197 results for 'filedAt:"2023-08-24"'.
Per curiam, the appellate division finds that the lower court properly denied the synagogue's motion to dismiss claims stemming from alleged sexual abuse of a child while on a church-sponsored trip to Yellowstone National Park. The victim's claims were properly revived under the Child Victims Act even if the abuse occurred outside New York. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: 04416, Categories: Tort, Jurisdiction
J. Bell grants summary judgment to a lawyer representing a lender after a borrower that was starting a beverage packaging company sued the lawyer for fraud. The loan required a 5% deposit, approximately $2.7 million, which the lender promised was put into a restricted account to prevent fraud. However, the account was not restricted and fraudsters associated with the lender withdrew it. The lender’s lawyer, nevertheless, did not at any time mislead the borrower or misrepresent his own actions.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: August 24, 2023, Case #: 3:20cv363, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, Property, Banking / Lending
Per curiam, the appellate division finds that attorney Babak Rod Khadem may be reinstated following his May 2019 suspension for failing to meet attorney registration requirements because Khadem 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 24, 2023, Case #: PM-194-23, Categories: Attorney Discipline
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Boyle grants, in part, a food distributor's motion for attorney fees and interest in a breach of contract and guaranty case against a wholesaler, awarding it a total of $5.2 million. The guaranty at issue provides for certain rates, including prejudgment interest and attorney fees, and the rate is enforceable under Louisiana law.
Court: USDC Northern District of Texas , Judge: Boyle, Filed On: August 24, 2023, Case #: 3:19cv1057, NOS: Other Contract - Contract, Categories: Damages, Attorney Fees, Contract
J. Coleman partially grants an insurance company's motion for summary judgment on insurance pleadings brought by its clients in an underlying wrongful death action. The insurance company has a duty to defend and indemnify its clients in the underlying case, but not necessarily up to a $25,000 sublimit.
Court: USDC Northern District of Illinois, Judge: Coleman, Filed On: August 24, 2023, Case #: 1:22cv3816, NOS: Insurance - Contract, Categories: Insurance, Wrongful Death, Indemnification
J. Perry vacates the trial court's judgment of disqualification in a suit challenging the candidacy of an individual seeking to run for St. Landry Parish President. The trial should not have proceeded without the court appointing "an attorney as curator ad hoc" to represent the individual since neither he nor his attorney appeared at the trial. Vacated.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: August 24, 2023, Case #: CA-23-537, Categories: Civil Procedure, Elections
J. Menendez amends her August 22 order granting partial summary judgment to the employee in her suit against her employer alleging that it improperly terminated her for a failed drug test without confirming the test or giving her an opportunity to complete a rehabilitation program and denying the employer's motion for summary judgment. To her finding that the employer is liable for violating a Minnesota law governing employment-related drug testing, she adds that "damages will proceed to trial."
Court: USDC Minnesota, Judge: Menendez, Filed On: August 24, 2023, Case #: 0:21cv1186, NOS: Employment - Civil Rights, Categories: Employment, Preemption
Per curiam, the appellate division finds that attorney Timothy Manion may be reinstated following his September 2022 suspension for failing to meet registration requirements because Manion 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 24, 2023, Case #: PM-190-23, Categories: Attorney Discipline
J. Higgitt finds that the lower court improperly found for the construction firms in a suit stemming from a trench collapse that buried a construction worker underground. The worker was kneeling at the bottom of a six and a half-feet deep trench when the un-shored walls buckled and collapsed upon him. The firms are liable for the worker's injuries because the cave-in of an excavation qualifies as an elevation-related hazard, as it was a direct result of a significant elevation differential. Reversed.
Court: New York Appellate Divisions, Judge: Higgitt, Filed On: August 24, 2023, Case #: 04415, Categories: Construction, Tort
J. Kautz finds that the lower court properly granted around $21,000 in attorney fees to an accounting firm after it prevailed on its contract claims against a former employee. The fee-shifting provision of the contracts at issue authorized an award of attorney fees and costs. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: August 24, 2023, Case #: S-23-0028, Categories: Attorney Fees, Contract
J. Bumatay finds that the district court properly made a finding of contempt on certain counts in a software copyright infringement litigation. The permanent injunction generally prohibited a company from preparing derivative works from or distributing certain types of the copyright holder's software. However, the lower court improperly held the company in contempt for creating copies of the copyright holder's Database file on its systems. Affirmed in part.
Court: 9th Circuit, Judge: Bumatay, Filed On: August 24, 2023, Case #: 22-15188, Categories: Copyright
[Modified.] J. Hoffstadt corrects two typos with no change in judgment. The trial court properly rejected an insured's misrepresentation and unfair competition claims against an insurer that he filed after he entered an arbitrated settlement agreement with the insurer and its agent. The insurer was not obligated to independently analyze whether the variable life insurance products he bought were suitable since the agent performed a suitability analysis that satisfied statutory requirements. And even if the agent's analysis was flawed, the settlement agreement released the insurer from any liability resulting from the agent's negligence or breaches. Affirmed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: August 24, 2023, Case #: B320820, Categories: Insurance, Settlements, Unfair Competition
J. Kuhn finds the trial court properly denied defendant's motion to subtract the time spent in a nonresidential community corrections program from his prison sentence after he was arrested on new criminal charges. Under a ruling from the Colorado Supreme Court, nonresidential corrections programs are explicitly excluded from being calculated as time served when a defendant is resentenced. Affirmed.
Court: Colorado Court Of Appeals, Judge: Kuhn, Filed On: August 24, 2023, Case #: 2023COA75, Categories: Parole, Sentencing
J. Cabranes finds that the district court properly established jurisdiction in a bankruptcy trustee's claims of breach of state securities law concerning a plan for refinancing a complex credit agreement just days before a Chapter 11 filing. Because one participant in the credit agreement assigned part of its interest to foreign lenders, federal jurisdiction applied. Furthermore, dismissal of the securities claims was appropriate because the trustee failed to plausibly allege that the notes created in the agreement constituted "securities" issued in an investment context. Affirmed.
Court: 2nd Circuit, Judge: Cabranes, Filed On: August 24, 2023, Case #: 21-2726-cv, Categories: Bankruptcy, Jurisdiction, Banking / Lending
Vice Chancellor Laster declines to dismiss derivative claims in which a shareholder challenged an $850 million payment to settle corporate liability that had been valued at $175.3 million on the company's audited financial statements. Demand on the board was futile because the shareholder alleged with particularized facts that a majority of the directors approved the payment in bad faith and thus face liability without the safety net of exculpation or the business judgment rule.
Court: Delaware Chancery Court, Judge: Laster, Filed On: August 24, 2023, Case #: 2022-0497-JTL, Categories: Fiduciary Duty
J. Quinn finds that the lower court improperly granted summary judgment to Tax Loans USA in this suit to foreclose a tax lien. There was a fact issue related to "the amount due and for which USA may recover through the foreclosure of the lien." The remainder of the judgment is due to be affirmed, however. Reversed in part.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: August 24, 2023, Case #: 07-22-00130-CV, Categories: Civil Procedure, Real Estate, Tax
Per curiam, the Ninth District conditionally grants the property owner’s petition for mandamus challenging the trial court’s authority to revoke a probation order, requiring him to serve a sentence on a judgment for criminal contempt. The trial court granted permanent injunctive relief, ruling that other owners were entitled to a non-exclusive ingress and egress easement, enjoining petitioner from impeding access. Petitioner was ordered to serve jail time for contempt by his “deliberate” failure to close and lock a particular gate. The court’s contempt judgment orders the petitioner to be confined for a definite period for violating the terms of a permanent injunction and is found to be an order of criminal contempt, not civil contempt. Such an order that violates the contemnor’s constitutional right to trial by jury is void.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: August 24, 2023, Case #: 09-23-00170-CV, Categories: Due Process, Contempt, Property
J. Mortensen holds that the workers' compensation appeals board properly upheld an administrative court's decision to wean a claimant down to a lower lever of opioid use for a workplace back injury. The board supported its decisions about dosage and compensability with substantial evidence. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: August 24, 2023, Case #: 20200184-CA, Categories: Workers' Compensation