183 results for 'filedAt:"2023-08-31"'.
J. Easterly upholds the Board of Elections' decision that a certain individual, a non-practicing attorney, could not be placed on the ballot to run for attorney general in the June 2022 primary election. A candidate must be working as an attorney to run for election.
Court: DC Court of Appeals, Judge: Easterly, Filed On: August 31, 2023, Case #: 22-AA-0276 , Categories: Elections
J. Moll finds the trial court properly granted the seller's motion for summary judgment on the buyer's counterclaim for breach of contract. The asset purchase agreement between the parties clearly removed any liability from the seller regarding unemployment tax assessments, whether they were made before or after the buyer became successor owner of the business. However, the trial court erroneously admitted several checks mailed by the buyer after it was sued because the memo line on one check, which read "CCICW Settlement," was clearly an attempt by the buyer to settle the dispute and, therefore, could not be used as proof the seller failed to mitigate its damages. Therefore, the case will be remanded to determine the amount of interest owed to the seller. Affirmed in part.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: August 31, 2023, Case #: AC44975, Categories: Tax, Damages, Contract
J. Biran agrees with a hearing judge's determination to suspend an attorney until further notice after she violated multiple professional conduct rules. In one case, she failed to respond to her client's inquiries about his bankruptcy case and her assistant said the client should meet her, not the attorney, at a liquor store to pay a $300 filing fee before he could meet with the attorney. The client refused, saying he would pay at the attorney's office, but when he arrived, she was not there. When the client filed a complaint with bar counsel, although the attorney had not done any work on his behalf and did not refund him for fees he paid, she knowingly lied that she had done research on his behalf. This conduct, along with similar behavior in another case, warrants indefinite suspension of the attorney. Affirmed.
Court: Supreme Court of Maryland, Judge: Biran, Filed On: August 31, 2023, Case #: C-03-CV-22-003423, Categories: Attorney Discipline
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J. Brown tosses a self-represented litigant’s complaint brought against New York State and three state court judges stemming from a state mortgage foreclosure action and related eviction proceedings. The litigant alleges the defendants conspired to deprive him of his property without due process. The court had argued the defendants were all protected by judicial immunity, and his response to the court’s order to show cause largely fails to counter those arguments.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: August 31, 2023, Case #: 2:23cv3421, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Due Process, Foreclosure
J. Gould agrees in part with the intermediate court's decision that a son's allegation of stockholder oppression is sufficient in a suit he brought against his parents' food distribution firm. The son had a share equal to that of his brother, and he was promoted quickly. His father moved to Thailand and the board made the brother president of the firm against the son's wishes. When the son attempted to get information from human resources for a dividend study, his brother and their mother blocked the request, and the son was fired shortly thereafter. As the son was an employee and a stockholder, his family's conduct foiled his logical expectations of remaining employed, input as a manager and receiving shareholder profits, which is sufficient to proceed. However, the son fails to successfully argue breach of fiduciary duty and unjust enrichment. Affirmed in part.
Court: Supreme Court of Maryland, Judge: Gould, Filed On: August 31, 2023, Case #: C-13-CV-21-000666, Categories: Fiduciary Duty, Partnerships, Business Practices
J. Barbier grants a request by the mother of a 14-year-old girl who was kidnapped and sexually abused by a 53-year-old New Orleans police officer, barring the now-incarcerated ex-cop, the City and its former police chief from re-litigating the child’s criminal claims in her civil suit. They argue that the officer pleaded guilty in the criminal case and did not mount a vigorous defense to the girl’s allegations because of poor health, including three heart attacks, a stroke, and a likely terminal brain tumor. The City, the former police chief and the ex-cop all unsuccessfully argued without any legal authority that his health condition is a special circumstance that could prevent his guilty plea in the criminal case from being used in the child rape victim’s civil suit.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: August 31, 2023, Case #: 2:21cv407, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Evidence
J. Jackson-Akiwumi finds that the lower court properly dismissed the police association's "novel" claim against the AP and Indianapolis Star demanding that the news outlets remove previously published libelous information from their websites. The news organizations had previously published articles reporting that police departments around the country took issue with fundraising mailers the association sent residents, characterizing the solicitations as deceptive. There is no basis for the association's theory of liability. Affirmed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: August 31, 2023, Case #: 22-1639, Categories: Public Record, Defamation, Technology
J. Boulee grants the insurance company's motion to intervene as a plaintiff in a declaratory judgment action brought by the insurers against the insured. The action arises from a coverage dispute related to an underlying lawsuit against the insured for allegedly improper construction work. Although the company could protect its interests by filing its own action against the insurers, allowing the company to intervene in the instant action is in the interest of judicial economy.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: August 31, 2023, Case #: 1:22cv2739, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
J. Sanchez grants a petition for review of the Board of Immigration Appeals' dismissal of an appeal of an immigration judge’s order denying defendant's application for cancellation of removal. A conviction under a certain section of the Oregon Revised Statute does not constitute a crime involving moral turpitude stemming from a previous incident for threatening his wife with a bread knife.
Court: 9th Circuit, Judge: Sanchez, Filed On: August 31, 2023, Case #: 20-73447, Categories: Immigration
Vice Chancellor Cook dismisses claims challenging a private placement transaction that included a majority shareholder of the company for failure to sufficiently allege that audit committee directors lacked independence from the majority shareholder.
Court: Delaware Chancery Court, Judge: Cook , Filed On: August 31, 2023, Case #: 2022-0310-NAC, Categories: Fiduciary Duty
J. Pechman denies summary judgment to the insurance company against the insured's bad faith claim in her lawsuit alleging that the insurance company must cover her claim for injuries to her neck, back and shoulder she sustained when an uninsured motorist struck her vehicle and horse trailer. The bad faith claim cannot be resolved with summary judgment at this time because the insured and the insurance company present contrasting and competing evidence, and to weigh in the insurance's company's favor would mean ignoring the insured's expert's opinions in an unfavorable way.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: August 31, 2023, Case #: 2:22cv1116, NOS: Insurance - Contract, Categories: Evidence, Insurance, Contract
J. Borman denies a steamship steward assistant's motion to exclude an expert in claims contending he fell from a flight of stairs while carrying sundries because the expert, who had held a Coast Guard officer's license for 40 years, was qualified to opine on ship safety practices.
Court: USDC Eastern District of Michigan, Judge: Borman, Filed On: August 31, 2023, Case #: 2:21cv10650, NOS: Marine - Torts - Personal Injury, Categories: Maritime, Negligence, Experts
J. Earp denies the former employer's motion for reconsideration, ruling it was aware from the outset of the litigation of the employment agreements with the employee who left to join a competing pharmaceutical company and, therefore, there is no reasonable explanation as to why it left its declaratory judgment claim out of the original suit. The addition of a declaratory judgment claim also increases the potential damages for the employee and the competing company, which supports this court's previous decision to deny the employer's motion to amend its complaint. Affirmed.
Court: North Carolina Business Court, Judge: Earp, Filed On: August 31, 2023, Case #: 2023 NCBC 60, Categories: Civil Procedure, Trade Secrets, Contract
J. Dever partly dismisses a citizen's complaint that his freedom of speech was violated by the chair-at-large of a county health and human services department after he was physically removed from several public hearings for not wearing a face mask. The chair-at-large allegedly ordered a number of sheriffs at the public hearings to remove the citizen as the chair was adamantly pro-mask in regards to Covid-19 safety protocols. However, the citizen argues that she prevented him from speaking altogether by using his choice to remain unmasked as an excuse to bar him from participating. His argument that the sheriff arrested him "to make an example of him" is not sufficient concerning his forcible removal from one meeting, thus it is dismissed. However, he plausibly argues that the chair violated his right to free speech, and he is given leave to file an amended complaint.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: August 31, 2023, Case #: 7:22cv179, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Covid-19, First Amendment
J. Attrep finds the lower court properly determined the eleven roads located on private property are public by way of prescriptive easement. Evidence in the record indicates they had been used openly by the public since at least the 1930s for hunting, recreation and work related to cattle ranching, among other things. Meanwhile, the court properly awarded expert witness costs to the state for the mapmakers and their assistants, all of which were documented extensively and recoverable under New Mexico law. Affirmed.
Court: New Mexico Court of Appeals, Judge: Attrep, Filed On: August 31, 2023, Case #: A-1-CA-38739, Categories: Government, Property, Transportation
J. Briscoe finds that the lower court improperly convicted defendant of murder. During trial, the lower court did not allow defendant's attorney to request a jury instruction on the theory of imperfect self-defense. By not allowing that theory to be delivered to the jury, defendant was prejudiced as it unfairly influenced his conviction. Vacated.
Court: 10th Circuit, Judge: Briscoe, Filed On: August 31, 2023, Case #: 22-7012 , Categories: Murder, Self Defense, Jury Instructions
J. Collins finds that the district court properly entered judgment in a matter in which an immigrant entered a conditional guilty plea to unlawful reentry by a previously removed alien. The immigrant claimed that his indictment should have been dismissed on the ground that the removal order underlying his unlawful reentry charge was invalid due to an error by the immigration judge. The immigrant was still subject to a general rule in which he may not challenge the validity of his predicate removal order. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: August 31, 2023, Case #: 21-10260, Categories: Immigration
J. Christiansen Forster finds that an appeals board supported its conclusion that an employee suffered retaliation with evidence of adverse actions. Her supervisor intensified his public reprimands of her after she complained that he had made unwelcome comments about her appearance. However, the board erred in ordering her reinstatement as she voluntarily retired early. On remand the board must determine the attorney fees she paid to file her Antidiscrimination Act claim. Reversed in part.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: August 31, 2023, Case #: 20200391-CA, Categories: Attorney Fees, Employment Retaliation
J. Rose denies the property owner's motion for a preliminary injunction, ruling he is unlikely to succeed on his equal protection claim stemming from the city's re-zoning denial. His land, currently zoned for agriculture use, cannot be used for operation of an industrial business, which gave the city a legitimate reason to issue a cease-and-desist order. Meanwhile, the property owner has no constitutional right to operate his truck repair business on the agriculturally-zoned land; therefore, his due process claims are also likely to fail.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: August 31, 2023, Case #: 3:23cv146, NOS: Other Civil Rights - Civil Rights, Categories: Zoning, Equal Protection, Injunction
J. Pitt-Burke vacated the default judgment against individual defendants in a lawsuit stemming from a $2.1 million order for KN95 masks that, when delivered, were not for medical use as required by the contract. It is undisputed that neither the company, the individual defendants, nor any of their agents committed the alleged tortious acts while physically within the boundaries of New York. Therefore, the court should have granted the individual defendants' motion to vacate the default judgment against them. However, there is no meritorious excuse for the company's failure to respond to the complaint. Reversed in part.
Court: New York Appellate Divisions, Judge: Pitt-Burke, Filed On: August 31, 2023, Case #: 04480, Categories: Tort, Damages, Jurisdiction
J. Fisher finds that the lower court properly denied defendant habeas relief from a parole warrant containing more than a dozen violations. Proceedings held during pendency rendered the appeal moot, but an exception existed on the question of whether parolees may be held for revocation hearings after they secure bail release for subsequent crimes. Defendant received a quick recognizance hearing but was detained on a securing order for the pending revocation hearing, and thus no violation occurred. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: August 31, 2023, Case #: CV-22-2085, Categories: Habeas, Parole