129 results for 'filedAt:"2023-05-23"'.
J. Darby suspends lawyer Richmond Odom’s license to practice law for three years to run concurrent with discipline in Louisiana. Respondent was suspended for three years in Louisiana and ordered to pay $27,000 in restitution, and all costs. The Louisiana Supreme Court found that for two years he systematically committed 160 separate acts of conversion of funds, in an amount over $260,000 from a trust account. He fails to meet his burden to show that the basis of the Louisiana discipline isn’t supported by evidence or that the Louisiana findings are not sufficient grounds for discipline in Oklahoma.
Court: Oklahoma Supreme Court, Judge: Darby, Filed On: May 23, 2023, Case #: SCBD-7413, Categories: Evidence, Conversion, Attorney Discipline
J. Bartley finds the Board of Veterans Appeals properly denied the Marine Corps veteran entitlement to disability evaluations greater than 20% for right shoulder disabilities, though it sets aside the denial for left knee disabilities and greater than 10% for a skin condition. The decision as to his right shoulder is based upon a ratings schedule regarding arm movements which were not argued. Evidence as to the veteran’s left knee movements and skin condition was not adequately assessed. Affirmed in part. Set aside in part and remanded. Dismissed in part.
Court: Court Of Appeals For Veterans Claims, Judge: Bartley, Filed On: May 23, 2023, Case #: 20-8637, Categories: Evidence, Health Care, Veterans
J. Clifton finds that the district court improperly issued an order dismissing defendant's habeas petition as untimely. Defendant is an Arizona prisoner who sought post-conviction relief. Defendant's post-conviction application ceased to be pending when the time for him to seek further relief in the state courts expired, which was not precisely when the Arizona Court of Appeals issued its mandate. Reversed.
Court: 9th Circuit, Judge: Clifton, Filed On: May 23, 2023, Case #: 21-15999, Categories: Habeas
J. Joseph recommends a finding in favor of the municipalities, municipal officials and others in a lawsuit from property owners alleging in part that officials conspired to discriminate against them, falsely issued them tickets for having “animals at large” and failed to address needed repairs at their property. The magistrate says the property owners’ complaint should be dismissed, as their claims under the U.S. Constitution and state and federal law either fail to allege valid claims for relief or do not establish jurisdiction. Because the property owners have already amended their complaint once, leave to amend it again is denied as unwarranted.
Court: USDC Eastern District of Wisconsin, Judge: Joseph, Filed On: May 23, 2023, Case #: 2:23cv422, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Property
J. Beachley disagrees with the lower court’s ruling that the common law husband of a deceased woman is not allowed to sue a doctor for wrongful death because in Maryland, someone must present at least two documents verifying the marriage. However, as this marriage happened in Pennsylvania, and that state’s laws only require one document for proof — including the type of affidavit the husband presented — the marriage is deemed legitimate and the husband is allowed to proceed. Reversed.
Court: The Appellate Court of Maryland, Judge: Beachley, Filed On: May 23, 2023, Case #: 24-C-21-000851, Categories: Civil Procedure, Wrongful Death
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J. Miller finds the juvenile court improperly terminated “transition jurisdiction” of the non-minor ward by which he may continue to receive benefits after termination of the wardship. The autistic ward’s childhood was characterized by neglect, abuse, criminal behaviors and homelessness while within the foster care system. Findings in the written order provide that his remaining under juvenile court jurisdiction is not in his best interests, continuing, “facts supporting this determination were stated on the record.” Yet, there was no discussion of any best interest findings. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Miller, Filed On: May 23, 2023, Case #: A165931, Categories: Civil Procedure, Civil Rights, Guardianship
J. Wu strikes the printing services company’s untimely reasonable royalty theory and belated disclosures related to its lawsuit, as it sought a declaration that the printing services company and the inventor did not infringe on a patent entitled “Metal Child Resistant Container.” The printing services company raised the issue of non-infringement, but it did not cite any specific documents it produced that were relevant to non-infringing alternatives.
Court: USDC Central District of California, Judge: Wu, Filed On: May 23, 2023, Case #: 2:20cv6177, NOS: Patent - Property Rights, Categories: Evidence, Patent, Discovery
J. Sullivan finds that the lower court properly denied defendant’s motion to suppress evidence in case, stemming from his driving under the influence of alcohol. The trooper checking to see if defendant, who was pulled over to the side of the road with his hazard lights on, was in need of assistance realized defendant had been drinking during the course of their conversation; thus, his investigative detention of defendant was protected under the public servant provision. Affirmed.
Court: Pennsylvania Superior Court, Judge: Sullivan, Filed On: May 23, 2023, Case #: J-S38010-22, Categories: Evidence, Dui, Civil Rights
J. Neals rules against Catholic schools accused of giving a Jewish teacher a poor review and failing to take meaningful action after he complained that students had been throwing coins at him and about a swastika that had been carved into his classroom chalkboard and anti-Semitic comments that had been written on desks and furniture. A reasonable jury could find find that severe and persistent discrimination occurred based on the graffiti and coin throwing, as well as one student's plan to get a cake for Hitler's birthday, and the swastika remained in the classroom despite the teacher's numerous attempts to address it. Meanwhile, at least two teachers and three administrators visited the classroom throughout the year without noticing the graffiti or conduct, despite reports from other students about the anti-Semitism.
Court: USDC New Jersey, Judge: Neals, Filed On: May 23, 2023, Case #: 2:18cv16498, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination
Per curiam, the circuit finds that the district court properly convicted defendant of four counts of hostage-taking, one of which resulted in death. Seeking compassionate release on his life sentence, defendant contends the court paid insufficient attention to how young he had been when he committed the crimes, but his involvement in a violent criminal gang that kidnapped, tortured, mutilated, and raped its victims constituted "heinous crimes" that could not be overlooked. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 23, 2023, Case #: 21-2595, Categories: Sentencing, Gangs
Per curiam, the Supreme Court of Ohio finds the appeals court erroneously dismissed the inmate's mandamus petition based on information obtained from another court's docket and without providing the proper notice to the inmate. Therefore, the case will be remanded to give the inmate the opportunity to show his petition met certain filing requirements. Reversed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 23, 2023, Case #: 2023-Ohio-1696, Categories: Criminal Procedure, Sentencing
J. McShane denies summary judgment to the department of corrections for the corrections officer's claim that another officer sexually assaulted her, leading her to resign when rumors circulated that she consensually slept with the other officer to advance her career. A jury could reasonably assume that the corrections officer's co-workers retaliated against her for filing her complaint because the rumors and hostile work environment happened on a regular basis for nearly a year, to the point that she had to take leave multiple times to handle her anxiety and panic attacks, and the department of corrections' refusal to investigate the rumors could be construed as retaliation.
Court: USDC Oregon, Judge: McShane, Filed On: May 23, 2023, Case #: 6:21cv1267, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Whistleblowers, Employment Retaliation
Per curiam, the appellate division finds that the lower court improperly found for the insurer in a dispute over camper protection insurance policies sold with a provision that the policies could be cancelled "for any reason." The complaint adequately pleads a cause of action for breach of contract relating to policies sold both before and after the Covid-19 pandemic. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 23, 2023, Case #: 02758, Categories: Insurance, Covid-19, Contract
J. Quereshi grants a group of sprinkler union education and retirement funds’ motion for default judgment following its claim of ERISA violations by a fire suppression company. Under its collective bargaining agreement with the funds, the company is obligated to contribute and keep records, but it failed to do so for several months in 2021. The company owes the funds $193,963.
Court: USDC Maryland, Judge: Quereshi, Filed On: May 23, 2023, Case #: 8:22cv326, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Contract, Labor / Unions
J. Teilborg rules a hotel group may pursue tortious interference claims against an insurance company. The hotel group sufficiently showed that the insurance company may have interfered with a contractual relationship between the hotel group and a reinsurer in order to "lowball" coverage concerning an air conditioning system that malfunction and flooded the property.
Court: USDC Arizona, Judge: Teilborg, Filed On: May 23, 2023, Case #: 2:22cv1395, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Georges reverses the superior court's finding for the state department of transportation on a landowner's taking claim related to a 2018 easement for which the department refused to pay based on its contention it was only confirming its previously held rights under a 1991 easement. Contrary to the superior court's determination, the ordinary rules of interpretation for easements applies. Reversed.
Court: Massachusetts Supreme Court, Judge: Georges, Filed On: May 23, 2023, Case #: SJC-13300 , Categories: Constitution, Property
J. Sorokin grants an individual's motion for partial summary judgment on her claims against an eye center for surgery she underwent in 1986. New York law applies and, therefore, the cap on damages under Massachusetts law does not apply, as New York's contacts and interests outweigh those of Massachusetts in this case.
Court: USDC Massachusetts, Judge: Sorokin, Filed On: May 23, 2023, Case #: 1:18cv10353, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Damages, Negligence, Choice Of Law
J. Dale finds a trust's motion for default judgment to be moot in a dispute over a real estate purchase. The trust alleges that the property had defects that were not disclosed. The seller asserts that the defects were subject to the "as is" condition. The trust would not be prejudiced by setting aside default. The parties are directed to meet and confer.
Court: USDC Idaho, Judge: Dale, Filed On: May 23, 2023, Case #: 1:22cv323, NOS: Other Contract - Contract, Categories: Real Estate, Contract