160 results for 'filedAt:"2023-08-03"'.
J. Kelly finds a lower court properly sentenced a defendant to 120 months in prison after a jury found him guilty on three counts of aggravated sexual abuse of a minor, committing a felony sex offense against a minor while required to register as a sex offender, and tampering with a witness. The defendant argued that the lower court erred in dismissing his motion for acquittal for lack of evidence. However, the government provided sufficient evidence in court that the defendant's mother, who is the grandmother of the abused child, disclosed that she was "being pressured" to help him get out of jail by asking his minor victim to recant her claims, which was recorded on jail house phone conversations between both parties. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: August 3, 2023, Case #: 22-2176, Categories: Evidence, Sex Offender, Child Victims
Per curiam, the appellate division finds that attorney Michael James Jury, suspended in January 2014 for failing to meet attorney registration requirements, may be reinstated. Jury complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 3, 2023, Case #: PM-163-23, Categories: Attorney Discipline
J. Carney finds that the district court improperly held that an inmate barely out of his teens could not claim attorney fees and costs for challenging the educational services he received in prison under the individuals with disabilities education act. Acting on his own behalf as an “adult child” with a disability, the inmate prevailed in seeking the guaranteed free, appropriate public education and could recover as any parent or guardian is permitted under the act. Reversed.
Court: 2nd Circuit, Judge: Carney, Filed On: August 3, 2023, Case #: 21-2447, Categories: Ada / Rehabilitation Act, Education, Attorney Fees
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J. Khalsa partially grants a number of motions from art company Meow Wolf in a copyright dispute brought by an artist formerly affiliated with the group, including one motion dismissing that artist’s claim under the Visual Artists Rights Act. While VARA protects the rights of artists to be credited for their work, “undisputed evidence” in this case shows the artist wanted to be credited “anonymously or pseudonymously” for the artwork now in dispute.
Court: USDC New Mexico, Judge: Khalsa, Filed On: August 3, 2023, Case #: 1:20cv237, NOS: Copyrights - Property Rights, Categories: Copyright, Tort
J. Ceresia finds that the workers' compensation board properly assigned liability to an insurance company for a construction worker's injuries when he fell from a ladder at a job site. The insurer failed to follow protocol in attempting to cancel the policy prior to the accident, so it still was in effect, and no abuse of discretion occurred in refusing to consider documents not presented earlier. Furthermore, denial of a reconsideration request was not arbitrary. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: August 3, 2023, Case #: 535717, Categories: Workers' Compensation
J. Raphael finds that statute authorized the juvenile court to dismiss parts of a petition against a juvenile without dismissing the entire petition. The juvenile court dismissed one gun possession count that did not allow for his commitment to a secure youth treatment facility but retained the robbery and assault counts that did. Affirmed.
Court: California Courts Of Appeal, Judge: Raphael, Filed On: August 3, 2023, Case #: E080284, Categories: Criminal Procedure, Juvenile Law, Robbery
J. Bailey finds that the lower court properly entered a decree of partition regarding certain land owned by the parties. Specifically, as to the first phase of the proceedings, it was not error to consider certain adjacent properties "when providing appellees with an equitable adjustment." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: August 3, 2023, Case #: 11-21-00190-CV, Categories: Evidence, Real Estate
J. Pena finds that the lower court improperly entered a default judgment in favor of the appellee in this case involving the construction of a parking lot. The lower court granted the no-answer default judgment after the appellant had filed its answer. Accordingly, the judgement was in error. Reversed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: August 3, 2023, Case #: 13-22-00433-CV, Categories: Civil Procedure, Negligence
J. Donnelly finds that the lower court properly granted the nonprofit housing organization's petition for a writ of mandamus to compel the production of certain documents from Ohio Fair Plan because the agency is a "public office" under the Ohio Public Records Act. Although it does not perform a governmental function, Ohio Fair Plan was created by the legislature and handles administrative appeals regarding housing insurance, which renders it a public office subject to the type of records requests made by the nonprofit. Affirmed.
Court: Ohio Supreme Court, Judge: Donnelly, Filed On: August 3, 2023, Case #: 2023-Ohio-2667, Categories: Government, Public Record, Housing
J. Bea dismisses in part and vacates a district court’s order denying a company's motion to compel arbitration. The matter in which a class alleged that the company violated right of publicity by using photos on its website Classmates.com is remanded.
Court: 9th Circuit, Judge: Bea, Filed On: August 3, 2023, Case #: 22-35262, Categories: Arbitration, Privacy
J. Brown declines to grant declaratory relief to an insurer who seeks to be absolved from its duties to defend and indemnify its insureds for their underlying claim for losses stemming from a car crash that occurred on the edge of their front driveway, an incident which has expanded into three separate state court actions in at least two courts. The court finds that, due to a lack of detail provided in the insurer’s complaint, a state court action would be a better remedy for its claims and subsequently dismisses the action.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: August 3, 2023, Case #: 2:21cv6022, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Indemnification
J. Christensen finds in favor of the environmentalists on their claims that several national forest plans did not properly consider how vehicles would influence local grizzly populations. The government is relying too strongly on road closure effectiveness data, despite using improper road closure measures intended to keep certain paths secure for wildlife.
Court: USDC Montana, Judge: Christensen, Filed On: August 3, 2023, Case #: 9:21cv5, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Zahn finds that an unemployment claimant, who was denied benefits because he was fired for misconduct, failed to support his appeal of a benefits denial with transcripts or citations to the record, case law or statute. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: August 3, 2023, Case #: 49196, Categories: Employment
J. Hicks affirms the denial of a trust’s motion for preliminary injunctive relief against a condominium, and that condominium’s dismissal of the trust’s motion. The trust wanted to prevent the condominium from incurring debt by purchasing land for additional parking spots but the condominium is allowed by the Condominium Act to purchase land.
Court: New Hampshire Supreme Court, Judge: Hicks, Filed On: August 3, 2023, Case #: 2021-0385, Categories: Real Estate, Trusts, Injunction
J. Griggsby grants a lender its motion to dismiss allegations of debt collection laws brought by a car buyer for its requirement and acceptance of a cash down payment. The buyer argues she shouldn’t have paid cash based on the law and that the lender later sent her loan charges she did not recognize. However, the lender is not a debt collector as defined under said law and the buyer fails to sufficiently claim that cash should not be involved in this consumer credit transaction. Also, the lender did charge her correctly and repossessed the car due to non-payment.
Court: USDC Maryland, Judge: Griggsby, Filed On: August 3, 2023, Case #: 8:22cv1938, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Vehicle, Consumer Law
J. Forbes finds that the state failed to establish the proximate cause element necessary for defendant's manslaughter conviction that stemmed from the death of the victim's unborn fetus because although he undoubtedly fired two shots at the hood of the victim's car, there was no evidence in the record to indicate he fired the bullets that struck the victim and her fetus. Several other individuals fired guns after defendant's initial shots, but that cannot be used to establish "but for" causation - a requirement for a manslaughter conviction - and, therefore, the manslaughter conviction and sentence must be vacated. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Forbes, Filed On: August 3, 2023, Case #: 2023-Ohio-2688, Categories: Evidence, Manslaughter
J. Egan finds that the lower court properly convicted defendant of weapon possession after a declared mistrial due to jury deadlock. Defendant challenged the second trial on double-jeopardy grounds, but because he consented to the mistrial, he could not question the legal sufficiency of proof presented in the first trial on the counts he subsequently faced. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: August 3, 2023, Case #: 110950, Categories: Double Jeopardy, Weapons
J. Molberg finds that the lower court properly granted summary judgment to an attorney and her law firm on the tort and quasi-contract claims against them. The claims stem from the attorney's prior appointment as an amicus attorney for the children in a family law proceeding. The parents subsequently alleged that the attorney engaged in fraud and overbilling. On appeal, however, the parents only challenge one of the bases for summary judgment, meaning the judgment must be upheld "on the two unchallenged grounds." Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: August 3, 2023, Case #: 05-21-00959-CV, Categories: Family Law, Fraud, Legal Malpractice
J. Rothstein finds in favor of the insurance company against the insureds' extra-contractual claims alleging that the insurance company should have checked the Snohomish County Court docketing system or with the insureds to see if a lawsuit was filed against them. The insureds do not cite any legal authority that any insurance company is obligated to check with a court system or its insureds to know if a party filed a lawsuit against the insureds. In fact, the insureds have the legal duty under the policy to inform the insurance company if a lawsuit was filed against them, which they failed to do.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: August 3, 2023, Case #: 2:21cv1501, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Richman finds that the industrial claims panel properly found the employee's injury was compensable via workers' compensation benefits despite the lack of an explanation for the injury because precedent from the Colorado Supreme Court established such injuries are in the category of "neutral risk" and are compensable in the absence of a pre-existing condition. Although there were no conditions on the floor that led to the employee's knee injury, his unexplained fall occurred during a work activity and, therefore, was compensable via workers' compensation benefits. Affirmed.
Court: Colorado Court Of Appeals, Judge: Richman, Filed On: August 3, 2023, Case #: 2023COA73, Categories: Employment, Evidence, Workers' Compensation
J. Fasciale finds the appellate division improperly affirmed the decision by the parole board that the parolee reside at the residential treatment program following his sentence for drug offenses. Such residential treatment could be completed during incarceration, and the parolee had already fully complied with the legislatively imposed process for his release. Reversed.
Court: New Jersey Supreme Court, Judge: Fasciale , Filed On: August 3, 2023, Case #: A-26-22, Categories: Parole
Per curiam, the Second Circuit finds that the district court properly dismissed contract and bad faith claims by former executives of United Technologies Corp. in how their stock-based performance incentive awards were valued after merger and spinoff with Raytheon. The formulas employed were reasonable and in keeping with the broad discretion given a compensation committee in making the adjustments. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: August 3, 2023, Case #: 22-2861-cv, Categories: Employment, Business Practices
J. Kirsch finds that the lower court properly denied the nonprofit's request for a preliminary injunction to enjoin Indiana's law limiting the persons for whom the organization can pay cash bail. The payment of cash bail is not protected by the First Amendment, as the conduct itself does not communicate any message without additional explanatory speech. Further, the law is rationally related to the state's legitimate interest in regulating pretrial detention of criminal defendants. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: August 3, 2023, Case #: 22-2183, Categories: Civil Rights, Restraining Order, First Amendment