178 results for 'filedAt:"2023-09-21"'.
J. Murray finds that the lower court properly granted a father's motion for summary judgment, dismissing a mother’s petition to involuntarily terminate the father’s parental rights to their three-year-old child. The mother cannot relitigate the issue of whether the father raped her, which is the basis for her petition seeking to terminate his parental rights. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: September 21, 2023, Case #: J-A20030-23, Categories: Civil Procedure, Guardianship
J. Greenholtz finds the lower court properly convicted defendant of two counts of driving under the influence and one count of reckless driving. Defendant claims statements he made to responding officers at the scene of his one-vehicle accident with a brick mailbox were illegally obtained because he was not given a Miranda warning. The lower court determined that defendant was not in custody at the time the statements were made, so Miranda was not required. Evidence is sufficient to support his convictions and effective 11-month, 29-day sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Greenholtz, Filed On: September 21, 2023, Case #: W2022-01560-CCA-R3-CD, Categories: Evidence, Miranda, Dui
J. Harris finds that the trial court properly dismissed defendant's petition for post-conviction relief that alleged ineffective assistance led to his conviction for aggravated sexual abuse of a child. Some of his post-conviction claims are barred because he previously raised them in a direct appeal, and the others are barred because he could have raised them on direct appeal. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: September 21, 2023, Case #: 20220225-CA, Categories: Ineffective Assistance, Sex Offender
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J. Beeler dismisses class claims against Evolve, an online vacation-rental company, that allege the company discriminates against non-U.S. citizens by only working with U.S. and Canadian customers. The company has its headquarters in Colorado and has done nothing to specifically target California, so the claims are tossed for lack of personal jurisdiction.
Court: USDC Northern District of California, Judge: Beeler, Filed On: September 21, 2023, Case #: 3:22cv6103, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Jurisdiction, Class Action
[Amended.] J. Kelly finds for the Secretary of Commerce on commercial fishermen and a trade association's challenge to the allocation of red grouper fishing privileges in the Gulf of Mexico. Contrary to their claims, the department did not use incorrect data or apply the data arbitrarily, while it did consider suitable alternatives.
Court: USDC District of Columbia, Judge: Kelly, Filed On: September 21, 2023, Case #: 1:22cv1260, NOS: Environmental Matters - Other Suits, Categories: Administrative Law, Commerce, Environment
J. Brown grants a car auction company's request to join its New York-based subsidiary as a necessary party to the complaint and subsequently dismisses a tow truck driver's class action New York Labor Law complaint alleging he was paid on a biweekly basis and that the company made unlawful deductions from his pay. The court finds the vast majority of the proposed class members currently live in the state of New York; thus it declines to exercise jurisdiction over their claims under the Local Controversy Exception of the Class Action Fairness Act.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: September 21, 2023, Case #: 2:22cv1257, NOS: Other Labor Litigation - Labor, Categories: Jurisdiction, Class Action, Labor
J. Renner finds that the trial court applied the wrong standard to deny a utility's challenge to a water district's eminent domain action seeking to take over part of the utility's electrical distribution system. The utility was not required to show that the water district grossly abused its discretion or that it lacked substantial evidence to support its resolution of necessity. Instead, the utility must simply show that one of the resolution's condemnation for public necessity elements or one of the condemnation for a more necessary public use elements is not supported by the preponderance of evidence. Vacated.
Court: California Courts Of Appeal, Judge: Renner, Filed On: September 21, 2023, Case #: C097529, Categories: Civil Procedure, Property, Water
J. Hudson finds that the trial court properly convicted defendant for murder. Any cumulative effect of errors did not deprive defendant of a fair trial. The charge of concealing stolen property is dismissed due to insufficient evidence. The sentence for meth possession is modified from 10 years in prison to 5 years. Affirmed in part.
Court: Oklahoma Courts Of Appeal, Judge: Hudson , Filed On: September 21, 2023, Case #: 2023 OK CR 15, Categories: Murder, Sentencing, Weapons
J. Silva grants the investment company and union's motion for $138,500 in attorney fees. The attorney acted recklessly by failing to voluntarily dismiss the union member's duty-of-fair-representation claim when it was clear that it was meritless. He also acted in bad faith by failing to inform opposing counsel/the court that he was abandoning an FMLA claim until after the issue had been fully briefed at summary-judgment, by misrepresenting evidence and case law, by raising novel arguments first in reply briefs and at oral argument, and by violating local rules. The investment company provides sufficient information on which to base an award of fees for work related to summary judgment.
Court: USDC Nevada, Judge: Silva , Filed On: September 21, 2023, Case #: 2:20cv1287, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment Discrimination, Attorney Fees, Attorney Discipline
Per curiam, the court of appeals conditionally grants the petition for a writ of mandamus compelling the trial court to vacate its order denying the group's request for reconsideration of its motion for leave to designate a responsible third party and sign an order granting leave to designate certain contractors as the third party. The group was hired to perform water extraction and drying services after a water leak in a pipe installed by another contractor flooded the first floor of the home. Civil Practice and Remedies Code requires the trial court to grant a motion for leave to designate the named person as a responsible third party unless another party files an objection to the motion for leave. The homeowner did not file an objection.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: September 21, 2023, Case #: 09-23-00086-CV, Categories: Construction, Due Process
J. Fleming grants the postmaster general's motion to dismiss, ruling the race discrimination and retaliation claims filed by the employee were fully litigated in his first lawsuit prior to its dismissal and, therefore, are barred by res judicata.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 21, 2023, Case #: 1:21cv2144, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
J. Stiglich finds that the hearing officer properly dismissed the corrections employee's appeal of a disciplinary action. The employee failed to attach the written notification of the action to the appeal form. This requirement is a procedural claim-processing rule, is not jurisdictional, and the failure to attach the written notice did not divest the hearing officer of jurisdiction. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: September 21, 2023, Case #: 83942, Categories: Civil Procedure, Employment, Jurisdiction
J. Starr refuses to dismiss as a untimely a worker's whistleblower case against a food manufacturer. The 3-day delay in service is excusable based, in part, on the fact the delay was not caused by the worker, and the manufacturer has been aware of the litigation and will not be prejudiced.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: September 21, 2023, Case #: 3:22cv2656, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Whistleblowers
J. Hixson finds the trial court improperly denied the property buyer’s motion for new trial after determining that the contract for deed was unenforceable being that only the seller had signed it. The contract was signed by the seller and, so, is enforceable against her according to Oklahoma title statutes. The fact that the buyer did not execute the agreement does render it invalid. Being the contract is enforceable, it granted equitable title to the buyer, making a constructive mortgage in favor of the seller. The buyer then defaulted, and the court properly granted judgment in favor of the seller on her breach of contract claim. Affirmed in part. Reversed in part and remanded.
Court: Oklahoma Courts Of Appeal, Judge: Hixson, Filed On: September 21, 2023, Case #: 120300, Categories: Property, Contract
J. Randolph finds the lower court properly convicted defendant of driving under the influence (DUI) third offense. Defendant was pulled over after almost colliding with a police vehicle on a roadway. During the traffic stop, the officer saw an open beer can in the console of the vehicle and smelled alcohol on the defendant, resulting in a certified DUI officer being called to the scene. The certified DUI officer administered a field sobriety test, which defendant failed, and she was taken into custody and ticketed for careless driving and driving under the influence. Defendant argues the lower court’s handling of jury instructions prejudiced the outcome of her trial, and that she received ineffective assistance from trial counsel. The instant court finds no error in the lower court’s handling of jury instructions and that the defendant abandoned her ineffective assistance of counsel claim by failing to state an issue. Affirmed.
Court: Mississippi Supreme Court, Judge: Randolph, Filed On: September 21, 2023, Case #: 2022-KA-00754-SCT, Categories: Ineffective Assistance, Dui, Jury Instructions
J. Perkins finds a lower court partly, improperly instructed a fiduciary services company to reimburse fees imposed on a conservatorship of a ward's estate, who lacks capacity to make compensation decisions. The fiduciary services company argued that the lower court properly awarded its request for fees. However, the conservator presented sufficient evidence in court that the fiduciary services company is obligated to reimburse fees for failure to submit notice for non-compliance, which precludes compensation. Reversed.
Court: Arizona Court Of Appeals Division One, Judge: Perkins, Filed On: September 21, 2023, Case #: 1 CA-CV 22-429, Categories: Evidence, Fiduciary Duty, Attorney Fees