201 results for 'filedAt:"2023-06-15"'.
J. Gallagher finds defendant's due process rights were not violated by the trial court's transferred intent instruction to the jury during his trial on murder, firearms, riot and assault charges. The instruction, which dealt with whether defendant intended to shoot one of the victims of his crime, applied only to his murder charges, of which he was found not guilty. Meanwhile, the trial court properly denied defendant's request for a lesser-included offense of reckless assault because his use of a gun during the commission of his crimes precluded the chance he acted recklessly. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: June 15, 2023, Case #: 2023-Ohio-1977, Categories: Murder, Jury Instructions
J. Albregts grants the refrigerator manufacturer's motion to quash the subpoena seeking to depose the company president in this suit brought on allegations that a refrigerator caught fire, damaging an RV and house. The company president is not a named party, but is the chairman/president and director of two named parties. A subpoena was unnecessary to depose him.
Court: USDC Nevada, Judge: Albregts , Filed On: June 15, 2023, Case #: 2:21cv2167, NOS: Contract Product Liability - Contract, Categories: Tort, Product Liability, Contract
J. Reynolds Fitzgerald finds that the lower court should have found for defendant in claims contending her dog bit her son's 15-year-old friend in the face because evidence did not indicate defendant had been on notice of the dog's vicious propensities, and the friend's father failed to raise issues of fact to defeat her request for summary judgment. Reversed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: June 15, 2023, Case #: 535842, Categories: Negligence
J. Graber finds that the district court improperly upheld an administrative law judge's denial of an individual's application for disability benefits under the Social Security Act. The ALJ materially mischaracterized the individual's functional capacity when posing a question to a vocational expert. Reversed.
Court: 9th Circuit, Judge: Graber, Filed On: June 15, 2023, Case #: 22-55504, Categories: Social Security, Experts
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J. Tijerina finds that the lower court properly denied the department's plea to the jurisdiction in this lawsuit involving personal injuries allegedly caused by an under-the-seat heater on a prison bus. The individual plaintiff, who was being transported on the bus, sufficiently argues that he was burned after guards refused to reduce the heat. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: June 15, 2023, Case #: 13-21-00246-CV, Categories: Transportation, Negligence, Jurisdiction
J. Nickell finds that the insurer may have improperly denied uninsured motorist benefits to plaintiff following a collision because the expert witness's lack of appropriate medical credentials should have prohibited him from testifying regarding plaintiff's injury. Reversed in part.
Court: Kentucky Supreme Court, Judge: Nickell, Filed On: June 15, 2023, Case #: 2021-SC-0281-DG, Categories: Insurance, Experts
J. Fletcher finds that the district court properly denied preliminary injunctive relief to companies engaged in consumer debt collection in their action challenging Nevada Senate Bill 248 (SB 248), which requires debt collectors to provide written notification to debtors 60 days before taking any action to collect a medical debt. The companies alleged that S.B. 248 is unconstitutionally vague. The companies did not show a likelihood of success on the merits. Affirmed.
Court: 9th Circuit, Judge: Fletcher, Filed On: June 15, 2023, Case #: 22-15352, Categories: Constitution, Debt Collection
J. Hutchison partially grants the Randolph County Board of Education and its superintendent’s writ prohibiting enforcement of a lower court’s order denying the board’s motion to dismiss a former elementary school cook’s wrongful termination and retaliatory discharge suit on the jurisdiction and failure to state a claim grounds. The court grants the writ on the cook’s claims brought under the West Virginia Human Rights Act, since she has failed to establish a prima facie case she is a member of protected class, a prerequisite to by-pass the grievance process. Finding she has pled sufficient facts in her amended complaint, the court denies the writ on her whistleblower and First Amendment retaliation claims. Writ granted in part and denied in part.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: June 15, 2023, Case #: 22-0480, Categories: Education, Employment, Whistleblowers
J. Bell finds the district court improperly denied the news website owner’s petition for a writ of mandamus compelling the police department to disclose a report as to its investigation of its sweep of a homeless encampment. An affidavit provided by the police department asserts conclusions as to the potential effect of disclosing the full report but doesn’t explain why the records are confidential. Officers’ faces may remain redacted from video footage as the relevant statute provides that “any photograph of a peace officer … [is] not public information.” Affirmed in part. Reversed in part and remanded.
Court: Nevada Supreme Court, Judge: Bell, Filed On: June 15, 2023, Case #: 84389, Categories: Public Record, Police Misconduct
J. Loken finds a lower court properly convicted a defendant for conspiracy to distribute heroin and 50 to 500 grams of meth. The defendant argued that his 120 month prison sentence and four years of supervised release is unreasonable, and that the lower court erred in varying upward. However, the government sufficiently showed in court that the defendant conspired with two other associates to send and accept meth via U.S. postal service's priority mail. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: June 15, 2023, Case #: 20-2002, Categories: Drug Offender, Sentencing, Conspiracy
J. Alito finds that the court of appeal properly vacated defendant's conviction for theft of trade secrets on grounds of improper venue and properly determined double jeopardy did not occur in re-prosecuting defendant. Affirmed.
Court: US Supreme Court, Judge: Alito, Filed On: June 15, 2023, Case #: 21-1576, Categories: Theft, Double Jeopardy
J. Ruiz upholds the termination of two district employees due to a reduction in force. The workers fail to show the terminations were pretextual, or that the basis for the reduction in force was a sham.
Court: DC Court of Appeals, Judge: Ruiz, Filed On: June 15, 2023, Case #: 17-CV-1123 , Categories: Employment
J. Blackburne-Rigsby upholds the denial of a modification to workers' compensation order, in which the maintenance mechanic was found not to have a mental condition related to a work incident. The worker failed to offer nothing more than "generic and conclusory proffers regarding his modification claim." Affirmed.
Court: DC Court of Appeals, Judge: Blackburne-Rigsby, Filed On: June 15, 2023, Case #: 21-AA-0652 , Categories: Workers' Compensation
J. Stegner finds that the trial court erred in barring an ex-husband's claim that his interest in property jointly owned with his ex-wife was greater than 50%. The couple's divorce proceedings did not result in a final judgment on ownership of the property, so his claim is not subject to issue preclusion or claim preclusion. Joint tenancy is a rebuttable presumption that the ex-husband can overcome with evidence of a greater ownership interest.
Reversed.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: June 15, 2023, Case #: 49605, Categories: Family Law
J. Clark finds that the lower court properly denied a lender's request to renew a residential foreclosure action. The lender failed to revoke mortgage acceleration in a prior foreclosure attempt, and thus its subsequent action was dismissed as time-barred. Meanwhile, the motion to renew was not timely filed after changes had been made to the relevant law. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: June 15, 2023, Case #: 535168, Categories: Civil Procedure, Foreclosure
[Consolidated.] J. Wainer Apter finds that the appellate division properly held that trial courts should determine conditions to place on a defense medical examination on a case-by-case basis because trial courts have the ability to determine what to permit and what to forbid in such examinations, and disputes regarding third-party observation can be resolved without involving the court. Affirmed.
Court: New Jersey Supreme Court, Judge: Wainer Apter , Filed On: June 15, 2023, Case #: A-58-21, Categories: Civil Procedure, Negligence
[Consolidated.] J. Hodges finds that the lower courts properly confirmed an arbitration award in favor of the individuals and dismissed the company's petition to vacate the award. The award arose from a dispute with the company over whether the individuals are class B common stock shareholders in two related entities. The Fulton County trial court was not required to wait until the resolution of the company's motion to vacate in the Coweta County court before it could rule on the individuals' application to confirm the award. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: June 15, 2023, Case #: A23A0228, Categories: Arbitration
J. Neville finds that the lower court properly found that defendant did not receive effective assistance of retained postconviction counsel at a hearing on the state's motion to dismiss his postconviction petition. Retained counsel's presumption of reasonable assistance was rebutted when counsel failed to withdraw and to make amendments to defendant's pro se petition for an adequate presentation of his claims. Affirmed in part.
Court: Illinois Supreme Court, Judge: Neville, Filed On: June 15, 2023, Case #: 127789, Categories: Criminal Procedure, Ineffective Assistance
J. Elgo finds the trial court properly denied the property owner's renewed motion to open the judgment of foreclosure. It failed to provide evidence it had sufficient funds to substitute a cash bond for the judgment lien or was in the process of selling other pieces of real estate to come up with the funds, while the four-year litigation also weighed heavily against any further delay. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: June 15, 2023, Case #: AC45355, Categories: Civil Procedure, Property, Banking / Lending
J. Sudderth finds the trial court improperly set a $1 million bail for defendant, who is charged with murder. The bail is unreasonable, as it is 10 times more than he and his family could afford to pay, and there is little proof he is a safety threat. Reversed.
Court: Texas Courts of Appeals, Judge: Sudderth, Filed On: June 15, 2023, Case #: 02-23-00046-CR, Categories: Murder, Bail
J. Aarons finds that the lower court improperly dismissed property owners' request to review amendments to a city zoning ordinance that affects areas designated for mixed-use development. The resolution adopted by city council must be annulled for incorrectly stating that amendments did not require further environmental review before passage. Reversed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: June 15, 2023, Case #: 534460, Categories: Zoning
J. Garry finds that the lower court properly declined to review a state agency's denial of out-of-title work grievances concerning a union contract. Employees contend they were assigned duties at a higher civil service grade without commensurate pay, but since those duties were similar to duties contained in their grade, their only available relief was securing an order to cease the assignments. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: June 15, 2023, Case #: 534879, Categories: Employment, Labor / Unions
J. Wright finds the trial court properly terminated both parents’ rights to their daughter on findings of conduct and condition endangerment and their failure to comply with service plans as to their drug use, psychiatric issues and the father’s battery convictions. All evidence weighs in favor of termination. Testimony shows that the child is happy in her foster home and is considered part of that family. The child’s needs are met and the foster parents will adopt her upon termination. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: June 15, 2023, Case #: 09-23-00006-CV, Categories: Family Law, Guardianship
J. Gleicher finds that a newborn was properly removed from his father's custody because the father was incarcerated and his suggestion for placement did not constitute an appropriate situation. Affirmed.
Court: Michigan Court of Appeals, Judge: Gleicher, Filed On: June 15, 2023, Case #: 363388, Categories: Family Law
J. Seeley finds the lower court properly granted the employer's motion for summary judgment on labor law claims filed by a class of limousine drivers. Evidence shows the drivers did not work during one-hour unpaid meal breaks and used the time for their own benefits. Although the drivers were required to stay with their vehicles and remain within two miles of their next scheduled pickups, deposition testimony indicates they were able to go to malls and offtrack betting sites, converse with other drivers, and use their cell phones to surf the internet, all of which proved the time was not compensable under the relevant labor laws. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: June 15, 2023, Case #: AC44659, Categories: Evidence, Class Action, Labor
J. Clark finds that the lower court improperly granted plaintiff's request to enforce a settlement agreement with her late father's wife over his retirement accounts. While the parties had exchanged preliminary views on a purported settlement, no "meeting of the minds" occurred on enforceable terms and an agreement had not been put on record in open court. Reversed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: June 15, 2023, Case #: 535122, Categories: Settlements, Wills / Probate, Contract