170 results for 'filedAt:"2023-06-22"'.
J. Briggs finds a lower court improperly ruled in favor an investor migrant on the home department's denial of leave to remain in the U.K. The investor migrant argued that she was entitled to remain in the U.K. based on her substantial financial contribution to the government. However, the home department sufficiently showed in court that she invested her money into a company owned by two Russian nationals, which was not a qualifying investment. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Briggs, Filed On: June 22, 2023, Case #: 23UKSC21, Categories: Government, Immigration
J. Englander vacates the trial court's dismissal of a group of consumers' claim for injunctive relief pertaining to a tax they paid for a cell phone when it was bundled with cell phone services. Under the tax directive at issue, consumers are paying tax at more than the price they paid for the phone. Vacated in part.
Court: Massachusetts Court Of Appeals, Judge: Englander, Filed On: June 22, 2023, Case #: 21-P-805, Categories: Tax, Consumer Law
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J. Reynolds Fitzgerald finds that the lower court properly declined to vacate defendant's conviction for assault, reckless driving, and driving while ability impaired after a night on the town ended in a crash that severely injured a passenger. Defendant contends counsel was ineffective for failing to seek a mistrial after two local newspapers published comments in which the judge accused defendant of dishonesty and misconduct, but the statements had been made outside the jury's presence and jurors had been admonished to avoid news reports on the trial. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: June 22, 2023, Case #: 113556, Categories: Ineffective Assistance, Judiciary, Dui
J. Aarons finds that the lower court properly found for a doctor and hospital in malpractice claims concerning a missed diagnosis of lung cancer. The doctor, a primary care physician, was entitled to rely on interpretations of imaging studies that did not suggest lung cancer, and a radiologist who read the initial scans was properly granted summary judgment because the estate failed to raise an issue of fact on causation. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: June 22, 2023, Case #: 532755, Categories: Experts, Medical Malpractice
J. Ceresia finds that the lower court properly dismissed conversion claims brought after money held in escrow from a land sale in which plaintiff's late husband held an interest passed to his former business partner during the purchase of two businesses they co-owned. The general release from claims as contained in the sale as signed by plaintiff did not contain a carve-out for the escrow money, and the release shielded the law firm handling the partner's purchase from fiduciary duty claims. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: June 22, 2023, Case #: 535583, Categories: Fiduciary Duty, Conversion, Contract
J. Long affirms a lower court ruling in favor of a city tax assessor and against a limited liability corporation. The lower court correctly held that a three-month statute of limitations barred the LLC’s challenge to the tax official’s assessment of its property taxes.
Court: Rhode Island Supreme Court, Judge: Long, Filed On: June 22, 2023, Case #: 21-38, Categories: Civil Procedure, Government, Tax
[Consolidated.] J. McShan finds that the lower court properly dismissed due process claims brought against court personnel involved in plaintiff's sexual abuse conviction and appeal. The presiding judge had immunity concerning his methods for conducting trial, and the clerk who transcribed the trial had not received appropriate service, as she had retired. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: June 22, 2023, Case #: 535761, Categories: Immunity, Due Process
J. Hodges finds that the trial court improperly ruled in favor of the mall in a cross-claim brought against the security company seeking defense and indemnification on the worker's negligence claim arising from gunshot injuries she suffered during an altercation inside the mall. The worker's allegations against the security company are sufficient to require the security company to defend the mall under the security agreement. However, the trial court incorrectly found that the security company had a duty to indemnify the mall because the question of the company's liability has not yet been determined. Reversed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: June 22, 2023, Case #: A23A0390, Categories: Negligence, Indemnification
Per curiam, the appeals court finds that the trial court improperly partially denied the hospital's motion for partial summary disposition in an injunctive relief action against the company. The action arose after the company claimed to be unable to process or assign an insurer to the hospital's claim for benefits seeking to be reimbursed for medical services. The trial court incorrectly denied the hospital's motion with regard to its claim for penalty interest and attorney fees. The company's actions in claiming that the hospital could not gather information from third parties to help determine whether the injured individual was ineligible for benefits prejudiced the hospital's ability to claim timely payment. Reversed in part.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: June 22, 2023, Case #: 361109, Categories: Insurance, Injunction
J. Immergut declines to dismiss the company member's claim that the public accountant falsified the company member's tax records, causing years of audits. The company member sufficiently supports his breach of contract claim because he alleges the existence of four relevant tax preparation services contracts between himself and the public accountant, the relevant contract terms and the alleged breach.
Court: USDC Oregon, Judge: Immergut, Filed On: June 22, 2023, Case #: 3:22cv1322, NOS: Other Contract - Contract, Categories: Tax, Contract
J. Johnson finds the trial court properly found in favor of the residential fiber optic broadband service business partner who allegedly failed to form the LLC as an equal partnership, as agreed. An original “letter agreement” included material terms such as ownership units, capital contributions and the effective date of formation, though the amended and restated “company agreement” was never executed. The court also properly denied the prevailing party’s request for attorney fees. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: June 22, 2023, Case #: 09-21-00340-CV, Categories: Business Expectancy, Attorney Fees, Contract
J. Suttrell vacates a civil jury award against the nephew of a deceased uncle in the amount of $1,560,909 in favor of his aunt’s estate on the claim the younger man conspired to illegally convert his uncle’s inheritance. The trial justice erred by permitting a witness, a notary, to testify at trial despite knowing in advance that she would invoke her Fifth Amendment privilege. Her potentially explosive assertion of her Fifth Amendment privilege impermissibly tipped the scales in favor of the aunt’s estate and against the nephew by allowing the jury to draw adverse inferences against him for the possible criminal conduct of the notary. Vacated and remanded.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: June 22, 2023, Case #: 21-56, Categories: Constitution, Jury, Privilege
J. Egan finds that the lower court properly revoked strict community supervision imposed upon defendant for sex offenses and confined him once again to a secure treatment facility. Testimony from experts characterized defendant as a dangerous sex offender who has so much difficulty controlling his sexual conduct that he cannot be safely managed without exposing the community to undue risk of new offenses. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: June 22, 2023, Case #: 535025, Categories: Sentencing, Sex Offender
J. Payne grants the consulting company's motion to dismiss. The consulting company's alleged report was given to the development company to aid in their decision to purchase a large parcel of land to develop housing and failed to mention restrictive proffers who significantly limited the development of the property. The agreed-upon terms bar the development group from seeking damages against the consulting company.
Court: USDC Eastern District of Virginia, Judge: Payne, Filed On: June 22, 2023, Case #: 3:23cv87, NOS: Other Contract - Contract, Categories: Real Estate, Contract
J. Egan finds the trial court erred by allowing the state to shift the burden of proof in closing argument against defendant, convicted of purchasing a firearm illegally. Allowing the statements “raised a ‘realistic possibility of confusing jurors.’” Reversed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: June 22, 2023, Case #: A176291, Categories: Evidence, Firearms, Jury
J. Mathis finds the lower court improperly imposed consecutive sentences for convictions that stemmed from defendant's violation of supervised release. Changes in sentencing guidelines rendered the sentences well over the statutory limit without an adequate explanation. Although the court discussed defendant's criminal history and previous convictions, it essentially imposed the same sentence as the one handed down upon the original remand from this court, even though the guideline changes dramatically reduced the range for the convictions. Reversed.
Court: 6th Circuit, Judge: Mathis, Filed On: June 22, 2023, Case #: 22-1970, Categories: Drug Offender, Sentencing
J. Chun denies summary judgment to the U.S. Department of Justice for the nonprofit organization's claim that the department improperly invoked exemption 6 in redacting the alleged tortfeasors’ names who are Drug Enforcement Administration employees, which relates to the nonprofit's FOIA request seeking disclosure of records of “all litigation against the [DEA] and/or its employees or agents where the [DEA] and/or its insurers paid $1,000 or more to resolve claims.” Revealing the alleged tortfeasors' names would not constitute an unwarranted invasion of personal privacy when weighed against the significant interests favoring disclosure.
Court: USDC Western District of Washington, Judge: Chun, Filed On: June 22, 2023, Case #: 2:20cv674, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Public Record, Discovery
J. Kethledge finds the lower court erroneously refused to rule on the safety inspector's request for qualified immunity from equal protection and due process claims filed by a hotel related to his decision to fail its elevator upgrades. Although no discovery had taken place, a court must use the facts in the complaint to make an immunity determination at the pleading stage. Therefore, the court's refusal to consider the immunity argument is considered a denial, and because the inspector sealed the hotel's elevators without providing advance notice they were required to descend to the basement in case of an emergency, the hotel has made a viable due process claim and the inspector is not entitled to immunity.
Court: 6th Circuit, Judge: Kethledge, Filed On: June 22, 2023, Case #: 22-1345, Categories: Immunity, Due Process
J. Mooney finds the trial court erred in deciding to award attorney fees in a failed marijuana venture. The factors the court considered “do not apply to a request for a mandatory award of fees.” Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: June 22, 2023, Case #: A175537, Categories: Attorney Fees
J. Pierre-Louis finds that the appellate division improperly admitted evidence of hollow point bullets seized from defendant's trunk during a traffic stop. The officer did not have a reason to search the engine or trunk of the vehicle even though the officer smelled raw marijuana in the car during the stop after receiving a "be on the lookout" alert, as contraband had not been found in the cabin of the car. Reversed.
Court: New Jersey Supreme Court, Judge: Pierre-Louis , Filed On: June 22, 2023, Case #: A-50-21, Categories: Drug Offender, Search, Weapons
J. Pitman partially grants a motion to compel arbitration in a convoluted contract dispute that happened after former plans by the parties in this case to create a real-estate investment fund went sour. This case should be “bifurcated,” with some claims going to arbitration and others going to federal court, because while this “may be inefficient,” it is a “direct result of the parties’ decisions in this litigation,” including a decision by one party to not originally include an opposing party in arbitration despite a Fifth Circuit ruling on the matter.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: June 22, 2023, Case #: 1:20cv1247, NOS: Other Contract - Contract, Categories: Arbitration, Real Estate, Contract
J. Rickman finds that the trial court properly denied defendant's general demurrer and plea in bar to a charge for methamphetamine possession. The trial court correctly found that the accusation against defendant included all the necessary elements even in the absence of an express mens rea element. The accusation charged defendant with unlawfully possessing meth in violation of the statute by tracking the language of the statute. Affirmed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: June 22, 2023, Case #: A23A0559, Categories: Criminal Procedure, Drug Offender
J. Atkins finds that the trial court should not have determined the city council acted arbitrarily and capriciously in its denial of a developer's request for a zoning map amendment. Under Louisiana jurisprudence, since the city council's vote constituted a zoning decision by a legislative body, it is presumed to be valid unless the developer can demonstrate that the decision was arbitrary. In this case, there were only two public comments in favor of the zoning amendment request, one being from a member of the developer's corporation. The rest of the public comments were against the zoning request, citing concerns of property values and showing that the developer bought the land knowing that it was not zoned to be fully commercial. Further, there were concerns regarding removing affordable housing for low-income residents, additional commercial activity keeping their children up at night, and that the zoning change would affect the culture and historic background of the neighborhood. Reversed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: June 22, 2023, Case #: 2022-CA-0813, Categories: Evidence, Government, Zoning