178 results for 'filedAt:"2023-09-21"'.
J. Penzato finds that the trial court properly dismissed with prejudice the associate professor's suit against the university parties alleging that she suffered health issues from exposure to mold in a campus building. Since the university was entitled to summary judgment, it was proper to dismiss the suit with prejudice. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: September 21, 2023, Case #: 2023CA0076, Categories: Civil Procedure, Employment, Tort
J. Reyna finds that the patent trial and appeal board properly ruled in this dispute over a "method and apparatus for treatment by ionizing radiation" because evidence supported findings regarding the motivation to combine and the reasonable expectation of success. Affirmed.
Court: Federal Circuit, Judge: Reyna, Filed On: September 21, 2023, Case #: 2021-1985, Categories: Patent
J. Womack finds that the circuit court properly denied defendant's petition to correct allegedly illegal consecutive sentences imposed upon revocation of suspended sentences in eight separate cases regarding the fraudulent use of a credit card and theft. He violated the conditions of his suspension when convicted of forgery, commercial burglary, breaking or entering, and theft. Defendant was convicted as a habitual offender on multiple counts for which the felony class’s maximum term for a habitual offender is 15 years’ imprisonment. The consecutive terms of 60 months’ imprisonment for each offense are legal sentences. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: September 21, 2023, Case #: CR-22-693, Categories: Fraud, Sentencing, Forgery
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Per curiam, the Supreme Court of Ohio denies the petitioner's request for a writ of mandamus to compel the board of elections to remove certain candidates from the November 2023 ballot, ruling that because the territory of the Cleveland Municipal Court extends beyond the city's corporate limits, the city charter does not govern nomination requirements. Certain Ohio laws establish the number of signatures required, and because the candidates for judge and clerk met those requirements, they were properly placed on the ballot.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 21, 2023, Case #: 2023-Ohio-3377, Categories: Civil Procedure, Elections, Government
J. Fox finds the lower court properly denied the architect's motion to enforce the accrual provision found in Colorado law for construction defects. The provision included in its contract with the school extended the accrual period and is enforceable because it does not violate public policy. The contract does not include an unlimited accrual period or any other language that violates any Colorado statute, and both parties are "sophisticated entities" that could have negotiated different terms for reporting of any defects. Affirmed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: September 21, 2023, Case #: 2023COA85, Categories: Civil Procedure, Construction, Contract
J. Stadtmueller denies Kohl's motion to partially dismiss the consumer's lawsuit claiming it violated the Telephone Consumer Protection Act by continuing to send him dozens of promotional text messages after he revoked his consent in writing and failing to send him a copy of its do-not-call policy. Kohl's incorrectly argues that the do-not-call provision mandated by the Act does not apply to text messages, as a 2023 notice from the FCC has already clarified that the provision applies to text messages as well as voice calls, so the consumer's putative class claim under the Act survives.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: September 21, 2023, Case #: 2:23cv597, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Consumer Law, Class Action
[Modified.] J. Hoffstadt modifies a previously published opinion for a second time with no change in judgment. The trial court improperly dismissed a lender's contract action against a borrower as time-barred. The loan contract gave the lender the option to demand the full loan amount when the lender missed a monthly payment. The lender missed a payment in 2011 but the lender did not exercise the acceleration clause until 2019. Since the contract gave the lender the discretion whether or not to treat a missed monthly payment as a breach of the full amount, the lender's complaint, which was filed in 2020, was not precluded by the four-year statute of limitations. Reversed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: September 21, 2023, Case #: B316372, Categories: Civil Procedure, Banking / Lending, Contract
J. Fox finds that while the trial court erroneously designated vehicular homicide a per se grave or serious offense, its sentence of 29 years in prison did not violate defendant's Eighth Amendment rights against cruel and unusual punishment. The facts of her particular case, which included a history of drunk driving, an excessive blood alcohol level at the time of the accident and the number of injuries sustained to others, allowed for an upward departure from the sentencing guidelines. Affirmed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: September 21, 2023, Case #: 2023COA83, Categories: Sentencing, Cruel And Unusual Punishment, Vehicular Homicide
J. Golemon finds the trial court improperly denied the insurance association's motion for summary judgment in this dispute over residential wind damage coverage. The association complied with the Consumer Protection Act by offering to cover losses caused by wind-driven rain through the owner's purchase of an endorsement to the basic windstorm and hail policy. The offer after the fact was in compliance. Reversed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: September 21, 2023, Case #: 09-22-00173-CV, Categories: Insurance
J. Gordon McCloud finds that the lower court properly sentenced defendant on attempted rape and burglary charges. Defendant was sentenced under the state's "three strikes" law stemming from two prior convictions defendant had earlier in life, one of which took place when he was a minor. Defendant claims the strike incurred when he was a minor should not count towards his current sentence, but under the law his sentence is based on his adult conduct, even if his priors contribute towards it. There is nothing unlawful about his sentence as a result. Affirmed.
Court: Washington Supreme Court, Judge: Gordon McCloud, Filed On: September 21, 2023, Case #: 100873-2, Categories: Burglary, Sentencing, Sex Offender
J. Luthy holds that the trial court exceeded its authority in ruling that replacing a broken down swing gate with an electric gate would unreasonably burden an access easement's servient estate. The trial court should presume that technological advances are favored, and whatever burden a new gate may impose on the servient estate must be balanced with the interests of the dominant estate. And the trial court may not give weight to purely speculative burdens of the proposed gate. Reversed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: September 21, 2023, Case #: 20210584-CA, Categories: Property
J. Pritzker finds that the workers' compensation board improperly determined that an injured worker was not due a schedule loss of use award for a severe knee injury. The board relied on only one medical report and upon remittal should review all medical evidence. Reversed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: September 21, 2023, Case #: 534802, Categories: Workers' Compensation
[Consolidated.] J. Mathis finds the lower court erroneously dismissed the girls' clothing manufacturer's trademark infringement claims against a competitor founded by former employees. The marketing expenditures of the company and the number of years it has sold the clothes both in Kentucky and the U.S. lend significant strength to its logos, while the competitor's design is similar enough it may cause confusion among consumers. Reversed in part.
Court: 6th Circuit, Judge: Mathis, Filed On: September 21, 2023, Case #: 21-5723, Categories: Trademark, Attorney Fees
Per curiam, the court of appeals finds that the lower court improperly found for the county in class claims brought when homeowners lost their property after falling delinquent on property tax because the county took title to the properties without paying just compensation for equity held therein.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: September 21, 2023, Case #: 361397, Categories: Property, Tax, Foreclosure
J. Sheehan upholds a jury finding for a contractor because even though written changes were never made to its contract with the homeowners when additional work became necessary to connect the home's septic system to the city sewer system, the owners never requested a quote for the additional work and told the contractor to "do what had to be done" to finish the job, which waived any challenge to the contract's "no oral modification clause." Affirmed.
Court: Ohio Court Of Appeals, Judge: Sheehan, Filed On: September 21, 2023, Case #: 2023-Ohio-3363, Categories: Construction, Contract
J. Africk denies a request by the New Orleans District Attorney to dismiss a wrongful conviction claim against his office by a former criminal defendant who spent 26 years in prison following his conviction in 1995 for first-degree murder based on the acknowledged unconstitutional suppression of favorable evidence by prosecutors under a former D.A. The current district attorney’s contention that the freed defendant has no claim against his office because the state is responsible for the parish district attorneys’ actions is “without merit.”
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: September 21, 2023, Case #: 2:23cv1922, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Malicious Prosecution
J. Grimberg denies the landlord's motion to dismiss the tenant's race discrimination action brought under the Fair Housing Act. The tenant, who is Black, alleges that the landlord required her Black partner to undergo a background check and pay a background check fee in order to visit her at the property. The tenant presented sufficient facts to show that she was treated differently than similarly situated tenants and to support her allegation that the landlord did not require prospective white tenants to undergo the same background checks for visitors.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 21, 2023, Case #: 1:22cv2056, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Housing
J. Sack finds that a district court properly sentenced defendant to 48 months in prison after he pleaded guilty to unlawful possession of a firearm and ammunition. Defendant argues that his sentence is unreasonable. However, defendant has a prior conviction for unlawfully possessing a semi-automatic handgun, which is a crime of violence. Affirmed.
Court: 2nd Circuit, Judge: Sack, Filed On: September 21, 2023, Case #: 21-1782, Categories: Sentencing, Weapons
J. Fleming grants the Ohio EPA's motion to dismiss, ruling the property owners' 2021 lawsuit is time-barred, as they were aware of any alleged conspiracy to prevent them from developing wetlands by 2017 at the latest. The owners claim the conspiracy is ongoing but failed to provide any evidence to support their argument, although the EPA officers would be entitled to immunity even if the claims were not time-barred.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 21, 2023, Case #: 5:21cv1848, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Water
J. Levy denies a company’s motion for summary judgment against the woman suing it after one of its employees was in a head-on collision with, and killed, her husband and seriously injured her. It is not cut and dry that the employee was acting in a personal capacity, rather than in the scope of his employment, at the time of the collision.
Court: USDC Maine, Judge: Levy, Filed On: September 21, 2023, Case #: 1:21cv343, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Employment, Vehicle, Wrongful Death
Per curiam, the court of appeals finds that the department of treasury was properly granted summary judgment after the developer of an oncology pharmaceutical was found delinquent on corporate taxes because the company did not meet the definition of “industrial processor" and had not engaged in experimental research since its work did not change the composition of pharmaceutical products.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: September 21, 2023, Case #: 362431, Categories: Tax
J. Komitee dismisses a Louisiana resident's civil rights complaint with claims stemming from his fight to regain guardianship of his adult son, who suffered a brain injury, after his sister filed a request for guardianship in New York State Family Court. The court finds his complaint fundamentally a state court matter and declines to exercise jurisdiction. As well, New York state provides ample legal avenues to address his claims. Finally, the court finds the Family Court judge and a temporary appointed guardian are protected by judicial and quasi-judicial immunity, respectively.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: September 21, 2023, Case #: 1:23cv3859, NOS: Other Civil Rights - Civil Rights, Categories: Family Law, Jurisdiction
J. Yun finds the lower court properly denied the apartment complex owners' motion to compel arbitration because the wrongful death claims filed by the estate of the tenant killed in a fire are governed by the Colorado Premises Liability Act, not the parties' lease agreement, and, therefore, were not subject to that contract's arbitration provision. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: September 21, 2023, Case #: 2023COA84, Categories: Arbitration, Wrongful Death, Contract
J. Rodriguez finds a lower court erred when it declined to dismiss a wrongful-termination suit brought against a school district. While the former employee in the case said she was terminated after reporting timekeeping theft by her coworkers, she has failed to allege a violation under the Texas Whistleblower Act because the alleged thefts were violations of school-district protocol rather than a law. The school district therefore maintains immunity in this case. Reversed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: September 21, 2023, Case #: 08-23-00021-CV, Categories: Education, Immunity, Employment Retaliation