160 results for 'filedAt:"2023-08-03"'.
J. Jabar dismisses this appeal from probate court as interlocutory. The appellant challenges a ruling that a certain document was not a "valid holographic will." However, the lower court did not address all of the issues raised in the appellant's counter-motion. Accordingly, the order was not a final judgment, and the appeal is due to be dismissed.
Court: Maine Supreme Court, Judge: Jabar, Filed On: August 3, 2023, Case #: 2023ME44, Categories: Civil Procedure, Wills / Probate
J. Markey finds that the trial court properly dismissed fraud claims after a catering business failed to pay on its debt, its credit was downgraded, and an individual loaned it money believing the company was solvent. The business did not conceal its financial status prior to obtaining the loan, therefore the individual failed to state any claim in the case.
Court: Michigan Court of Appeals, Judge: Markey, Filed On: August 3, 2023, Case #: 361855, Categories: Fraud
J. Lee finds that the lower court properly sanctioned the attorney for his attempts to enforce a judgment against his former clients in defiance of a court order disqualifying him from prosecuting this matter due to his former representation. The attorney was not entitled to disregard the order simply because he disagreed with it. His suit is dismissed and he must pay his former clients' legal fees in connection with this appeal. Affirmed.
Court: 7th Circuit, Judge: Lee, Filed On: August 3, 2023, Case #: 22-2691, Categories: Enforcement Of Judgments, Attorney Fees
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Rose denies all parties' motions for summary judgment, ruling that while the robotic development software is based on similar programs, it is distinct enough that it cannot be considered "open-source;" however, because the developer allowed the European clients to make copies of the source code, there are questions of fact as to whether there is a valid copyright claim and neither party is entitled to judgment at this stage.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: August 3, 2023, Case #: 3:20cv216, NOS: Copyrights - Property Rights, Categories: Copyright, Trade Secrets
[Consolidated.] J. Chou finds that the trial court erred when it invalidated a voter-approved parcel tax to fund schools. The qualified special tax meets statutory requirements as it applies uniformly to every nonexempt taxpayer and the same formula is applied to every improved parcel in the school district. Reversed.
Court: California Courts Of Appeal, Judge: Chou, Filed On: August 3, 2023, Case #: A164935, Categories: Elections, Tax
J. Jabar finds that the lower court improperly affirmed a decision of a city's zoning board of appeals that dismissed an appeal for lack of standing. The board of appeals erred when it determined that the nonprofit lacked standing to appeal the issuance of certain permits related to an aquaculture project. Specifically, the board failed "to consider the entire record" when making the standing determination. Also, the facts in the record show that the nonprofit was an aggrieved party. Vacated.
Court: Maine Supreme Court, Judge: Jabar, Filed On: August 3, 2023, Case #: 2023ME43, Categories: Administrative Law, Civil Procedure, Environment
J. Wilson finds the lower court properly dismissed defendant’s petition for writ of habeas corpus. Defendant was found guilty of two counts of attempted first-degree murder and received an effective 47-year sentence. Defendant argues the trial court lacked subject matter jurisdiction, and that his convictions were void under the State’s improper notice of enhanced punishment. But the instant court finds defendant’s claims are without merit as his assertions would not void the judgments even if found to be true. The lower court did not abuse its discretion and defendant is not entitled to relief. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wilson, Filed On: August 3, 2023, Case #: M2022-00857-CCA-R3-HC, Categories: Habeas, Murder, Sentencing
J. Wilson finds the lower court properly convicted defendant of driving under the influence (DUI), to which he pleaded guilty, and sentenced him to 11 months, 29 days in confinement per his plea agreement. Also in the agreement is that the trial court would determine the manner of service, and it ordered the sentence to be served at 75 percent and to run consecutive to a life sentence he was on parole for at the time of the DUI. The trial court did not abuse its discretion in sentencing. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wilson, Filed On: August 3, 2023, Case #: M2022-01334-CCA-R3-CD, Categories: Sentencing, Dui
Per curiam, the court of appeals upholds the Office of Administrative Hearings' order that a worker is entitled to partial unemployment benefits after he was terminated for simple workplace misconduct. His attempt to misappropriate funds is not considered gross misconduct, as the company was relatively unaffected, no money was misappropriated and the incident was isolated. Affirmed.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: August 3, 2023, Case #: 20-AA-0480 , Categories: Employment, Labor
J. Theofanis denies an investment firm's request to appeal the trial court's denial of its motion for summary judgment in a lease dispute. Allowing for the firm to appeal the trial court's ruling would be of no benefit to the parties, nor would it lead to a conclusion of the litigation. Denied.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: August 3, 2023, Case #: 03-23-00306-CV, Categories: Civil Procedure, Contract
J. Whitehead grants the consent decree between the conservation ecology organization and the Washington Department of Fish and Wildlife arising from a lawsuit alleging that the department's hatchery programs violated the Endangered Species Act because they did not undergo the required reviews and they affect Puget Sound steelheads. Among other stipulations, Fish and Wildlife officers shall work with the conservation ecology organization to conduct systemic snorkel surveys on the North Fork Skykomish River and the South Fork of the Tolt River.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: August 3, 2023, Case #: 2:21cv169, NOS: Environmental Matters - Other Suits, Categories: Environment, Government, Settlements
J. Eddins finds the family court improperly denied a wife’s motion to set aside a default judgment against her in a divorce proceeding, entered in family court after she did not attend several hearings and missed discovery deadlines. Due a struggle with finding representation after her attorney withdrew and other attorneys cited conflict of interest as the husband had previously sought them out, and compounded with personal and financial issues, the wife’s absence from the proceedings is excusable and not indicative of willful manipulation of the legal system. The husband had further misrepresented each of their financial situations when proposing the property division in the divorce decree. Vacated.
Court: Hawai'i Supreme Court, Judge: Eddins, Filed On: August 3, 2023, Case #: SCWC-1-844, Categories: Family Law, Enforcement Of Judgments, Discovery
J. Jenkins holds that the lower courts properly found that state law preempts Monterey County's Measure Z, which passed in 2016 and bans oil and gas wastewater injection and the drilling of new oil and gas wells. The measure cannot be reconciled with the Public Resource Code, which regulates the development of oil and gas resources. The measure's outright ban on certain production methods contradicts the Code's mandate that the state oil and gas supervisor has the authority to consider all methods and practices. Affirmed.
Court: California Supreme Court, Judge: Jenkins, Filed On: August 3, 2023, Case #: S271869, Categories: Energy, Environment, Preemption
J. Varlan grants the state and federal defendants' motions to dismiss this pro se lawsuit alleging that they "failed to discontinue the use of electronic voting machines," which the individual plaintiffs contend are "easily able to be accessed." The plaintiffs seek injunctive relief to prevent the use of "any electronic voting equipment or method" in the state, along with a recount of the 2020 elections. However, they fail to establish a particularized injury, instead claiming it is "highly likely" that some machines were "connected to the Internet or transmitted data that manipulated votes." Accordingly, they lack standing, and the court lacks jurisdiction.
Court: USDC Eastern District of Tennessee , Judge: Varlan, Filed On: August 3, 2023, Case #: 3:22cv370, NOS: Voting - Civil Rights, Categories: Civil Procedure, Elections, Jurisdiction
J. Smith finds that the lower court properly entered a final decree of divorce, establishing custody and possession of the minor child. Contrary to the father's argument on appeal, it was not an abuse of discretion to appoint the mother as sole managing conservator of the child and to enjoin the father from giving the child CBD oil with THC. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: August 3, 2023, Case #: 05-22-00578-CV, Categories: Evidence, Family Law
J. Connors finds that the lower court improperly awarded spousal support and distributed the parties' property in this divorce proceeding because it failed to identify the appellant's "current or projected income." Accordingly, the court is unable to adequately review the lower court's financial rulings, and the matter is remanded for a finding as to his income. Vacated in part.
Court: Maine Supreme Court, Judge: Connors, Filed On: August 3, 2023, Case #: 2023ME45, Categories: Evidence, Family Law
J. Orme finds that the trial court failed to allow defendant to address the court prior to sentencing on drug and weapons charges. Trial courts have an affirmative duty to provide criminal defendants an opportunity for allocution, which allows the trial court to evaluate a defendant's sincerity and to ask defendant for clarification of issues a defendant may have raised in writing. It also allows a defendant to confer with counsel during sentencing. Reversed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: August 3, 2023, Case #: 20210476-CA, Categories: Drug Offender, Sentencing, Weapons
J. Melgren grants the U.S. Department of Defense's secretary's motion to transfer employment discrimination claims brought by a retired Department of Defense employee who is Jewish. The Department of Defense sufficiently showed in court that the proper venue to hear his claims that all of his job applications were unsuccessful, based on sex and religious beliefs, is the Eastern District of Virginia.
Court: USDC Kansas, Judge: Melgren, Filed On: August 3, 2023, Case #: 6:23cv1025, NOS: Employment - Civil Rights, Categories: Employment, Jurisdiction, Employment Discrimination
J. Pallmeyer addresses a nutrition company’s motion to dismiss a product liability complaint brought by the parents of a child who developed necrotizing enterocolitis from drinking the company’s tainted baby formula. This consolidated case comprises dozens of individual necrotizing enterocolitis complaints filed in multiple districts, and this motion in particular concerns whether the venue for a specific complaint should be the District of Kansas, as the nutrition company argues, or the District of Western Missouri, as the parents argue. The court has decided Kansas is the proper venue as that is where the majority of the case's action took place, so it dismisses the individual complaint from Missouri with the inclination to allow the parents to file an amended complaint in the proper venue.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: August 3, 2023, Case #: 1:22cv2011, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Jurisdiction, Venue
J. Doty grants the employer's motion to dismiss the employees' suit alleging that the employer's Covid-19 vaccination policy and requirements that unvaccinated employees be masked and socially distance in the workplace brought about or constituted religious discrimination. The employees have not exhausted their administrative remedies, their claims are untimely, and they fail to state a claim . Leave to amend is also denied given these determinations.
Court: USDC Minnesota, Judge: Doty, Filed On: August 3, 2023, Case #: 0:23cv595, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination