187 results for 'filedAt:"2023-05-24"'.
J. McKinster grants the school district’s petition to reconsider sanctions imposed for its negligent erasure of a video which captured the alleged sexual assault of a student. The record supports the trial court’s ruling that the district was on notice that litigation was reasonably foreseeable, and so the safe harbor provision did not apply. The court of appeals directs the trial court to reconsider whether the form of sanctions it imposed are warranted and whether lesser sanctions will adequately remedy the loss of the video.
Court: California Courts Of Appeal, Judge: McKinster, Filed On: May 24, 2023, Case #: E078673, Categories: Education, Evidence, Negligence
J. Hull finds the trial court improperly disapproved certain disbursements made by the trustee of a special needs trust, surcharging the trustee. The trust instrument defines “special needs” as including more than those reasonably related to the beneficiary’s disability. This definition is consistent with the interpretation of the relevant statute and the Social Security Administration’s treatment of special needs trusts, and so the trial court abused its discretion by defining “special needs” more narrowly than allowed under the instrument and special needs trust law. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Hull, Filed On: May 24, 2023, Case #: C093796, Categories: Civil Rights, Health Care, Trusts
[Consolidated.] J. Africk grants summary judgment to seven offshore workers who filed personal injury claims arising from a liftboat’s capsizing, dismissing claims by two insurance carriers seeking to recover payments for medical compensation and indemnity benefits. Both insurance carriers waived subrogation in their insurance contracts with the workers’ employers as required by master service contracts.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: May 24, 2023, Case #: 2:19cv10850, NOS: Marine - Contract, Categories: Tort, Contract, Workers' Compensation
Per curiam, the appeals court finds for the therapy center in its lawsuit with State Farm over coverage for treatment of one of State Farm's insureds. The trial court did not abuse its discretion by denying State Farm's motion to amend its answer with nine new affirmative defenses seven years after the original complaint was filed, in part because of the already lengthy litigation and discovery and potential prejudices to the therapy center. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 24, 2023, Case #: 21-1758, Categories: Insurance, Contract
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J. Wright finds the trial court improperly convicted defendant for DWI, sentencing him to 10 days’ confinement in the county jail. Defendant says that his due process rights were violated, being a mental evaluation was ordered but not completed. The Ninth District abated the appeal and remanded to determine the feasibility of a retrospective competency evaluation. The state then filed an unopposed motion to reinstate the appeal, vacate and remand, informing the court that defendant is unable to cooperate with a competency evaluation and it is in the interest of justice to dismiss the case. Vacated and remanded.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: May 24, 2023, Case #: 09-20-00234-CR, Categories: Competence, Dui, Due Process
J. Greer finds that a wife was properly awarded spousal support in a dissolution of marriage. Rehabilitative support was appropriate since the wife would be able to earn an increased income following education or training. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: May 24, 2023, Case #: 22-1361, Categories: Family Law
J. Williams rules in part for New Jersey state troopers accused of shooting and killing someone during a struggle after they found him in an abandoned building. The troopers testified they feared for their lives when the decedent, who had broken free from several arrest attempts, grabbed a large metal pole, but questions of fact exist as to whether the decedent posed an actual threat.
Court: USDC New Jersey, Judge: Williams , Filed On: May 24, 2023, Case #: 1:18cv15257, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
J. Kinsley finds the trial court properly dismissed the Texas law firm's complaint for a share of attorney fees for referral services. The draft agreement and emails sent to the Ohio firm that represented the client, which failed to include any fee percentage or specific terms, did not constitute an oral contract. Additionally, the attorney at the Ohio firm never agreed to the vague terms set forth in the emails and, in fact, rejected the offer several months later, all of which supports the lower court's decision to dismiss the case. Affirmed.
Court: Ohio Court Of Appeals, Judge: Kinsley, Filed On: May 24, 2023, Case #: 2023-Ohio-1728, Categories: Fraud, Attorney Fees, Contract
J. D’Agostino preserves an auto body repair shop’s counterclaims for breach of contract, equitable relief and unjust enrichment asserted against its wholesale paint supplier for allegedly breaching the terms of a supply agreement. The defendant sufficiently alleged it suffered injuries as a result of the litigant’s failure to provide it with various paint equipment as required under the agreement, as well as forcibly replacing valuable equipment that plaintiff owned.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: May 24, 2023, Case #: 5:22cv281, NOS: Other Contract - Contract, Categories: Contract
J. Robinson finds that the trial court properly found for a defendant driver on plaintiff driver's car collision claim. In this case, the trial judge found the defendant driver's version of the events, that he came to a complete stop at the intersection before moving into the intersection on a green arrow, to be more credible. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: May 24, 2023, Case #: 54,953-CA, Categories: Evidence, Negligence
J. Broderick finds for the employees in a wage and hour suit, entering a default judgment against the employer. The employees shall be awarded damages of $10,000, plus attorneys fees of $3,300.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: May 24, 2023, Case #: 1:18cv2843, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages
J. Bokor finds in favor of the insurance company in the property manager's lawsuit over delayed coverage for damages its condo complex suffered from Hurricane Irma in 2017. The re-hearing the property manager requests so it can pursue more pre-judgment interest in addition to the summary judgment motion it was granted affirming an appraisal award, as well as attorney fees and other costs it has already won, must be denied, as the terms of its policy do not support the idea that the insurance company violated the policy by failing to respond to its proofs of loss within 30 days. Affirmed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 24, 2023, Case #: 22-0102, Categories: Insurance, Contract
J. Johnson finds that the district court should not have dismissed an injured driver's claims against the defendant driver's insurer. There are genuine issues on whether the insurer waived its affirmative defenses as to coverage because the driver submitted evidence to show that the insurer accepted liability for the accident in an email. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 24, 2023, Case #: 22-CA-370, Categories: Evidence, Insurance, Tort
J. Ahlers finds that the beneficiary of a will was properly denied a request to remove and disinherit the executor from the will because the executor had not challenged the will when she submitted a subsequent version to probate and thus had not triggered the stipulation promising to remove any challenger. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: May 24, 2023, Case #: 22-1135, Categories: Wills / Probate
J. O'Leary finds the trial court properly ruled in favor of Kia in this suit alleging an auto defect. Though the court rejected Kia’s excuses for withholding certain documents, it did not find that it intentionally concealed them. It was appropriate to refuse to instruct the jury that Kia had concealed evidence. The auto customer forfeits the issue, misrepresenting to the California Court of Appeals that the trial court in fact found concealment. Also, Kia’s paralegal, who verified discovery requests and whose testimony was excluded, had no helpful knowledge for the jury. The customer made no timely objection to the size of the jury room and thus waived the objection that the jurors felt rushed. Affirmed.
Court: California Courts Of Appeal, Judge: O’Leary , Filed On: May 24, 2023, Case #: G060912, Categories: Evidence, Jury, Product Liability
J. Bruggink declines to dismiss this pre-award bid protest for a contract to provide medical services to illegal immigrants held in ICE facilities because one of the disqualified companies had been excluded from competing for the bid despite registering properly.
Court: Court of Federal Claims, Judge: Bruggink, Filed On: May 24, 2023, Case #: 23-47C, Categories: Contract
J. Morris denies summary judgment to both parties in a dispute between the Department of Health and Human Services and an individual over whether that individual owes a fine for terminating a contract under the loan repayment program while enrolled in the National Health Service Corps. The "limited record" before the court does not provide enough information to determine if the fine is excessive, so further proceedings are necessary.
Court: USDC Montana, Judge: Morris, Filed On: May 24, 2023, Case #: 4:22cv55, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Contract
J. Urias remands to state court a lawsuit between representatives of a ranch and neighbors which the ranch alleges have failed to “properly maintain” oil and gas facilities, damaging the land. Those neighbors, the defendants in this case, were properly joined because they all conducted oil and gas operations nearby and were linked by a “common ‘series of occurrences,’” removing the “diversity jurisdiction” that would have allowed this court to hear this case.
Court: USDC New Mexico, Judge: Urias, Filed On: May 24, 2023, Case #: 1:22cv515, NOS: Torts to Land - Real Property, Categories: Environment, Tort, Jurisdiction
J. Mullins finds that defendant was properly sentenced based on his guilty plea to domestic abuse assault causing bodily injury and other charges because the lower court lacked discretion to suspend the portion of the sentence imposing fines. Affirmed.
Court: Iowa Court Of Appeals, Judge: Mullins, Filed On: May 24, 2023, Case #: 22-0985, Categories: Sentencing, Domestic Violence
J. Shields rules in a bench trial and finds in a favor of a security system installation company on its claims for false designation of origin and false advertising under the Lanham Act plus its claim for tortious interference with contract against a competitor and awards them $91,036 compensatory damages for lost revenue. The former employee solicited the litigant’s customers acquired after it purchased a now-defunct competitor and persuaded them to switch services. The court issues an injunction prohibiting the competitor from contacting any of the litigant’s customers, using its confidential information or making disparaging statements regarding the litigant’s business operations.
Court: USDC Eastern District of New York, Judge: Shields, Filed On: May 24, 2023, Case #: 2:17cv1194, NOS: Trademark - Property Rights, Categories: Trade Secrets, Trademark, Damages