195 results for 'filedAt:"2023-12-21"'.
J. Schreier denies a motion for summary judgment brought by a steel company following the collapse of a hopper bin which killed two individuals. The insurance company's motion to exclude expert testimony as moot is also denied. Punitive damages are not available unless a tort has been committed. Because the steel company's bad faith claim is dismissed, summary judgment is granted in favor of the insurance company on the steel company’s request for punitive damages.
Court: USDC South Dakota, Judge: Schreier, Filed On: December 21, 2023, Case #: 4:19cv4156, NOS: Insurance - Contract, Categories: Insurance, Product Liability, Experts
[Modified.] J. Rodriguez adds the signature of the presiding justice with no change in judgment. The Public Utilities Commission properly adopted a net billing tariff to govern the rate that utilities pay to residential customers for excess electricity generated by renewable energy systems. The new tariff accounts for the variability in demand across a utility's system by billing customers for the difference between the value of the electricity they import and the value they export, instead of billing for the net amount of electricity they use. Affirmed.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: December 21, 2023, Case #: A167721, Categories: Energy
J. Byrne finds the district court properly ruled against an energy company that sued the Texas Comptroller to obtain a refund of franchise taxes it paid under protest. The company argues that a rule promulgated by the comptroller improperly calculated the taxes it owed and was invalid. When reviewed in conjunction with the relevant statutes, the comptroller’s rule was properly formulated and is supported by constitutional authority. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: December 21, 2023, Case #: 03-21-00669-CV, Categories: Constitution, Government, Tax
J. Devaney finds that the circuit court properly rejected the South Dakota Department of Transportation's claims that a car collision and personal injury matter were barred. A driver rolled his pickup while driving on a portion of Highway 45 that was being resurfaced. He brought suit against the contractor responsible for the resurfacing project and against the South Dakota Department of Transportation. The portion of the court’s denial of summary judgment relating to the precautionary measures the driver alleged the Department should have taken is reversed. The matter is remanded for further proceedings. Affirmed in part.
Court: South Dakota Supreme Court, Judge: Devaney , Filed On: December 21, 2023, Case #: 2023SD66, Categories: Transportation, Vehicle
J. Mauro holds that the trial court properly rejected students' complaint regarding alleged sexual abuse by a school employee as barred by res judicata. The voluntary dismissal of their action in federal court served as a judgment on the merits. They argued that the federal court lacked jurisdiction to rule on the merits after the school district invoked immunity, but the federal court retained subject matter jurisdiction over a Title IX claim that was based on the same conduct alleged in the students' other claims. Because the alleged underlying harm supported both state and federal causes of action, claim preclusion applies, regardless of the legal theory the students assert to support their state action. Affirmed.
Court: California Courts Of Appeal, Judge: Mauro, Filed On: December 21, 2023, Case #: C095446, Categories: Immunity, Negligence, Jurisdiction
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Per curiam, the appellate division finds that the lower court properly found the husband committed the family offense of second-degree harassment, including sending threatening text messages and repeatedly calling the police to conduct wellness checks on his wife. The husband is ordered to stay away from his wife until September 2024. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 21, 2023, Case #: 06587, Categories: Family Law
J. Cradle finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus. All of his ineffective assistance claims were either baseless and conclusory allegations, or unsupported by the evidence in the record. The inmate was properly advised of the charges against him and the risks of going to trial, properly notified of plea negotiations and given a full and fair opportunity to accept the state's plea offer, and did not require a competency hearing because he clearly understood proceedings. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: December 21, 2023, Case #: AC45971, Categories: Competence, Habeas, Ineffective Assistance
J. Aarons finds that the lower court properly convicted defendant of drug possession and using drug paraphernalia after both were found in plain sight by police executing a no-knock warrant at an apartment. Defendant challenged the finding that he constructively possessed the contraband, but he had keys to the apartment in his jacket pocket, which he had police retrieve from another room while he was being arrested. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: December 21, 2023, Case #: 110325, Categories: Drug Offender, Search
J. Lie finds that the trial court properly sided with an insurer that denied coverage for losses that the National Hockey League and professional hockey teams and venues suffered because of the Covid-19 pandemic. The league, teams and venues cannot claim they suffered covered physical loss or damage because their commercial insurance policies' contamination provisions exclude viral contamination. Affirmed.
Court: California Courts Of Appeal, Judge: Lie, Filed On: December 21, 2023, Case #: H050441, Categories: Insurance, Covid-19
J. Garry finds that the lower court improperly denied a husband's request to vacate custodial provisions contained in two stipulations of settlement and the judgment of divorce. The husband failed to support claims contending the wife's attorney and/or the judge coerced him to accept stipulations, but vacatur requests should not have been denied on procedural grounds; rather, the court should have entertained allowing the husband to correct any errors. Reversed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: December 21, 2023, Case #: 535607, Categories: Civil Procedure, Family Law
J. Watson finds in favor of the alliance in its case against Honolulu challenging an amendment to an ordinance to increase the minimum rental period for a non-resort property from 30 to 90 days, which effectively outlaws rentals of 89 days or less. The ordinance violates a state zoning law restricting counties from passing zoning ordinances that conflict with prior lawful uses. The resulting permanent injunction enjoins the City and County of Honolulu from enforcing the ordinance insofar as it prohibits 30-89 day home rentals in any district on O'ahu.
Court: USDC Hawaii, Judge: Watson, Filed On: December 21, 2023, Case #: 1:22cv247, NOS: Other Civil Rights - Civil Rights, Categories: Government, Property, Zoning
J. Powers finds that the lower court improperly found for a laborer struck by a car at a hotel construction site while an employee backed out of a parking spot at the request of a hotel valet. Questions of fact remain unresolved as to whether proper fencing had been placed around the area in which the laborer had been guiding equipment through the parking lot, or whether the hotel employee signaled his intentions to the equipment operator before moving his car. Reversed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: December 21, 2023, Case #: CV-22-2241, Categories: Construction, Negligence, Premises Liability
J. DuBow finds that the lower court improperly found in favor of United Services Automobile Association in this action seeking damages from an insurance company based on promissory estoppel. The court erroneously recharacterized the promissory estoppel claim as one based on negligent spoliation of evidence and then dismissed it on the grounds that Pennsylvania does not recognize such spoliation claims. Reversed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: December 21, 2023, Case #: J-E02001-23, Categories: Civil Procedure, Evidence, Insurance
J. McLeese vacates defendant's assault with a deadly weapon convictions. The government fails to show he intentionally collided with either of the victims' cars, and the nonsexual offensive touching did not inflict bodily damage. Vacated in part.
Court: DC Court of Appeals, Judge: McLeese, Filed On: December 21, 2023, Case #: 18-CF-1095, Categories: Assault, Vehicle
J. Easterly upholds defendant's assault and weapons convictions arising from his non-lethal shooting of a woman. Although the trial court improperly admitted testimony regarding shell casings identification and identification of defendant in surveillance footage, the government's other evidence was sufficient to support the convictions. Affirmed.
Court: DC Court of Appeals, Judge: Easterly, Filed On: December 21, 2023, Case #: 19-CF-0504 , Categories: Assault, Witnesses, Identification
J. Rowland finds the trial court improperly convicted defendant for first-degree murder. Though defendant originally requested to represent himself, then agreed to have counsel appointed after admonishment, any obstructionist or delay tactics did not occur until after his second request to defend himself, which was denied. The record does not support the state's assertion that defendant's requests were attempts at delay. Reversed.
Court: Oklahoma Courts Of Appeal, Judge: Rowland , Filed On: December 21, 2023, Case #: F-2021-1390, Categories: Murder, Speedy Trial, Self Representation
J. Bailey finds that the lower court properly terminated the mother's parental rights to her infant son. Contrary to the mother's argument on appeal, the evidence sufficiently supports the lower court's best interest finding. The record shows that the child tested positive for cannabinoids and also shows that the mother was expelled from a women's shelter "for violating the shelter's alcohol policy." She also failed to "engage in mental health services." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: December 21, 2023, Case #: 11-23-00184-CV, Categories: Evidence, Family Law
J. Rothstein dismisses the consumers' class action asserting that some versions of Microsoft Edge secretly collect the consumers' data while they browse the internet and then send the data to Microsoft, even if the consumers use "private" mode. The consumers do not prove that they have sufficient Article III standing for their claim, because they do not show that the collected browser information that is central to their complaint is a legally protected privacy right.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: December 21, 2023, Case #: 2:23cv1104, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Privacy, Class Action, Technology
J. Ikuta finds that the district court improperly dismissed a civil suit brought by Spencer Elden, the man who was depicted on Nirvana's "Nevermind" album when he was a baby, alleging personal injury damages on the ground that he was a victim of child pornography when, as a baby, he was photographed naked in a pool. The district court dismissed the action as barred by a ten-year statute of limitations. Because each republication of child pornography may constitute a new personal injury, Elden’s complaint alleging republication of the album cover within the ten years preceding his action was not barred by the statute of limitations. Reversed.
Court: 9th Circuit, Judge: Ikuta, Filed On: December 21, 2023, Case #: 22-55822, Categories: Damages
J. Vaughan finds that the lower court properly granted the state's petition to deny defendant pretrial release after he was charged with home invasion. Defendant has a history of not appearing for court dates, tried to dig out of his cell at the county jail, and asked his girlfriend to research locations that will not extradite him. Further, he remains a threat to the people whose home he entered with a firearm threatening to kill someone. Affirmed.
Court: Illinois Appellate Court, Judge: Vaughan, Filed On: December 21, 2023, Case #: 230970, Categories: Assault, Bail
J. James finds communications between a client and an attorney, made for the purpose of facilitating the rendition of professional legal services to the client, are presumptively confidential, and the client’s mere use of an employer’s email system, without more, does not overcome that presumption. A peremptory writ of mandamus shall issue.
Court: Oregon Court of Appeals, Judge: James, Filed On: December 21, 2023, Case #: S070063, Categories: Search, Public Intoxication
J. Sanders denies a county's motion for summary judgment, finding there are genuine issues of fact regarding a clerk claiming she was terminated for being white by the majority-black Board of Supervisors, and not for performance and discipline issues.
Court: USDC Northern District of Mississippi , Judge: Sanders, Filed On: December 21, 2023, Case #: 4:21cv166, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment, Employment Discrimination
J. Clark finds the energy provider's appeal arising from its dispute with the utilities regulatory authority must be dismissed for lack of jurisdiction. The trial court's decision to dismiss several counts of its case against the regulatory authority was not a final, appealable decision, as it remanded a single claim to the regulatory authority for further analysis.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: December 21, 2023, Case #: AC45899, Categories: Civil Procedure, Energy, Jurisdiction
[Consolidated, redacted.] J. Sabatino finds that the trial court properly convicted defendants of armed robbery of Poppie's Deli based on surveillance video that captured defendants taking the victim out of the building. Defendant was not prejudiced by the decision allowing the jury to view the video several times in slow motion because the court exercised proper discretion, and video playback occurred in open court within the presence of counsel. Affirmed.
Court: New Jersey Appellate Division, Judge: Sabatino , Filed On: December 21, 2023, Case #: A-0377-20, Categories: Evidence, Robbery, Jury Instructions
J. Illston allows medical malpractice and civil rights claims to continue against Contra Costa county officials in a dispute stemming from a young child who died in foster care from septicemia, a completely treatable illness with antibiotics, after he was left alone at night while appearing unwell and vomiting. Some claims against a handful of the individuals are tossed with leave to amend for being too broad, but the bulk of the wrongful death claims against Contra Costa proceed on the grounds that they can still be held liable for the negligent care of their foster care employees.
Court: USDC Northern District of California, Judge: Illston, Filed On: December 21, 2023, Case #: 3:21cv370, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death