159 results for 'filedAt:"2023-11-02"'.
J. Popplewell finds a lower court properly dismissed a doctor's freedom expression claims against a medical council. The doctor, a qualified colorectal and breast surgeon in Pakistan, argued that he was entitled to create You Tube videos concerning the Covid-19 pandemic, which resulted in an imposition of a six months suspension from practicing medicine. However, the medical board sufficiently showed in court that the doctor is obligated to maintain and promote the well-being of the public and confidence in the field of medicine. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Popplewell, Filed On: November 2, 2023, Case #: CA-2023-811, Categories: Civil Rights, Health Care
J. Muniz finds that the court of appeal properly ruled in claims asking whether uninsured motorist payments made after a car collision should be off set by damages awarded in claims stemming from the same collision. "A settlement made by an insurance company on a bad faith claim is not a collateral source" under the ruling statute. Affirmed.
Court: Florida Supreme Court, Judge: Muniz, Filed On: November 2, 2023, Case #: SC2021-1580, Categories: Insurance, Settlements, Contract
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J. Nye denies a trustee's petition to quash state court proceedings for lack of capacity and her application for emergency injunction and temporary restraining order to halt all litigation in a dispute between the trustee and a successor trustee and contingent beneficiary. The court lacks jurisdiction over the matter and remands to state court.
Court: USDC Idaho, Judge: Nye, Filed On: November 2, 2023, Case #: 3:23cv388, NOS: Other Contract - Contract, Categories: Contract
J. Jackson declines to remand to state court the school board's lawsuit accusing Facebook, Instagram and Tik-Tok of being highly addictive to children and harmful to the learning environment it is required to provide for its students. The school board argues that it is an arm of the state and therefore immune from federal jurisdiction under the Eleventh Amendment, but this argument "has been squarely rejected by the U.S. Court of Appeals for the Fifth Circuit, each of the three Louisiana U.S. District Courts, and Louisiana's state courts, too."
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: November 2, 2023, Case #: 3:23cv807, NOS: Torts to Land - Real Property, Categories: Tort, Immunity, Jurisdiction
J. Gremillion finds that the trial court partly erred in its partition of community property between the former spouses. For instance, the specified checking and savings accounts should not have been deemed the ex-husband's separate property without considering "the funds existing when the community was still intact." Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: November 2, 2023, Case #: CA-22-741, Categories: Family Law, Property
J. Stiles finds that the trial court should not have adopted the hearing officer's recommendation to find the ex-husband in contempt for not paying child support. A hearing should have been held regarding the ex-husband's objection to the hearing officer's report. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: November 2, 2023, Case #: CA-23-47, Categories: Contempt, Family Law
J. Prince finds the trial court properly denied the ex-husband’s motion to clarify the status of a legal separation entered by an Oklahoma court. Though the couple reconciled and lived together for 18 months after the order was entered, when they moved to Texas and the order was revived by the Texas court when incorporated into an eventual divorce decree, the previous reconciliation did not void the order. The order of separation was extinguished in Oklahoma once incorporated into the Texas divorce decree. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Prince, Filed On: November 2, 2023, Case #: 120388, Categories: Family Law, Due Process, Jurisdiction
Per curiam, the appellate division finds that attorney Jose Castillo Escano, who was suspended in 2009 for failing to meet attorney registration requirements, should be disbarred. Escano was disbarred in his home state of California for falsely reporting compliance with continuing legal education requirements and twice failing to comply with probationary conditions. Meanwhile, he failed to report his disbarment and failed to cooperate with the misconduct investigation performed in New York.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 2, 2023, Case #: PM-250-23, Categories: Attorney Discipline
Per curiam, the USDC of Western North Dakota denies voters' motion for summary judgment and oral argument in a matter in which they allege the subdivision of two North Dakota legislative districts are unconstitutional racial gerrymanders. The two voters are North Dakota residents and voters in districts 4 and 9. The two voters claim that the subdistricts drawn in districts 4 and 9 as a part of the state’s 2021 redistricting plan violate the Equal Protection Clause of the Fourteenth Amendment. The state had strong evidence to believe that the creation of subdistricts were required by the Voting Rights Act of 1965.
Court: USDC North Dakota , Judge: Per curiam, Filed On: November 2, 2023, Case #: 1:22cv31, NOS: Constitutionality of State Statutes - Other Suits, Categories: Elections, Native Americans
J. Thrash grants the driver's motion to dismiss counterclaims raised by the insurer in a dispute over an insurance settlement arising from a car collision. The insurer failed to properly state a claim for breach of the settlement. The driver's motion for sanctions is denied. The driver alleged that the insurer improperly removed the instant action to federal court but the insurer assumed the status of a defendant and could remove the action. The insurer's motion for default judgment is denied.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: November 2, 2023, Case #: 1:23cv2624, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Contract
J. Sheridan allows employees to continue counterclaims stemming from trade secrets claims contending the company's proprietary information had been posted during discovery related to various complaints. The company seeks repayment of salaries paid to the employees, which could constitute retaliation, and whether the company sued other employees for failing to return laptops remains in dispute.
Court: USDC New Jersey, Judge: Sheridan , Filed On: November 2, 2023, Case #: 3:21cv16937, NOS: Other Contract - Contract, Categories: Trade Secrets, Employment Retaliation
J. Talwani denies a university’s motion to strike and partial motion to dismiss the claims of a former employee suing it after he was fired with the justification being that a lack of work eliminated his position, even though there were openings in his department which he hadn’t been offered. It also hired a younger individual for one of the open positions in his department who had held the same position as him, and it failed to fully and timely pay him his final wages. While part of the former employee's complaint are inadmissible to support his Massachusetts Wage Act and age discrimination claims, they are admissible to use to support an independent claim, such as retaliation.
Court: USDC Massachusetts, Judge: Talwani, Filed On: November 2, 2023, Case #: 1:23cv11032, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Mortensen finds that evidence that defendant ignored a police officer who was obviously signaling for him to stop, and that he tried to break through a parking lot fence, supported his failure to stop conviction. Evidence of methamphetamine in baggies he threw from his car and the presence of his identification in a bag containing other meth contraband supported his drug conviction. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: November 2, 2023, Case #: 20210865-CA, Categories: Drug Offender, Resisting Arrest
J. Colvin finds that the trial court improperly sentenced defendant to 20 years in prison with one year to serve for his guilty plea to one count of felony child molestation. The sentencing scheme for child molestation set out in the statute violated defendant's equal protection rights. Defendant, who was 17 years old when he committed the offense against the 13-year-old victim, is similarly situated to defendants who receive a misdemeanor sentence for aggravated child molestation against a victim of the same age. Defendant received a more severe punishment than an offender who commits the aggravated version of the same offense only because defendant did not engage in sodomy, which would have made the offense aggravated. The case is remanded so defendant can be resentenced for misdemeanor child molestation. Reversed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: November 2, 2023, Case #: S23A0686, Categories: Sentencing, Sex Offender
J. Gettleman grants the property seller’s motion for summary judgment brought by a property buyer alleging the seller fraudulently concealed water damage. The court denies the buyer’s partial summary claim on the seller’s fraudulent concealment, granting summary judgment for the liability for violating the disclosure act and Illinois Residential Real Property Disclosure Act. The court grants the third-party defendants’ motion for summary judgment brought by the third-party plaintiff alleging violations of the Condominium Property Act, breach of fiduciary duty and contribution against the association. The evidence shows there is no dispute that the association failed to remediate the water infiltration issues.
Court: USDC Northern District of Illinois, Judge: Gettleman, Filed On: November 2, 2023, Case #: 1:19cv5684, NOS: All Other Real Property - Real Property, Categories: Environment, Property, Real Estate
J. Luthy finds that the trial court erred in arresting judgment following a jury verdict that defendant was guilty of witness tampering. Defendant's version of events was incompatible with the witness's version, which the jury believed and to which the trial court should have deferred. And the jury's finding that defendant's emails asking the witness to recount her story of intimidation at a conference amounted to tampering. Reversed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: November 2, 2023, Case #: 20210366-CA, Categories: Witnesses
J. Mortensen upholds the trial court's grant of guardianship to two children's maternal grandparents based on evidence that their mother neglected them. But it must make further findings to determine the mother's allocation of parenting time. Affirmed in part.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: November 2, 2023, Case #: 20220920-CA, Categories: Family Law
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to aggravated unlicensed operation of a motor vehicle for twice driving with a suspended license. Defendant contends the sentence was harsh, but the fines and terms of probation were not severe. However, in the interest of justice, a $300 surcharge should be reduced to the mandatory amount applicable, or $83. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 2, 2023, Case #: 113304, Categories: Sentencing, Cruel And Unusual Punishment
J. Luthy finds that the trial court properly revoked defendant's pretrial release, and it properly refused to grant a continuance based on his failure to present evidence contesting the revocation. A medical report that he was exaggerating a health condition and that he was malingering in order to avoid trial indicated he had become a flight risk. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: November 2, 2023, Case #: 20230534-CA, Categories: Sex Offender, Bail
J. Aarons finds that a nanny was properly denied reconsideration of claims disallowing workers' compensation benefits because plaintiff brought claims concerning an occupational disease nearly a year after being discharged for cause, and she provided mere suppositions to support her theory that the denial had been entered due to a widespread conspiracy and fraud by all parties. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: November 2, 2023, Case #: 535740, Categories: Civil Procedure, Workers' Compensation
Per curiam, the supreme court finds the attorney regulatory agency properly called for a six-month suspension of Steven Johnson's Wisconsin law license for five counts of professional misconduct from 2018 to 2020, such as calling his staff members "bitches," "whores" and "retards" and failing to disclose to a small claims commissioner that he received reimbursement from his insurance company for damages he was seeking in two small claims cases. Johnson's appeal of the agency referee's decision fails, and he is ordered to pay the $33,001 in costs imposed in his proceeding.
Court: Wisconsin Supreme Court, Judge: Per curiam, Filed On: November 2, 2023, Case #: 2022AP000011-D, Categories: Attorney Discipline