidence to convict him regardless. Affirmed.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: November 22, 2023, Case #: 23A-CR-604, Categories: Drug Offender, Evidence, Fair Trial
J. Connor finds the lower court properly dismissed a homeowners’ association’s breach of contract claim. The property owners planned to build a home and believed the property was overseen by the homeowners’ association. After the homeowners’ association’s architectural committee denied their building plans, an attorney was consulted and found the subject property was not governed by any homeowners’ association. The homeowners’ association argued the property is subject to the restrictive covenants of the homeowners' association, and the owners were in breach of contract by failing to obtain their approval for construction. The owners argued the homeowners’ association had no standing as it held no authority over their property, and the lower court agreed; as such, the lower court properly dismissed the claim for lack of subject-matter jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Connor, Filed On: November 22, 2023, Case #: 3-22-00321-CV, Categories: Construction, Jurisdiction, Contract
J. D'Apolito finds eyewitness testimony from the victim, who turned defendant's gun over to police after being attacked, and surveillance footage that showed the assault was sufficient to support his assault and firearm possession convictions. However, the trial court failed to make required findings at sentencing, including that consecutive sentences were necessary to protect the public from future harm. Vacated in part.
Court: Ohio Court Of Appeals, Judge: D'Apolito, Filed On: November 22, 2023, Case #: 2023-Ohio-4246, Categories: Firearms, Sentencing, Assault
J. Mikva finds that the lower court improperly denied the pension fund's request to revive a judgment lien after seven years. A judgment creditor may record a revived judgment as a new lien on a debtor's property after the expiration of seven years. Reversed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: November 22, 2023, Case #: 230574, Categories: Debt Collection, Property
J. Drozd grants, in part, a detective’s motion to stay discovery in a police shooting-related civil rights case during the pendency of a related criminal proceeding. A 3-month stay is warranted based, in part, on the detective's Fifth Amendment concerns.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: November 22, 2023, Case #: 2:20cv1563, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery, Police Misconduct
J. Bulla finds the district court improperly found for an attorney in this bankruptcy and property dispute. The bankruptcy court placed a lien on property purchased with funds misappropriated from the family trust. Though the attorney is entitled to enforce any remainder of the lien, he is not entitled to a constructive trust, title to the property, or recovery for fraudulent transfer or conversion. The district court failed to recognize the preclusive effect of prior orders, and factual disputes remain. Reversed.
Court: Nevada Court of Appeals, Judge: Bulla , Filed On: November 22, 2023, Case #: 84908-COA, Categories: Bankruptcy, Fraud, Property
J. Mackey finds that the lower court improperly dismissed claims seeking damages for the sexual assault of a minor in the late 1980s by employees and associates of the state performing arts center in Albany because the proffered four-year time frame provided adequate notice of the claims, and the allegations of rape were sufficiently detailed. Reversed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: November 22, 2023, Case #: 535436, Categories: Civil Procedure, Tort
[Consolidated.] J. Clark finds that the lower court properly convicted defendant of murder and tampering with evidence in the death of two women based on witness and expert testimony and statements defendant allegedly made to other inmates while incarcerated. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: November 22, 2023, Case #: 110765, Categories: Evidence, Murder
Per curiam, the appeals court finds the trial court in part erred in its non-final order in a lawsuit between an office condo and a residential condo over right-of-way access to 14 parking spaces on the office condo's property. The trial court's temporary injunction and writ of replevin giving the residential condo access to the parking spaces is upheld, but the trial court failed to set a bond in its order as required by statutes, so that portion of the order is reversed and on remand it is ordered to set such a bond. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: November 22, 2023, Case #: 22-1889, Categories: Property, Contract
J. Aarons finds that the lower court improperly convicted defendant of manslaughter stemming from a shooting death. Surveillance video indicated the shooter had been the driver of a vehicle involved in a car chase, but defendant could not be identified beyond a reasonable doubt as the driver. Reversed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: November 22, 2023, Case #: 113585, Categories: Manslaughter, Identification
J. Lynch finds that the lower court improperly held that a hospital had not violated an exclusivity agreement with a radiology practice by raising quality-of-care oncology issues. In temporarily suspending the radiologist who owned the practice and acted as medical director, the hospital had not allowed him to hire temporary providers or an interim director as outlined in the agreement. However, the court properly held that the hospital had not defamed plaintiffs in performing professional reviews of work performed by the practice. Reversed in part.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: November 22, 2023, Case #: CV-22-1968, Categories: Defamation, Contract
J. Gremillion finds that defendant was properly convicted of first degree murder for the shooting deaths of two victims who were found deceased in a car off the side of the road. There was sufficient evidence to connect defendant to the murders, including witness testimony and his own incriminating statements. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: November 22, 2023, Case #: KA-23-298, Categories: Evidence, Murder, Sentencing
J. Riley finds a lower court ruled correctly in terminating the parental rights of two parents. The parents argued the decision was “clearly erroneous,” but both parents have struggled with substance abuse, and children “cannot wait indefinitely for their parents to work toward preservation or reunification.” Affirmed.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: November 22, 2023, Case #: 23A-JT-1076, Categories: Family Law, Guardianship
J. Riley finds a lower court ruled correctly in convicting defendant of murder and other charges. Defendant argued the lower court abused its discretion, including by allegedly failing to give proper jury instructions on lesser offenses, but he fails to present a “cogent argument.” Affirmed.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: November 22, 2023, Case #: 23A-CR-518, Categories: Murder, Due Process
[Consolidated.] J. Powers finds that the lower court properly issued an order of protection against a husband for a physical altercation with his wife. He likewise accused the wife, but his account was not credible given her smaller stature, and the wife contends she acted in self-defense since her husband had previously injured her. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: November 22, 2023, Case #: 535650, Categories: Family Law, Restraining Order
J. Fallon finds a South Louisiana shipyard has successfully invoked an Act of God defense and, therefore, is not liable for damages to one of 19 vessels moored at its docking facilities when Hurricane Ida struck in 2021. The shipyard did all it reasonably could to prevent an un-manned vessel from breaking free and slamming into a docked workboat, during the strongest storm to hit the area since the “Last Island Hurricane” of 1856. A litigant invoking the Act of God defense must show “that the accident could not have been prevented by ‘human skill and precaution and a proper display of nautical skills[.]’”
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: November 22, 2023, Case #: 2:22cv3046, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Maritime, Damages, Negligence
J. McGrath finds that the Department of Revenue properly construed the methodology for calculating statewide property tax mills. County governments argued they have exclusive authority to levy statewide school-equalization mills and that the Department cannot require them to "bank" tax revenues that exceed the amounts they are authorized by statute to levy in a single year. The Department is a statutory governmental entity authorized with providing equalized funding for public education and the university system and it may carry forward any mills that exceed the statutory cap and require counties to use those mills in subsequent years to meet the cap.
Court: Montana Supreme Court, Judge: McGrath, Filed On: November 22, 2023, Case #: OP 23-0635, Categories: Tax
J. Hixson denies a request to toss employment discrimination claims from a former asylum officer at the San Francisco Asylum office who says he was given poor performance ratings and passed by for promotions due to his race. While the record needs to be fleshed out further to give more context for the discrimination claim, the asylum officer has provided enough evidence at this stage that there was no valid, work-related reason for his bad reviews or for not getting the promotions.
Court: USDC Northern District of California, Judge: Hixson, Filed On: November 22, 2023, Case #: 3:21cv7419, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Powers finds that a child was properly adjudicated neglected by her mother, who used drugs during pregnancy and failed to attend prenatal appointments. Evidence indicates the child was in imminent danger of physical, mental, or emotional damage, not only due to the child's low birth weight but because the mother insisted on living with the child's father, a registered sex offender who had been convicted of raping the mother when she was 14 years old. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: November 22, 2023, Case #: 534193, Categories: Family Law
J. Behm grants the governor dismissal of claims contending plaintiff's constitutional rights were violated when he was required to continue registration under the state Sex Offenders Registration Act even after it had been declared unconstitutional. Plaintiff was no longer listed as a sex offender on government websites, and he failed to provide information about the nature of these sites or the personal information allegedly contained thereon.
Court: USDC Eastern District of Michigan, Judge: Behm, Filed On: November 22, 2023, Case #: 4:23cv10044, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights