142 results for 'filedAt:"2023-07-25"'.
J. Horton dismisses the shareholder's appeal from an order of dismissal in his action against the company and three other shareholders. The order dismissed two of the three counts, while the remaining count was dismissed by stipulation of the parties. The notice of appeal was untimely, and the motion for a protective order did not "prevent the judgment from being final." Accordingly, the court lacks jurisdiction.
Court: Maine Supreme Court, Judge: Horton, Filed On: July 25, 2023, Case #: 2023ME40, Categories: Civil Procedure, Jurisdiction, Business Practices
J. Parker finds that the lower court properly terminated the parental rights of the mother and the father to the child. Contrary to their arguments on appeal, the evidence sufficiently supports the lower court's findings. Specifically, there was evidence of domestic violence between the parents, as well as drug abuse and missed drug screens. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: July 25, 2023, Case #: 07-23-00091-CV, Categories: Evidence, Family Law
[Consolidated.] J. Pan denies petitions filed by bin Laden’s personal assistant to vacate his conspiracy conviction or remand to the military commission for resentencing. The evidence supports his conviction and he fails to show there was an abuse of discretion during sentencing.
Court: DC Circuit, Judge: Pan, Filed On: July 25, 2023, Case #: 22-1097 , Categories: Sentencing, Conspiracy, Terrorism
J. Dever denies, in part, an individual's motion to dismiss an investment company's claims related the individual's alleged misappropriation of funds from its virtual wallet. The company sufficiently pleads its claims for conspiracy and conversion.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: July 25, 2023, Case #: 5:22CV503, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Securities, Conversion
J. Lee finds that the lower court properly found that an individual was not exempt from a garnishment from his banking account. He claims his account should be exempt because the account contained community property assets. The bank reduced its claim against him before the individual's marriage, a key element of the individual's exemption argument, which means the judgment was timely obtained and the exemption does not apply. Affirmed.
Court: Washington Court Of Appeals, Judge: Lee, Filed On: July 25, 2023, Case #: 56982-5-II, Categories: Banking / Lending
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[Consolidated.] J. Solomon finds that the appellate division properly admitted evidence regarding the marketing of pelvic mesh medical devices that allegedly caused plaintiff's injuries. Such evidence generally is inadmissible, but negligence claims in the instant action are premised on whether the manufacturer performed clinical trials or studies, which opened the door to the evidence at issue. Affirmed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: July 25, 2023, Case #: A-21-21, Categories: Evidence, Product Liability
J. Bumb allows an employee to continue claims contending she had been fired in violation of the company's Covid-19 leave policy for taking time off when her daughter's day care center closed due to the virus. The leave approval letter appeared to directly contradict the company's policy, and while the company promised to guarantee the employee's position through a certain date, she was fired before that date.
Court: USDC New Jersey, Judge: Bumb , Filed On: July 25, 2023, Case #: 1:22cv1218, NOS: Employment - Civil Rights, Categories: Employment, Covid-19
[Consolidated.] J. Pfeiffer finds that the lower court improperly ordered the man removed from the state's sex offender registry. Missouri's sex offender laws require lifetime registration for any sex offender who has been required to register under federal sex offender laws. Reversed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: July 25, 2023, Case #: WD85246, Categories: Sex Offender
J. Rubin finds that the trial court properly granted the neighborhood advocacy group's request for a writ of mandate preventing the city from following through on a project that would replace apartments subject to rent stabilization with a hotel. The advocacy group argues that the project is not consistent with a general plan policy concerning the preservation of affordable housing, and the record does not indicate that the city weighed and balanced all applicable policies regarding preservation of affordable housing and relocation of tenants. Affirmed.
Court: California Courts Of Appeal, Judge: Rubin , Filed On: July 25, 2023, Case #: B321050, Categories: Municipal Law, Housing
J. McDonough grants the sports bar defendants' motion for reconsideration and partially grants their motion for sanctions, which seeks the exclusion of certain documents for the "alleged failure to timely disclose this evidence." The court also grants partial summary judgment in favor of the promoter, as to the issue of liability for copyright infringement in this dispute involving the broadcast of a boxing match.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: July 25, 2023, Case #: 3:20cv382, NOS: Cable/Sat TV - Other Suits, Categories: Copyright, Evidence, Sanctions
J. Riedmann finds that the county court improperly continued the protection order sought by the mother for her minor son. The mother alleges that the son's former boss tried to intimidate her son into returning to work, a place where he was allowed to consume alcohol, and which affected his grades at school. Nothing in the record shows that the employer's conduct would threaten or intimidate a reasonable person. Alleged text message threats were not offered into evidence, and the mother's testimony is insufficient to support a finding that the employer engaged in threats or intimidation. Reversed and remanded.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: July 25, 2023, Case #: A-22-787, Categories: Evidence, Restraining Order
J. Walker finds that the district court improperly dismissed fraud claims contending defendant misled a restaurant franchiser about a lender's wherewithal to provide a loan and equity investment because the franchiser of such brands as Fatburger and Johnny Rockets established that New York's long-arm and agency statutes applied to out-of-state individuals who conspired with in-state actors.
Court: 2nd Circuit, Judge: Walker, Filed On: July 25, 2023, Case #: 21-2023-cv, Categories: Fraud, Agency, Jurisdiction
Per curiam, the circuit finds that the trial court properly ordered restitution be paid by defendant for his participation in a criminal conspiracy that obtained Covid-19 emergency relief funds through the theft of identities used to apply for loans and unemployment insurance. The foreseeable loss as to defendant's role was properly calculated based on transactions conducted by him and other conspirators. The presentence report detailed the total amount deposited into PayPal accounts from the agencies at $2.3 million and recommended that defendant be held responsible for that amount. Though other conspirators have absconded, a single participant is responsible for all actions committed in furtherance of the crime. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 25, 2023, Case #: 22-30289, Categories: Evidence, Fraud, Identity Theft
J. Stark finds the circuit court correctly used its discretion to grant the property owner a default judgment against the zoning appeals board for failing to timely respond to his complaint for certiorari review of the board's denial of his appeal of its decision finding that two cabins next to his property did not fit the definition of a "resort" under county zoning ordinances. The property owner followed proper civil procedure by filing a summons and complaint with the circuit court and serving the board with those documents, and the circuit court applied the proper standard of law by entering a default judgment when the board failed to timely file a responsive pleading. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Stark, Filed On: July 25, 2023, Case #: 2022AP001577, Categories: Civil Procedure, Zoning
J. Baker finds that the trial court properly dismissed defendant's speedy trial motion and convicted him for drug distribution. The state failed to show a valid reason for the more than three-year delay and he did not waive his right to a speedy trial, but he was not prejudiced since his pretrial incarceration was not oppressive and he failed to show that pending charges in Montana increased the anxiety he felt while jailed in Idaho. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: July 25, 2023, Case #: DA 21-0624, Categories: Drug Offender, Speedy Trial
J. Sykes dismisses the suspect's claim that the city's officers unreasonably used a police canine to bite the suspect's lower left leg during the course of his arrest. Although the bite was a relatively moderate intrusion on the suspect's Fourth Amendment interests and lasted approximately 37 seconds, the first 27 seconds consisted of the suspect crawling out of the doghouse while the officer cautiously approached to secure his arms, at which point the officer immediately began removing the dog.
Court: USDC Central District of California, Judge: Sykes, Filed On: July 25, 2023, Case #: 8:17cv2263, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Boomgaarden finds that the lower court properly denied defendant's request to correct his sentence regarding his sexual abuse of a minor convictions. Defendant's claims are barred because while he claims to challenge his sentence, he instead is offering only challenges to his underlying convictions. His appeal is further barred by the doctrine of res judicata. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: July 25, 2023, Case #: S-23-0055 , Categories: Sentencing, Sex Offender
[Consolidated]. J. Arnold finds a lower court properly dismissed a multi- national Israeli pharmaceutical company's patent revocation claims against a Japanese patent holder. The pharmaceutical company argued that is entitled to enter the incontinence market in the U.K. However, the Japanese patent holder provided sufficient evidence in court that the company would infringe on its patent if allowed to distribute an overactive bladder medication in the U.K. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Arnold, Filed On: July 25, 2023, Case #: CA-2022-1348, Categories: Patent, Settlements
J. Broderick finds a hospital properly terminated the employment of a doctor. The doctor was diagnosed with several degenerative disorders and was on a leave of absence to seek medical treatment. After the expiration of his leave, the hospital terminated the doctor’s employment, finding that he could no longer perform the duties of his job. Though the doctor claims he was discriminated against due to his disability and the hospital breached his employment contract, the instant court agrees with the hospital and finds the doctor is unable to perform his duties, even with reasonable accommodation, without affecting the safety of the patient. Finding no discrimination or breach of contract, the instant court grants the hospital’s motion for summary judgment and the doctor’s claims are dismissed.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: July 25, 2023, Case #: 17cv9606, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Contract
J. Bright finds that the lower court properly ruled in favor of a car dealership in an employment discrimination dispute brought by a former employee who claimed pregnancy and gender discrimination. There was “uncontroverted evidence of a non-discriminatory reason” for the termination decision. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright , Filed On: July 25, 2023, Case #: AC 45471, Categories: Employment Discrimination
J. Seeger partially declines an insurance company's motion to dismiss a suit brought by a woman whose roof was damaged in a storm. The insurance company decided the damage to the woman's roof didn't rise above her deductible under her policy, but the woman alleges the insurance company is trying to cheat her out of the coverage she is owed. The insured has sufficiently alleged her breach of contract and Illinois insurance code violation claims, but not her fraud claim.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: July 25, 2023, Case #: 1:22cv3744, NOS: Insurance - Contract, Categories: Fraud, Insurance, Contract
J. Darrow rules a civilian may pursue sex harassment claims under the Fourteenth Amendment against a police officer. The civilian sufficiently showed that the police officer sent her unwanted, sexually charged text messages, including "Hello Hot stuff," and then grabbed her body parts after showing up in an unwanted visit to her home.
Court: USDC Central District of Illinois, Judge: Darrow, Filed On: July 25, 2023, Case #: 1:22cv1089, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Emotional Distress