153 results for 'filedAt:"2023-10-11"'.
J. Richman finds the district court improperly denied the Mexican mother’s request for the return of her children who were born in Mexico but taken to El Paso by the father after the couple split up. Though the father says that returning the children would violate their right to an education and expose them to a risk of harm, the mother’s petition under the Hague Convention does not allow the district court to resolve the question of which parent is best suited to have custody. Reversed and remanded.
Court: 5th Circuit, Judge: Richman, Filed On: October 11, 2023, Case #: 22-50203, Categories: Family Law, International Law, Guardianship
J. Drozd denies, in part, the state corrections department’s motion to dismiss a female worker’s employment discrimination action. Contrary to the department's argument, she did not fail to exhaust her remedies for her claims under the Rehabilitation Act, the California Fair Employment and Housing Act and state labor code.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: October 11, 2023, Case #: 2:20cv2207, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Labor
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
Per curiam, the North Dakota Supreme Court finds that the juvenile court properly issued an order terminating parental rights to a minor child. The juvenile court found the child spent over 450 of the last 660 nights in the care, control and custody of the human service zone and is in need of
protection. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: October 11, 2023, Case #: 2023ND194, Categories: Family Law
J. Lange grants officers' motion for summary judgment to determine that no constitutional violations occurred from a traffic stop culminated in the arrest of an individual. The individual alleged that officers used excessive force in the altercation in which police attempted to stop the individual for driving with a suspended license. The individual then led police on a low-speed chase, leading up to the arrest.
Court: USDC South Dakota, Judge: Lange, Filed On: October 11, 2023, Case #: 3:21cv3021, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Bennett grants cross motions of leave to a mortgage company to file sur-reply and a class of borrowers its motion for leave to file a supplemental authority. Also, grants the class of borrowers’ motion for class certification in a suit against the mortgage company and title firm, in an illegal kickback scheme in violation of the Real Estate Settlement Procedures Act. The proposed class meets all of the preponderance of evidence requirements.
Court: USDC Maryland, Judge: Bennett, Filed On: October 11, 2023, Case #: 1:20cv3449, NOS: Banks and Banking - Other Suits, Categories: Real Estate, Banking / Lending, Class Action
[Consolidated.] J. Bethel finds that the trial court improperly quashed indictments charging defendants--six people employed as jailers at the Fulton County Jail--with murder and other offenses. Defendants allegedly beat, pepper-sprayed and repeatedly shocked inmate Antonio May with a taser, causing his death. The trial court incorrectly found that defendants were entitled to pre-indictment notice based on protections afforded to peace officers under the statute. Defendants' duty to control and supervise inmates in the jail did not constitute a duty to maintain the public peace within the community at large. The trial court therefore incorrectly deemed defendants peace officers. Reversed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: October 11, 2023, Case #: S23A0702, Categories: Murder
J. Ortega finds the trial court erred in imposing long prison and post-prison supervision terms against defendant. “Defendant’s challenge to the length of the prison term is not reviewable, and although he is correct that the court erroneously calculated the PPS term, that error is harmless.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: October 11, 2023, Case #: A177755, Categories: Sentencing
J. Ledet finds that the trial court properly denied the school board's summary judgment motion on the neighborhood association's suit seeking an injunction to block a proposed property swap between the school board and the Housing Authority of New Orleans. The swap was to exchange three now-vacant school properties for a vacant property that adjoins the Booker T. Washington High School. In this case, there is a genuine issue of material fact as to whether the values of the properties proposed to be swapped are equivalent. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: October 11, 2023, Case #: 2023-C-0583, Categories: Evidence, Property, Contract
J. Africk grants a request by a storm-displaced family, allowing them to add an expert appraisal umpire to their suit against an insurance company even though the family has not explained their failure to adhere to a court deadline. Because two other experts have been excluded, the testimony of the appraisal umpire is “significant.” Although the amendment to the witness list is close to trial, the insurer does not identify specific harm that would be caused by allowing the appraisal umpire to testify.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: October 11, 2023, Case #: 2:23cv218, NOS: Insurance - Contract, Categories: Insurance, Damages, Experts
[Consolidated.] Interlocutory Attorney Lembree grants Instagram's motion to take depositions from two Australia-based officers of Instagoods in Instagram's opposition to registration of the mark, Instagoods. Instagram has shown good cause to take the depositions orally and that videoconference is appropriate.
Court: Trademark Trial and Appeal Board, Judge: Lembree, Filed On: October 11, 2023, Case #: 91266266, Categories: Trademark, Discovery
J. Loken finds a lower court properly revoked a defendant's probation for possessing an Internet device to access child pornography while serving 240 months of supervised release. The defendant argued that his 24 month revocation sentence and 19 years probation is unreasonable. However, the government presented sufficient evidence in court that the defendant bought a smartphone almost immediately after he was released from custody and refused to show his phone to his probation officer, which contained an "extensive browsing history of child pornography." Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: October 11, 2023, Case #: 22-3666, Categories: Evidence, Sentencing, Child Pornography
Per curiam, the appellate division finds that the lower court improperly denied the estate administrator's motion to lift the stay of action imposed due to the death of the driver in this motor vehicle action. While the five-year delay in moving for substitution of plaintiff shows a lack of diligence, the action has potential merit and the defendant company will suffer no prejudice as a result of the delay. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 11, 2023, Case #: 05125, Categories: Tort, Wills / Probate
J. Gobeil finds that the trial court improperly granted the company's petition for a writ of certiorari and ruled that a default judgment was incorrectly entered in favor of the individual in a breach of contract action. The trial court failed to properly analyze whether the individual showed that substituted service upon the Secretary of State was proper under the statute to perfect service on the company. Reversed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: October 11, 2023, Case #: A23A0872, Categories: Civil Procedure, Contract
J. Morgan orders lawyers for both sides of a high-profile wrongful termination suit not to ask to “follow” or “friend” any juror or potential juror on social networking sites during jury selection or trial. Both sides are also ordered not to attempt to gain access to Internet posts or profiles that are “not otherwise publicly available.” It is both standard and accepted practice in Louisiana courts to conduct open-source internet research of potential jurors. The trial court has broad discretion to manage jury selection, to maintain fairness and to protect privacy.
Court: USDC Middle District of Louisiana, Judge: Morgan, Filed On: October 11, 2023, Case #: 3:21cv198, NOS: Education - Civil Rights, Categories: Communications, Jury, Racketeering
J. Maraman finds the probate court improperly decided that a woman was not the legal spouse of the deceased, and therefore did not have authority to appoint a administrator for his estate. The marriage between the deceased and his wife in the Philippines was valid as he had been granted a interlocutory divorce to his previous wife in Guam. Guam statutes on divorce and remarriage apply here rather than those of the Philippines, as “the Supreme Court of the Philippines has held that where a party presents a foreign interlocutory divorce decree as evidence that the capacity to remarry has been restored, the legal effects of the interlocutory decree under the foreign law must be shown.” Reversed.
Court: Guam Supreme Court, Judge: Maraman, Filed On: October 11, 2023, Case #: CVA22-12, Categories: Family Law, International Law, Wills / Probate
J. Brown finds that the trial court properly convicted defendant of child molestation. Defendant's trial counsel waived his objection to an alleged continuing witness rule violation. The trial court therefore did not violate the continuing witness rule when it allowed a nine-page medical report created by the pediatrician who examined the child victim to go out with the jury during deliberations. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: October 11, 2023, Case #: A23A1393, Categories: Sex Offender, Child Victims
J. Adams denies in part an elevator company’s motion for summary judgement on a deputy sheriff’s negligent elevator installation and maintenance claim in connection with a courthouse elevator stopping abruptly when the bumper stuck to the door. The deputy sheriff submitted his evidence from the expert report that the clearance of the elevator was improperly aligned at the time of incident, but not at the time of installation. The motion to exclude the expert report is denied without prejudice to raise arguments in cross-examination to present the contrary opinions.
Court: USDC Middle District of Alabama, Judge: Adams, Filed On: October 11, 2023, Case #: 3:22cv483, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Experts
J. Ortega finds the trial court abused its discretion in denying a father’s motion to appoint a custody evaluator. “The court’s implicit finding that a custody evaluation would not add relevant information that could not otherwise be generated in an adversarial hearing is not supported by the record, particularly in light of the court’s finding that mother’s psychological state is a ‘crucial’ issue.” Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: October 11, 2023, Case #: A175822, Categories: Family Law
Per curiam, the Supreme Court of Ohio finds that attorney Omar Shaaban will be suspended from the practice of law for two years for his failure to adequately communicate with at least eight clients and his sharing of legal fees with a non-attorney who helped solicit clients involved in foreclosures. Shaaban also failed to provide documents requested by the disciplinary counsel until he was threatened with a subpoena, but because he has no previous disciplinary issues and eventually accepted responsibility for his actions, one year of suspension will be stayed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: October 11, 2023, Case #: 2023-Ohio-3671, Categories: Sanctions, Attorney Discipline