112 results for 'filedAt:"2023-10-10"'.
J. Rivas-Molloy finds the lower court improperly found in favor of a driver in this matter concerning negligence. A driver hit a cow that was roaming in the highway, and sued the owner of the land upon which the cow was kept. While the lower court found the property owner liable, the instant court finds evidence is insufficient to show that the property owner was responsible as the driver did not show that the property owner owned or controlled the cow, nor did it show that the property owner was responsible for maintaining the property. The driver is to take nothing on his claims against the property owner. Reversed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: October 10, 2023, Case #: 01-20-00610-CV, Categories: Evidence, Damages, Negligence
J. Glasgow finds the lower court improperly conducted a hearing regarding de facto parentage of a child. While the mother presented testimony and the petitioner cross-examined her, she was not permitted to cross-examine the petitioner after his testimony. The matter is remanded for further proceedings. Reversed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: October 10, 2023, Case #: 57171-4-II, Categories: Family Law
J. Gardner finds that the lower court improperly dismissed as untimely the delivery driver's appeal of a finding he had been overpaid $4,900 in regular and $11,000 in pandemic unemployment benefits because he left his job voluntarily. The driver's May 25 letter should have been treated as an appeal of the division's determination, rather than as an application for review of the appeals tribunal's decision. Reversed.
Court: Missouri Court Of Appeals, Judge: Gardner, Filed On: October 10, 2023, Case #: ED110938, Categories: Administrative Law, Civil Procedure, Employment
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J. Wray finds the lower court properly ordered fees earned by the attorney to be paid by the estate because under New Mexico law, he was entitled to payment for reasonably necessary fees after being appointed guardian of the estate. There was no evidence the attorney's work was duplicative or excessive, but rather, the children's testimony showed the work was for the benefit of their mother and, therefore, the attorney was entitled to be paid out of the estate's assets. Affirmed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: October 10, 2023, Case #: A-1-CA-40419, Categories: Guardianship, Attorney Fees
J. Currault denies a request by insurance giant Allstate to issue an order barring a former insurance agent from obtaining information about its contacts with his former clients for his breach of contract suit. Only Allstate communications with the agent’s customers who have non-Allstate products are relevant to his remaining claims alleging the insurer engaged in certain fraudulent statements or unfair trade practices after he was fired.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: October 10, 2023, Case #: 2:22cv2052, NOS: Insurance - Contract, Categories: Fraud, Insurance, Discovery
J. D’Agostino rules on a partial motion to dismiss and trims a trademark dispute lawsuit that alleges a small restaurant in a town nestled on the edge of Oneida Lake in upstate New York infringes on the Old Spaghetti Factory trademark name. The court finds the use of the trademark name could cause confusion with customers, but does not find that the restaurant operator acted in bad faith.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: October 10, 2023, Case #: 6:23cv13, NOS: Trademark - Property Rights, Categories: Trademark
Per curiam, the Ninth Circuit grants Rob Bonta, the Attorney General of California's, emergency motion for a partial stay of a district court ruling finding that a ban on high-capacity magazines is unconstitutional. The Attorney General showed that California will be "irreparably harmed absent a stay pending appeal by presenting evidence that large-capacity magazines pose significant threats to public safety."
Court: 9th Circuit, Judge: Per curiam, Filed On: October 10, 2023, Case #: 22-55805, Categories: Constitution, Firearms
J. Hanisee finds the lower court properly granted the dealership's motion to compel arbitration. While the vehicle sales contract barred any award of punitive damages against the dealership, it was not unconscionable or unenforceable, as it allowed the buyer to pursue treble damages specified in New Mexico's Unfair Practices Act. Affirmed.
Court: New Mexico Court of Appeals, Judge: Hanisee, Filed On: October 10, 2023, Case #: A-1-CA-39940, Categories: Arbitration, Damages, Contract
J. Arnold finds a lower court properly sentenced a defendant, who pleaded guilty of assault by a habitual offender on a Native American reservation, to 24 months in prison after he violated probation. The defendant argued that the imposition was excessive. However, the government sufficiently showed in court that the defendant abruptly disappeared, tested positive for meth, and then dodged authorities who were investigating whether or not he stole a van. Affirmed.
Court: 8th Circuit, Judge: Arnold, Filed On: October 10, 2023, Case #: 23_1513, Categories: Drug Offender, Probation, Sentencing
J. Brown finds a lower court properly imposed a father's obligation to pay child support. The father argued that the lower court erred in imposing extra monetary relief based on an agreement he had with his former spouse. However, the mother is entitled to support based on her sole decision making status, which entitles her to $998 per month. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Brown, Filed On: October 10, 2023, Case #: 1 CA-CV 22-451 FC, Categories: Family Law
J. Kuehn disbars attorney Lance T. Lance pursuant to disciplinary proceedings for grievances and convictions on criminal cases. The attorney pled no contest to DUI, violation of a protective order, possession of meth, possession of drug paraphernalia and obstructing an officer. Formal complaints were filed against the attorney for failure to appear on clients’ behalf, failure to communicate with clients, failure to complete work, failure to complete continuing legal education and the unauthorized practice of law while under suspension. All evidence supports the court’s decision.
Court: Oklahoma Supreme Court, Judge: Kuehn, Filed On: October 10, 2023, Case #: 2023 OK 98, Categories: Administrative Law, Attorney Discipline
Per curiam, the appellate division finds that the lower court properly denied the press outlet's request for costs and attorneys' fees in a Freedom of Information Act suit. The information sought by the outlet was not maintained by the city, and the city was not required to create a new record in order to comply with the request, although it ultimately chose to do so. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 10, 2023, Case #: 05098, Categories: Public Record, Attorney Fees
J. Eklund finds the trial court properly granted the trustees' motion for summary judgment because declaratory judgment claims filed by the property owner were mooted when their 1-year term on the owners' association expired, while the court also properly denied the owner's motion to compel mediation, which is a voluntary process. Affirmed.
Court: Ohio Court Of Appeals, Judge: Eklund, Filed On: October 10, 2023, Case #: 2023-Ohio-3688, Categories: Civil Procedure, Property
J. Coghlan finds that the lower court properly found for the county, which denied the convicted murderer's request for 35 autopsy photographs of his victim. The county did not act in bad faith when it found the photos exempt from disclosure out of respect for the personal privacy of the victim's privacy. This interest far outweighs the claim that the photos could prove the convicted man's innocence. Affirmed.
Court: Illinois Appellate Court, Judge: Coghlan, Filed On: October 10, 2023, Case #: 211656, Categories: Public Record
J. Hernandez grants Costco’s motion for summary judgement in this civil action where the police were called when an individual’s shopping behavior was suspicious. The loss prevention specialist believed the behavior to be a “pushout” in process. The individual fails to present evidence that is more than “merely colorable” or establishes the material facts.
Court: USDC Oregon, Judge: Hernandez, Filed On: October 10, 2023, Case #: 3:23cv172, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Weiler finds for the commissioner of internal revenue in due process claims concerning efforts to collect on tax liability because the settlement officer did not abuse her discretion, and genuine issues did not remain in dispute.
Court: U.S. Tax Court, Judge: Weiler, Filed On: October 10, 2023, Case #: 2023-123, Categories: Tax
J. Thapar finds the trial court properly admitted the victim's statement, which was recorded on a police officer's body camera, during defendant's trial for possession of a firearm by a felon. The statement was taken less than 15 minutes after defendant loaded the weapon and pointed it at the victim and, therefore, qualified as an excited utterance. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: October 10, 2023, Case #: 22-3686, Categories: Evidence, Firearms
J. Bumb declines to impose a temporary restraining order against the university and a professor who allegedly sexually assaulted a PhD student and hindered her progress by giving her poor scores on several tests. The university is fully aware of the student's complaint and an investigation is pending into the assault. Meanwhile, the university had two new graders blindly re-score the student's failed test. Meanwhile, that she contends she is a strong student does not mean retaliation claims will likely succeed.
Court: USDC New Jersey, Judge: Bumb , Filed On: October 10, 2023, Case #: 1:23cv20657, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Restraining Order
J. Witt finds that the lower court improperly found for the insurer in a suit seeking damages for an employee's asbestos exposure while working for its predecessor in the 1970s. A genuine issue of material fact remains as to whether the insurer had a valid policy of workers' compensation insurance with enhanced mesothelioma benefits at the time she filed her workers' compensation claim. Reversed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: October 10, 2023, Case #: WD85464, Categories: Asbestos, Workers' Compensation
J. Carlton finds the lower court properly convicted defendant of burglary for stealing equipment from a shed at the Hattiesburg Department of Public Works, and sentenced him to seven years in the custody of the Mississippi Department of Corrections. Defendant argues the jury should have been instructed on the lesser-included offense of larceny, but the instant court makes clear that larceny is a lesser-nonincluded offense, and defendants are no longer entitled to those instructions.The instant court finds no error in the lower court's findings. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Carlton, Filed On: October 10, 2023, Case #: 2022-KA-01118-COA, Categories: Burglary, Evidence, Jury Instructions
J. Carlton finds the lower court properly convicted defendant of nine counts of touching of a child for lustful purposes for inappropriate touching of three minor girls, for which he was sentenced to 35 years in the custody of the Mississippi Department of Corrections. Defendant argues the lower court should have granted his motion for severance and should have held three separate trials, but the lower court found the cases with each girl to be connected and part of a common scheme. The lower court did not abuse its discretion in denying the motion and the instant court found it properly instructed the jury to consider each count separately. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Carlton, Filed On: October 10, 2023, Case #: 2022-KA-00851-COA, Categories: Sex Offender