165 results for 'filedAt:"2023-10-26"'.
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the petitioner's request for writs of mandamus and prohibition to compel a jury trial after contempt proceedings were initiated. There is no right to a jury trial during civil contempt proceedings and he had an adequate remedy to challenge the court's jurisdiction through a direct appeal of any adverse ruling. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: October 26, 2023, Case #: 2023-Ohio-3864, Categories: Civil Procedure, Contempt
J. Schock finds the trial court properly sentenced defendant as a level 1 drug offender after he pleaded guilty to distribution of methamphetamine. Although conspiracy charges require level 2 sentences under Colorado law, the crime of which defendant was convicted was not a conspiracy charge, but rather a level 1 offense that required a corresponding level 1 sentence. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schock, Filed On: October 26, 2023, Case #: 2023COA98, Categories: Drug Offender, Sentencing
J. Mathis finds the trial court properly imposed an enhanced sentence under the Armed Career Criminal Act after defendant was convicted of being a felon in possession of a firearm. His previous juvenile conviction for possession of a firearm while committing second-degree murder qualifies as a crime of violence under the Act. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: October 26, 2023, Case #: 22-1840, Categories: Firearms, Juvenile Law, Sentencing
J. May finds that defendant was properly convicted of murder because defendant's contention that he only shot at and killed the victim while suffering a seizure was not supported by evidence indicating defendant knowingly committed the acts. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: October 26, 2023, Case #: 22A-CR-01241, Categories: Evidence, Murder
J. Boyle finds the lower court properly granted permanent custody of the child to family services. The mother failed to complete the drug rehabilitation portion of her case plan, refused to submit to drug screenings and could not provide a safe home for the child, who has a strong bond with her foster family. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: October 26, 2023, Case #: 2023-Ohio-3889, Categories: Evidence, Family Law
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J. Leeson grants UGI’s motion to remand this adverse employment case, originally filed in state court, for lack of proper venue. The federal removal statute requires the court to remand any case where doubt exists as to whether the removal was proper, and doubt exists here.
Court: USDC Eastern District of Pennsylvania, Judge: Leeson, Filed On: October 26, 2023, Case #: 5:23cv3169, NOS: Employment - Civil Rights, Categories: Employment, Venue, Contract
J. Luthy finds that the lower court improperly dismissed a charge of domestic violence against defendant after he called his adoptive brother, who is married to his ex-wife, and said "you and that f***ing whore have it coming." This statement can reasonably be interpreted as a threat of violence, which violated the protective order forbidding defendant from communicating, directly or indirectly, with his ex-wife. Reversed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: October 26, 2023, Case #: 20220073-CA, Categories: Domestic Violence
J. Gustafson finds for the commissioner of internal revenue in claims seeking a deduction for a charitable easement. As an inventory item, the appraised value of the tract of land was not entitled to a deduction for the full appraised value.
Court: U.S. Tax Court, Judge: Gustafson, Filed On: October 26, 2023, Case #: 2023-129, Categories: Tax
J. Stinson grants summary judgment to the Air Force in this dispute over the denial of the contractor’s request that it rescind its unilateral modification assessing a credit of $493,639 in costs for a deductive change to the contract for heating, ventilation and air conditioning systems at Tinker Air Force Base. A subcontractor submitted a bid then determined that the work was not required and did not price it. Evidence shows that the subcontractor recognized an ambiguity in the contract regarding whether the work was required but did not seek clarification. The contractor’s motion for summary judgment admits knowledge of the ambiguity, pre-award.
Court: Armed Services Board Of Contract Appeals, Judge: Stinson, Filed On: October 26, 2023, Case #: 63148, Categories: Government, Military, Contract
J. Collins finds that the superior court properly denied the property developer’s request for a writ of mandate challenging Los Angeles’ denial of its request for a zoning change to comply with standards involving construction of a housing subdivision in a high wildfire hazard area. Though specific zones are not expressly listed in the general plan, they are incorporated by reference because the general plan allows all zones, even those that are “more restrictive” than those listed. A rezoning exemption cited by the developer does not apply. Affirmed.
Court: California Courts Of Appeal, Judge: Collins, Filed On: October 26, 2023, Case #: B314750, Categories: Construction, Environment, Zoning
J. Miller finds the trial court properly sentenced the 18-year-old defendant on his convictions for murder, assault with a firearm and shooting at an inhabited building. The court of appeals remanded the original 40-years-to-life sentence, which was changed to 25-to-life after certain enhancements were dismissed after considering defendant’s developmental issues. The trial court fully considered its non-dismissal of the firearm enhancement. Defendant does not claim the court abused its discretion and no abuse of discretion is found. According to the record, it is not reasonably probable the court would have reached a different result if it believed certain statutory mitigating circumstances also applied. Affirmed.
Court: California Courts Of Appeal, Judge: Miller, Filed On: October 26, 2023, Case #: A166053, Categories: Firearms, Murder, Sentencing
J. Hoffstadt finds the trial court properly dismissed this suit brought by the Macanese gaming club operator seeking to enforce a nearly $10 million gambling debt against a California resident. Though California has legalized certain types of gambling, the prohibition on using the courts to enforce gambling debts, which extends back to English common law, is meant to discourage the creation of such debts and their resultant consequences. The law is rational and the courts do not uphold it simply for the sake of tradition. Affirmed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: October 26, 2023, Case #: B317918, Categories: Debt Collection, Choice Of Law
J. Ceresia finds that the lower court properly found for a law firm on reargument in legal malpractice claims concerning representation received by a wife in divorce proceedings because the wife failed to counter the expert affidavit of a matrimonial attorney, a former Supreme Court justice who opined that the attorney's strategy to overturn the separation agreement as unconscionable would not have succeeded. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: October 26, 2023, Case #: 535469, Categories: Experts, Legal Malpractice
[Consolidated.] J. Pipkin finds that the trial court improperly denied the mother's motion to dismiss a petition brought by the grandparents seeking to modify an existing grandparent visitation order. The grandparent visitation statute does not authorize a grandparent to initiate an action to modify an existing visitation order. Reversed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: October 26, 2023, Case #: A23A0999, Categories: Family Law
J. Stranch finds the lower court properly denied the police officer's motion for qualified immunity because neither the Japanese immigrant's failure to immediately produce his American driver's license nor his decision to exit the vehicle and inspect his headlight gave the officer probable cause to detain him or conduct field sobriety tests. The officer was immediately aware the Japanese immigrant spoke little to no English, and so the delay in producing the license and inspection of the headlight, which prompted the initial traffic stop, were not erratic behavior that shields the officer from liability after she improperly administered sobriety tests and misread a breathalyzer. Affirmed.
Court: 6th Circuit, Judge: Stranch, Filed On: October 26, 2023, Case #: 22-2058, Categories: Civil Rights, Immunity
J. Lynch finds that a report of maltreatment by a mother was properly forwarded to the state's central register of child abuse because, even though she made progress in therapy, evidence established that the mother's alcohol use interfered with parenting and caused her to perpetrate domestic violence against the child's father. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: October 26, 2023, Case #: 534451, Categories: Family Law
J. Pitts declines to dismiss claims in a trademark dispute between two real estate companies that use similar marks and branding. One of the companies, Realmark Holdings, moved to toss the suit on a number of grounds, ranging from improper venue to failure to state a claim, but the court has jurisdiction to hear the case and there are enough factual disputes that merit the case moving forward.
Court: USDC Northern District of California, Judge: Pitts, Filed On: October 26, 2023, Case #: 5:23cv3275, NOS: Trademark - Property Rights, Categories: Trademark
J. Dick denies the insurance company's motion motion to vacate the appraisal award following the damage to the insured's property caused by Hurricane Zeta. The insurance company's appraiser had the opportunity to to participate in the appraisal process, but chose not to, so there is no basis for vacating the award.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: October 26, 2023, Case #: 3:22cv318, NOS: Insurance - Contract, Categories: Property
Per curiam, the Kentucky Supreme Court finds that reciprocal discipline should be imposed upon attorney Jay Rosenberg based on the permanent disbarment order entered in Virginia. He processed thousands of real estate deeds that contained significant errors and which had not been reviewed by a Virginia-licensed attorney before delivery to clients.
Court: Kentucky Supreme Court, Judge: Per curiam, Filed On: October 26, 2023, Case #: 2023-SC-0273-KB, Categories: Attorney Discipline
J. Rice dismisses the registered nurse's complaint that the healthcare company did not provide meal breaks, did not pay all overtime wages and excluded higher Covid-19 pay rate into overtime pay rate calculation while she worked for Renal Care Group. The registered nurse does not sufficiently allege facts under the regulatory factor that the healthcare company was a joint employer, because she does not show that the healthcare company had the power to hire, fire, supervise or otherwise control her work and pay.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: October 26, 2023, Case #: 2:23cv180, NOS: Other Labor Litigation - Labor, Categories: Covid-19, Class Action, Labor