156 results for 'filedAt:"2023-06-14"'.
J. Winokur finds that the trial court properly denied a mother's motion to relocate to Texas with her minor children since the court applied the correct standard and determined the move was not in the best interests of the children. Affirmed.
Court: Florida Courts Of Appeal, Judge: Winokur, Filed On: June 14, 2023, Case #: 1D21-3575, Categories: Family Law
J. Bilbrey finds that the trial court improperly denied the state's motion to continue a hearing regarding suppression of evidence related to DUI charges because the state performed due diligence in serving a police officer, and his testimony was vital to the issue. Reversed.
Court: Florida Courts Of Appeal, Judge: Bilbrey, Filed On: June 14, 2023, Case #: 1D22-8, Categories: Criminal Procedure, Search, Dui
J. Forst finds that the trial court properly ruled for the car rental company in claims contending the company caused a renter's false arrest by filing a false police report because the company had sufficient suspicion to report the car stolen after the renter refused to return the car and his credit card had declined payments. Affirmed.
Court: Florida Courts Of Appeal, Judge: Forst, Filed On: June 14, 2023, Case #: 4D22-557, Categories: Malicious Prosecution
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J. Hester finds that the trial court properly awarded the individual damages on a detrimental reliance claim relating to the renovation of a property to be used as a bar/restaurant. The evidence supports the finding that the individual "detrimentally relied on a promise made" by his lifelong friend regarding the project. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: June 14, 2023, Case #: 2022CA1160, Categories: Property, Contract
[Consolidated]. J. Smith finds a lower court properly convicted two brothers for their participation in a massive drug ring, and then sentenced them to 360 and 336 months in prison. The first brother argued that his sentence is unreasonable, while the second brother argued that wiretap and surveillance recording should be tossed out. However, the government presented sufficient evidence in court that the first brother was granted a two- year downward variance for mentoring other inmates, while the second brother was not entitled to relief based on his extensive criminal history. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 14, 2023, Case #: 21-3075, Categories: Drug Offender, Sentencing
[Consolidated]. J. Kobes finds a lower court properly convicted two co-defendants on charges of conspiracy to distribute meth and distribution of meth. The co-defendants argued that they should have been granted immunity for testifying against each other in court. However, the government sufficiently showed in court that it relied on testimony brought by a confidential informant, and not their testimonies against each other. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: June 14, 2023, Case #: 22-1686, Categories: Drug Offender, Conspiracy
J. Lourie finds that the patent board properly rejected an application for methods of "increasing prostacyclin release in the systemic blood vessels of a human with essential hypertension to improve vasodilation" on the grounds of obviousness in view of the asserted prior art. Affirmed.
Court: Federal Circuit, Judge: Lourie, Filed On: June 14, 2023, Case #: 2022-1489, Categories: Patent
J. O'Leary finds that the trial court provided the jury in defendant's first degree murder trial with clear, unambiguous instructions on provocation, premeditation and deliberation. Ample evidence that he returned to a car, retrieved two knives and pursued the victim on foot over an extended distance showed he had plenty of time to reflect and that the killing was deliberate and premeditated. Affirmed.
Court: California Courts Of Appeal, Judge: O'Leary, Filed On: June 14, 2023, Case #: G061077, Categories: Evidence, Murder, Jury Instructions
J. Nowell finds that the lower court properly granted summary judgment to the appellees in this breach of contract lawsuit involving a real estate contract. The buyer argues the appellees breached the contract by refusing to comply with a purported amendment, but the agreement was not amended by certain email communications. Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: June 14, 2023, Case #: 05-22-00177-CV, Categories: Real Estate, Contract
Per curiam, the Fifth Circuit finds the district court properly applied the career offender enhancement in sentencing defendant for his conviction on conspiracy to possess with intent to distribute five or more grams of meth. A pre-2018 predicate conviction qualifies as a controlled substance offense for sentencing even though hemp was removed from the Controlled Substance Act. Also, defendant’s Hobbs Act Robbery argument regarding intention is not applicable to a prior conviction for attempted child abuse, which requires specific intent. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 14, 2023, Case #: 21-50869, Categories: Drug Offender, Sentencing
J. Cohen finds the trial court properly determined the child support obligation and that the issue of retroactive child support was "tried by implied consent." Also, there was no abuse of discretion regarding the valuation of the rental property and the "equitable distribution" of the ex-husband's share of the property. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Cohen, Filed On: June 14, 2023, Case #: 6D23-563, Categories: Civil Procedure, Family Law, Property
J. Miller finds that the district court properly dismissed a matter brought by three environmental organizations against the United States Forest Service, challenging livestock grazing decisions in the Colville National Forest in Eastern Washington. The organizations claim that grazing decisions would lead to an increase in the number of wolf attacks on livestock, which in turn would cause the Washington Department of Fish and Wildlife to kill more wolves. The matter was properly dismissed because the organizations did not state an injury in fact. Affirmed.
Court: 9th Circuit, Judge: Miller , Filed On: June 14, 2023, Case #: 21-35936, Categories: Agriculture, Environment
J. Brown finds that the trial court properly held that the sheriff had the right to appoint a legal deputy the county could not reject in the county's action seeking to prevent the sheriff from spending money from the commissary fund throughout a state investigation. Checks issued from the fund were not improper, but the ruling does not pertain to criminal actions the sheriff may have taken. Affirmed.
Court: Indiana Court Of Appeals, Judge: Brown, Filed On: June 14, 2023, Case #: 22A-PL-2640, Categories: Civil Procedure, Government
[Consolidated.] J. Elgo finds the lower court properly terminated the mother's parental rights and granted permanent custody of her three children to family services because she failed to complete counseling services required under her case plan and was unable to care for the children. Furthermore, the lower court properly denied the grandmother's motion to transfer guardianship of the children to her because not only was she not a licensed foster caregiver, but she was also the subject of a restraining order filed by the mother and, therefore, could not provide adequate care to the children. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: June 14, 2023, Case #: AC45501, Categories: Evidence, Family Law
Per curiam, the Fifth Circuit finds the district court improperly entered summary judgment in favor of the employer in this suit brought on Fair Labor Standards Act grounds alleging a failure to pay overtime. The oilfield line locator and excavating company argues that the employees are administrators and are exempt from overtime under the Act. All employees had the responsibility to stop unsafe work and the record suggests that a reasonable jury could find that those party to the suit did not exercise discretion and independent judgment on significant matters to the extent required for the Act’s administrative exemption. Reversed and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 14, 2023, Case #: 22-50185, Categories: Employment, Labor
J. McDonald finds the lower court properly determined in a mayoral election case that state election laws do not require a municipal court clerk to personally retrieve all mail-in ballots from drop boxes. The relevant statute, when interpreted alongside other election laws, contemplates a clerk will necessarily delegate certain responsibilities to other employees and government actors. Therefore, the lower court properly denied the mayoral candidate's request for mandamus relief. Affirmed.
Court: Connecticut Supreme Court, Judge: McDonald, Filed On: June 14, 2023, Case #: SC20737, Categories: Elections, Government
J. Block preserves the bulk of a male Latino police officer’s employment discrimination lawsuit brought against the New York Police Department and allows his claims for race and sex-based disparate treatment and hostile work environment to proceed to trial. He sufficiently alleges that his coworkers ridiculed him because he was a tall, handsome and muscular male Latino, calling him a “stud,” forcing him to participate in an arm-wrestling match and telling him he should take his shirt off to get his superiors to like him more.
Court: USDC Eastern District of New York, Judge: Block, Filed On: June 14, 2023, Case #: 1:21cv3601, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Riley finds that the trial court should have dismissed negligence claims contending a school athletic trainer told plaintiff's daughter not to go to the hospital after she suffered head injuries while playing volleyball for lack of subject matter jurisdiction because the case was not presented to the medical review panel before being filed with the trial court. Reversed.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: June 14, 2023, Case #: 22A-CT-2929, Categories: Negligence, Jurisdiction
J. Heytens finds the lower court properly confirmed the Chapter 13 bankruptcy plan. Chapter 13 bankruptcy filers who earn more than the median income can use their mortgage payments to calculate how much they can afford to pay unsecured creditors rather than the relevant local standard which would have deducted less. Affirmed.
Court: 4th Circuit, Judge: Heytens, Filed On: June 14, 2023, Case #: 22-1328, Categories: Bankruptcy
J. Bunn affirms the lower court's order entered Aug. 12, 2021, finding the West Virginia Division of Motor Vehicle's Office of Administrative Hearings properly reinstated both the Berkeley County man's personal and commercial driver's licenses. The court finds DMV could not establish by a preponderance of the evidence he drove a motor vehicle under the influence of alcohol when he crashed his car into a tree in neighboring Jefferson County in the early morning of July 17, 2017, and left the scene. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: June 14, 2023, Case #: 21-0726, Categories: Government, Transportation, Vehicle
Per curiam, the appellate division finds that the lower court improperly dismissed a slip and fall suit stemming from a customer's fall in the bathroom of a supermarket. Questions of fact remain as to whether the supermarket provided any warning that the bathroom had been recently mopped and was slippery. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 14, 2023, Case #: 03222, Categories: Tort