166 results for 'filedAt:"2023-09-15"'.
J. Hyman finds that the lower court properly denied the hospital a new trial in a medical malpractice suit where the patient was awarded $49 million because doctors failed to recognize a sepsis infection following his gallbladder surgery. The hospital failed to show it was prevent from eliciting witness testimony that would have changed the outcome of the trial. Affirmed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: September 15, 2023, Case #: 221430, Categories: Discovery, Medical Malpractice
J. Ezra mostly adopts a report and recommendations and dismisses a lawsuit brought by Tesla shareholders who alleged the company's board of directors had caused "financial harm and irreparable damage" to the company's reputation by permitting a "toxic workplace culture grounded in racist and sexist abuse and discrimination." The suing stockholders have failed to show that their claims are viable. Their claims of wrongdoing are not sufficiently "particularized" and incorporation documents "[exculpate] Tesla’s directors from liability for all but breaches of the duty of loyalty."
Court: USDC Western District of Texas , Judge: Ezra, Filed On: September 15, 2023, Case #: 1:22cv592, NOS: Stockholders’ Suits - Contract, Categories: Fiduciary Duty, Business Practices
J. Sands denies the company's motion to exclude the medical examiner's Taser-related medical causation opinions in a civil rights and product liability action brought by the estate administratrix arising from the decedent's death. The medical examiner concluded that the decedent died from excited delirium and that pain from Taser deployments contributed to his death. The medical examiner is familiar with the effect Tasers can have on the human body and had sufficient basis to opine that the Taser deployments caused the decedent pain. The medical examiner's testimony could help the jury understand whether the Taser deployments contributed to the decedent's death.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: September 15, 2023, Case #: 7:21cv40, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Product Liability, Experts
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J. Wise finds that the lower court improperly ruled when denying the motion to add all siblings, who are all heirs, to an estate suit that was initially between three siblings. The remaining heirs have interests in the subject property and are "necessary parties" based on the relevant statute. Reversed.
Court: Alabama Supreme Court, Judge: Wise, Filed On: September 15, 2023, Case #: SC20230264, Categories: Real Estate, Trusts, Wills / Probate
J. Hester finds that the trial court properly denied the individual a permanent injunction in a dispute over a neighbor's construction of a building that allegedly violated a city ordinance. The individual's claim was moot since the construction of the building was completed prior to the trial. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: September 15, 2023, Case #: 2023CA0036, Categories: Property, Injunction
J. Miller finds that defendant was properly convicted of indecent behavior with a juvenile and sexual battery. The evidence of defendant's 2019 conviction for indecent behavior with a different juvenile victim was properly admitted based on its probative value. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Miller, Filed On: September 15, 2023, Case #: 2023KA0086, Categories: Evidence, Sex Offender
J. Lanier finds that defendant was properly found guilty of theft of clothing from a retail store and adjudicated a habitual offender. There was no error in the admission of testimony about merchandise from other stores found in defendant's possession since it was relevant to the value of the stolen items. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: September 15, 2023, Case #: 2023KA0090, Categories: Evidence, Theft
[Consolidated.] J. Wolfe finds that the lower court properly dismissed the inmate's petition for judicial review of a decision in an administrative remedy procedure involving his claims for incentive wages allegedly owed for his original sentence. The inmate could not "recoup the wages he bargained away to earn the good time credits." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: September 15, 2023, Case #: 2023CA0203, Categories: Administrative Law
J. Welch finds that the trial court properly sided with the employer in the former employees' suit alleging they were owed for unused paid time off (PTO). The evidence indicates the company had a clear policy that former employees would not be reimbursed for unused PTO. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: September 15, 2023, Case #: 2023CA0298, Categories: Employment, Contract
J. Welbaum finds that while there were some inconsistencies between the identification witness's testimony at trial and what she told police at the scene of the crime, her familiarity with defendant rendered her identification reliable, especially considering she identified his picture without being prompted by police and recognized his voice at the scene of the crime. Meanwhile, the identification evidence, which also included details about defendant's clothing and glasses on the night of the murder, and his decision to barricade himself in his girlfriend's home for over two hours when police arrived to arrest him, was sufficient to convict defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: September 15, 2023, Case #: 2023-Ohio-2376, Categories: Evidence, Murder, Identification
J. Lie holds that the trial court improperly dismissed two murder counts against defendant. The two-dismissal rule does not apply to prohibit prosecution because the first dismissal by the magistrate court was not based on a factual finding. The magistrate court's preliminary hearing probable cause conclusion that defendant lacked the requisite state of mind for murder charges was a legal conclusion, not a factual one, so the state was free to file a second complaint. Reversed.
Court: California Courts Of Appeal, Judge: Lie, Filed On: September 15, 2023, Case #: H050153, Categories: Criminal Procedure, Murder, Dui
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled to dismiss a lawsuit brought against a residential care facility by an individual who was injured while showering unsupervised. The individual, who is non-verbal and has physical disabilities, provided expert reports suggesting that the facility was liable for his injuries because he was left unsupervised and was not taken to the hospital soon enough after the incident. The court of appeals found that the reports were insufficient to establish a standard of care, but the reports are sufficient to provide a fair summary of the standard of care the individual should have received and how the facility was in breach of that standard. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 22-0317, Categories: Health Care, Experts
J. Palk declines the defendant claims administrator's request to strike certain affidavits in this lawsuit brought under the Employee Retirement Income Security Act concerning the denial of benefits under a group health plan. The court notes that it can consider "matters outside the administrative record" under the circumstances. The company's request to file a surreply is granted, as "additional briefing is warranted."
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: September 15, 2023, Case #: 5:20cv1012, NOS: Insurance - Contract, Categories: Civil Procedure, Erisa
J. D'Agostino refrains from conditionally certifying a putative collective and class action against Ollie's Bargain Outlet, one of the largest outlet retailers in the country, alleging its co-team leaders were improperly classified as exempt and were not paid overtime compensation. The employee fails to provide any evidence that would suggest he and other proposed members were improperly classified as exempt on a nationwide scale.
Court: USDC Northern District of New York, Judge: D'Agostino, Filed On: September 15, 2023, Case #: 5:22cv279, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Oldham finds the district court properly denied the University of North Texas Board of Regents members' motion to dismiss this First Amendment retaliation suit brought by the music theory professor who published an article defending another theorist against charges of racism by a Black professor. The Board members argue that the professor must specifically allege that each was personally involved with the publication/panel investigation. Though, allegations under Article III must only include that First Amendment injuries are “fairly traceable” to the Board. Affirmed.
Court: 5th Circuit, Judge: Oldham , Filed On: September 15, 2023, Case #: 22-40059, Categories: Constitution, Education
J. Markle finds that the trial court improperly revoked defendant's first offender probation status and denied his motion to discharge his sentence. The trial court incorrectly conducted the revocation proceedings after defendant filed his first notice of appeal. The state failed to timely file the revocation petition before defendant's probation expired. Reversed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: September 15, 2023, Case #: A23A1138, Categories: Probation