116 results for 'filedAt:"2023-10-20"'.
J. Choe-Groves grants a business’s motion for judgment of dismissal. The business is no longer operating and assessing a dutiable value to the merchandise involved in the matter would take years and would be at considerable cost to both parties.
Court: Court of International Trade, Judge: Choe-Groves, Filed On: October 20, 2023, Case #: 23-154, Categories: Commerce
J. Osteen partially denies the University of North Carolina’s motion to dismiss allegations including race discrimination, wrongful discharge and tortious inference brought by a Ph.D. student. The only Black person in the organizational behavioral Ph.D. program at the time, the student confided in close faculty that she had been raped and that this had triggered symptoms of her PTSD diagnosis. When she attended a hearing involving her attacker instead of a non-mandatory program seminar, the faculty claimed she was being irresponsible and disrespectful. From there, the student alleges, her treatment by the faculty — all of whom are white or of Indian descent — became increasingly severe to the point where they allegedly complained to professors at other universities and sabotaged her attempts to transfer schools. While the student does not sufficiently evidence her claims against the individual staff members involved and has since withdrawn those claims, she does have standing against the university itself on eight of 10 claims including disparate treatment, retaliation and failure to accommodate.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: October 20, 2023, Case #: 1:22cv717, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Burroughs grants a man’s motion to amend his complaint against a company he alleges violated the Fair Credit Reporting Act and other laws by providing reports, to the fire department the man applied to work for, which included protected details of the man’s criminal record. The man sufficiently supports that false statements were made in the reports disclosed to the fire department.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: October 20, 2023, Case #: 1:21cv11533, NOS: Consumer Credit - Other Suits, Categories: Public Record, Defamation
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J. Boatwright finds the trial court properly dismissed the beneficiaries' amended complaint in their lawsuit seeking reimbursement of funds paid from a deceased grantor's trust to pay off a $988,867 debt from a loan the grantor and his wife took out, most of which was used to improve and maintain their home. The trial court correctly determined that the beneficiaries do not have standing to bring their claims, as it would have to be the trust's successor trustee itself to sue for the damages the beneficiaries seek from the disputed transaction, and the beneficiaries have brought no common law exception that would allow them to sue on behalf of the trust. Affirmed.
Court: Florida Courts Of Appeal, Judge: Boatwright, Filed On: October 20, 2023, Case #: 22-1114, Categories: Trusts, Damages, Contract
Per curiam, the appeals court finds the trial court improperly dismissed defendant's appeal of his sentence for armed robbery, which he brought in part on grounds that his counsel was ineffective for failing to evaluate his competency and understanding. The trial court erred in dismissing the appeal as "unauthorized" and should have, under the rules of criminal procedure, at least made clear in its order whether it was exercising its discretion to allow the claims in defendant's amended motion to proceed or summarily dismissing them with prejudice. This narrow part of its order overturned and the case is remanded for further proceedings. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: October 20, 2023, Case #: 23-1888, Categories: Firearms, Ineffective Assistance, Robbery
J. Cradle finds that the trial court improperly dismissed an asbestos suit against two companies for lack of subject matter jurisdiction. At all times one business failed to adhere to OSHA requirements and the employee was able to satisfy all burdens to this company complaint. The other firm’s insurers had the authority to issue the notice of dissolution, and the plaintiff failed to file this action in the two-year period they were properly dismissed. Reversed. Affirmed in part.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: October 20, 2023, Case #: AC45341, Categories: Employment, Asbestos
J. Moore finds that the lower court improperly denied the mother's Rule 60(b) motion seeking relief from a prior judgment regarding the stepmother's adoption petition. The mother was entitled to a hearing on her motion, as she asserts that she did not receive "notice of the pending adoption" and that the father and stepmother had known her whereabouts "at all times." Accordingly, the matter is remanded for a hearing on whether service by publication was appropriate. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: October 20, 2023, Case #: CL-2023-0259, Categories: Civil Procedure, Family Law
J. Byrne finds the court of appeals properly ruled against an investor who sued the members of a company, claiming he was also a member who had a stake in real estate it had purchased. Looking at the plain language of the agreement establishing membership to the company, the investor was required to make capital contributions. Because those contributions were never made, he cannot be considered a member under the agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: October 20, 2023, Case #: 03-21-00513-CV, Categories: Corporations, Business Practices, Contract
J. Bright finds that the lower court improperly upheld the Freedom of Information Commission’s finding that a city violated the Freedom of Information Act by declining to make available any and all unredacted records of an individual’s criminal murder case. The city failed to explain why exemptions applied to the request. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: October 20, 2023, Case #: AC45287, Categories: Public Record, Privilege
J. McFadden finds that the trial court improperly ruled in favor of the companies on their declaratory judgment and breach of contract claims against the insurer in an action arising after the insurer determined a tractor involved in a collision was not included under the policy's uninsured/underinsured motorist coverage. The policy unambiguously does not provide the claimed coverage. The tractor is not listed on the schedule of covered autos and is not required by law to have liability insurance coverage. The trial court also incorrectly denied the insurer's cross-motion for summary judgment because the companies failed to show that any issue of fact exists as to their claim against the insurer for negligent procurement of insurance. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: October 20, 2023, Case #: A23A1161, Categories: Insurance, Contract
J. Talwani grants in part a mayor’s motion for judgment on the pleadings of a couple unhappy with their parking variance being revoked and with the placement of parking meters in front of their home. The couple’s claims related to the variance being revoked are barred by the doctrine of sovereign immunity but their claims related to the placement of the meters are not barred by the fact that a city official placed them as part of their official duty, because there is a question of whether they could have been and should have been placed elsewhere by the city official.
Court: USDC Massachusetts, Judge: Talwani, Filed On: October 20, 2023, Case #: 1:22cv11462, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Government, Zoning
J. Markle finds that the trial court improperly denied the attorney's motion to strike a libel and slander action brought by the doctor arising from statements the attorney made to other attorneys with regard to a cease and desist order issued by the health department blocking the doctor's surgery center from performing orthopedic surgeries. The statements were conditionally privileged and made during private settlement communications with opposing counsel in pending litigation. The trial court therefore incorrectly denied the motion to strike the complaint under Georgia's anti-SLAPP statute. Reversed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: October 20, 2023, Case #: A23A0863, Categories: Anti-slapp, Defamation
J. McCallum finds the $10 million award for an employee's mesothelioma suit should be reduced to $5 million. An appellate court must consider relevant prior general damage awards as guidance in determining whether an award is an abuse of discretion. In this case, based on the evidence presented at trial regarding the employee's physical and mental suffering, the award of $10 million is "greatly disproportionate to the mass of past awards for truly similar injuries." Affirmed as amended.
Court: Louisiana Supreme Court, Judge: McCallum, Filed On: October 20, 2023, Case #: 2023-C-00170, Categories: Evidence, Damages, Asbestos
J. Ross dismisses, for lack of subject matter jurisdiction, a lawsuit alleging breach of contract, embezzlement and fraud claims against a Chinese national stemming from an investment to help finance the purchase of a shopping center located in Florida. The court adds to the complaint the LLC overseeing the purchase, finding it a necessary and indispensable party, but in doing so destroys diversity between parties.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: October 20, 2023, Case #: 1:23cv2787, NOS: Stockholders’ Suits - Contract, Categories: Fraud, Jurisdiction, Venue
J. Christensen finds that defendant was properly convicted of first-degree robbery and willful injury causing serious injury after he attacked a man with a baseball bat outside the man's apartment complex based on evidence including the victim’s testimony and corroborating surveillance video of the attack. Affirmed.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: October 20, 2023, Case #: 22-0324, Categories: Evidence, Probation, Assault
[Consolidated.] J. Genovese finds that the trial court properly declared that the gross negligence standard of the statute should not be applied by a medical review panel when the medical treatment occurred during a declared state of public health emergency. Under the Louisiana Medical Malpractice Act, a medical review panel applies its medical knowledge to determine whether a health care provider upheld the medical standard. The standard of care applied by a medical review panel when giving their expert opinion is limited to their expertise relative to a medical standard of care, not a legal one. Since the medical review process is not a civil proceeding, the Louisiana Health Emergency Powers Act has no application in the medical review panel process. Affirmed.
Court: Louisiana Supreme Court, Judge: Genovese, Filed On: October 20, 2023, Case #: 2023-C-00483, Categories: Negligence, Medical Malpractice
J. Lake finds for members of a 90's R&B group on a co-member's trademark infringement and other claims related to their performances under the name, Jade, without the co-member's participation or sharing in the profits. Performances by the members, who are also co-owners of the mark, was not an unauthorized use of the mark, as they have equal rights to the name.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: October 20, 2023, Case #: 4:21cv3942 , NOS: Trademark - Property Rights, Categories: Trademark
J. Wall finds a lower court properly convicted a defendant for felony murder and fleeing and eluding a police officer. The defendant argued that the lower court's jury instructions created an alternative- means offense when it presented multiple felonies for fleeing and eluding a police officer, who attempted to capture him after he tried to pass a fraudulent check inside of a bank. However, the state presented sufficient evidence in court that his convictions are not "tainted by an alternative- means error." Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: October 20, 2023, Case #: 124,724, Categories: Fraud, Murder, Negligent Murder
J. Bryan affirms the trial court’s ruling that an insurance company has to provide coverage to a couple hit by an uninsured driver on wantonness and negligence claims for speeding through an intersection. The insurer waived its challenge to the subsequent-negligence jury instruction, and the evidence supports the claim of wantonness by the accused driver. Affirmed.
Court: Alabama Supreme Court, Judge: Bryan, Filed On: October 20, 2023, Case #: SC-2022-0901, Categories: Insurance, Damages, Negligence
J. Snyder denies in part an individual's motion for partial summary judgment in an insurance coverage dispute. The individual alleges that the insurer did not pay full coverage on her "all risk" policy for fire and ash damage to her home following the Thomas Fire, then did not pay full coverage for rain damage following significant rainfall the following month, when soot and ash clogging the gutters and drainage system caused water to flow into the home. A genuine dispute of material facts exists regarding whether the insurer was "substantially prejudiced" by the homeowner's alleged failure to disclose relevant documents and her employee's experiments.
Court: USDC Central District of California, Judge: Snyder, Filed On: October 20, 2023, Case #: 2:21cv172, NOS: Insurance - Contract, Categories: Insurance
J. Guidry finds that the trial court properly ruled in favor of the state government agencies in the pharmacy parties' suit challenging a contract entered into with CaremarkPCS Health. The agencies' exception of no cause of action was correctly granted since the disputed contract is a consulting services contract not subject to review by the Joint Legislative Committee on the Budget. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Guidry, Filed On: October 20, 2023, Case #: 2023CA0054, Categories: Government, Health Care, Contract