140 results for 'filedAt:"2023-10-18"'.
J. Harrison finds the trial court properly convicted defendant for two counts of rape. The state presented evidence that defendant had adopted his wife’s daughter when she was 12 years old and began sexually abusing her. The abuse progressed to intercourse and continued until the child was 17. Defendant’s assertions, that the evidence is insufficient without forensic or physical evidence to support the victim’s allegations, were not preserved for review. His questions regarding credibility, alleging that the 12-year-old victim had been the aggressor, forcing or intimidating him into having sex with her, are also not preserved. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: October 18, 2023, Case #: CR-22-516, Categories: Evidence, Sex Offender, Child Victims
J. Thyer finds the Worker’s Compensation Commission properly determined that an agricultural instructor suffered a compensable injury at work. The teacher, rushing during his short lunch break, dislocated his shoulder after falling from a stoop into a neighboring building. His body hit the metal exterior wall and a teacher inside heard the impact. According to district policy, the teacher did not clock out during lunch, and was required to assist with students as needed, even while on break. Though the administrative law judge found that the teacher failed to prove that he was performing employment services, the court of appeals affirms the commission’s reasonable finding to the contrary without speculation or conjecture. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: October 18, 2023, Case #: CV-22-586, Categories: Employment, Evidence, Workers' Compensation
J. Abramson finds the county court properly terminated a mother’s parental rights. The Department of Human Services filed a petition for emergency custody after it had placed a hold on the four-month-old, who was found alone in her car seat, in 30-degree weather, outside an apartment at 4 a.m. The intoxicated parents were not located until 11 a.m. This was the third time the child had been located alone, once with a needle found in her diaper bag. Sufficient evidence was presented to show that potential harm would be likely if the children were returned to the mother’s unsupervised care. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: October 18, 2023, Case #: CV-23-246, Categories: Evidence, Family Law, Guardianship
J. Gruber finds the Arkansas Board of Review properly affirmed the Division’s determination that the employee must repay $3,040 in unemployment benefits. After receiving state benefits as well as pandemic assistance, the Division advised the recipient of her disqualification because, as a temp worker, she did not show good cause for failing to contact the agency for reassignment. The evidence supports that the benefits recipient failed to satisfy the state-waiver analysis. The matter is remanded for further findings regarding whether she is required to repay pandemic assistance. Affirmed in part. Remanded in part.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: October 18, 2023, Case #: E-22-373, Categories: Employment, Evidence, Covid-19
J. Stark finds that the trademark trial and appeal board improperly canceled a registered trademark held by a steak and seafood restaurant because the board lacked authority to cancel a fraudulently obtained mark. Reversed.
Court: Federal Circuit, Judge: Stark, Filed On: October 18, 2023, Case #: 2022-1212, Categories: Fraud, Trademark
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J. Steger grants the defendant company's motion for summary judgment in this lawsuit asserting claims under the Age Discrimination in Employment Act and the Family Medical Leave Act. The company temporarily eliminated certain manufacturing jobs during the Covid-19 pandemic, and the two former employees allege that they were not allowed to return to work due to age discrimination. However, the company has provided a legitimate, nondiscriminatory reason for not recalling either employee.
Court: USDC Eastern District of Tennessee , Judge: Steger, Filed On: October 18, 2023, Case #: 1:22cv75, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination
J. Hutchison adopts the recommendation of the disciplinary body that the Greenbrier County attorney be suspended for one year, take nine additional continuing legal education hours and pay the cost of the disciplinary proceeding. The case stems from the attorney mishandling an elderly client's retainer fee, and also continuing to represent him after he was declared a protected person and a lower court determined the attorney's concurrent representation of the elderly man's wife was a conflict of interest.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: October 18, 2023, Case #: 22-0123, Categories: Administrative Law, Attorney Discipline
J. Mooney finds the trial court properly issued a supplemental judgment imposing restitution based on defendant’s “no contest” plea to first-degree criminal mischief. “Imposing restitution in the amount required to restore the property to its original condition by replacing the doors” was reasonable. Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: October 18, 2023, Case #: A176596, Categories: Restitution
J. Slaughter dismisses the individual’s claims against the late Detective John Vander Horck in his complaint alleging that Horck and other detectives wrongfully arrested him for a murder that he did not commit, resulting in him serving 12 years in prison before being exonerated. While Horck’s death did not extinguish the individual’s claims against him, the individual has failed multiple times to comply with the court's order to properly substitute Horck. Because less drastic sanctions are unavailable in this case, the individual's claims against Horck are dismissed with prejudice.
Court: USDC Central District of California, Judge: Slaughter, Filed On: October 18, 2023, Case #: 2:16cv134, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Police Misconduct
J. Connolly properly denied the borrower's motion to dismiss the bank's claims stemming from his transfer of property years before filing for bankruptcy. The bankruptcy stay does not prohibit the bank from commencing this foreclosure action against the entity to which the borrower deeded the subject property. Affirmed.
Court: New York Appellate Divisions, Judge: Connolly, Filed On: October 18, 2023, Case #: 05242, Categories: Bankruptcy, Foreclosure
J. Miller finds that the trial court properly confirmed an arbitration award in favor of the attorney in a breach of contract action arising from an employment compensation dispute and correctly denied the firm's motion to vacate the award. The arbitrators did not fundamentally change the award by adding a provision stating that the firm and the company were jointly and severally liable for the damages. The legal effect of the award was the same even after the change. The attorney's motion to confirm the award was timely. However, the trial court incorrectly awarded $35,000 in post-judgment interest. The case is remanded for the trial court to clarify the basis for the award. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: October 18, 2023, Case #: A23A0985, Categories: Arbitration, Contract
J. Weingart finds that the trial court should have granted a mother a domestic violence restraining order against her child's father. The father's calls for police welfare checks were abusive because they were based on false information and lacked any legitimate support. A hearing is required for the trial court to consider any evidence or testimony for or against a restraining order. Reversed.
Court: California Courts Of Appeal, Judge: Weingart, Filed On: October 18, 2023, Case #: B322439, Categories: Family Law, Restraining Order
J. Sung denies in part and dismisses in part a company's petition for review and grants the National Labor Relations Board’s cross-petition for enforcement of its order, which found that the company committed unfair labor practices. Substantial evidence supported the finding that the company committed an unfair labor practice by refusing to rehire union-affiliated former employees so that it could avoid its statutory duty to bargain with a union.
Court: 9th Circuit, Judge: Sung, Filed On: October 18, 2023, Case #: 21-70225, Categories: Employment, Evidence
J. Chaisson finds that the trial court properly found for a tax sale buyer and dismissed the original owner's claims. In this case, the original owner received actual notice of the tax sale in July of 2015. Therefore, the original owner lacks standing to challenge the constitutionality of the post 2008 revisions to the laws on tax sales. Further, the original owner received mailed notice of the tax sales as required by law, and therefore he cannot show a redemptive nullity. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chaisson, Filed On: October 18, 2023, Case #: 22-CA-572, Categories: Property, Contract
J. Miller finds that the trial court improperly ruled in favor of the city in a negligence action brought by an individual arising from a car collision with a fire truck. Genuine issues of fact remain as to whether the firefighter slowed down as necessary under the statute before proceeding through the red light at the intersection. Genuine issues of fact also exist as to whether the firefighter's actions proximately caused the individual's injuries. Reversed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: October 18, 2023, Case #: A23A1037, Categories: Negligence
J. Aoyagi finds the trial court properly allowed evidence gathered after a records check during a traffic stop. “The evidence establishes a reasonable, circumstance-specific relationship between the warrants check…and the lawful purpose of the traffic stop.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: October 18, 2023, Case #: A175546, Categories: Firearms, Search
J. Welch finds that the lower court properly denied the employer's motion to transfer venue in an employment retaliation suit. While the vast majority of the worker's employment was in Washington County where the company's plant in located, a majority of witnesses to his accident and termination reside in St. Clair County. Affirmed.
Court: Illinois Appellate Court, Judge: Welch, Filed On: October 18, 2023, Case #: 220687, Categories: Employment Retaliation, Workers' Compensation
J. Starnella grants a sergeant summary judgment in excessive force and battery causing wrongful death claims brought after he shot and killed a suspect in a standoff. The suspect barricaded himself in a basement, set it on fire, and emerged from the basement holding what appeared to be a club, and he threatened officers before he was shot.
Court: USDC Colorado, Judge: Starnella, Filed On: October 18, 2023, Case #: 1:21cv982, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
Per curiam, the appellate division granted the company's motion to dismiss a defamation claim stemming from its alleged internet post calling the plaintiff a "scammer" and that her organization was "stealing women's money." The post was based on substantially true facts, namely that the organization admitted to deceptive trade practices after a state investigation. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 18, 2023, Case #: 05278, Categories: Defamation
J. Rovner finds that the lower court improperly denied the police officer qualified immunity on wrongful death claims stemming from his fatal shooting of a suspect following a high-speed chase. The evidence shows that the officer exited his car, and placed himself within a few car-lengths of the suspect's car, who began to move his vehicle forward when the officer fired one shot. The officer reasonably fears for his own safety and that of the public if the suspect resumed his reckless flight. Reversed.
Court: 7th Circuit, Judge: Rovner, Filed On: October 18, 2023, Case #: 22-2211, Categories: Immunity, Wrongful Death, Police Misconduct
J. McCafferty grants in part a college’s motion to exclude an expert, for a medical student it expelled for sexually assaulting another medical student, from providing testimony regarding the student’s lost wages and earning capacity. The expert is qualified to give the testimony and used a credible methodology, but her testimony regarding the student’s potential future career in cardiology should be excluded because he chose to pursue internal medicine rather than cardiology.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: October 18, 2023, Case #: 1:22cv18, NOS: Education - Civil Rights, Categories: Education, Health Care, Experts
Per curiam, the appellate division finds that the lower court properly denied the non-profit's motion to dismiss a man's sexual abuse claims stemming from conduct that occurred in approximately 1970. The non-profit did not submit evidence to conclusively disprove the man's claims. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 18, 2023, Case #: 05285, Categories: Tort, Negligence
J. Kirsch finds that the lower court properly found for the VA in an employment retaliation suit. The employee engaged in serious misconduct when she violated a scope sterilization protocol, and the evidence supports the VA's claim that she was fired for this violation, not because her supervisor's boyfriend repeatedly made sexual comments to her. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: October 18, 2023, Case #: 22-2478, Categories: Employment Retaliation
J. Miller finds the trial court improperly denied the mother's emergency motion to appoint an attorney ad litem for her minor son in a dispute involving several previous court orders in part suspending the mother's time-sharing, granting full custody of two other children to the father and requiring the son to enroll in military school. Legal matters in a separate pending appeal do not prevent the trial court from exercising jurisdiction over the mother's emergency motion, so the mother's petition for a writ of certiorari is construed as a petition for a writ of mandamus and the petition is granted. On remand the trial court is ordered to convene a hearing on the mother's motion, and the writ of mandamus is withheld with the assumption the hearing will take place.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: October 18, 2023, Case #: 23-1402, Categories: Family Law
J. Mercier finds that the trial court improperly denied the county's motion to dismiss a declaratory judgment action brought by the city alleging that the county failed to properly assess and tax leasehold interests at an airport owned by the county but located within both the city and county. The city failed to properly state a claim for declaratory judgment because it has no uncertainty regarding its own future behavior and instead seeks adjudication of the propriety of the county's actions. The city also failed to show that any statutory provision authorized its action against the county for damages arising from an alleged failure to assess ad valorem taxes at the airport. The county's operation of the airport qualifies as a governmental function and it is therefore not subject to occupancy taxes under the city code. Reversed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: October 18, 2023, Case #: A23A0798, Categories: Tax