163 results for 'filedAt:"2023-12-15"'.
J. Davis finds the lower court properly entered a default judgment against the owner of a car involved in a hit and run. The car owner did not appear before the general sessions court resulting in a default judgment against her in the amount of $10,000. She appealed, and the matter went before the circuit court, where she failed to appear, and the lower court entered a default judgment against her. The instant court finds the car owner failed to file a complaint appellate brief, and by doing so, she waives any issues she attempted to raise. Affirmed.
Court: Tennessee Court of Appeals, Judge: Davis, Filed On: December 15, 2023, Case #: E2023-00208-COA-R3-CV, Categories: Damages, Enforcement Of Judgments
J. Corley allows some unjust enrichment claims to proceed against GreenSky, a loan broker, from borrowers who say the company hides certain lending and merchant fees. While claims that the broker's fee practices violated the California Financial Code are tossed for lack of standing, it is plausible they violated the Credit Services Act of 1984 and the borrowers have made a reasonable claim for damages.
Court: USDC Northern District of California, Judge: Corley, Filed On: December 15, 2023, Case #: 3:20cv1693, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Banking / Lending
J. Cook partly grants soda wholesalers’ motion for a writ of mandamus to vacate orders granting motions in limine that would exclude evidence regarding the original soda company’s competitive privilege and enforcement program that enforces the prohibition of bottlers selling in non-approved territories and importing from larger out-of-state wholesalers.
Court: Alabama Supreme Court, Judge: Cook , Filed On: December 15, 2023, Case #: SC-2022-0881, Categories: Trade, Business Practices, Contract
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J. Harper finds the trial court properly denied defendant's motion to dismiss the state's request to extend his confinement in a mental institution. His refusal to engage with treatment providers and his belief the sexual assaults that led to his confinement were not wrong made him a danger to the public at large and prevented his release. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Harper, Filed On: December 15, 2023, Case #: AC45444, Categories: Sentencing, Due Process
J. McEvers finds that the district court improperly entered a judgment of dismissal after an order granting Statoil Oil & Gas’s motion for summary judgment concluded a dispute of title allowed Statoil to suspend royalty payments. The lower court incorrectly determined that the action was barred by a statute of limitations. Reversed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: December 15, 2023, Case #: 2023ND235, Categories: Energy, Contract
J. Epley finds the trial court properly denied defendant's motion to sever his indictment into separate trials on murder, assault and weapons charges. Although the incidents that resulted in the charges took place only hours apart, the witnesses for each crime were entirely unique and the primary issue of fact was the shooter's identification; therefore, a single trial did not prejudice defendant. Furthermore, the trial court properly denied defendant's motion to suppress identifications made by several victims. Even though one of the photo lineup administrators was involved in the police investigation, he was unaware of the shooter's identity when he administered the tests. Affirmed.
Court: Ohio Court Of Appeals, Judge: Epley, Filed On: December 15, 2023, Case #: 2023-Ohio-4565, Categories: Criminal Procedure, Murder, Identification
J. Cole finds that the lower court improperly revoked defendant's probation based on the alleged probation violations. Specifically, the state failed to produce "sufficient nonhearsay evidence" connecting defendant to the alleged violations. Accordingly, the case is remanded for further proceedings. Reversed.
Court: Alabama Court of Criminal Appeals, Judge: Cole, Filed On: December 15, 2023, Case #: CR-2023-0338, Categories: Evidence, Probation
J. Prescott finds the lower court did not exceed the scope of this court's remand order when it held the wife solely responsible for the couple's debt on their home equity line of credit. It resolved a previous inconsistency involving $10,000 borrowed against the line of credit by the husband to pay for attorney fees and held each party responsible for their own fees, excluding that $10,000. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: December 15, 2023, Case #: AC45889, Categories: Evidence, Family Law, Attorney Fees
Per curiam, the Vermont Supreme Court finds that the employment security board properly found a former California employee ineligible for pandemic unemployment assistance. The employee was ineligible at the time because had an unexhausted open unemployment benefit claim in California from being terminated.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 15, 2023, Case #: 23-AP-138, Categories: Employment
J. Thacker finds the lower court improperly denied the defendant's petition to vacate his sentence without providing discovery or an evidentiary hearing. The defendant pled guilty at the advice of his counsel for one count of illegal possession of a firearm as a felon despite contending since his arrest that the detective planted the gun and stole money from the defendant's home. Several years into the defendant's sentence, the detective and six other officers were charged with numerous crimes, including racketeering, Hobbs Act robbery and extortion, spanning the period between 2014 and 2016, when defendant was arrested. The lower court did not allow the defendant to participate in discovery to gather the evidence needed for his petition before denying it. Vacated.
Court: 4th Circuit, Judge: Thacker, Filed On: December 15, 2023, Case #: 19-7861, Categories: Habeas, Police Misconduct, Prisoners' Rights
Per curiam, the Vermont Supreme Court finds that the employment security board properly found a former traffic control flagger ineligible for unemployment benefits. The employee left her employment voluntarily but alleges she asked to be laid off for the winter months and she missed work due to medical reasons. She was ordered to pay the benefits received of $501 back since she was not terminated or laid off by the employer.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 15, 2023, Case #: 23-AP-161, Categories: Employment
[Consolidated.] Per curiam, the Vermont Supreme Court finds the environmental division properly affirmed the denial of development permit by the town for a landowner’s pavilion structure and dismissed an appeal for an unpermitted structure permit. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 15, 2023, Case #: 23-AP-255, Categories: Property
J. Nathan finds that the district court improperly dismissed Title IX claims student athletes brought after high schools and the state athletic association permitted transgender girls to compete in women's track and field. The students had standing since they adequately pleaded harm concerning the denial of equal opportunity, which may be addressed through monetary and injunctive relief. On remand, the district court must consider whether allowing transgender girls to compete in girls' sports even violates Title IX.
Court: 2nd Circuit, Judge: Nathan, Filed On: December 15, 2023, Case #: 21-1365, Categories: Civil Rights, Education
Per curiam, the supreme court finds the attorney regulatory agency's referee properly called for a 120-day suspension of James Nickitas' Wisconsin law license as discipline reciprocal to that handed down by the Supreme Court of Minnesota. Nickitas' misconduct, including trying to exert improper influence on a judge and using profane and abusive language with court staff, warrants a 120-day suspension, and his request that the suspension be applied retroactively is denied. His Wisconsin law license is suspended for 120 days starting on January 19, 2024.
Court: Wisconsin Supreme Court, Judge: Per curiam, Filed On: December 15, 2023, Case #: 2023AP001294-D, Categories: Attorney Discipline
J. Kinsley finds the lower court properly terminated the father's parental rights and granted permanent custody of his children to family services. He missed more visitations than he attended, refused to recognize the danger posed by the children's mother, a drug addict, and was unable to provide care sufficient to meet the specialized medical needs of each child. Affirmed.
Court: Ohio Court Of Appeals, Judge: Kinsley, Filed On: December 15, 2023, Case #: 2023-Ohio-4554, Categories: Evidence, Family Law
J. Stacy finds the district court improperly terminated the stepfather's relationship with his ex-wife's biological daughter. The court entered an order finding that although the stepfather had established a relationship with his stepchild during the marriage, he could not litigate issues of custody or parenting time in the divorce because his wife had effectively terminated the relationship by cutting off contact once the divorce was filed. The parental preference doctrine does not give the mother an unfettered right to unilaterally terminate the established relationship. Reversed.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: December 15, 2023, Case #: S-22-254, Categories: Family Law, Guardianship
J. Papik finds the district court properly dismissed the employee's claims of assault and intentional infliction of emotional distress arising from a realistic active shooter drill at work, causing the employee to allegedly suffer physical and mental injuries. The district court found worker's compensation is the employee's only remedy. Her argument she may pursue tort theories of recovery if it is shown the employer acted with a specific intent to injure is without merit. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: December 15, 2023, Case #: S-23-301, Categories: Tort, Workers' Compensation
J. Stegall finds a lower court improperly dismissed a claim for temporary injunction brought by the League of Women Voters of Kansas concerning civilians who may engage in illegal conduct that would convince others that they are election officials. The parties in question argued that they are entitled to participate in voter events. However, the league sufficiently showed in court that their actions may confuse voters into believing that they are election clerks and poll workers. Vacated.
Court: Kansas Supreme Court, Judge: Stegall, Filed On: December 15, 2023, Case #: 124,378, Categories: Elections, Injunction
J. Rufe grants a loan advancer’s motion to compel arbitration and dismiss this complaint wherein a company says the advancer wrongfully recorded a financing statement for the company, created fraudulent loan documents for it, and unlawfully froze some of its receivables. The parties are bound by an arbitration agreement.
Court: USDC Eastern District of Pennsylvania, Judge: Rufe, Filed On: December 15, 2023, Case #: 2:22cv3249, NOS: Other Contract - Contract, Categories: Arbitration, Business Practices, Contract
J. Dugan grants a widow's motion for a default judgment on wrongful death claims against a third-party seller on Amazon. The widow sufficiently showed in court that the Amazon seller sold defective, electrically heated socks labeled as "good for blood circulation," which resulted in the death of her husband, who contracted sepsis after his feet became burned and wounded. The estate is awarded $9.7 million in damages.
Court: USDC Southern District of Illinois, Judge: Dugan, Filed On: December 15, 2023, Case #: 3:20cv1287, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Wrongful Death