181 results for 'filedAt:"2023-11-09"'.
J. Boomgaarden finds that the lower court properly dismissed claims from an insurance company that brought a negligence action against a tenant leasing a commercial property that sustained fire damage. Under the relevant insurance documents and agreements between the insurance company, the property owner and the tenant, it was "reasonably expected" that the insurance company, not the tenant, would be tasked with compensation for any losses stemming from fire damage. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: November 9, 2023, Case #: S-23-0052, Categories: Insurance, Landlord Tenant
J. Hagen finds that a county failed to show that state taxing authorities unconstitutionally applied the Aircraft Valuation Law in taxing aircraft owned by Delta Air Lines. The state used a unitary approach to determine the property value of the aircraft and the county did not present evidence that the method was inadequate or that it violated the fair market value provision of the state constitution. Affirmed.
Court: Utah Supreme Court, Judge: Hagen, Filed On: November 9, 2023, Case #: 20210938, Categories: Property, Tax
J. Moore finds that the lower court improperly granted the state's petition to deny defendant pretrial release. Defendant was arrested and detained prior to the effective date of the Safety, Accountability, Fairness and Equity-Today Act, and the state's petition to detain was therefore untimely. Reversed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: November 9, 2023, Case #: 230724, Categories: Criminal Procedure, Bail
J. Alvord finds the lower court properly denied defendant's motion for a sentence modification in his sexual assault case. Although he provided evidence of good behavior and rehabilitation in prison, the seriousness of his crimes outweighed any rehabilitative efforts. Defendant repeatedly raped a child with whom he shared a home and impregnated her at the age of 12, an act from which her mother claimed the child will never recover, especially considering she chose to carry the baby to term. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: November 9, 2023, Case #: AC45812, Categories: Sentencing, Sex Offender, Child Victims
J. Bunn affirms the lower court's order dismissing the cable splicing technician's wrongful discharge suit after reporting to his supervisors suspected acts of sabotage of the telecommunication company's equipment that, due to disruption of services, constitutes a criminal offense under state law. The judge did not err in determining the technician failed to make a claim of how the reporting of his co-workers' wrongdoing violated a substantial public policy. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: November 9, 2023, Case #: 20-0040, Categories: Communications, Employment Retaliation
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J. Briscoe finds that the lower court improperly denied immunity to police officials regarding wrongful death and excessive force claims from the family of a man who was killed by police while they were carrying out a warrant. Police are entitled to immunity because the evidence shows that deadly force was reasonable in this situation. Decedent was armed, repeatedly refused to comply with officers to drop his gun, and attempted to flee after telling officers several times he refused to be arrested. Reversed.
Court: 10th Circuit, Judge: Briscoe, Filed On: November 9, 2023, Case #: 22-1355, Categories: Wrongful Death, Police Misconduct
J. Dick denies a request by the Louisiana Secretary of State to turn over jurisdiction of a voting rights redistricting case to a three-judge court, on the argument that federal law requires a tribunal for a constitutional or statutory challenge to the apportionment of a state legislative body. The law does not support the secretary’s argument and there is no decision in the Fifth Circuit that supports his “strained interpretation” of the law. The decision comes one day after a mixed ruling on proposed experts for both sides in a lawsuit challenging redistricting plans that allegedly dilute black voters’ voting strength in violation of the Voting Rights Act.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: November 9, 2023, Case #: 3:22cv178, NOS: Voting - Civil Rights, Categories: Civil Rights, Constitution, Jurisdiction
J. Pennell finds that the lower court improperly convicted defendant of murder based on the robbery of a safe. Defendant was also convicted of the robbery of a ring, but that conviction was ruled separate from the murder conviction so as not to violate double jeopardy. While there was sufficient evidence of the ring robbery, there was insufficient evidence as to the robbery of the safe. Therefore, "insufficient evidence supports a jury verdict for felony murder predicated on robbery of the safe." Vacated.
Court: Washington Supreme Court, Judge: Pennell, Filed On: November 9, 2023, Case #: 101068-1, Categories: Murder, Robbery
J. Zilly transfers the shower company's trademark lawsuit against the shower system manufacturer to the District of Nevada. The inconsistencies of the shower system manufacturer and others regarding which entity supplies products to HB-Washington and the lack of documentation that HB-Nevada would allegedly have if it conducted business with HB-Washington do not show that HB-Nevada imported, sold or distributed the shower system manufacturer's products in Washington before this lawsuit began.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: November 9, 2023, Case #: 2:23cv452, NOS: Trademark - Property Rights, Categories: Trademark, Venue
J. Smith finds that the lower court properly dismissed the appellant's negligence, negligence per se, trespass and nuisance claims, but improperly dismissed its contract claim, involving a lease for office and warehouse space. The tort claims at issue "belonged to the trusts" that owned the premises. The appellant's breach of contract claim, however, "is not without a basis in fact or law." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: November 9, 2023, Case #: 05-22-00820-CV, Categories: Landlord Tenant, Tort, Contract
J. Fallon denies summary judgment to a maritime employer of a seaman on negligence claims the company interfered with his medical treatment and refused to investigate or acknowledge his work-related injuries, and attempted to coerce him to continue laboring despite his injuries. Multiple questions of material fact exist as to whether the seaman was trained and experienced on the task that led to his injury claim. Additionally, the employer asserts the deckhand himself was negligent and partially at fault for his injury.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: November 9, 2023, Case #: 2:22cv232, NOS: Marine - Contract, Categories: Employment, Maritime, Damages
J. King grants the Deferred Action for Childhood Arrivals (DACA) participant final approval of the class action settlement, attorney fees and costs for his claim that the credit union denied his second auto loan application after accepting his first because his DACA documentation was "not acceptable for financing," and that the credit union wrongfully conducted hard credit pulls that lowered his and other non-citizen residents' credit scores. The settlement will award $759 in damages to each of the 246 settlement class members and provide prospective relief intended for non-citizens who apply for future loans or membership with the credit union, weighs in favor of approval.
Court: USDC Western District of Washington, Judge: King, Filed On: November 9, 2023, Case #: 3:21cv5148, NOS: Other Civil Rights - Civil Rights, Categories: Immigration, Settlements, Class Action
J. Traver finds that the trial court improperly found for homeowners in claims seeking insurance coverage for property damage because the policy did not cover the costs to tear out and fix the concrete slab to repair the plumbing system. The policy endorsement applied for the water damage loss because the corrosion was an “an act of nature,” but it does not cover the tear out and replacement cost. It is remanded for entry of an amended final judgment on the tear out and replacement costs. All other arguments are moot. Reversed.
Court: Florida Courts Of Appeal, Judge: Traver, Filed On: November 9, 2023, Case #: 6D23-492, Categories: Insurance, Property
J. Jay finds the trial court properly denied State Farm's motion for a new trial in a lawsuit over uninsured motorist coverage for an insured. The statements made by defense counsel during rebuttal closing argument State Farm references in its motion regarding the insured's withdrawal of a claim for past medical expenses may have been misleading, but they do not rise to the level of prejudice necessitating a new trial. Affirmed.
Court: Florida Courts Of Appeal, Judge: Jay, Filed On: November 9, 2023, Case #: 22-1190, Categories: Insurance, Contract
J. Edwards finds the trial court improperly denied the third-party retailer's bid to compel arbitration in an employee's disability discrimination lawsuit over a lack of accommodations for a workplace injury she suffered. In part because a valid arbitration agreement exists between the parties and all three factors for arbitration are met under the relevant precedent, the trial court should have granted the retailer's motion to dismiss and compelled arbitration. Reversed.
Court: Florida Courts Of Appeal, Judge: Edwards, Filed On: November 9, 2023, Case #: 23-2312, Categories: Arbitration, Employment Discrimination
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by refusing a direct order and assaulting staff while being escorted to solitary based on evidence provided in the misbehavior report, the hearing testimony, and documents viewed in-camera. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 9, 2023, Case #: 535527, Categories: Prisoners' Rights
J. Benavides finds that the lower court improperly denied the university's plea to the jurisdiction in this lawsuit brought by a former employee alleging racial discrimination and retaliation. The former employee failed to sufficiently plead his claim for racial discrimination, but he also should have been given a chance to amend his petition. Accordingly, that claim will be remanded. He also failed to state a "viable retaliation claim," and his civil conspiracy claim "cannot be saved." Reversed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: November 9, 2023, Case #: 13-23-00062-CV, Categories: Jurisdiction, Employment Discrimination, Employment Retaliation
J. Nashold finds the circuit court properly dismissed the advocacy group's petition for a writ of mandamus forcing the county register in probate to provide records the group claims would show a discrepancy between a list of ineligible voters maintained by the state elections commission and people considered incompetent to vote based on guardianship proceedings in the county. The group now concedes it is not entitled to most of the records it sought because court records related to incompetency proceedings are closed, but its argument that it is still entitled to notice of voter eligibility forms fails, as those forms are also clearly pertinent to incompetency proceedings. The group's argument of judicial bias based on the circuit court judge's comments about the group's "political" goals and reference to its petition as a "fishing expedition" also fails, in part because the group's selection of these quotes either omit the judge's full statements or important context in which they were made. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Nashold, Filed On: November 9, 2023, Case #: 2022AP001794, Categories: Elections, Public Record
J. Benavides finds that the lower court improperly entered an amended default judgment awarding appellate attorney fees to the appellees after it lost plenary power in this breach of contract case. Accordingly, that ruling should be vacated. Additionally, substitute service should not have been granted as to the individual appellant. Reversed in part.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: November 9, 2023, Case #: 13-22-00115-CV, Categories: Civil Procedure
J. Horton finds that the lower court properly convicted defendant of murder, criminal threatening with a dangerous weapon and possession of a firearm by a prohibited person. Contrary to defendant's argument, there was no error in the denial of his request "to present evidence to the jury that a State investigator had monitored telephone calls" between him and his attorney during his pretrial detention. The court did not abuse its discretion in determining that "the potential for jury confusion" outweighed the value of the cross-examination that defendant sought. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: November 9, 2023, Case #: 2023ME71, Categories: Criminal Procedure, Murder
J. Giuliano denies, in part, a landlord's claims related to a commercial tenant and its guarantor's alleged breach of the parties' lease and other agreements. There are questions of fact regarding its claims for breach of lease, breach of guaranty and breach of settlement agreement.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: November 9, 2023, Case #: 3:22cv425, NOS: Rent Lease & Ejectment - Real Property, Categories: Landlord Tenant, Contract
J. Frimpong denies in part the county's motion for summary judgment following a police shooting into a vehicle following a pursuit. Deputies shot into the car, killing an individual, while his two-year-old son was in the car. A reasonable jury could find that the unarmed individual did not pose an immediate threat that justified the use of deadly force. The deputies allege the individual backed into their car, knocking them down, and that was when they fired upon him. "Evidence could lead a jury to find the Deputies’ testimony not credible" regarding whether the individual hit the police car with his car, as there is no obvious damage to either car. Neither the on-scene investigator nor an expert witness could confirm whether a collision occurred. The deputies are not entitled to qualified immunity on the claim of excessive force.
Court: USDC Central District of California, Judge: Frimpong, Filed On: November 9, 2023, Case #: 5:20cv2468, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights