120 results for 'filedAt:"2023-10-05"'.
Per curiam, the appellate division finds that attorney Joseph Cassidy may be reinstated following his May 2019 suspension for failing to meet attorney registration requirements because Cassidy complied with the suspension order and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 5, 2023, Case #: PM-237-23, Categories: Attorney Discipline
Per curiam, the Supreme Court of Ohio finds the court of appeals properly granted the employee's request for a writ of mandamus and ordered the Industrial Commission to use his contact lens-aided vision as the preinjury comparator. While the employee had poor vision prior to his industrial accident, he used the contact lens for more than 40 years and was entitled to have that corrected vision act as a baseline for workers' compensation benefits. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: October 5, 2023, Case #: 2023-Ohio-3567, Categories: Evidence, Workers' Compensation
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J. Garrett finds the Appeals Court properly determined that possession plus an intent to deliver, without more, is insufficient to show an “attempted transfer” for purposes of the completed crime of delivery of controlled substances. “The trial court made all the requisite findings for defendant’s conviction for inchoate attempt and that is the conviction that the trial court would have entered but for Boyd, which allowed the conviction to be entered for the completed crime instead.” Affirmed.
Court: Oregon Supreme Court, Judge: Garrett, Filed On: October 5, 2023, Case #: S069092, Categories: Drug Offender, Evidence
J. Powers finds that the lower court properly convicted defendant based on his guilty plea to selling drugs. Defendant contends counsel was ineffective for assuring he would be permitted to participate in a drug court treatment program, but the issue had been raised and rejected in his postconviction request to vacate. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: October 5, 2023, Case #: 112291, Categories: Drug Offender, Ineffective Assistance
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment in favor of the city in this racial discrimination suit brought by the white animal control officer who was not promoted to manager. A three-member committee assigned scores to each candidate using a set of 15 standard interview questions, hiring a Black external candidate with over eight years of experience. The white officer proffers no competent summary judgment evidence and does not establish that the city’s reasons for hiring the more experienced candidate were pretextual. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 5, 2023, Case #: 23-40116, Categories: Civil Rights, Municipal Law, Employment Discrimination
J. Tow finds the trial court erroneously ordered defendant to pay restitution for the money used in his drug deals. "Buy money" used by police to facilitate drug purchased from suspected dealers is not related to the pecuniary losses suffered by crime victims and cannot be included in a restitution order imposed as part of a criminal defendant's sentence. Reversed.
Court: Colorado Court Of Appeals, Judge: Tow, Filed On: October 5, 2023, Case #: 2023COA91, Categories: Drug Offender, Restitution
Per curiam, the appellate division finds that attorney Margub Kabir may be reinstated following his May 2019 suspension for failing to meet attorney registration requirements because Kabir complied with the suspension order and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 5, 2023, Case #: PM-234-23, Categories: Attorney Discipline
J. Joseph denies remand to an offshore anchor handler suing his maritime employer for a work-related accident. Because he is not qualified as a seaman under the Jones Act, he may not return his personal injury suit to state court. Generally, Jones Act cases filed in state court may not be removed to federal jurisdiction. The ruling adopts the recommendations of a magistrate judge’s report.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: October 5, 2023, Case #: 6:23cv649, NOS: Marine - Contract, Categories: Employment, Tort, Jurisdiction
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment in favor of BP in this toxic tort case arising from the charter captain’s exposure to crude oil and dispersants while assisting with cleanup of the Deepwater Horizon oil spill. The court properly granted BP’s motion to exclude expert medical opinions finding that the experts failed to establish general causation between the captain’s exposure to the chemicals and his progressive loss of eyesight. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 5, 2023, Case #: 22-30779, Categories: Environment, Maritime, Tort
J. Siddoway finds that the lower court improperly held that an arbitration agreement does not apply to an employment matter between a beauty company and a class of its independent contractors working as distributors. While there is a matter of enforceability regarding the forum selection clause of the agreement that requires further proceedings, the arbitration agreement is not too narrow to encompass the claims and can apply to the case. Reversed.
Court: Washington Court Of Appeals, Judge: Siddoway, Filed On: October 5, 2023, Case #: 38842-5-III, Categories: Arbitration, Employment
J. Yohalem finds the lower court erroneously granted the bidder's request for a writ of mandamus to compel delivery of a tax deed from the Department of Taxation and Revenue because the auction resulting in the sale of a parcel of land was not conducted in accordance with tax code regulations and, therefore, was invalid. The auction committee's incorrect announcement that taxes on the parcel had been paid shortly before the start of the auction caused several potential buyers to leave, and its decision to reinstate the parcel to the auction list immediately before the auction commenced did not comply with the relevant rules of procedure. Reversed.
Court: New Mexico Court of Appeals, Judge: Yohalem, Filed On: October 5, 2023, Case #: A-1-CA-39582, Categories: Government, Real Estate, Tax
J. Cullen grants the U.S. Department of Agriculture’s Farm Service Agency employees' motion to dismiss. The former county executive director alleged she was fired in retaliation for reporting evidence suggesting that some farmers were submitting fraudulent applications for the forage program, which operates effectively as an insurance program for farmers to cover losses from low crop yields. Despite the availability of USDA administrative hearing and appeal procedures, the former director failed to allege that she pursued these procedures before bringing this
action.
Court: USDC Western District of Virginia, Judge: Cullen , Filed On: October 5, 2023, Case #: 4:22cv13, NOS: False Claims Act - Torts - Personal Injury, Categories: False Claims, Whistleblowers, Employment Retaliation
J. Williams finds a lower court properly dismissed an estate administrator's tort claims against a tribal member. The estate administrator argued that an enrolled tribal member is obligated to face claims in State court. However, the estate administrator, a non- tribal member, may not file claims against a "nonconsenting enrolled tribal member" for actions that took place on a State highway near his reservation based on lack of subject matter jurisdiction. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Williams, Filed On: October 5, 2023, Case #: 1 CA-CV 22-709, Categories: Tort, Native Americans, Wrongful Death
J. Cadish finds the district court improperly dissolved the preliminary injunction granted the news service to prevent the state from reviewing electronic devices possibly containing journalistic privileged information that was seized in an investigation of the murder of a journalist. Although journalistic privilege is not absolute, the search protocol entered by the district court, which dissolved the injunction, allows privilege to be violated before the court has the opportunity to weigh it against any assertion of countervailing rights. Reversed and remanded.
Court: Nevada Supreme Court, Judge: Cadish, Filed On: October 5, 2023, Case #: 85553, Categories: Constitution, Due Process, Privilege
J. Hodge grants an administrative assistant’s motion for default judgement in this case against her boss, who hired her to work out of his home office, then walked around naked and propositioned her for sex. An award of damages is appropriate based on the severity of evidence the assistant presented.
Court: USDC Eastern District of Pennsylvania, Judge: Hodge, Filed On: October 5, 2023, Case #: 2:22cv3131, NOS: Employment - Civil Rights, Categories: Employment, Damages, Assault
J. Oliver finds that the lower court should not have granted partial summary judgment to the owners of lots in a subdivision who are unhappy with their allotted water usage and say they are owed a secondary water system in addition to private wells. The county code does not require this. Reversed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: October 5, 2023, Case #: 20220556-CA, Categories: Property, Water
J. Leggatt finds a lower court properly ruled in favor of two borrowers on consumer credit violations against a bank. The bank argued that it was entitled to sell the borrowers payment protection insurance to cover costs for non- payment. However, the borrowers presented sufficient evidence in court that the bank collected commissions from the insurer without disclosure. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Leggatt, Filed On: October 5, 2023, Case #: 2021cv1832, Categories: Fraud, Consumer Law, Banking / Lending
J. Kobes finds a lower court improperly imposed certain parole remedies on the Missouri Department of Corrections for due process violations. The State argued that the department of corrections is not obligated to comply with a written notice rule alerting parolees of revocation. However, the parolees presented sufficient evidence in court that the authority is the revocation hearing, which decides whether or not a parolee violated parole, and that the State violated the process by failing to notify certain parolees in writing and allowing all parolees to retain their own attorneys, which should only be allowed in specific situations. Vacated.
Court: 8th Circuit, Judge: Kobes, Filed On: October 5, 2023, Case #: 20-3447, Categories: Civil Rights, Due Process