173 results for 'filedAt:"2023-12-06"'.
J. Bevan finds that the trial court was within its discretion to correct the date on an exhibit that was a judgment from a prior felony conviction. The correction was not an intervention or offer of extrajudicial facts that could be construed as witness testimony. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: December 6, 2023, Case #: 48939, Categories: Evidence, Sentencing, Vehicle
J. Windhorst finds that the Office of Workers’ Compensation properly denied a worker's claim for disability benefits. In this case, the worker failed to show that he was disabled as a result of the work accident when part of a ceiling fell on his back while performing demolition and cleanup work because there was expert testimony that the worker could return to a low demand job immediately. Also, the worker testified that he had some jobs after his work-related injury. However, the $750 cap to a doctor's bill does not apply because the right to reimbursement for medical expenses and the right to compensation are separate and distinct. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: December 6, 2023, Case #: 23-CA-26, Categories: Evidence, Workers' Compensation
J. Stephens finds that the trial court should not have denied defendant's motion to quash the bill of indictment charging him, a police deputy, with malfeasance in office. In this case, defendant handcuffed a homeowner after they gave consent to search his property but then became belligerent and began to yell at defendant. Under case law and the state constitution, there is no affirmative duty specific enough to place a public officer on notice that handcuffing a person for officer safety during a consensual search would result in a charge of malfeasance in office because the ambiguous belligerent yelling revoked consent. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: December 6, 2023, Case #: 55,213-KW, Categories: Criminal Procedure, Negligence
J. Lasnik dismisses the mother's common law claims accusing the club of wrongfully removing her sons from its sports teams and then calling the police to remove the mother and the sons from its premises. The mother's contract claims fail as a matter of law because she does not allege that the club asked her to sign the handbook, that she relied on the information in the handbook, or that she and the club were legally bound by its terms.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: December 6, 2023, Case #: 2:23cv855, NOS: Other Civil Rights - Civil Rights, Categories: Contract
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J. Murphy finds the trial court properly convicted defendant for rape based on sufficient evidence. The victim, who was 7 years old at the time, complained to her 4th grade teacher that defendant, who she and her mother lived with, had regularly sexually assaulted her. Medical examination revealed certain physical injuries consistent with sexual assault. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: December 6, 2023, Case #: CR-23-186, Categories: Evidence, Sex Offender, Child Victims
J. Harrison finds the trial court improperly convicted defendant for kidnapping three corrections staff members, holding them in a maximum security prison. Defendant entered a conditional guilty plea and now appeals the court’s denial of his motion to dismiss on speedy trial grounds. A "dizzying" number of dates are involved and finds that a total of 909 days were not excluded for speedy trial purposes and, therefore, defendant's right to a speedy trial has been violated. Reversed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: December 6, 2023, Case #: CR-23-156, Categories: Kidnapping, Speedy Trial
J. Thyer finds the circuit court properly denied the ex-husband's petition for contempt against his former wife. The Iranian couple divorced after moving to Arkansas and entered into a property settlement agreement wherein the husband retained ownership of the home while allowing the wife to live there until her remarriage. The decree and settlement agreement are barred by the 5-year statute of limitations from requesting a quitclaim title deed. The claim is also barred by the doctrine of laches, with the circuit court noting the husband waited 10 years to present the quitclaim deed, causing the ex-wife to believe he had abandoned his claim. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: December 6, 2023, Case #: CV-22-538, Categories: Family Law, Property, Contract
J. Ortego finds that defendant was properly convicted of second-degree murder in a cold case, where defendant was arrested fifteen years after the victim's body was discovered in an abandoned building near I-10 in Winnie, Texas. There was sufficient evidence for the jury to find the victim died from homicide by asphyxiation and that defendant committed the offense. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: December 6, 2023, Case #: KA-23-115, Categories: Evidence, Murder, Experts
J. Battaglia grants class certification as to a minimum wage, overtime, and meal break subclasses in the employees' labor action against the shipyard. Common questions predominate individualized issues in these subclasses. However, certification is denied for the two reimbursement subclasses. The employees offer no way of determining on a class-wide basis when or to what extent class members incurred unreimbursed business expenses. Each class member's claimed expenses would need to be scrutinized individually.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: December 6, 2023, Case #: 3:21cv2122, NOS: Employment - Civil Rights, Categories: Employment, Class Action, Labor
J. Fischer finds the trial court properly denied the medical marijuana dispensary's motion for a preliminary injunction in this trademark infringement action. The medical marijuana processor, which sells pre-rolled joints to dispensaries, markets products under a different spelling of the same copyrighted name as a product marketed by the dispensary. The companies had been selling their products in the same market for more than a year before the suit was filed and there is no need for a preliminary injunction to preserve the status quo until there is a final determination made. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Fischer , Filed On: December 6, 2023, Case #: 119859, Categories: Copyright, Injunction
J. Wiseman finds the district court properly denied the funeral home's motion requesting a finding the decedent was estranged from his wife at the time of his death. The Oklahoma Funeral Board found the decedent's wife, and not his mother, had the right to control the disposition of the cremains after they were given to the mother, and assessed costs and fees against the funeral home. The court properly found that the funeral home lacked standing to seek a finding of estrangement. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman , Filed On: December 6, 2023, Case #: 119971, Categories: Civil Procedure, Family Law, Property
J. Windhorst finds that the trial court properly found a husband in contempt of the parties' consent judgment of final partition of joint assets and liabilities. In this case, the consent judgment was not modified because any modification needed to be in writing or transcribed for the record. Further, the trial court properly determined that the husband owed $209,000 on the credit line borrowing portion of the mortgage indebtedness based on bank statements and the testimony, including the husband confirming that he owed the amount. Under the unambiguous terms of the valid and enforceable consent judgment, the husband was obligated to pay the credit line borrowing portion of the mortgage indebtedness. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: December 6, 2023, Case #: 23-CA-80, Categories: Contempt, Evidence, Family Law
J. Evanson grants the employees' motion to compel the brewery chain to produce a fully copy the Stroz Friedberg report, engagement letter and all scopes of work for the employees' lawsuit accusing the brewery chain of not protecting their personal identifiable information during a ransomware attack. The brewery chain withheld nearly all information related to the breach and its response to it on privilege grounds during the discovery process, and the delegation of business functions to an attorney is not sufficient to shield it from discovery.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: December 6, 2023, Case #: 2:22cv94, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Fiduciary Duty, Discovery, Class Action
J. Scullin awards a 66-year-old deputy superintendent back pay and front pay in the form of $4,000 yearly pension fund payments until 2042 after a jury found New York’s corrections department liable on her single claim for retaliation after she was demoted. The court further awards her $58,230 in attorney fees and costs.
Court: USDC Northern District of New York, Judge: Scullin, Filed On: December 6, 2023, Case #: 1:20cv155, NOS: Employment - Civil Rights, Categories: Damages, Attorney Fees, Employment Retaliation
J. Phillips finds that the lower court properly upheld that BP America Production owes roughly $700,000 in royalty underpayments under the Federal Oil and Gas Royalty Simplification and Fairness Act. BP says it should be shielded from the payments by claiming all underpayments less than $10,000 should be reversed under the royalty-payment statute. This interpretation, however, ignores the clear language of the law and tries to skirt around the fact that all of the underpayments the company has been charged with paying have been correctly calculated and assessed. Affirmed.
Court: 10th Circuit, Judge: Phillips, Filed On: December 6, 2023, Case #: 22-8024, Categories: Contract
Per curiam, the appeals court finds for the state in defendant's challenge in his aggravated battery case related to a competency hearing that he was not present for but resulted in the judge, lawyers and examining doctor all concluding he was competent to proceed. No fundamental error occurred by defendant not being present at the hearing, but the case is remanded so the trial court can enter a written competency order. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: December 6, 2023, Case #: 22-1175, Categories: Competence, Battery
J. Reidinger grants a health benefits management firm’s motion to dismiss a claim brought by a mother when her child, a beneficiary, was treated at a residential mental health facility. The firm denied the claim citing an exclusion in the mother’s health care plan. The mother exhausted the appeals process with the firm, then filed the current action to recover the cost of the claim through ERISA. However, the firm is no longer the claims administrator for the mother’s plan and so cannot provide relief.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: December 6, 2023, Case #: 1:21cv265, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Health Care, Insurance
J. Pitman denies summary judgment to Texas’ family services agency after it was sued by a former employee who alleged the agency did not provide adequate accommodations for her after a serious car accident. While the department argues the employee was unable to maintain her workload, she was allegedly “assigned significantly more work than her peers,” and “consistent above-average performance” cannot be the standard on which her employment is judged, raising genuine factual disputes in this case.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: December 6, 2023, Case #: 1:20cv1218, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Tookey finds trial court properly excluded evidence of defendant’s discussion with firefighters at the scene of the accident. “Defendant obtaining permission to leave the scene to get a tow truck is an action unrelated to seeking out, or providing information to, the owners of the fence or the owners of the power box.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: December 6, 2023, Case #: A176242, Categories: Evidence
J. Blane finds that the division of property in a dissolution of marriage action was properly modified because the husband's gambling habit had dissipated family assets prior to dissolution. Affirmed.
Court: Iowa Court Of Appeals, Judge: Blane, Filed On: December 6, 2023, Case #: 22-0550, Categories: Family Law
J. Staton partially grants the consumer's motion for attorney fees following a settlement for her complaint accusing Mercedes-Benz of selling her an irreparably defective 2019 Mercedes-Benz GLC350E4, which had problems with the air conditioning system. The consumer's counsel receives a reduced hourly rate of $515 because his requested rate of $650 is higher than the average. The requested fees are also reduced due several excessive or duplicative time entries and block-billing, leaving the total award at $13,816.
Court: USDC Central District of California, Judge: Staton, Filed On: December 6, 2023, Case #: 2:22cv6032, NOS: Other Contract - Contract, Categories: Warranty, Attorney Fees, Contract
J. Coogler grants, in part, cross motions for summary judgment in this Employee Retirement Income Security Act dispute against United Mine Workers by a coal miner who was injured in two accidents that were both work-related. The miner challenges the denial of his disability pension claim and seeks statutory penalties for a failure to provide in a timely manner. The trustee failed to provide “full and fair review” during the determination of disability benefits under the plan. The miner failed to properly name the party whom the penalty may be imposed. The denial of his claim is granted as to the miner and denied for the trustee; statutory penalties against the miner are denied, but granted as to the trustee.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: December 6, 2023, Case #: 6:22cv1056, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Pensions, Tort
J. Kendall declines to dismiss a RICO suit against a collection of real estate brokers and their associated businesses, who are sued by people who bought run-down properties from them. The court finds the property buyers have suitably alleged that the brokers, rather than selling the buyers properties from “long-standing owners,” actually controlled the properties they were selling through their own business entities. The court also finds the buyers have suitably alleged that the brokers were selling the properties at marked-up rates without disclosing that many of the buildings were not up to code.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: December 6, 2023, Case #: 1:23cv1182, NOS: Insurance - Contract, Categories: Fraud, Real Estate, Racketeering