154 results for 'filedAt:"2023-11-16"'.
J. Peterson finds that the lower court properly dismissed a citizen's claim alleging voter disenfranchisement during the April 2021 election for Glendale Heights village president, but improperly dismissed his claim alleging deviations from the election code. While the verification affidavits were mistakenly not filed with the original petition, the petition was filed within the 30-day time period as required by law. Reversed in part.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: November 16, 2023, Case #: 220446, Categories: Civil Procedure, Elections
J. Trauger grants the dismissal motions filed by the metro defendants and the district attorney defendants in this lawsuit brought by a property owner who allegedly experienced "flooding and erosion issues" and did not receive help from the water services department in mitigating the problem. The property owner's claims for malicious prosecution, libel and intentional infliction of emotional distress should all be dismissed against the metro defendants. Also, the district attorney defendants are "immune from suit on claims against them for actions taken in their role as advocates for the state."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: November 16, 2023, Case #: 3:22cv936, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Defamation, Emotional Distress
J. Kaste finds that the lower court properly issued an order modifying a visitation plan for a minor child. The record supports the lower court's findings that modifying the visitation plan was in the best interest of accommodating all of the parties and their scheduling needs. Affirmed.
Court: Wyoming Supreme Court, Judge: Kaste, Filed On: November 16, 2023, Case #: S-23-0007, Categories: Family Law
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J. Morrison grants, in part, the news outlet's motion for attorney fees following its successful preliminary injunction motion in its case regarding a county clerk's restriction of public access to newly-filed civil actions, awarding approximately $135,000 in fees. While it is entitled to fees after the success of its preliminary injunction motion, several of the attorneys' rates will be limited to $500 per hour to better reflect reasonable rates in the Columbus, Ohio area, and prefiling fees must also be reduced.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: November 16, 2023, Case #: 2:22cv2471, NOS: Other Civil Rights - Civil Rights, Categories: Government, Attorney Fees, First Amendment
J. Lynch finds that the workers' compensation board properly held that a retail store manager sustained a work injury upon contracting Covid-19 on the job, which led to a stroke and hospitalization. Contracting Covid-19 in the workplace may constitute a compensable "accident," and the manager demonstrated his public facing job in a high volume store in the early days of the pandemic made him susceptible to the virus. Meanwhile, he had not suffered blood pressure issues before the consequential stroke. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: November 16, 2023, Case #: 536047, Categories: Covid-19, Workers' Compensation
J. Seybert denies an intervention motion filed by one of the officers of a software developer seeking to appear on behalf of the developer in a breach of contract lawsuit, finding the motion procedurally deficient. The officer was disqualified as the developer's counsel under the court's advocate-witness rule and sought reinstatement on the basis that he had a "perfected lien" in the outcome of the action.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: November 16, 2023, Case #: 2:21cv1898, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Blake vacates a portion of a 2020 judgment dividing real property between two divorcing dentists. The judgment was made using the real property values from 2013, without adequate explanation for why these values, rather than updated ones, were used.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: November 16, 2023, Case #: 22-P-1032, Categories: Family Law, Property, Real Estate
J. Saylor denies a car buyer’s motion for partial summary judgment against those who sold her a dangerous car and then repossessed the car from her driveway when she fell behind on payments. While the repossession of the vehicle would have required that the buyer give her consent if no judicial process was undertaken to repossess the car, the agent who towed the car away to repossess it said he received a note beforehand that said the car’s lienholder had spoken to plaintiff and the car was ready to be picked up, so he interpreted that as her consent.
Court: USDC Massachusetts, Judge: Saylor, Filed On: November 16, 2023, Case #: 1:22cv10769, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Property, Vehicle
J. Johnson denies, in part, the general contractor's motion to dismiss, ruling while it did not breach the services contract with the subcontractor when it altered the scope of work on a bridge construction project, its decision to dismiss pass-through claims with the New Mexico Department of Transportation related to the alterations presents a viable contract claim for the subcontractor, who was unable to seek reimbursement from the DOT for cost increases.
Court: USDC New Mexico, Judge: Johnson, Filed On: November 16, 2023, Case #: 1:23cv188, NOS: Other Contract - Contract, Categories: Construction, Contract
Per curiam, the circuit vacates the lower court’s certification of a class in a product liability case against Ford. The lower court failed to conduct a proper analysis of the commonality element of the class's claims against Ford for defective brake cylinders on certain trucks, including whether design changes made over several years solved the issue and eliminated certain class members. Vacated.
Court: 6th Circuit, Judge: Per curiam, Filed On: November 16, 2023, Case #: 22-0109, Categories: Evidence, Product Liability, Class Action
J. Patterson finds that the appellate division properly upheld the decision that children should remain with their resource families after they were removed from the mother's care following domestic abuse. The trial court found the children had an indifferent view of their natural mother, and the state had not removed requirements to consider the relationship with the resource family. Affirmed.
Court: New Jersey Supreme Court, Judge: Patterson , Filed On: November 16, 2023, Case #: A-44-22, Categories: Family Law
J. Mullen grants an office supplies merchant's motion for summary judgment following allegations of copyright infringement brought by a competitor. The competitor claims that the merchant's "One Hip Chick" floral pattern, for instance, is so similar as to copy the competitor's design. However, it is clear that there are no substantial similarities between any of the designs presented, so the competitor's claims fail.
Court: USDC Western District of North Carolina, Judge: Mullen, Filed On: November 16, 2023, Case #: 3:21cv633, NOS: Copyrights - Property Rights, Categories: Copyright, Trade, Business Practices
J. Hornsby grants summary judgment to the estate of the decedent’s mother, and against his living brother, awarding a total of $480,000 insurance annuity payments to her estate. The living brother is a tertiary beneficiary; however, absent express language in the annuity to the contrary, if a primary beneficiary dies after the insured, but before all proceeds are paid to her, the estate of the primary beneficiary, not a secondary or tertiary beneficiary, is entitled to the proceeds. There was no such express language in the annuity contract or other relevant documents, so the estate of the mother is entitled to all remaining payments due under the annuity.
Court: USDC Western District of Louisiana , Judge: Hornsby, Filed On: November 16, 2023, Case #: 5:23cv158, NOS: Insurance - Contract, Categories: Insurance, Settlements, Attorney Fees
J. Ballou denies the Republican electoral board members' motion for judgment on First Amendment violation claims. The members allegedly voted not to reappoint the general registrar because of her political views. The members claimed the Eleventh Amendment barred the suit because the state is the real party of interest. Still, they can be held liable because it is a personal-capacity claim, not an official-capacity claim.
Court: USDC Western District of Virginia, Judge: Ballou, Filed On: November 16, 2023, Case #: 6:23cv35, NOS: Other Civil Rights - Civil Rights, Categories: Elections, Government, First Amendment
Per curiam, the Arkansas Supreme Court amends certain rules of civil procedure regarding court procedure for filing involuntary dismissals via electronic methods rather than through the mail. The opinion also specifies that procedures for emergency relief will follow those outlined in rules for issuing temporary restraining orders unless applicable statute specifies another procedure.
Court: Arkansas Supreme Court, Judge: Per curiam, Filed On: November 16, 2023, Case #: 2023 Ark. 167, Categories: Civil Procedure, Judiciary
J. Newey finds a lower court properly dismissed a citizen of Burundi's motion to remain in the U.K. The Burundi citizen argued that she is entitled to relief under human rights protection rules. However, she served a sentence for fraudulently claiming benefits by deception. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: November 16, 2023, Case #: CA-2022-1723, Categories: Fraud, Immigration
J. Asplin finds a lower court properly dismissed an estate administrator's National Health Service Pension Scheme violations claims against the business authority. The estate administrator argued that the business services authority mishandled his deceased wife's application for health retirement benefits. However, the pension scheme service presented sufficient evidence in court that his deceased wife used all of her outstanding annual leave and other benefits. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Asplin, Filed On: November 16, 2023, Case #: CA-2023-905, Categories: Health Care, Pensions, Real Estate
J. St. Eve finds that the lower court properly denied defendant's motion to suppress medical staff's discovery of "something plastic" in his mouth while he was in the emergency room, prompting them to instruct him to spit it out for 20 minutes. When he finally did so, it was a device used to convert a firearm into a fully automatic weapon. Small interactions between hospital staff and the police officer posted outside defendant's hospital room do not transform the staff's actions into a warrantless government search. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: November 16, 2023, Case #: 23-1108, Categories: Firearms, Search