156 results for 'filedAt:"2023-10-19"'.
[Consolidated.] J. McFadden finds that the trial court improperly granted interlocutory injunctions in favor of the employer in a breach of contract action against the former employees alleging that they violated non-compete and other restrictive agreements. The Fulton County trial court was not the correct venue for issuing injunctive relief. Neither employee lives in Fulton County and the forum selection clause on which the employer relied is unenforceable. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: October 19, 2023, Case #: A23A0674, Categories: Employment, Contract, Injunction
J. Egan finds that the lower court improperly convicted defendant of attempted murder, weapon possession, and aggravated assault on a police officer for shooting at state troopers during a standoff triggered by heavy drinking and an argument with his fiancee. Expert testimony on defendant's level of intoxication, allegedly enhanced by prescription drugs for anxiety, should not have been precluded because it was relevant to the key issue of intent. A new trial is warranted. Reversed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: October 19, 2023, Case #: 113199, Categories: Intent, Assault, Experts
J. Russell partially grants the Oklahoma Student Loan Authority's dismissal motion as to certain claims against it in this class action concerning an alleged data breach, in which the student plaintiffs' personal information was allegedly "obtained by malicious actors." The plaintiffs' claims for negligence per se and invasion of privacy are dismissed against the OSLA. Their claims for negligence and negligent hiring, training and supervision survive dismissal.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: October 19, 2023, Case #: 5:23cv99, NOS: Other Contract - Contract, Categories: Education, Negligence, Banking / Lending
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J. Brown finds that the probate court properly denied the widow's petition for a year's support after the death of her husband. The probate court correctly counted $100,000 in life insurance proceeds as the widow's income and as support which was available to her in the year following the husband's death. The probate court therefore properly found that the widow failed to show that an award of the marital home is necessary for a year's support. The support available to the widow, including a Social Security payment and her income working in food delivery, exceeds her expenses. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: October 19, 2023, Case #: A23A0923, Categories: Wills / Probate
J. Cunningham finds that the lower court improperly overturned defendant's conviction for aggravated assault after he tried to hit a police officer with his car. The trial court did not err by prohibiting defense counsel from cross-examining the police officer who fired shot at the defendant as to whether he could lose his job if the shooting was found to be unjustified. This limitation was actually favorable to defendant because it prevented the state from introducing evidence that a police board panel did in fact find the use of force justified. Reversed.
Court: Illinois Supreme Court, Judge: Cunningham, Filed On: October 19, 2023, Case #: 127535, Categories: Confrontation, Assault, Discovery
J. McCullough finds the lower court improperly determined it was precluded from reconsidering a case after another court granted the defendant's motion to strike. The defendant, accused of drug distribution, argued against a sentence enhancement because he claimed he was not the person with prior convictions in another state that shared his name. The lower court granted his motion to dismiss the evidence regarding the other convictions despite the defendant providing no proof that the other person wasn't him. While Virginia law directs a lower court to enter a judgment of acquittal upon striking the evidence, the initial decision to strike was interlocutory, and the court had the authority to reconsider it. Reversed.
Court: Virginia Supreme Court, Judge: McCullough, Filed On: October 19, 2023, Case #: 220715, Categories: Drug Offender, Evidence, Sentencing
J. Smith finds that the trial court properly ruled in favor of a car dealership that sought to dismiss a negligence suit brought by an employee who was injured at work. On appeal, the employee argues that despite being covered by workers' compensation insurance, the dealership is still liable for negligence because the task he was doing when he was injured was not a part of his usual responsibilities. The employee was acting as a worker when he was injured and because the dealership covered him under its insurance, his claims are barred under the Workers' Compensation Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: October 19, 2023, Case #: 03-21-00512-CV, Categories: Negligence, Workers' Compensation
J. Russell partially grants the defendant servicing company's dismissal motion in this class action concerning an alleged data breach. The student plaintiffs' invasion of privacy claims will be dismissed against the company, as they fail to properly state a claim upon which relief could be granted. Their other claims survive, however, including their claims for negligence and negligence per se, with respect to the Federal Trade Commission Act.
Court: USDC Western District of Oklahoma , Judge: Russell, Filed On: October 19, 2023, Case #: 5:23cv99, NOS: Other Contract - Contract, Categories: Education, Negligence, Banking / Lending
J. Garry finds that the lower court properly relieved a social services agency of the obligation of reuniting a daughter with her mother, who had taken and disseminated sexual photos of the child and attempted to involve the girl in her prostitution activities, because efforts toward reunification would not serve the daughter's best interests in light of the mother's loss of parental rights to four of the child's siblings. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: October 19, 2023, Case #: 535667, Categories: Family Law
J. Morris dismisses claims that sought to challenge the feds management of the Beaverhead Deerlodge National Forest. Environmentalists challenged the analyses of seven domestic grazing sites in the forest, such as their move to not prepare a supplemental NEPA analysis. But the feds have shown they completed all the required steps in their forest management, and the environmentalists cannot show why an additional hard look under NEPA is needed.
Court: USDC Montana, Judge: Morris, Filed On: October 19, 2023, Case #: 2:23cv12, NOS: Environmental Matters - Other Suits, Categories: Environment, Agency
J. Abele finds the trial court violated the mother's due process rights when it held her in contempt for alleged violations of the couple's shared parenting plan. The pro se motions filed by the father lacked specific dates and details about the mother's alleged interference with his parenting time and prevented her from mounting a defense to the claims. Reversed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: October 19, 2023, Case #: 2023-Ohio-3896, Categories: Contempt, Family Law, Due Process
J. Harris finds that the trial court properly refused to extend reunification services beyond the 15 months already provided to a mother, as well as removed a child from her custody and placed the child in the father's permanent custody and guardianship. She failed to show she achieved any of the plan's goals and continued to make multiple unsupported allegations that the father was abusing the child, which resulted in invasive, traumatic and unnecessary examinations of the child. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: October 19, 2023, Case #: 20220645-CA, Categories: Family Law
J. Harris upholds the trial court finding that a driver who was arrested for drunk driving had refused to submit to a chemical test. The implied consent law requires a driver to immediately and unequivocally request a test once an officer warns the driver that a refusal may result in license revocation, and anything other than immediate consent is a refusal. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: October 19, 2023, Case #: 20220557-CA, Categories: Licensing
J. Silva finds that the lower court improperly denied the appellant funeral home's motion to compel arbitration in this dispute concerning embalmment and visitation services provided under a contract. The appellee, who is the daughter of the decedent, was bound by the arbitration agreement, since she "received a benefit of the contracted service." Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: October 19, 2023, Case #: 13-23-00042-CV, Categories: Arbitration, Contract
J. Komitee denies a motion for a preliminary injunction to an online merchant on its copyright claims that seeks to prohibit a competing Amazon seller from using copyrighted photographs of its shampoo and soap pump dispensers to advertise competing products. The photographs lack the requisite degree of originality to grant them protection under copyright laws.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: October 19, 2023, Case #: 1:23cv1777, NOS: Copyrights - Property Rights, Categories: Copyright
J. Lynch finds that the appellate division improperly excluded forensic evidence from being introduced to counter allegations that defendant sexually abused a youngster he was babysitting. Defendant was deprived the right to present a defense because the evidence directly responded to the prosecution's contention that no one other than defendant caused the child's vaginal injuries. Reversed.
Court: New York Court Of Appeals, Judge: Lynch, Filed On: October 19, 2023, Case #: 69, Categories: Evidence, Child Victims
Per curiam, the appellate division finds that the lower court properly denied the employer's motion to dismiss a Black employee's discrimination and retaliation claims. The employee sufficiently alleged she received more intense scrutiny and was excluded from meetings that her male, non-Black co-worker was invited to join. In addition, she was subject to to verbal abuse and even struck during an arbitration hearing. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 19, 2023, Case #: 05344, Categories: Employment Discrimination, Employment Retaliation
J. Egan finds that the lower court properly found for the buyer of rural camp property by dismissing claims seeking to use a lakeside dock as part of plaintiff's life estate in a nearby cottage. Use of the cottage was clearly outlined in the will of a former camp owner, but the document also specified the camp and dock lot were to be sold together. Meanwhile, implied easement claims fail because evidence indicates that using the dock lot, while convenient for plaintiff, was not necessary for her enjoyment of the cottage. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: October 19, 2023, Case #: CV-23-0096, Categories: Property, Wills / Probate
J. Trotter finds that the lower court properly terminated the parental rights of the father to two children. Contrary to the father's argument on appeal, the evidence sufficiently supports the lower court's findings. The record indicates that the children had bruising and that the home was "extremely unsanitary." Additionally, the record indicates a history of domestic violence between the parents. Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: October 19, 2023, Case #: 11-23-00120-CV, Categories: Evidence, Family Law
J. Lynch finds that the lower court improperly named a county social services commissioner guardian for a nursing home resident because the commissioner of the county in which she formerly lived, and which was responsible for Medicaid assistance, should have been named guardian. Reversed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: October 19, 2023, Case #: 535921, Categories: Medicaid, Guardianship
J. Jackson grants summary judgment to a suburban fire chief and against two former employees who allege he discriminated against them because they got married. To the contrary, the ruling holds, the fire chief only prohibited the department’s receptionist from marrying an ex-district fire chief to avoid chain-of-command and workplace morale issues that would arise from the subordinate being managed by the district’s second-in-command — her ex-husband. She disregarded the fire chief’s policy, married the ex-chief, and lost her job. The evidence shows that a rational relationship existed between the fire chief’s policy of requiring the receptionist to choose between marrying the ex-chief and her job — particularly given the “chaos” the couple created at the fire department when they first began dating in 2016. At the time, they were both married, but not to each other.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: October 19, 2023, Case #: 221cv287, NOS: Insurance - Contract, Categories: Civil Rights, Constitution, Settlements
J. Humes finds that the trial court properly rejected landlords' challenge to a $2.7 million judgment awarded to tenants in a harassment and unlawful eviction case. Landlords lack a legal basis to argue that the primary right theory barred tenants from pursuing their claims after they had surrendered their rental unit in an unlawful detainer action. Tenants were not required to file a cross-complaint in the unlawful detainer action, which dealt solely with the issue of current possession. Affirmed.
Court: California Courts Of Appeal, Judge: Humes, Filed On: October 19, 2023, Case #: A164470, Categories: Civil Procedure, Landlord Tenant
J. Attrep finds the district court properly denied an individual’s motion to suppress evidence. After the motion to suppress was denied, the individual pleaded guilty to firearm by a felon and negligence use of a firearm. The court determined that an officer detained the individual and was not subjected to an unlawful de facto arrest. Affirmed.
Court: New Mexico Court of Appeals, Judge: Attrep, Filed On: October 19, 2023, Case #: A-1-CA-39288, Categories: Evidence, Firearms