143 results for 'filedAt:"2023-11-17"'.
Per curiam, the appellate division finds that the family court properly ruled that a mother had neglected her child by exposing him to unsanitary conditions in a hotel room, including feces on the wall, sharp knives within the child's reach, and cocaine residue on a coffee table. The hotel manager provided testimony about the conditions of the room, and the mother, who refused to testify at the hearing, failed to challenge the determination. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: CAF 22-00564, Categories: Family Law
J. Jordan finds that the district court properly dismissed the whistleblowers' action against the IRS under the Administrative Procedure Act arising after the agency decided not to pursue an effort to collect unpaid taxes from financial industry entities. The IRS decided not to take any action after receiving information from the whistleblowers due to the significant resources it would have to expend on the investigation. The agency denied the whistleblowers' claim for an award under the whistleblower provision of the Internal Revenue Code. Judicial review of the agency's decision not to pursue an enforcement action is not permitted under the Act. The agency had discretion under the law to deny the whistleblowers' claims. Affirmed.
Court: 11th Circuit, Judge: Jordan, Filed On: November 17, 2023, Case #: 22-13217, Categories: Tax, Whistleblowers
Per curiam, the appellate division finds that the trial court improperly dismissed claims seeking coverage for damage sustained in a car collision. Insurers demonstrated the policies did not contain supplemental spousal liability provisions, but evidence plausibly indicates one insurer had been contacted about such liability coverage. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: CA 22-00930, Categories: Insurance
J. Borghesan finds the superior court correctly ruled in a case involving owners of a neighboring waterfront shared cove. “Because the surveyor set the boundary of the properties in question at the mean high tide line, the court did not err by determining the boundary based on evidence of where the mean high tide line actually was when the properties were surveyed rather than relying solely on the location of the monument.” Affirmed.
Court: Alaska Supreme Court, Judge: Borghesan, Filed On: November 17, 2023, Case #: S-18208, Categories: Property
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Per curiam, the appellate division finds that defendant was properly convicted of weapons charges, child endangerment, and drug charges because defendant admitted to police that he left his four-year-old daughter home alone, where two handguns were found. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: KA 17-01665, Categories: Drug Offender, Weapons, Child Victims
J. Bress denies an immigrant's petition for review of a decision of the Board of Immigration Appeals. The immigrant claimed that because he was arrested under an administrative warrant, his un-Mirandized statements should have been excluded. The Ninth Circuit has long held that there exists a substantial distinction between a civil deportation proceeding and a criminal trial which make Miranda warnings inappropriate in the deportation context.
Court: 9th Circuit, Judge: Bress, Filed On: November 17, 2023, Case #: 21-352, Categories: Immigration, Miranda
J. Wormuth denies the environmental groups' petition for an injunction, ruling such a decision will have no real-world effect on the habitat of the New Mexico meadow jumping mouse. Grazing in its habitat has concluded for the 2023 calendar year and will not resume until a new biological opinion has been released by the National Fish and Wildlife Service; therefore, the claims are moot.
Court: USDC New Mexico, Judge: Wormuth, Filed On: November 17, 2023, Case #: 2:21cv733, NOS: Environmental Matters - Other Suits, Categories: Environment, Injunction
J. Calvert grants the company's motion to dismiss a negligence action arising from its failure to make property tax installment payments on behalf of the borrower. The company did not owe the borrower a duty of care to make tax payments promptly. The company contracted with the mortgage servicer to provide services and was not itself a loan servicer. The borrower failed to plausibly allege a factual basis supporting a duty of care owed by the company.
Court: USDC Northern District of Georgia, Judge: Calvert, Filed On: November 17, 2023, Case #: 1:23cv1954, NOS: Other Contract - Contract, Categories: Negligence
Per curiam, the Louisiana high court suspends attorney Tim Fields from the practice of law for three years. The record shows that Fields did not properly supervise his non-lawyer staff, resulting in the conversion of $4.2 million belonging to third parties. He intentionally continued to convert $1.8 million in third-party funds in order to pay older third-party debts, failed to maintain a trust account for several years, lied on his trust account disclosure statements that he did not handle client funds, allowed nonlawyers to sign trust account checks, charged clients for inappropriate office expenses, settled a client’s personal injury claim without the client’s knowledge or consent, and lied to the Office of Disciplinary Counsel during its investigation.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: November 17, 2023, Case #: 2023-B-00343, Categories: Contract, Attorney Discipline
J. Selna awards the cigarillo company $10.2 million in attorney fees and $613,100 in disbursements for its complaint that the tobacco company violated various federal and state competition laws and breached the private label agreements between the two parties. The cigarillo company cites reasonable hours to justify the award, but it also cites excludable clerical work and other worked hours, so not all requested hours are accepted.
Court: USDC Central District of California, Judge: Selna, Filed On: November 17, 2023, Case #: 8:14cv1664, NOS: Antitrust - Other Suits, Categories: Antitrust, Attorney Fees, Contract
J. Griffin finds that the court of appeal should not have determined defrayment of operational and equipment expenses to be part of the city’s obligation to fund the Shreveport City Marshal’s operation and maintenance expenses. Statute only requires that the city fund the operation and maintenance expenses of the physical offices of the Marshal. Reversed.
Court: Louisiana Supreme Court, Judge: Griffin, Filed On: November 17, 2023, Case #: 2023-C-00182, Categories: Administrative Law, Municipal Law, Contract
Per curiam, the appellate division finds that the trial court properly held a father in contempt for failing to comply with a custody and visitation order. The record demonstrates that granting the aunt sole legal and physical custody would serve the child's best interests since she had raised the child for most of his life and the father had absconded with the child to another state. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: CAF 22-01496, Categories: Family Law
[Modified.] J. Moore alters several sentences in a previously published anti-SLAPP opinion and denies a rehearing with no change in judgment. The trial court erred in deciding to grant an anti-SLAPP motion. A company's press releases fall under the commercial speech exemption to the anti-SLAPP statute, so it must face a business partner's allegations that its press releases misrepresented and improperly disclosed the partner's confidential information. Reversed in part.
Court: California Courts Of Appeal, Judge: Moore, Filed On: November 17, 2023, Case #: G061535, Categories: Anti-slapp
J. Morrison grants, in part, the township's motion to dismiss, ruling it is not required under Ohio law to approve every zoning application that meets certain requirements found in its comprehensive plan. Therefore, the landowners have no protected property interest in the re-zoning application and their due process claims fail as a matter of law.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: November 17, 2023, Case #: 2:23cv691, NOS: Other Civil Rights - Civil Rights, Categories: Government, Zoning, Due Process
J. Readler finds the lower court properly denied defendant's motion to suppress in his fraud and identity theft case. The lack of coercive behavior on the part of the police officer and defendant's cooperation with the request to hand over his wallet following a search of his vehicle rendered the search of the wallet, which yielded altered and stolen credit cards, consensual. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: November 17, 2023, Case #: 22-5902, Categories: Fraud, Search
J. Hiramoto finds that the trial court erred in relying on a statute that disallows the restitution of illegally earned funds. A trafficking victim who was forced to perform sexual services by defendant is entitled to a restitution award because she suffered an economic loss when he took the money that she earned through prostitution. Vacated.
Court: California Courts Of Appeal, Judge: Hiramoto, Filed On: November 17, 2023, Case #: A168069, Categories: Restitution, Human Trafficking
J. Milazzo dismisses breach of contract claims by a crewboat company and its insurer, arising from a $3.3 million judgment against the two companies and in favor of a construction worker injured on the boat. The construction worker’s employer was not obligated to obtain insurance coverage for crew and employee liabilities, as the crewboat company and its insurer alleged.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: November 17, 2023, Case #: 2:17cv585, NOS: Marine - Contract, Categories: Insurance, Contract, Workers' Compensation
[Modified.] J. Hoffstadt alters a footnote and denies a rehearing with no change in judgment. 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: November 17, 2023, Case #: B317918, Categories: Debt Collection, Choice Of Law
Vice Chancellor Glasscock dismisses shareholder derivative claims contending pharmaceutical giant AmerisourceBergen allowed a subsidiary to operate an illegal pharmacy service, which in turn allowed AmerisourceBergen to appoint a committee to review whether litigation was best for the corporation and find that the committee reasonably exonerated the board and discouraged litigation.
Court: Delaware Chancery Court, Judge: Glasscock, Filed On: November 17, 2023, Case #: 2019-0816-SG, Categories: Fiduciary Duty
J. Barker grants the school's motion for summary judgment, ruling that although the homosexual executive director was required to work weekends and was assigned work while on sick leave, these obligations were expected of his position and cannot be considered degrading, as required to prove his claim he was compelled to resign because of discriminatory treatment. Additionally, the managing director's single comment that "God made Adam and Eve," which he disputes was ever said, is insufficient to prove a hostile work environment that would compel a reasonable individual to resign.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: November 17, 2023, Case #: 1:22cv1049, NOS: Employment - Civil Rights, Categories: Education, Evidence, Employment Discrimination
J. Broomes rules the U.S. Department of Labor may pursue overtime violations against a restaurant. The restaurant employees, both servers and line cooks, sufficiently showed in court that the restaurant operator failed to pay overtime wages at the correct rate.
Court: USDC Kansas, Judge: Broomes, Filed On: November 17, 2023, Case #: 6:22cv1004, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Contract, Labor