149 results for 'filedAt:"2023-10-12"'.
J. Lemmon grants a request by an insurance company to compel arbitration of two homeowners’ hurricane damage claims and to stay their suit against the insurer pending the outcome of the out-of-court negotiations. The court is not persuaded by the homeowners’ contention that a distinction should be made between arbitration clauses and other forum selection clauses because, they unsuccessfully argue, arbitration clauses deprive the court of jurisdiction.
Court: USDC Eastern District of Louisiana , Judge: Lemmon, Filed On: October 12, 2023, Case #: 2:22cv1256, NOS: Insurance - Contract, Categories: Arbitration, Civil Procedure, Damages
Per curiam, the appellate division finds that the lower court properly ruled for the music management company on its breach of contract suit against a hit songwriter. The songwriter is collaterally estopped from claiming that the management company's alleged disloyalty affected its performance. In addition, he cannot argue there was a conflict of interest due to the manager's business dealings with nonparty Prescription Songs, as the songwriter retained independent counsel for negotiations of this separate dispute. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 12, 2023, Case #: 05181, Categories: Contract
Per curiam, the Ninth Circuit denies a petition for panel rehearing and reversed a judgment of the district court granting an immigrant's habeas petition challenging his continued immigration detention. Reversed.
Court: 9th Circuit, Judge: Per curiam, Filed On: October 12, 2023, Case #: 20-16245, Categories: Habeas, Immigration
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J. Boyle finds the trial court properly denied the patient's motion for a new trial on medical malpractice claims. The testimony provided by the nurse anesthetist's expert witness did not exceed the scope of his qualifications and, even if it did, the patient's counsel invited the error when he cross-examined the witness about the standard of care required for anesthesiologists. Meanwhile, comments made by the nurse's attorney about expert witness fees and the length of the nurse's career during open and closing arguments did not prejudice the jury or constitute misconduct, but merely commented on the credibility of witnesses. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: October 12, 2023, Case #: 2023-Ohio-3715, Categories: Evidence, Experts, Medical Malpractice
Per curiam, the appellate division finds that the lower court improperly denied the landlord's partial motion for summary judgment on the tenant's breach of guaranty and awards it $37,000 for water and sewer charges and repayment of the brokerage commission. However, claims regarding the constitutionality of the guaranty law must be remanded for further development of the record. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 12, 2023, Case #: 05180, Categories: Landlord Tenant
J. Kilbane finds the trial court erroneously failed to inform defendant of the state's right to extend his prison sentence if certain conditions were met at the conclusion of the minimum portion of his indefinite sentence and, therefore, the case must be remanded to allow for proper sentencing instructions. Meanwhile, the trial court properly denied defendant's motion to withdraw his guilty plea because at the time he entered the plea, he was not under duress or the influence of any drugs, and was represented by competent counsel whom he admitted was "a great attorney." Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Kilbane, Filed On: October 12, 2023, Case #: 2023-Ohio-3713, Categories: Sentencing, Plea, Kidnapping
J. Blanchard finds the circuit court properly denied defendant's motion to suppress evidence in his child pornography case based on police officers' violation of Wisconsin statutes setting a time limit for executing a search warrant once it is issued. The police did not violate the relevant statutes by taking almost two months to complete an off-site forensic analysis of a computer and other digital devices seized from defendant's home, as under the statutes the term "execute" applies to the physical search of a place and seizure of items, and the police satisfied the statute's five-day deadline to execute a search warrant by searching defendant's home three days after the warrant was issued. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Blanchard, Filed On: October 12, 2023, Case #: 2022AP002060-CR, Categories: Evidence, Search, Child Pornography
J. Rosenthal refuses to dismiss a Houston-based company's action seeking more than $1 million in damages against two of its former executives who face criminal action in Mexico. Contrary to their argument, U.S. law, rather than Mexican law, applies to the case; therefore, they are not shielded from providing discovery of documents that may be incriminating.
Court: USDC Southern District of Texas, Judge: Rosenthal , Filed On: October 12, 2023, Case #: 4:22cv3385, NOS: Other Contract - Contract, Categories: Energy, Choice Of Law, Contract
Per curiam, the appellate division finds that the lower court properly denied a man's motion to confirm an order of attachment for lack of jurisdiction. The bank's participation in real estate acquisitions and stock trades on the New York Stock Exchange are unrelated to the man's claims, and cannot serve as a basis for establishing jurisdiction in New York. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 12, 2023, Case #: 05184, Categories: Jurisdiction, Banking / Lending
J. Robart denies the motion of Dave Ramsey, a nationally-syndicated radio talk show host, to strike the customers' class allegations that Ramsey and others promoted Reed Hein & Associates to induce them to buy timeshares with the false promise of complete refunds upon termination of the contracts. This case is still in its earliest stages with unresolved issues, such as the court not yet issuing a scheduling order for discovery and class certification.
Court: USDC Western District of Washington, Judge: Robart, Filed On: October 12, 2023, Case #: 2:23cv630, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Class Action, Contract
J. Rickman finds that the trial court improperly upheld the administrative law judge's decision in favor of the agency in an action brought by the water works arising from a dispute over a National Pollutant Discharge Elimination System permit. The permit imposed new limits for fecal coliform bacteria and total residual chlorine in discharges into a river. Genuine issues of fact exist as to whether the water works' combined sewer overflows have a reasonable potential to cause an excursion above the applicable water quality standard. Reversed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: October 12, 2023, Case #: A23A0857, Categories: Environment, Water
J. Branch denies the individuals' petition for review of the decision by the Federal Aviation Administration greenlighting projects to expand Lakeland Linder International Airport to accommodate a deal leasing an air cargo area to Amazon. The individuals alleged that the FAA violated the National Environmental Policy Act during the approval process by improperly segmenting the projects and conducting inadequate cumulative impacts analyses. The FAA satisfied the Act's requirements and its analysis was rigorous. The individuals failed to show that the FAA broke the projects up to avoid a more difficult environmental review.
Court: 11th Circuit, Judge: Branch, Filed On: October 12, 2023, Case #: 21-14476, Categories: Environment, Aviation
J. Benavides conditionally grants in part the relators' petition for a writ of mandamus, in which they challenge certain rulings in the underlying negligence case to grant a protective order and to quash their discovery requests. The lower court abused its discretion as it relates to certain "school and day care records," as well as certain counseling records. Additionally, there is no adequate remedy by appeal.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: October 12, 2023, Case #: 13-23-00354-CV, Categories: Civil Procedure, Negligence, Discovery
J. Crawford adopts the magistrate judge’s report and recommendation and denies the plaintiff’s motion to invoke arbitration and the third-party defendants’ counterclaim motion to compel arbitration in this royalty agreement lawsuit. The court finds no error in assessment of credibility and weighing of evidence. The third-party defendants did not join the plaintiff’s complaint and were parties to previous arbitrations.
Court: USDC Vermont, Judge: Crawford, Filed On: October 12, 2023, Case #: 5:19cv243, NOS: Other Contract - Contract, Categories: Arbitration, Civil Procedure, Contract
J. Furman finds the lower court did not violate the homeless woman's due process rights when it ordered her involuntarily confined and required the administration of stabilizing medication. The dangers posed by her delusions, which were confirmed by a psychiatric expert, outweighed the need for her attorney to conduct discovery. The woman was able to meet with her attorney prior to the hearing and has failed to point to any evidence that would have altered the outcome of the hearing; therefore, the court properly denied her motion for a continuance. Affirmed.
Court: Colorado Court Of Appeals, Judge: Furman, Filed On: October 12, 2023, Case #: 2023COA95, Categories: Health Care, Due Process
J. Rushing finds the lower court properly granted summary judgment to the Adidas on racketeering claims. The once highly touted basketball player failed to show how the bribery scheme initiated to get the prospect to play for Louisville personally injured him or his business. Affirmed.
Court: 4th Circuit, Judge: Rushing , Filed On: October 12, 2023, Case #: 21-1764, Categories: Racketeering
Per curiam, the appellate division finds that attorney Dennis Durkin should be suspended for six months as a result of disciplinary action taken in his home state of New Jersey, where he was suspended for one year following lengthy proceedings that concerned his representation of multiple clients, as such misconduct would have resulted in discipline in New York. Reinstatement in New York will be conditioned on reinstatement in New Jersey.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 12, 2023, Case #: PM-243-23, Categories: Attorney Discipline
[Consolidated.] J. Pipkin finds that the trial courts properly rejected challenges by companies to decisions by the Georgia Access to Medical Cannabis Commission, denying their applications for licenses to produce cannabis and manufacture low THC oil. Challenges related to the issuance of Class 1 production licenses are moot because the commission has already issued all of the available licenses. The Georgia Administrative Procedure Act does not authorize judicial review of the companies' unsuccessful post-award protests to the Class 2 application process and applicant selection. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: October 12, 2023, Case #: A23A0862, Categories: Administrative Law
J. Nye denies the state and school board's motion to dismiss individuals' and a student organization's allegations that Idaho Senate Bill 1100, which requires that public school students use the bathroom or locker room that corresponds with their biological sex, is unconstitutional. "The fact that other courts have found merit in similar claims against the backdrop of regulations similar to S.B. 1100 weighs against finding that Plaintiffs’ claims are wholly implausible." The temporary restraining order on implementing S.B. 1100 will be extended by 21 days to "provide enough time for school districts to identify and designate restrooms, changing facilities, and overnight accommodations in a manner consistent with S.B. 1100."
Court: USDC Idaho, Judge: Nye, Filed On: October 12, 2023, Case #: 1:23cv315, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Constitution
J. Jones dismisses this defamation and invasion of privacy suit brought by the debtor against an employee of his creditor alleging that false and defamatory statements were made to other creditors in the proceedings and to reporters “seeking to generate publicity against [the debtor] ... to leverage and enhance” the position of the creditor. The debtor has not satisfied any option for showing good cause under local rules and fails to respond to the creditor’s argument that the debtor had “text-message[s] prior to the filing of his” opposition brief, but chose not to include them at filing. The debtor provides little context for the text messages which the creditor argues “do not reference this action or relate to the allegations.”
Court: USDC Nevada, Judge: Jones, Filed On: October 12, 2023, Case #: 3:23cv128, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Evidence, Defamation, Banking / Lending
J. Major grants in part the individual's motion to compel discovery in his case accusing the law firm of violating his due process rights while litigating against him in a divorce case by retaining a private judge who was biased in favor of the law firm. The firm must provide documents showing its policies or procedures for screening potential conflicts of interests when choosing cases and private judges. One of the attorneys must also produce all written communications between him and the private judge for a specified time period, other than those in which another attorney was copied.
Court: USDC Southern District of California, Judge: Major, Filed On: October 12, 2023, Case #: 3:22cv437, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Discovery