90 results for 'filedAt:"2023-12-22"'.
J. Mansfield finds that a doctor was improperly denied summary judgment in medical malpractice claims concerning injuries resulting from breast reduction surgery because the expert who signed the patient's certificate of merit was retired and lacked an active license to practice medicine as required under Iowa Code 147.139(1). Reversed.
Court: Iowa Supreme Court, Judge: Mansfield, Filed On: December 22, 2023, Case #: 22-1572, Categories: Experts, Medical Malpractice
Per curiam, the Iowa Supreme Court finds that a doctor was improperly denied summary judgment in medical malpractice claims concerning injuries resulting from breast reduction surgery because the expert who signed the patient's certificate of merit was retired and did not have an active license to practice medicine, as required under Iowa Code 147.139(1). Reversed.
Court: Iowa Supreme Court, Judge: Per curiam, Filed On: December 22, 2023, Case #: 22-1927, Categories: Experts, Medical Malpractice
Per curiam, the appellate division finds that the trial court properly voided a settlement entered by a husband and wife because the wife, who was not represented by counsel when she signed the settlement, often appeared distraught and emotional during the hearing, and the husband had placed her under duress when she signed the agreement. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 22, 2023, Case #: CA 22-01984, Categories: Family Law, Settlements
J. Bamattre-Manoukian finds that the trial court properly admitted evidence found after defendant was required to use his fingerprint to unlock his phone. Two electronic communications search warrants supported the compulsion, and regardless of the warrants, the evidence showing he had sexually abused several minors met the good faith exception to the exclusionary rule. The search did not violate his right against self-incrimination because he was not compelled to provide a combination or other contents of his mind, and because the use of his fingerprint was not a testimonial act. Even if the state's expert testimony about the responses typical of childhood sexual abuse victims was impermissible, the error was harmless. And his due process rights were not violated by an instruction that the jury could rely on proof established of any charged offense to show his predisposition to commit the other charged offenses. Affirmed.
Court: California Courts Of Appeal, Judge: Bamattre-Manoukian, Filed On: December 22, 2023, Case #: H049957, Categories: Search, Sex Offender, Due Process
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J. Susswein finds that the trial court properly denied petitioner an ID card and permit to purchase a handgun on grounds that he falsified information on the application and due to a past physical altercation with a neighbor. Disqualifying for falsification does not require a criminal charge of perjury, and while the applicant's past psychiatric treatment would not automatically waive his right for the permit, such would likely warrant follow-up inquiries. Affirmed.
Court: New Jersey Appellate Division, Judge: Susswein , Filed On: December 22, 2023, Case #: A-3899-21, Categories: Constitution, Firearms
J. Fuller finds that the trial court properly convicted defendant of rape, aggravated assault and false imprisonment. Defendant was acquitted of other rape and aggravated assault charges. The verdicts against him were not repugnant. A prosecutor's reference to defendant's past conviction for aggravated assault and propensity to commit crimes was improper but probably did not impact the trial outcome. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: December 22, 2023, Case #: A23A1751, Categories: Sex Offender, Assault
Per curiam, the appellate division finds that the trial court properly dismissed amended claims contending a Canadian company failed to renew a contract for supply parts because plaintiff, an aerospace company, failed to demonstrate the parties entered a special relationship, and any potentially leading questions asked by counsel for the other company had been harmless. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 22, 2023, Case #: CA 22-01667, Categories: Fraud, Contract
J. Attrep finds the workers' compensation judge properly denied the employee's request for long-term disability benefits. Her termination for misconduct rendered her ineligible for such benefits even though her injury was legitimate. Although "misconduct" is defined in unemployment benefits cases as being willful, the court will not adopt the same definition in the workers' compensation context under guidance from the New Mexico Supreme Court that requires employers and employees be given equal consideration in such cases. Therefore, the employee's termination more than a year prior to her benefits application precluded the award of any benefits. Affirmed.
Court: New Mexico Court of Appeals, Judge: Attrep, Filed On: December 22, 2023, Case #: A-1-CA-39609, Categories: Employment, Workers' Compensation
J. Castel grants the bank's motion to dismiss replevin, conversion and tortious interference claims brought by a purchaser of $312 million worth of non-performing residential mortgage loans that the bank serviced. The purchaser is incorporated in Delaware, whereas the bank conducts its operations from California, Michigan and Texas. Only 63 of the 2,866 loans in the package are for real property in New York. The purchaser cannot show a significant connection between the bank's business activities and New York state.
Court: USDC Southern District of New York, Judge: Castel, Filed On: December 22, 2023, Case #: 1:22cv10059, NOS: Other Contract - Contract, Categories: Corporations, Jurisdiction, Banking / Lending
Vice Chancellor Laster declines to dismiss claims contending a real estate investment fund complex failed to pay a worker shares from and equity in one of its entities because the contract can be read in more than one way, and whether the employment agreement governs remained in dispute.
Court: Delaware Chancery Court, Judge: Laster, Filed On: December 22, 2023, Case #: 2022-0970-JTL, Categories: Contract
J. Nowell finds that the lower court properly terminated the parental rights of the mother and the father to the child. The father contends that the lower court improperly admitted hearsay evidence in violation of the Texas Family Code, but he failed to preserve his issue. Also, contrary to the mother's argument, the evidence sufficiently supports the best interest finding, as the child is bonded with the foster family and the mother refused "to believe her children's outcries despite clear and convincing evidence of Father's abuse." Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: December 22, 2023, Case #: 05-23-00667-CV, Categories: Evidence, Family Law
Per curiam, the appellate division finds that defendant was improperly convicted of drug and weapons charges after each were found in his basement. Defendant failed to demonstrate he had a reasonable expectation of privacy in the basement, a storage area not associated with his apartment, but the court should have evaluated the admissibility of evidence obtained under a phone warrant. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 22, 2023, Case #: KA 20-00312, Categories: Drug Offender, Search, Weapons
J. Rodriguez holds that the trial court erroneously found that ERISA preempted an insurer's subrogation claim against the manufacturer of an allegedly defective medical device. The claim is not preempted since the insurer seeks damages from the third party device manufacturer for its plan members' health care costs, not plan benefits or any relief related to plan participants. However, the trial court properly struck the insurer's claims for punitive damages since the plan's terms do not allow subrogation damages to exceed the recovery of benefits paid. Reversed.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: December 22, 2023, Case #: A166579, Categories: Erisa, Preemption, Product Liability
J. Leahy finds the lower court properly determined an administrator, who is also the son of a shipping supply company owner, left the company, taking many of the company’s employees with him to start a competing company. The lower court properly found the employees in breach of contract, as they violated the terms of the non-compete agreement with the supply company, and found that many of the company’s documents were taken, including client lists and proprietary information. However, the lower court erred in accepting the supply company’s calculation of damages, as they were not properly compiled, and also erred in finding the employee’s actions were malicious. The matter is remanded for a re-assessment and calculation of damages. Affirmed in part.
Court: The Appellate Court of Maryland, Judge: Leahy, Filed On: December 22, 2023, Case #: 421, Categories: Antitrust, Trade Secrets, Contract
J. Pedersen finds that the lower court properly denied the appellant's request for enforcement of the property division in a divorce decree, in which he specifically sought the conveyance of certain real property after the appellee allegedly failed to build a home there. Contrary to the appellant's argument on appeal, the build provision in the divorce decree is not ambiguous. Also, any conflict regarding "whether the decree conveys to appellee a fee simple absolute in the land or a fee simple determinable" is immaterial to the order denying his requested relief. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: December 22, 2023, Case #: 05-22-00137-CV, Categories: Civil Procedure, Family Law, Real Estate
J. Schreier denies a university's motion to to dismiss retaliation claims brought by two music professors who alleged they were illegally terminated. A female professor was allegedly excluded from meetings so the men could engage in “real talk.” She filed a Title Title IX complaint claiming discrimination and retaliation. Another professor allegedly faced similar retaliation after the female professor told university officials that he would be a witness for her. He was subsequently removed from his position as director of choral studies. The female professor's sex discrimination claims with respect to her alleged removal as department chair, director of vocal studies, director of the university summer music camp and reduced salary continue.
Court: South Dakota Supreme Court, Judge: Schreier, Filed On: December 22, 2023, Case #: 4:23cv4086, Categories: Education, Employment, Employment Discrimination
Per curiam, the appellate division finds that the trial court properly dismissed amended defamation claims contending school district officials had told board members that a student was planning to attack the school with a shotgun given to him by his parents for graduation because the comments had been made as official performed public duties at a school board workshop session, and nothing indicates they believed the statements to be false. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 22, 2023, Case #: CA 22-01943, Categories: Defamation
J. Stiglich denies the board of regent's petition for a writ of mandamus, which seeks to preclude the district court's exercise of jurisdiction over the students' breach of contract and unjust enrichment claims arising from the board's changing of in-person classes to online classes during the Covid-19 pandemic. The district court denied the board's motion to dismiss, emphasizing that though its findings were not conclusive, the students' pleadings were sufficient to defeat the motion pending further discovery.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: December 22, 2023, Case #: 84859, Categories: Education, Covid-19, Contract
J. Clement finds the district court improperly certified the class action against State Farm. Vehicle owners seeking actual cash value, according to their insurance contracts, for totaled vehicles, disagree with the source used by State Farm to determine that amount. The source used by State Farm is one of many acceptable industry sources and the class cannot show a class-wide injury. Vacated.
Court: 5th Circuit, Judge: Clement , Filed On: December 22, 2023, Case #: 22-30126, Categories: Insurance, Vehicle, Class Action
J. McHugh grants Philadelphia’s motion to dismiss a self-representing litigant’s complaint against the Licenses and Inspections Department for failing to back his eviction of tenants from a property, which his late mother owned, due to raw sewage in the basement. The litigant failed to state a claim for the department’s violations of his rights to due process or equal protection.
Court: USDC Eastern District of Pennsylvania, Judge: McHugh, Filed On: December 22, 2023, Case #: 2:23cv4651, NOS: All Other Real Property - Real Property, Categories: Property, Due Process, Equal Protection
J. Warner finds a lower court properly dismissed a foster parents' motion for permanent placement of a foster child. The foster parents argued that they are entitled to adopt an infant after serving as caregivers since birth. However, although the Department for Children and Families' caseworkers sufficiently showed in court that the infant may be best placed in a home with her biological siblings, the court lacks jurisdiction over post- termination decisions. Vacated.
Court: Kansas Courts Of Appeal, Judge: Warner, Filed On: December 22, 2023, Case #: 126,025, Categories: Family Law, Jurisdiction