310 results for 'filedAt:"2023-09-29"'.
J. Bamattre-Manoukian denies the murder convict’s petition for a writ of mandate to disqualify a judge who denied his petition for resentencing once, and then again after the Sixth District reversed and remanded the first order. Laws cited address a trial judge in a prior proceeding who is assigned to conduct a new trial, not to rule on a request for resentencing. Petitioner fails to demonstrate that his post-appeal proceeding is a “new trial.” Affirmed.
Court: California Courts Of Appeal, Judge: Bamattre-Manoukian, Filed On: September 29, 2023, Case #: H050633, Categories: Judiciary, Murder, Sentencing
[Consolidated.] J. Brown finds that a property buyer's writ application for supervisory review should not have been granted by this court because it was procedurally improper. In this case, the defendants were dismissed from the suit and the judgment was final. Therefore, the proper method of seeking review by this court is through appeal.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: September 29, 2023, Case #: 2023-CA-0063, Categories: Civil Procedure, Property
J. Sanchez finds the trial court properly granted summary judgment against the parents alleging the wrongful death of their son, who was stabbed to death in a fight beginning in the bar but culminating a block away after the parties were ejected. A bar’s duty to protect patrons from “imminent or ‘ongoing’ criminal conduct,” does not extend further than the premises. When patrons safely and peaceably leave the bar, as the parties did, the special relationship terminates, and the bar’s duty ends. Affirmed.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: September 29, 2023, Case #: G061255, Categories: Negligence, Wrongful Death
[Modified.] [Consolidated.] J. Chou modifies one sentence with no change in judgment. The trial court properly disqualified a district attorney's office from prosecuting cases against defendant, accused of killing a cousin of the current district attorney's husband. The current district attorney made critical comments to reporters about the handling of the case during a campaign to recall the district attorney in office at the time. Though her comments were not ethical violations, the trial court reasonably concluded that her stated beliefs could affect the plea agreement or sentencing decisions made by the assistant district attorneys in her office. Affirmed.
Court: California Courts Of Appeal, Judge: Chou, Filed On: September 29, 2023, Case #: A167241, Categories: Murder
J. Fleming grants the fired business partner's motion to dismiss, ruling the employment agreement between the partner, the business and the other co-founder does not establish a contract between the two partners; therefore, the co-founder cannot bring breach of contract claims. Meanwhile, because the two partners did not share profits or losses and did not have mutual agency over the business, there was no special relationship to support the fiduciary duty claim, which will also be dismissed.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 29, 2023, Case #: 1:22cv638, NOS: Other Contract - Contract, Categories: Fiduciary Duty, Contract
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J. Wooton dismisses the Board’s appeal of two lower court orders — the latter denying its motion for summary judgment — in the suit brought by the parents of George Washington High School student claiming school administrators breached their duty to protect her from a fellow student how repeatedly groped her. Since the judge did not rule on any of the immunity issues, the court finds the Board cannot identify any “error” the court may grant relief.
Court: West Virginia Supreme Court Of Appeals, Judge: Wooton, Filed On: September 29, 2023, Case #: 22-0028, Categories: Education, Government, Negligence
[Consolidated.] J. Reiber finds the trial court improperly allowed the advocate for the mother’s husband to inspect the children’s records in the CHINS proceedings. The advocate is not an attorney in these proceedings and does not have a “need to know designation.” Reversed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: September 29, 2023, Case #: 23-AP-124, Categories: Family Law
J. Amon dismisses a class action securities fraud complaint brought on behalf of stockholders of an industrial materials company alleging omissions made during merger negotiations that exaggerated the commercialization prosects of its holography, lithography and wireless sensing products as well as the company’s relationship with Lockheed Martin and Airbus to develop holographic optical filter eyewear products for use by commercial, military and law enforcement pilots. The court finds the statements are not actionable under federal securities laws and the complaint fails to allege scienter.
Court: USDC Eastern District of New York, Judge: Amon, Filed On: September 29, 2023, Case #: 1:21cv7203, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Moon grants the newspaper's motion to dismiss defamation claims. The paper wrote an article critiquing the conspiracy theorist physician who significantly spread misinformation regarding COVID-19 vaccines. None of the statements made in the article can be proven as false and they are opinions in a scientific debate.
Court: USDC Western District of Virginia, Judge: Moon, Filed On: September 29, 2023, Case #: 3:22cv46, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Health Care, Defamation, Covid-19