181 results for 'filedAt:"2023-11-09"'.
J. Stiglich finds the trial court properly granted the property owner summary judgment in this suit brought by the renter who attempted to terminate its lease due to operating issues stemming from Covid-19 lockdowns. The owner filed a properly supported motion establishing the renter’s default. The renter failed to offer evidence in opposition. Covid restrictions do not excuse nonperformance. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich, Filed On: November 9, 2023, Case #: 84808, Categories: Property, Covid-19, Contract
J. Engelhardt finds the district court properly determined that the Bureau of Alcohol, Tobacco, and Firearms has no authority to regulate part kits that might be incorporated into a “firearm” just because Congress enacted the Gun Control Act. The court, though, improperly vacated the bureau’s entire final rule rather than the challenged portions. Affirmed in part. Vacated in part and remanded.
Court: 5th Circuit, Judge: Engelhardt, Filed On: November 9, 2023, Case #: 23-10718, Categories: Administrative Law, Agency, Firearms
J. Wright, in this accelerated interlocutory appeal, finds the trial court improperly denied the law firm’s motion to dismiss this suit alleging legal malpractice and breach of fiduciary duty filed by a minority shareholder in a company against the law firm hired to represent the company against the shareholder. Claims made by the shareholder on behalf of the company arise out of and relate to the firm’s legal representation of the majority shareholder and company, and fall within the scope of the arbitration clause of an agreement entered into by the law firm and majority shareholder and company. Reversed and remanded.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: November 9, 2023, Case #: 09-21-00342-CV, Categories: Securities, Fiduciary Duty, Legal Malpractice
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
Per curiam, the appellate court grants mandamus relief to the relators who seek to vacate an order that denied leave to designate a responsible third party for a dispute over construction of petrochemical plants. It was an abuse of discretion to deny the motion, and the relators do not "have an adequate remedy by appeal."
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: November 9, 2023, Case #: 14-23-00267-CV, Categories: Civil Procedure
J. Major denies the married couple's motion to compel documents concerning claims that they were falsely accused of committing burglary, which landed them both in jail overnight. The husband and wife fail to explain how internal affairs reports and photographs related to car accidents involving the defendant deputies are relevant and proportional to the needs of the case. Also, the couple seeks a video from the husband's booking at the jail, but the county performed a search and determined that no such video exists.
Court: USDC Southern District of California, Judge: Major, Filed On: November 9, 2023, Case #: 3:22cv512, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery, Police Misconduct
J. Benitez issues a mixed ruling on both parties' motions in limine to exclude certain evidence at trial concerning the death of a detainee who was confined in County jail. The county is not entitled to the exclusion of evidence referencing the post-incident investigations by both Internal Affairs of the prison and the Registered Nursing Board, but the county can exclude evidence of post-incident changes to the jail's policies. Decedent's family members are entitled to withhold certain evidence about decedent's criminal history.
Court: USDC Southern District of California, Judge: Benitez, Filed On: November 9, 2023, Case #: 3:16cv1004, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery, Police Misconduct
J. Papik finds the district court properly reinstated the former psychiatric patient’s firearms rights which were restricted pursuant to his decades-earlier commitment for attempted suicide. The court found that the former patient had shown that he was not likely to act in a manner dangerous to the community and that the requested relief would not be contrary to public interest. No error of law or abuse of discretion is found. The mental health board has made no argument as to evidence sufficiency. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik, Filed On: November 9, 2023, Case #: S-23-032, Categories: Evidence, Commitment, Firearms
J. Welch finds that the lower court properly ruled in favor of the state agency in a visitor's suit over injuries that occurred in its office when the chair she was in collapsed. The evidence did not show that the agency had "actual or constructive notice of the defect in the chair" or that it failed to timely take corrective action. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: November 9, 2023, Case #: 2023CA0412, Categories: Civil Procedure, Negligence
J. Guidry sets aside defendant's conviction for unauthorized use of a motor vehicle, the habitual offender adjudication and sentence. Defendant should have been allowed the opportunity to withdraw his guilty plea, since the state "unilaterally changed the terms of the plea agreement after the plea had been entered." Vacated.
Court: Louisiana Court Of Appeal, Judge: Guidry, Filed On: November 9, 2023, Case #: 2023KA0162, Categories: Plea, Vehicle
J. Greene sets aside defendant's conviction for possession of methadone, the habitual offender adjudication and sentence. Defendant should have been allowed the opportunity to withdraw his guilty plea, since the state "unilaterally changed the terms of the plea agreement after the plea had been entered." Vacated.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: November 9, 2023, Case #: 2023KA0163, Categories: Drug Offender, Plea
J. Young grants partial summary judgment in favor of a fitness and hospitality organization’s lawsuit against an insurance company for failing to defend it in a few lawsuits. While the insurance company is not obligated to defend the organization against the trust suing it, based on an exception in its policy for shareholder derivative suits, but it is obligated to defend the organization from a billionaire suing it, based on its own policies.
Court: USDC Massachusetts, Judge: Young, Filed On: November 9, 2023, Case #: 1:21cv11791, NOS: Insurance - Contract, Categories: Insurance, Contract
[Modified.] J. Gilbert deletes the word "toxic" in several places with no change in judgment. The trial court should have allowed a tenant's expert to testify about whether she was harmed by exposure to mold in her apartment. He was board-certified in allergies and immunology and supported his theory with a differential diagnosis of her illness, knowledge that her home was contaminated, a consideration of the timing of the onset of symptoms and an elimination of other potential causes. Reversed.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: November 9, 2023, Case #: B321616, Categories: Landlord Tenant, Negligence, Experts
J. Horton finds that the lower court properly convicted defendant of hindering apprehension or prosecution following a jury trial. It was not error to allow the prosecutor to argue that "there was no evidence" that certain witnesses had a motive to lie. Also, there was no abuse of discretion in denying defendant's request to voir dire the jurors. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: November 9, 2023, Case #: 2023ME70, Categories: Criminal Procedure, Prosecutorial Misconduct
J. Fallon denies summary judgment to the insurer of a tree removal company’s truck on its request to dismiss a hurricane debris worker’s negligent injury suit, arising from the lowering of a steel stabilization leg that crushed his right foot. As a matter of law, the truck constitutes mobile equipment under the insurer’s policy.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: November 9, 2023, Case #: 2:22cv4570, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Insurance, Damages, Negligence
J. Morris denies in part summary judgment to Butte-Silver Bow county officials from a former police officer who claims she was subjected to a hostile work environment due to her gender and disability. While some emotional distress claims are tossed for lack of standing, summary judgment on the remaining claims is improper because a reasonable jury could potentially find that the former officer was subjected to repeated instances of harassment, such as when fellow officers drew penises on her car and put tampons in her home and work mailboxes.
Court: USDC Montana, Judge: Morris, Filed On: November 9, 2023, Case #: 2:20cv60, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
[Consolidated.] Per curiam, the court of civil appeals finds that the lower court improperly established the mother's visitation based on "the discretion of the custodians (and the children)." The visitation provisions provided the mother with "only an illusory right to visitation." There was no error, however, in finding the children to be dependent. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: November 9, 2023, Case #: CL-2022-1176, Categories: Civil Procedure, Family Law
J. Tow finds the trial court did not violate defendant's due process rights when it denied his motion to suppress statements made during a phone call with a detective. Although he was not read his Miranda rights, he was free to end the call at any time and expressed his willingness to return from Mexico to "pay for his acts" several times after admitting to the murder. Affirmed.
Court: Colorado Court Of Appeals, Judge: Tow, Filed On: November 9, 2023, Case #: 2023COA105, Categories: Miranda, Murder, Due Process
J. Lynch finds that the lower court properly declined to find for either party in negligence claims brought after plaintiff lost control of his motorcycle upon hitting a depression on the city street because questions of fact remained unresolved as to whether the city created the depression by patching the street after repairing the water line. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: November 9, 2023, Case #: 535854, Categories: Municipal Law, Negligence
J. Egan finds that the lower court properly dismissed a prison guard's claims seeking indemnification after he was ordered to pay $2.88 million for his relentless harassment of a woman who taught at the state prison because the law providing indemnification for actions that occur in the scope of employment does not cover intentional wrongdoing resulting in injury or damage. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: November 9, 2023, Case #: 536107, Categories: Employment, Indemnification