209 results for 'filedAt:"2023-07-13"'.
J. Mays dismisses defendant's delayed appeal arising from when he pleaded guilty to one count of attempted abduction and one count of gross sexual imposition. Defendant claims that the sentence was too harsh and that he should not have been allowed to register himself as a Tier I sex offender, but he makes his arguments without citing either relevant legal citation or Ohio law statutes.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: July 13, 2023, Case #: 112228, Categories: Sex Offender
J. Bennett denies Walmart’s motion to dismiss ADA violations allegations made by a former department manager after it denied her leave as an accommodation. Walmart moved to dismiss because it claimed the manager did not timely file suit after given the right to sue by the EEOC, but given that she filed suit within 90 days after opening the EEOC’s email, she has timely filed. However, she does not provide sufficient evidence of Walmart’s violations. She has 30 days to file an amended complaint.
Court: USDC Maryland, Judge: Bennett, Filed On: July 13, 2023, Case #: 1:22cv2666, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Gwin denies the home health care services company's assignment of error alleging that the trial court improperly denied its protective order motion contending that it would suffer serious injury from disclosing information in the family's case, which alleges that the company's staff did not provide adequate treatment during the mother's labor and delivery, resulting in the child's serious brain damage. The company does not show that it will suffer a clear and defined injury as a result of discovery because it does not establish anything unique about its policies and procedures compared to other hospitals, and the company does not establish that the documents in question are confidential because it disclosed similar documents in prior cases without stipulations.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: July 13, 2023, Case #: 2022-CA-0078, Categories: Discovery, Medical Malpractice
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J. Trotter finds that the lower court properly denied the appellant's pro se petition for expunction. On appeal, he contends that he was denied an opportunity "to participate in a hearing to present facts" in support of his petition. However, his presence was not required to resolve the issue of expunction, and there is no "absolute right" for an inmate to appear in person for a civil proceeding. Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: July 13, 2023, Case #: 11-22-00129-CV, Categories: Civil Procedure, Public Record
J. Kobayashi dismisses a counterclaim against Liberty Mutual over contracting work done at an Oahu prison. The contractors do not sufficiently show that Liberty Mutual fraudulently misrepresented terms of a prior settlement agreement between the parties or that the insurance company did not provide final drawings for allegedly defective work on the prison.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: July 13, 2023, Case #: 1:23cv117, NOS: Other Contract - Contract, Categories: Insurance, Contract
Per curiam, the Fifth Circuit finds the trial court properly convicted defendant for conspiring to possess with the intent to distribute meth. Defendant sold drugs on several occasions to undercover DEA and DPS agents, eventually being accountable for over 281 grams of meth. He waived his Miranda rights and identified his supplier who admitted he received some of his product from a Mexican source. All evidence supports conviction and the district court properly found that the offense involved drugs imported from Mexico, correctly applying an importation enhancement. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 13, 2023, Case #: 22-10855, Categories: Drug Offender, Sentencing, Conspiracy
J. Badding finds that physical care was properly modified to grant equal parenting time following dissolution of marriage because the mother was entitled to equal time with her son after she moved back to Iowa. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: July 13, 2023, Case #: 22-1147, Categories: Family Law
J. Blunt finds that the commission properly denied the applicant's application for a standardbred trainer license. The applicant claims that the commission improperly admitted a copy of a newspaper article regarding the applicant's 2010 arrest in New York for abusing a racehorse as evidence. Contrary to the applicant's claim that the commission denied his application due to the 2010 arrest, it is more likely though not proven that the commission denied his application because its reports and recommendations referenced his violations in 2022. Even if they did consider his 2010 arrest, the applicant cannot show how this is prejudicial to him.
Court: Ohio Court Of Appeals, Judge: Blunt, Filed On: July 13, 2023, Case #: 22AP-548, Categories: Evidence, Licensing, Due Process
Per curiam, this court issues a dispositional order of affirmance affirming a lower court’s decision to dismiss a case. A procedural error by the lower court — in which the court failed to immediately serve parties with an amended order — did not excuse one party’s later “extreme untimeliness” in filing, not least because that party had in fact learned of the amended order on the very same day the court issued it. Affirmed.
Court: New Mexico Supreme Court, Judge: Per curiam, Filed On: July 13, 2023, Case #: S-1-SC-39399, Categories: Civil Procedure, Judiciary, Due Process
J. Chambers denies the nonprofit corporation’s motion to dismiss the city’s suit for declaratory judgment that the Fair Housing Act and Americans with Disabilities Act do not exempt the nonprofit’s 14 sober living homes from inspection by the city fire marshal under municipal building and fire codes. The court finds “that a judgment in the case would likely ‘serve a useful purpose’ in settling the issue of whether The Lifehouse may avoid Huntington’s inspections and regulations in totality.”
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: July 13, 2023, Case #: 3:22cv402, NOS: Housing/Accommodations - Civil Rights, Categories: Municipal Law, Zoning, Housing
J. Ahlers finds that the lower court properly held that a commercial building owner breached a lease agreement by demolishing a building without finding another space for a Subway franchise located therein or, in the alternative, paying the corporate owners $100,000. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: July 13, 2023, Case #: 22-1977, Categories: Contract
J. Theofanis finds that the district court improperly ruled to terminate a mother’s parental rights to her child. On appeal, the mother argues that the district court erred in denying her request for a de novo hearing. A de novo hearing in this context is a mandatory proceeding that the district court erred in denying. Reversed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: July 13, 2023, Case #: 03-23-00098-CV, Categories: Civil Procedure, Family Law
J. Estudillo finds in favor of the former employee regarding the addiction treatment center's affirmative defenses for the former's lawsuit, which alleges that the addiction treatment center's lack of action when its employee sexually harassed the former employee and multiple other women led to her resignation. The former employee properly brought her claims under Title VII and WLAD, which are based not only on the assault incidents but also on the hostile work environment created in the aftermath of the incidents and the lack of intervention from the addition treatment center.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: July 13, 2023, Case #: 3:22cv5094, NOS: Employment - Civil Rights, Categories: Employment
J. Males finds a lower court properly dismissed an oil company's motion for summary judgment concerning contract claims against a gas company. The oil company argued that it was entitled to set aside an arbitration award. However, the court lacks jurisdiction over the company's claims. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Males, Filed On: July 13, 2023, Case #: CA-2022-2432, Categories: Arbitration, Contract
J. Shepherd finds a lower court properly dismissed a class of sex offenders' claims that the Minnesota Civil Commitment and Treatment Act is unconstitutional. The class of sex offenders argued that the lower court failed to apply the "shocks the conscience" rule for conditions of confinement. However, the class failed to present sufficient evidence in court that they suffered a constitutional violation by living in double occupancy rooms. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: July 13, 2023, Case #: 22-1459, Categories: Civil Rights, Housing, Class Action
J. Aspen grants the plaintiff medical technology company’s motion for an injunction against the defendant medical tech firm and three of the plaintiffs’ former employees, which it poached, barring the sued firm from marketing X-ray tubes it made using the plaintiff’s proprietary information. The court also grants the suing firm over $2.4 million in attorney fees.
Court: USDC Northern District of Illinois, Judge: Aspen, Filed On: July 13, 2023, Case #: 1:19cv2648, NOS: Other Statutory Actions - Other Suits, Categories: Trade Secrets, Business Practices, Attorney Fees
J. Poissant finds that the trial court properly granted summary judgment to the equipment provider relating to a collision involving a front loader that was leased to another company. The company's employee backed into traffic and caused a crash with another vehicle, killing the driver and injuring its passengers. The evidence does not show that the equipment provider had a duty to ensure the front loader was "equipped and furnished for its safe operation" Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: July 13, 2023, Case #: 14-21-00704-CV, Categories: Civil Procedure, Negligence, Wrongful Death
J. Zimmerer finds that the trial court properly ruled in favor of the law firm parties in a suit alleging they mishandled a patent application for an inventor and his entities. One of the entities had been terminated and thus lacked standing to file suit. Also, the inventor is barred from recovering lost revenues of the entities by the "corporate injury rule." Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: July 13, 2023, Case #: 14-22-00410-CV, Categories: Patent, Negligence, Legal Malpractice
Per curiam, the appellate court conditionally grants in part mandamus relief to the attorney who seeks to set aside certain orders of the trial court in the underlying dispute with his former law partner. It was an abuse of discretion to hold an injunction hearing and issue a temporary injunction after the attorney had filed an "undisputed motion to compel arbitration" of the claims.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: July 13, 2023, Case #: 14-22-00913-CV, Categories: Arbitration, Civil Procedure, Restraining Order
Per curiam, the appellate court conditionally grants mandamus relief to the relators seeking to vacate the denial of their "motion to designate responsible third party" in an underlying case alleging sexual assault by a massage therapist. The relators' motion to designate the alleged perpetrator was filed before the deadline set in the trial court's docket control order.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: July 13, 2023, Case #: 14-23-00413-CV, Categories: Civil Procedure, Negligence