178 results for 'filedAt:"2023-10-25"'.
J. Saylor certifies for interlocutory appeal the court’s conclusion that, if a Medicare reimbursement claim includes items or services stemming from an Anti-Kickback Statute violation, the claim must also be shown to constitute a false claim under the False Claims Act. Two different judges reached different conclusions on that issue in separate cases.
Court: USDC Massachusetts, Judge: Saylor, Filed On: October 25, 2023, Case #: 1:20cv11217, NOS: False Claims Act - Torts - Personal Injury, Categories: Fraud, Medicare, False Claims
J. Niemeyer finds the lower court properly granted the government's motion to dismiss. The wife of a nuclear engineer who smuggled classified data related to nuclear submarines to sell to foreign nations sought to be resentenced, claiming she was not properly informed before agreeing to a plea agreement. She voluntarily and intelligently waived all rights to appeal and has failed to make a sufficient showing to avoid the terms of her plea agreement. Affirmed.
Court: 4th Circuit, Judge: Niemeyer, Filed On: October 25, 2023, Case #: 22-4689, Categories: Sentencing, Plea, Espionage
J. Tookey finds the trial court properly committed appellant to the Oregon Health Authority together with an order prohibiting him from possessing or purchasing firearms. It is “reasonably in dispute whether the trial court violated [the law] in failing to advise appellant of a possible firearm prohibition order.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: October 25, 2023, Case #: A179630, Categories: Commitment, Firearms
J. Ahlers finds that a grandmother's will was properly upheld against the objections of her grandson because she was of sound capacity when she altered her will to leave the entirety of her property to St. Jude Children's Hospital rather than her family. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: October 25, 2023, Case #: 22-1730, Categories: Wills / Probate
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J. Mullins finds that a father's parental rights were properly terminated since he had not been in his child's life at any point and refused to cooperate with paternity proceedings. Affirmed.
Court: Iowa Court Of Appeals, Judge: Mullins, Filed On: October 25, 2023, Case #: 23-1204, Categories: Family Law
J. Greer finds that defendant was properly convicted of sexually abusing his daughter after he plied her with wine, assaulted her, and choked her while they were in her dorm room as supported by the evidence and testimony from a resident advisor. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: October 25, 2023, Case #: 22-1079, Categories: Evidence, Sex Offender
J. Gobeil finds that the trial court properly denied the surgeon's and employer's motion to dismiss a medical malpractice action brought by the couple arising from injuries the wife suffered as a result of an elective back surgery in May 2020. The surgeon and employer are not immune from suit under an executive order handed down by the governor designating employees and contractors of healthcare institutions "auxiliary emergency management workers" and directing that services performed by them during the Covid-19 emergency should be considered emergency management activities. The executive order did not render the wife's non-Covid-19 related spinal surgery an emergency management activity. The surgeon failed to show that he was engaged in emergency management activities when he performed the actions that allegedly led to the wife's injuries. The trial court correctly denied the surgeon's and employer's request to compel arbitration. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: October 25, 2023, Case #: A23A0892, Categories: Medical Malpractice, Covid-19
J. Hodge finds a lower court improperly ruled in favor of a holding company on the tax authority's claims that its executive failed to properly pay income tax. The executive of the holding company argued that he was not subject to income tax after he acquired a securities option. However, the tax authority sufficiently showed in court that the executive is obligated to pay income tax based on his status as an employee. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Hodge, Filed On: October 25, 2023, Case #: 2023UKSC37, Categories: Employment, Tax
J. Gallagher dismisses in part a protester’s civil conspiracy and false imprisonment claim against police officers in Reading, Pennsylvania, who arrested him while he spoke about his religious beliefs outside of a school on a public sidewalk. The protester failed to provide facts to support these claims.
Court: USDC Eastern District of Pennsylvania, Judge: Gallagher, Filed On: October 25, 2023, Case #: 5:23cv1523, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Police Misconduct
J. Vance grants BP Exploration & Production's motion to exclude the clean up worker's general causation expert in his lawsuit alleging he was exposed to crude oil and dispersants as a result of the Deepwater Horizon oil spill in the Gulf of Mexico, leading him to suffer from a variety of health problems. The expert's "failure to identify the level of exposure to a relevant chemical that can cause the conditions asserted in plaintiff's complaint renders his opinion unreliable, unhelpful, and incapable of establishing general causation." Because the worker's only expert is excluded, the worker fails to establish general or specific causation, so his complaint is dismissed with prejudice.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: October 25, 2023, Case #: 2:13cv1003, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Experts
J. Vance grants BP Exploration & Production's motion to exclude the clean up worker's general causation expert in his lawsuit alleging he was exposed to crude oil and dispersants as a result of the Deepwater Horizon oil spill in the Gulf of Mexico, leading him to suffer from a variety of health problems. The expert's "failure to identify the level of exposure to a relevant chemical that can cause the conditions asserted in plaintiff's complaint renders his opinion unreliable, unhelpful, and incapable of establishing general causation." Because the worker's only expert is excluded, the worker fails to establish general or specific causation, so his complaint is dismissed with prejudice.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: October 25, 2023, Case #: 2:17cv31232, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Experts
J. deGravelles declines to find in favor of the licensing board for the private security guard's failure to timely serve board over his license suspension. The security guard sent the summons and complaint to the board through certified mail, but this is not a permissible method of service under Louisiana law. However, state law tolling is appropriate here, so the security guard is given 30 days to properly serve the board.
Court: USDC Middle District of Louisiana, Judge: deGravelles, Filed On: October 25, 2023, Case #: 3:22cv258, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Licensing
J. Pickett finds that defendant was properly convicted and sentenced for second degree battery of an elderly victim who was delivering a newspaper to defendant's grandfather. The evidence of the victim's "serious debilitating injuries" and witness testimony proved the specific intent element of the offense. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: October 25, 2023, Case #: KA-23-238, Categories: Evidence, Sentencing, Battery
J. Abramson finds the Workers Compensation Commission improperly determined that the employee was entitled to additional medical treatment, temporary total-disability benefits and attorney fees. The employee was originally diagnosed with a shoulder sprain after the employer initially accepted her claim, sent the employee for treatment and returned her to duty. The employer later denied the claim and the employee obtained her own treatment which revealed a massive rotator cuff tear requiring surgery. There is no evidence in the record to support a finding that the two injuries are causally connected. Reversed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: October 25, 2023, Case #: CV-22-645, Categories: Employment, Health Care, Workers' Compensation
J. Harrison finds the trial court properly convicted defendant for aggravated robbery and murder. Though defendant says that another person with whom he had spent the day drinking committed the robbery, evidence and inconsistencies in defendant’s story suggests that he was also involved in the crimes. A text message was found on defendant’s phone in which he stated that he was going to rob a house, and muddy shoeprints were found around and inside the home which matched shoes found in defendant’s closet. All evidence supports the convictions. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: October 25, 2023, Case #: CR-23-14, Categories: Evidence, Murder, Robbery
J. Wood finds the circuit court properly awarded primary physical custody of the parties’ daughter to the wife with standard visitation to the father. The presiding circuit judge retired and was replaced by another judge during the pendency of the court of appeals’ reversal and remand of the court’s denial of the father’s request that the court issue findings of fact and conclusions of law. The Arkansas Supreme Court assigned a temporary judge for the limited purpose of entering findings of fact and conclusions of law, and it had jurisdiction to do this. The appeals court will not reweigh evidence which the circuit court found to show that the parents’ level of cooperation and communication does not support joint custody. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: October 25, 2023, Case #: CV-23-46, Categories: Family Law, Due Process, Guardianship
J. Murphy finds the circuit court properly terminated the mother’s parental rights after a domestic dispute between the mother and her sister prompted a call to police. DHS became involved because the mother was homeless and under the influence of drugs. The mother was found to be noncompliant with her parole or the case plan, and had been arrested on new charges, with additional felony charges pending. She failed to appear in court and failed a drug screen. All evidence supports the best interest finding and termination. The mother’s attorney’s motion to withdraw is granted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy, Filed On: October 25, 2023, Case #: CV-22-812, Categories: Evidence, Family Law, Guardianship
J. Harrison finds the circuit court properly terminated the mother’s parental rights after she tested positive for meth during the child’s delivery. The child tested positive for meth, Ambien and other drugs. The mother has not participated in services and has avoided contact with DHS. During a home visit, the grandfather of someone the mother previously dated told DHS that the mother had been gone for two days and had left the child in his care. All evidence supports termination. The mother’s attorney’s motion to withdraw is granted. Though the mother was informed of her right to file pro se points, she has not done so. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: October 25, 2023, Case #: CV-23-9, Categories: Evidence, Family Law, Guardianship
J. Gruber finds the circuit court properly revoked defendant’s suspended imposition of sentence, sentencing him to 54 months in prison on his guilty-plea convictions for meth possession and battery. An officer who participated in the search of a hotel room that defendant was seen directly outside of testified that defendant admitted that drugs that were found were his. This testimony was sufficient to establish that defendant had violated the terms and conditions of his suspended sentence. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: October 25, 2023, Case #: CR-23-204, Categories: Drug Offender, Evidence, Search
J. Virden finds the circuit court properly granted the grandparents’ petition to adopt the deceased mother’s child. The grandparents were granted permanent guardianship after the death of the mother. The other grandmother contests the order based on the advanced ages of the petitioners, also saying that it severs the legal relationship between her and the child. The petitioners are healthy and have a plan for in place for the child’s care if they should pass away before she is 18 years old. The court determined that the child is healthy and flourishing with the grandparents, who wish for visitation with the other grandmother to continue. The order gives stability and permanency priority over the other grandmother’s legal relationship. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: October 25, 2023, Case #: CV-22-543, Categories: Evidence, Family Law, Guardianship
J. Laurer finds the Board of Veterans Appeals properly denied the surviving spouse of the Army veteran accrued benefits and burial benefits. After Veterans Affairs terminated the veteran’s non-service-connected pension due to unreported unearned income, the veteran paid the $80,895 debt in full. He and his spouse then objected to the debt, saying that he had been service-connected for some time. The VA notified the veteran that he must submit all standard claim forms or an “intent to file.” He died before this occurred, and the objection letter, even if construed as an intent to file, cannot be changed into accrued benefits. Affirmed.
Court: Court Of Appeals For Veterans Claims, Judge: Laurer, Filed On: October 25, 2023, Case #: 20-0774, Categories: Insurance, Veterans, Due Process
J. Earl finds the trial court properly convicted defendant by a no contest plea for possession of a firearm by a felon, receiving of a stolen vehicle and burglary. All evidence and defendant’s no-contest plea support the conviction. The judgment is modified to reduce the restitution award given defendant’s father, from whom defendant stole a mounted ram's head. Travel expenses included by the father are not allowed in the cost analysis of his having procured the head on a hunting trip. Affirmed as modified.
Court: California Courts Of Appeal, Judge: Earl, Filed On: October 25, 2023, Case #: C097431, Categories: Burglary, Firearms, Property
J. Bromberg modifies a previous opinion affirming the trial court’s dismissal of a California citizen’s suit alleging that new electricity rates are invalid because they are taxes not approved by voters. The appeals court found that the rates are not taxes and fall within an exception to the definition of taxes in the California Constitution. Modifications include reference to the citizen’s contention that the administrative record’s size is burdensome and explain that record size gives no reason for doubting evidence sufficiency. There is no change in the judgment. Affirmed.
Court: California Courts Of Appeal, Judge: Bromberg, Filed On: October 25, 2023, Case #: H050140, Categories: Constitution, Energy, Tax