150 results for 'filedAt:"2023-05-25"'.
J. Pillard upholds the tax court's finding for the IRS on an individual's challenge to the whistleblower office's refusal to grant him an award after he reported a condo development group had dodged paying taxes. Although the IRS discovered the group had taken an improper deduction and required it to pay a large tax adjustment, the deduction was unrelated to the issue on which the individual had reported. Affirmed.
Court: DC Circuit, Judge: Pillard, Filed On: May 25, 2023, Case #: 21-1268 , Categories: Tax, Whistleblowers
J. Males finds a lower court properly dismissed contract claims brought by a bank against a water transportation service. The bank argued that the water transportation service failed to deliver cargo after discharging a vessel. However, the bank failed to present its claims within a one year time limit. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Males, Filed On: May 25, 2023, Case #: CA-2022-2168, Categories: Banking / Lending, Contract
J. Menendez grants the tractor maker's motion for summary judgment in the insurer's twin suits against it alleging that defects in tractors it built without engine side shields in a "special manufacturing year" led two tractors sold to the insurer's insured to catch fire. The lack of side shields was a deliberate choice by the manufacturer, not a manufacturing flaw, nor was it a departure from the intended design despite holes in the frame used for the shields' installation in the prior regular model year. The tractors' warranties therefore are not implicated, since the insurer has not identified a defect to which they apply. The insurer's motion to exclude testimony from the tractor maker's expert is also denied.
Court: USDC Minnesota, Judge: Menendez, Filed On: May 25, 2023, Case #: 0:21cv1200, NOS: Contract Product Liability - Contract, Categories: Product Liability, Experts, Warranty
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J. Paris finds for the commissioner of internal revenue in this tax deficiency dispute. The taxpayers were not entitled to deduct mileage spent commuting because the work assignment was not temporary and the commute was not a deductible expense.
Court: U.S. Tax Court, Judge: Paris, Filed On: May 25, 2023, Case #: 2023-19, Categories: Tax
J. Roberts finds that the district court improperly ruled in illegal takings claims because the county's retention of excess funds following the tax sale of plaintiff's condo constituted an illegal taking. Reversed.
Court: US Supreme Court, Judge: Roberts, Filed On: May 25, 2023, Case #: 22-166, Categories: Property
J. Fisher finds that the lower court properly convicted defendant based on his guilty plea to criminal sexual act for having contact with a person passed out from medication and incapable of consent. Defendant claimed his sentence was harsh, but he received the minimum prison term authorized for a violent sex offense, coupled with the longest permitted period of postrelease supervision to ensure extended supervision. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: May 25, 2023, Case #: 111981, Categories: Sentencing, Sex Offender, Plea
J. Groves finds the trial court properly allowed the social worker to testify during defendant's trial on rape charges he believed the victim had been sexually abused because the statements did not speculate about the victim's credibility but were used only to confirm the results of the social worker's investigation. Furthermore, the trial court properly denied defendant's motion for acquittal on the rape charge. Although there was no evidence of physical violence against the victim, his relationship as a pseudo-father and her testimony she was scared he would kill her if she told anyone about the abuse satisfied the element of force. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: May 25, 2023, Case #: 2023-Ohio-1748, Categories: Evidence, Sex Offender
J. Anderson denies the employer defendants' motion to dismiss in part. The employers seek to dismiss the plaintiff plant worker's claim that she was "terminated or constructively discharged" in violation of a state law regarding Covid-19 vaccinations, arguing that the state law is preempted by federal law. However, the employers have failed to "overcome the presumption against preemption."
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: May 25, 2023, Case #: 1:22cv1123, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Preemption
J. Kleeh grants two West Virginia University School of Nursing professors and three administrators’ motion to dismiss a nurse’s civil rights suit challenging the school’s academic dishonesty policy on constitutional grounds after she was expelled from its Master of Science program. The court finds the university’s polices clearly put the nurse on notice that using outside sources such as Quizlet to complete an examination would be considered cheating, and she was given adequate process to challenge the dishonesty charge against her.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: May 25, 2023, Case #: 1:22cv65, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Health Care
J. Xinis grants T.J. Maxx’s motion for summary judgment following allegations of race discrimination brought by a former store manager. The manager, a Black woman, was fired, but she had several incidents of forgery in her record over her five years with the company. Also, other Black employees of similar stature were not discriminated against due to race and a Black person was hired in her place, so she lacks standing.
Court: USDC Maryland, Judge: Xinis, Filed On: May 25, 2023, Case #: 8:20cv3204, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Alvord finds the lower court properly granted the estate's motion for summary judgment and disbursed the proceeds of the life insurance policy to the estate. The wife's claim for the proceeds was expressly prohibited under her separation agreement with the decedent. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: May 25, 2023, Case #: AC45565, Categories: Family Law, Wills / Probate
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by possessing a weapon and contraband. A second contraband charge was brought against him after a strip-frisk revealed he possessed synthetic cannabinoids. The inmate's claims that the charges were retaliatory presented a credibility issue resolved by the hearing officer. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 25, 2023, Case #: 535627, Categories: Drug Offender, Weapons, Prisoners' Rights
J. Oing finds that the lower court properly dismissed a shareholder challenge to the acquisition of a Canadian oil company by ExxonMobil. The shareholders failed to dissent in the Canadian proceedings that won an amended transaction and raised the valuation for the acquired company. The contingent resource payment agreement unambiguously provides that only the holder committee can initiate a proceeding to challenge the agreement, so they lack standing to pursue their claims. Affirmed.
Court: New York Appellate Divisions, Judge: Oing, Filed On: May 25, 2023, Case #: 02829, Categories: Securities, Contract
J. DeGravelles denies a request by the Secretary of Louisiana’s Department of Corrections to dismiss experts for three inmates who are suing him personally for unlawfully over-detaining thousands of state prisoners each year since 2012. One expert served as director of state correctional systems at Missouri and Arizona and participated in the American Bar Association’s development of standards for the treatment of prisoners. The secretary unsuccessfully argued that simply because the expert had a career in prison administration, “which never remotely involved the state of Louisiana, does not qualify her to opine on whether [DOC] has over detained anyone.” The ruling disagrees, finding the out-of-state expert “sufficiently qualified.”
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: May 25, 2023, Case #: 3:20cv233, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Experts, Prisoners' Rights
[Consolidated.] J. Woodrow denies the contractor’s appeals of the Air Force’s denial of compensation costs for a second tensile strength test on a design-build contract for the replacement of a bridge at Joint Base San Antonio, Texas. Due to the late arrival of a concrete truck and the resulting inconsistently cured foundation, a second foundation had to be poured after the destruction of the first. The Air Force properly put the contractor on notice of the need for a second tensile strength test when it commented on the designer’s recommendation, and the test was reasonable and necessary to ensure the bridge deck integrity. The signed final inspection is not equivalent to acceptance.
Court: Armed Services Board Of Contract Appeals, Judge: Woodrow, Filed On: May 25, 2023, Case #: 63353, Categories: Construction, Government, Contract
J. McShane dismisses the former manufacturing technician's claims that the manufacturing company wrongfully fired her because it did not want to provide accommodations for her cataract and dry eye condition. Most of the former technician's claims prior to Apr. 25, 2018, are time-barred. As for the remaining disparate treatment claims, she does not present evidence that the manufacturing company reduced her pay and benefits or that it significantly changed her duties, and it had a reasonable cause to dismiss her due to her disrespect toward co-workers.
Court: USDC Oregon, Judge: McShane, Filed On: May 25, 2023, Case #: 6:20cv1201, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Zilly finds in favor of the insurance company on claims from the apparel company and its managing member alleging that the insurance company did not honor its commercial liability policy by not defending or indemnifying the apparel company in an underlying lawsuit. The insurance company has no duty to defend or indemnify the apparel company because the underlying lawsuit does not allege an advertising injury as defined in the policy. The apparel company's use of the opposing parties' logos and art as part of the former's "nostalgia branded apparel" did not cause the injury, but rather the apparel company caused the opposing parties' damages when it did not pay the specified percentages of its sales.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: May 25, 2023, Case #: 2:22cv417, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Contract
J. Bradford finds that the trial court improperly ruled in negligence claims in which an insurer contends a corporation discarded evidence related to a fire that damaged an insured home by finding that the insurer failed to properly plead that the corporation had a duty to preserve the evidence. Reversed.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: May 25, 2023, Case #: 22A-CT-1924, Categories: Evidence, Negligence
J. Hillman rules against a home health company accused of misclassifying employees as exempt from overtime because a jury could conclude that other testifying employees were subject to a pattern of being denied overtime, and the parties did not have a definitive, mutual understanding that salaries would cover overtime hours worked.
Court: USDC New Jersey, Judge: Hillman , Filed On: May 25, 2023, Case #: 1:17cv1742, NOS: Fair Labor Standards Act - Labor, Categories: Employment