156 results for 'filedAt:"2023-10-19"'.
J. Palafox finds a lower court ruled correctly in denying special appearance in a lawsuit stemming from a car crash. The trucking company argued this court did not have jurisdiction over the matter, but in fact the trucking company “purposefully availed itself of the privilege of conducting activities in Texas” and had the minimum contacts necessary for this court to have jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: October 19, 2023, Case #: 08-23-00066-CV, Categories: Vehicle, Damages, Jurisdiction
J. Hodges finds that the trial court improperly granted defendant a special demurrer to quash an indictment charging him with child molestation. The state narrowed the time frame in which the victim alleged the offense occurred as much as reasonably possible in the indictment to a 30-day range. The victim was not able to identify the date the alleged touching occurred. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 19, 2023, Case #: A23A1106, Categories: Sex Offender, Child Victims
J. Fisher finds that the lower court properly held a father in willful violation of two custody orders and awarded the mother sole custody of their son. The father contends he acted in the boy's best interests by trying to protect him against Covid-19, but evidence supports the willfulness finding. Meanwhile, the custody award and the decision to limit the father to psychologist-supervised visitation was supported by a sound basis. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: October 19, 2023, Case #: 533921, Categories: Family Law, Covid-19
J. Chen finds that the San Francisco Bay Area city of San Rafael can enforce restrictions on the size and locations of homeless encampments in the city, but can only do so if it modifies its original anti-camping ordinance to be less restrictive. "While the city is permitted to break up the encampment at issue, the city must allow 400-square-foot encampments, housing up to four people, and may impose a 100-foot buffer between campsites instead of 200-foot butter. The city must also ensure there is a process clearly identifying permissible sites and an orderly process by which such sites may be allocated or claimed."
Court: USDC Northern District of California, Judge: Chen, Filed On: October 19, 2023, Case #: 3:23cv4085, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Housing
J. Neville finds that the lower court improperly sentenced defendant to life in prison for the murder of an unborn child and intentional homicide of the mother. Defendant was only found guilty of one murder, so the sentencing law applicable to multiple murder convictions does not apply in this case. Reversed.
Court: Illinois Supreme Court, Judge: Neville, Filed On: October 19, 2023, Case #: 128269, Categories: Murder, Sentencing
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J. Marks grants motion for summary judgment and dismisses all of the claims brought by Nigeria against three Alabama State University employees after a dispute began over residual scholarship funds. Nigeria has failed to produce the evidence in support of the claims of declaratory judgment, negligent or wanton hiring, conversion and unjust enrichment.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: October 19, 2023, Case #: 2:21cv572, NOS: Other Contract - Contract, Categories: Education, Conversion, Contract
J. Hodges finds that the trial court properly convicted defendant of child molestation and invasion of privacy. The trial court correctly admitted photos taken by the victim into evidence which depicted defendant's phone after she discovered the phone recording her in a bathroom. Circumstantial evidence supported the admission of the photos. Defendant failed to show that the trial court's use of the word "incident" during the victim's testimony had any impact on the trial outcome. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 19, 2023, Case #: A23A0848, Categories: Ineffective Assistance, Sex Offender, Child Victims
J. Dato finds that the trial court mistakenly held that a bankruptcy trustee's abandonment of a property after a visitor was injured there protected her from liability for the visitor's injuries. The abandonment retroactively reverted title and possession to the debtors but it did not operate retroactively for the purpose of establishing liability. And the Barton rule does operate to deprive the trial court of jurisdiction. Reversed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: October 19, 2023, Case #: D080534, Categories: Bankruptcy, Civil Procedure, Negligence
J. Richardson finds the lower court properly granted summary judgment to the department store on sex-based wage discrimination claims. The male employee worked as a graphic designer and had a meaningfully different role at the company than the plaintiff female content creator and part-time photographer so she did not identify a similarly-situated comparator. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: October 19, 2023, Case #: 21-2328, Categories: Employment, Employment Discrimination
J. Reynolds Fitzgerald find that the lower court properly denied a husband's objections to an order entered by the support magistrate. The husband was due spousal support relief after his job was eliminated during the Covid-19 pandemic, but the income imputed to him, while correctly including household expenses that had been paid by his current wife, should not have included nonrecurring payments, such as the value of a Mexican vacation. Affirmed in part.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: October 19, 2023, Case #: 535531, Categories: Family Law, Covid-19
Per curiam, the court of appeals finds that the appellate division improperly dismissed a mother's request for the return of her children from their father's out-of-state home. Whether the mother lacked standing to seek habeas relief without a custody order should not have impacted jurisdiction for appellate review, and on remittal an "expeditious determination" on the standing question should occur. Reversed in part.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: October 19, 2023, Case #: 60, Categories: Civil Procedure, Family Law
J. Duffin grants the manufacturer's motion for sanctions against the insurance company for violations of discovery rules in the company's lawsuit over fires caused by the manufacturer's defective dryers. The company litigating a motion to compel documents that its expert had already purchased in some form from a third party was an abuse of the discovery process, so even though the federal rule the manufacturer cites does not apply to discovery requests, the motion is granted in that it is awarded costs and fees it incurred responding to the company's motion to compel. The insurance company's motion to reopen discovery in light of a recall of dryers that occurred shortly after discovery closed is denied.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: October 19, 2023, Case #: 2:20cv1455, NOS: Tort Product Liability - Real Property, Categories: Tort, Product Liability, Discovery
[Consolidated.] J. Dillard finds that the trial court properly ruled partially in favor of the driver in a negligence action brought by the individual arising from a car collision. There is no evidence that the driver had a history of causing accidents while driving and using a phone, therefore there is no showing of a pattern of dangerous driving and the individual was not entitled to an award of punitive damages. The trial court correctly refused to find in favor of the driver on the issue of whether an award against the individual is permissible under the statute for bad faith. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: October 19, 2023, Case #: A23A0730, Categories: Damages, Negligence
J. Chutz finds that the trial court improperly ruled in favor of the surety and dismissed a construction sub-subcontractor's claims involving a payment dispute. The surety had not been released from its bond obligations to the sub-subcontractor, so its exceptions of no cause of action and no right of action should not have been sustained. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chutz, Filed On: October 19, 2023, Case #: 2023CA0012, Categories: Civil Procedure, Construction, Contract
J. Singas answers a certified question from the second circuit by finding that the plain language of New York insurance law does not apply to discretionary payments made into interest-bearing policy accounts as part of a universal life insurance policy. Unlike term or whole life policies that mandate fixed, periodic premiums and refund paid portions upon death, universal policies allow payments in any amount at any time that applies to the policy value.
Court: New York Court Of Appeals, Judge: Singas, Filed On: October 19, 2023, Case #: 59, Categories: Civil Procedure, Insurance
J. McShan finds that the lower court improperly classified defendant as a risk level three sex offender with sexually violent and predicate offender designations. Defendant, who had been deemed a level two offender for past offenses, was not notified that behaviors underlying juvenile adjudications and concurrent change-of-address violations would be proffered in an attempt to raise the risk level. Reversed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: October 19, 2023, Case #: 533074, Categories: Sentencing, Sex Offender
J. Rosenthal denies, in part, a landlord's motion to dismiss a commercial tenant's claims arising from the landlord's termination of the lease due to the tenant's construction of a commercial kitchen on the property, which had been approved by the former landlord. There is a question of fact whether the signed remodeling plans modified the lease and are binding on the current landlord.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: October 19, 2023, Case #: 4:23cv2794, NOS: Other Contract - Contract, Categories: Landlord Tenant, Contract
J. Gleason grants a crowd management company's motion to dismiss an individual's claims that its employees confronted him at the fairgrounds, took a bag he was holding, grabbed his arm and threw him to the ground. The company is a private company, not a state entity, therefore he has not shown that the company's employees were acting as state actors during the incident. The individual is granted leave to amend "to adequately plead state actors committed First and Fourth Amendment violations."
Court: USDC Alaska, Judge: Gleason, Filed On: October 19, 2023, Case #: 3:23cv153, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Golemon finds the county court improperly denied the Texas Department of Transportation’s motion for no evidence summary judgment and to dismiss this personal injury suit brought by the motorcyclist who crashed due to hitting a pothole. The pothole was not a special defect caused by the department’s actions and there is no evidence that the agency had actual knowledge of the danger of the pothole when the accident occurred. There is no waiver of sovereign immunity under the Texas Tort Claims Act without this evidence, and the trial court lacks subject matter jurisdiction. Reversed and rendered.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 19, 2023, Case #: 09-22-00256-CV, Categories: Government, Vehicle, Negligence
Per curiam, the Florida Supreme Court amends the rules of general practice and judicial administration related to public access to and protection of judicial branch records in sealed criminal cases in accordance with recent statutory changes.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: October 19, 2023, Case #: SC2023-1320, Categories: Judiciary
Per curiam, the Fifth Circuit finds the district court properly denied defendant’s habeas corpus petition. Defendant was found guilty of murdering two women who were spreading word of two other murders he committed, and his trial counsel did not object to the families’ testimony regarding the effects of their loved ones’ deaths. Defendant’s state habeas attorneys neither abandoned him nor rendered ineffective assistance by not contesting his competency to waive further habeas proceedings. Defendant fails to show cause under relevant case law for procedurally defaulting his claim regarding counsel’s performance. He has also not shown a substantial likelihood that his full medical report would have changed the outcome of the competency hearing. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 19, 2023, Case #: 22-70001, Categories: Competence, Habeas, Murder
J. Stras finds a lower court improperly denied three corrections officers' motion for qualified immunity. An estate administrator argued that corrections officers failed to attempt to resuscitate an inmate who had ingested fentanyl, which resulted in death by overdose. However, the corrections officers sufficiently showed in court that the lower court may have "tilted the scales too far" in the estate administrator's favor. Remanded.
Court: 8th Circuit, Judge: Stras, Filed On: October 19, 2023, Case #: 22-1843, Categories: Civil Rights, Immunity, Wrongful Death