174 results for 'filedAt:"2023-07-12"'.
J. McAvoy finds in favor of State Farm on two insureds’ claims for denial of coverage of losses a fired caused to their rental property. The insurer was in its right to disclaim coverage after it was discovered during an investigation of the fire that the insured sent a letter to an individual and offered him $5,000 to set the property on fire and subsequently lied about the circumstances of the letter to insurance investigators.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: July 12, 2023, Case #: 5:21cv457, NOS: Insurance - Contract, Categories: Fraud, Insurance
J. Gilman finds the statutory maximum sentence handed down by the trial court for defendant's firearms convictions was not procedurally unreasonable. Her point-blank shooting of a police officer after a vehicle chase sufficiently showed she had intent to kill the officer, which renders the court's guideline range accurate. Affirmed.
Court: 6th Circuit, Judge: Gilman, Filed On: July 12, 2023, Case #: 22-5624, Categories: Firearms, Sentencing
J. Keenan finds the court lacks jurisdiction to consider the appeal challenging the defendant insurer’s duty to defend the general contractor in a lawsuit over construction defects at a residential property.
Court: 4th Circuit, Judge: Keenan, Filed On: July 12, 2023, Case #: 19-1498, Categories: Insurance, Jurisdiction
J. Higginson finds the district court properly affirmed the bankruptcy court’s granting of summary judgment to the prevailing party granted a multi-million-dollar arbitration award against his former lawyer and son-in-law. The lawyer filed for bankruptcy, seeking to dismiss the award. The father-in-law objected under code governing “exceptions to discharge” with the bankruptcy court granting him summary judgment based on the award’s being entitled to preclusive effect based on collateral estoppel. A disclaimer, as argued by the lawyer, specifies the award as “reasoned” and not “formal findings of fact and law.” But the disclaimer is not dispositive and the arbitrator’s substantial document of award, emerging from an 11-day hearing involving more than 300 exhibits and testimony from 16 witnesses, satisfies the requirements for collateral estoppel. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: July 12, 2023, Case #: 22-50788, Categories: Arbitration, Bankruptcy
J. Powers finds the Oregon Board of Psychology properly concluded that a California psychologist practiced in Oregon without a license when he authored a psychological report provided to individuals in Oregon. “Petitioner’s report meets the definition of rendering ‘evaluation’ services to individuals.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: July 12, 2023, Case #: A176119, Categories: Medical Malpractice
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J. de Alba enjoins the foreclosure of the home of a family who claims they were conned into refinancing their mortgage on promises of receiving $50,000 to cover medical bills, but instead received $10, almost 12 percent interest on a $348,000 loan due in 24 months, and $27,000 in brokerage fees. They have shown a likelihood of success on the merits and that they will suffer irreparable harm without an injunction.
Court: USDC Eastern District of California, Judge: de Alba, Filed On: July 12, 2023, Case #: 1:23cv1016, NOS: Truth in Lending - Torts - Personal Property, Categories: Property, Banking / Lending, Injunction
J. Marks remands a group of individuals' negligence action against a freight hauler arising from a vehicle accident in which a tractor-trailer rear-ended a car, killing all eight minors in the vehicle. The negligent hiring and vicarious liability state law claims are not preempted by the Federal Aviation Administration Authorization Act and, therefore, the district court lacks federal-question jurisdiction.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: July 12, 2023, Case #: 2:23cv90, NOS: Commerce - Other Suits, Categories: Vehicle, Negligence, Jurisdiction
J. Chutich affirms the Court of Appeals' determination that a trust amendment substantially complied with the original trust's terms dictating methods of amendment, and finds that the district court acted within its equitable powers to strike a provision requiring beneficiaries to "start acting [like] family again to my son" to receive payment while retaining the remainder of the amendment. Affirmed.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: July 12, 2023, Case #: A22-0144, Categories: Trusts, Wills / Probate
J. Thomas finds that the trial court improperly ruled regarding restitution following defendant's conviction for failure to return leased property because the court failed to base restitution on the fair market value of the equipment. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Thomas, Filed On: July 12, 2023, Case #: 1D22-1185, Categories: Theft, Restitution
Per curiam, the court of appeal finds that the trial court improperly ceased a father's efforts to reunite with his minor children since the court failed to make written findings as to the children's best interests. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: July 12, 2023, Case #: 2D22-3836, Categories: Family Law
J. Silberman denies an insurer certiorari review after the trial court granted the windshield glass company's motion to compel production of the provider agreement with another glass company. The court properly considered the insurer's right to protect trade secrets against the relevance of information contained in the agreement and also required a confidentiality agreement to be signed in order to protect trade secrets.
Court: Florida Courts Of Appeal, Judge: Silberman, Filed On: July 12, 2023, Case #: 2D23-93, Categories: Insurance, Contract
J. Ciklin grants petitioners a writ of certiorari after the trial court declined to disqualify the trial judge in the underlying probate matter because the judge's comments as to the truthfulness of the allegations created grounds for disqualification. Reversed.
Court: Florida Courts Of Appeal, Judge: Ciklin, Filed On: July 12, 2023, Case #: 4D23-102, Categories: Judiciary, Wills / Probate
J. Reed finds a lower court improperly ruled in favor of a customer on negligence claims against a bank. The customer argued that the bank is on the hook for failing to block criminals from accessing her account, which resulted in two transfers of hundreds of thousands of dollars. However, the bank sufficiently showed that the customer, and not the bank, authorized a fraudulent "push- payment" to a third party fraudster. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Reed, Filed On: July 12, 2023, Case #: 2023UKSC25, Categories: Fraud, Banking / Lending
J. Khalsa denies summary judgment to a driver who was beat up by another motorist after his car was intentionally hit by that motorist. The driver is seeking uninsured motorist coverage for the serious injuries he suffered. Genuine factual disputes exist as to whether the injuries arose from the operation, maintenance or use of the attacking driver’s vehicle.
Court: USDC New Mexico, Judge: Khalsa, Filed On: July 12, 2023, Case #: 1:22cv370, NOS: Insurance - Contract, Categories: Insurance, Tort, Assault
J. Thierry finds that the trial court properly granted the plaintiff driver and his wife judgment notwithstanding the verdict regarding the issues of liability and damages in an auto accident case. The evidence and applicable law showed the defendant driver should have been deemed fully at fault for the plaintiff driver's injuries. Also, the jury's award of nothing for future damages "ignores the overwhelming evidence" in favor of the plaintiff driver. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: July 12, 2023, Case #: CA-22-712, Categories: Civil Procedure, Damages, Negligence
J. Perry finds that the juvenile court properly adjudicated the juvenile delinquent for three criminal offenses, which included resisting a police officer who helped break up a fight after a high school basketball game. The testimony of the officers sufficiently supports the adjudications for the three charges. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: July 12, 2023, Case #: JAK-23-117, Categories: Evidence, Juvenile Law, Resisting Arrest
J. Gruender finds a lower court improperly granted a County's motion for summary judgment concerning a civilian's civil rights claims. The County argued that it was not obligated to assign the sheriff department to investigate claims that his daughter's boyfriend accosted him on his property. However, the civilian presented sufficient evidence in court that his daughter's boyfriend had connections to employees of the County's clerk of court. Reversed.
Court: 8th Circuit, Judge: Gruender, Filed On: July 12, 2023, Case #: 22-3002, Categories: Civil Rights, Constitution, Equal Protection
J. Linn finds that a company was properly denied a request to reissue a patent for a floating grill design because the reissue claim did not cover "the invention disclosed in the original patent." Affirmed.
Court: Federal Circuit, Judge: Linn, Filed On: July 12, 2023, Case #: 22-1438, Categories: Patent
J. Marbley denies, in part, the arrested individual's motion in limine, ruling that while the Sixth Circuit determined in a previous appeal involving this case the arresting officers could be held liable for the malicious prosecution claim, that ruling was not a definitive statement that should preclude the defendants from offering evidence at trial that the prosecutor, not the officers, were behind the arrest. Meanwhile, because the videos of another individual claiming to be the driver of the arrested individual's car on the night of the chase have not been verified, the officers' motion to exclude them from trial will be held in abeyance.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: July 12, 2023, Case #: 2:20cv1549, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Malicious Prosecution
[Consolidated.] J. Chin finds that the district court improperly held that a bank's ex-employee could be compelled to arbitrate his termination and enjoined him from enforcing an Argentinian judgment holding that he was owed severance upon being unable to rejoin the Buenos Aires branch after losing his job in New York City. The court lacked subject matter jurisdiction because the Buenos Aires branch failed to establish its separate legal existence, and the corporate entity Citibank, the real party in interest, did not seek to substitute for the branch, leaving no adverse parties. Reversed.
Court: 2nd Circuit, Judge: Chin, Filed On: July 12, 2023, Case #: 22-424-cv(L), Categories: Arbitration, Employment, Jurisdiction
J. Lindsey finds the trial court's re-sentencing order subsequent to defendant's conviction of first-degree murder is constitutional. The Eighth Amendment violations defendant claims from his re-sentencing order do not apply in this case under Florida law and Florida Supreme Court precedent, and he was not entitled to re-sentencing on his homicide charge despite changes in law since his 1988 conviction entitling him to re-sentencing on related burglary and sexual battery charges. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: July 12, 2023, Case #: 19-0439, Categories: Constitution, Murder, Sentencing
J. Maltese finds that the lower court properly denied the property owner's request for authorization to conduct an interview with a physician's assistant who treated the woman injured on its property. The property owner sought to question the physician's assistant about a statement the woman made about the cause of her accident, not about the treatment of her injury. Affirmed.
Court: New York Appellate Divisions, Judge: Maltese, Filed On: July 12, 2023, Case #: 03817, Categories: Tort, Discovery
J. Hendon finds the trial court properly entered final summary judgment in favor of the window and door manufacturer in the laborer's lawsuit stemming from injuries he suffered unloading a heavy shipment of windows and doors delivered to his employer by one of the manufacturer's employees. In part because the evidence in the record shows the manufacturer is not liable based on whether its employee strapped or did not strap the shipment to a forklift after delivery and the laborer tried to unload the shipment by himself despite his employer's rules stating such a heavy shipment requires at least two people to unload, there are no genuine disputes of fact contravening the trial court's ruling and the manufacturer is entitled to judgment as a matter of law. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: July 12, 2023, Case #: 22-0824, Categories: Tort, Negligence