138 results for 'filedAt:"2023-11-14"'.
J. Eddins determines, in response to a certified question, that an insurer cannot seek reimbursement from an insured for defense costs if the insured did not sign a policy with such a provision. A reservation of rights letter is not sufficient to recover defense costs not covered in the original insurance contract. Reimbursement of defense costs “dilutes an insurer’s good faith duty to take on a defense; worse it may bring on bad faith.”
Court: Hawai'i Supreme Court, Judge: Eddins, Filed On: November 14, 2023, Case #: SCCQ-22-658, Categories: Insurance, Contract
J. Livingston finds that the district court properly remanded class fiduciary duty and tortious interference claims shareholders brought against a company and its merger partner. An exception to the Class Action Fairness Act applied since the merger involved securities that allegedly shortchanged shareholders from owning preferred stock.
Court: 2nd Circuit, Judge: Livingston, Filed On: November 14, 2023, Case #: 23-1262, Categories: Securities, Fiduciary Duty, Class Action
J. Sutton finds that the lower court improperly granted the wife's motion to set aside the parties' divorce judgment. There is no evidence to support her contention that the husband was required to give the wife $180,000 in cash, rather than as an assignment of his pension, or that the payment was intended to allow her to purchase a home. Reversed.
Court: Missouri Court Of Appeals, Judge: Sutton, Filed On: November 14, 2023, Case #: WD85653, Categories: Family Law
J. Sykes finds that the agency properly found the recipient at fault for failing to report his work income while receiving disability benefits and ordered him to repay $50,000 in overpaid benefits. The record reflects that the SSA repeatedly reminded the recipient of his obligation to immediately report changes in his work activity, so it was unreasonable for him to assume he could keep his benefits checks despite his gainful employment. Affirmed.
Court: 7th Circuit, Judge: Sykes, Filed On: November 14, 2023, Case #: 20-2508, Categories: Social Security
J. Smith finds the lower court properly denied defendant’s motion for post-conviction relief. Defendant pleaded guilty to two counts of first-degree murder and was sentenced to two consecutive terms of life imprisonment in the custody of the Mississippi Department of Corrections. Though defendant argues his guilty pleas were involuntary, the record shows otherwise, with the lower court conducting two plea colloquy proceedings to make sure defendant was aware of the consequences of his entering his pleas and that he was knowingly and voluntarily entering them. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Smith, Filed On: November 14, 2023, Case #: 2022-CP-01186-COA , Categories: Murder, Plea, Due Process
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J. Gooden Brown finds that the trial court improperly held that bonds should have been credited toward the estate's divorce settlement obligation in probate proceedings because state law should not have been applied to the disposition of bonds, and, under federal law, treasury bonds are not transferable unless they are modified by the original owner. Reversed.
Court: New Jersey Appellate Division, Judge: Gooden Brown , Filed On: November 14, 2023, Case #: A-2944-21, Categories: Settlements, Wills / Probate
J. Chen dismisses a self-represented Black Jamaican man’s employment discrimination complaint against the operator of the Coney Island Hospital alleging he suffered discrimination, retaliation and a hostile work environment while employed as a hospital care investigator. While he was able to allege his demotion and subsequent termination were adverse employment actions, he fails to establish those actions were motivated by discriminatory animus on the basis of his race or national origin.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: November 14, 2023, Case #: 1:21cv6027, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. Vance grants an unopposed motion by surplus line insurance companies to compel arbitration and stay proceedings initiated by a commercial property owner in Louisiana, alleging failure to mail appropriate payments on hurricane damage claims and breach of insurance contract. The parties' policy contains a valid, enforceable arbitration agreement.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: November 14, 2023, Case #: 2:23-cv-03415, NOS: Insurance - Contract, Categories: Arbitration, Insurance, Damages
Per curiam, the circuit finds that the district court improperly denied a prison guard qualified immunity in excessive force claims contending the guard catapulted a cup of juice into an inmate's face through the cell door because the incident, if it occurred, involved de minimis use of force and did not cause injury. Reversed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 14, 2023, Case #: 22-2187, Categories: Immunity, Prisoners' Rights
J. Dever orders an injunction be placed on a person who, in conjunction with multiple other individuals and companies, allegedly used copyright-infringing software or machines in violation of state and federal laws. It is deemed proper that an injunction be used in this case, and this person has consented to it, stipulating that he no longer use, distribute or duplicate any intellectual property belonging to the two marketing and auctioneering firms that initially brought the claims.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: November 14, 2023, Case #: 5:23cv136, NOS: Copyrights - Property Rights, Categories: Copyright, Trademark, Injunction
J. Brown denies defendant's motion for post-conviction relief because he failed to file his application for post-conviction relief before the two-year prescriptive period. Further, defendant did not allege any claims that fall within the exception to the prescription period.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: November 14, 2023, Case #: 2023-K-0673, Categories: Criminal Procedure
J. Rochon denies Samsung's motion to dismiss claims alleging its Galaxy Z Fold3 smartphone with a foldable screen is not durable as advertised, but grants its motion to arbitrate as the phone user never opted out of the agreement. The arbitrator, not the court, must decide whether the arbitration agreement is unconscionable.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: November 14, 2023, Case #: 1:22cv10882, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Consumer Law, Class Action
Per curiam, the appellate division finds that the lower court properly granted the man's motion to file an amended complaint adding a new claim for malicious prosecution in a civil rights suit stemming from the man's wrongful conviction. The allegations in the original complaint sufficed to give the city notice of the facts to be proved in asserting the malicious prosecution claim. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 14, 2023, Case #: 05701, Categories: Civil Procedure, Civil Rights
J. Viramontes finds that the trial court properly granted a building owner summary judgment in a resident's slip and fall case. A strong current of rainwater on the building's driveway was an open and obvious risk and the resident could have avoided the current. Affirmed.
Court: California Courts Of Appeal, Judge: Viramontes, Filed On: November 14, 2023, Case #: B319377, Categories: Negligence
J. Edmon finds that the trial court properly terminated a mother's parental rights based on evidence she had left her infant daughter alone at a motel, not shown up for drug tests and not completed counseling. Also, she failed to preserve her challenge to Nevada relinquishing jurisdiction to California. Affirmed.
Court: California Courts Of Appeal, Judge: Edmon, Filed On: November 14, 2023, Case #: B326119, Categories: Family Law, Jurisdiction
J. Settle confirms the consent decree between the nonprofit organization and the port district regarding the former's lawsuit alleging that the latter discharged copper ore and other pollutions from its dry bulk commodities terminal into the waters of the United States in violation of the port's National Pollutant Discharge Elimination System permit. Among other stipulations, the port district shall develop and implement an operations and maintenance plan for the bioretention treatment system at Terminal 2 of its facility.
Court: USDC Western District of Washington, Judge: Settle, Filed On: November 14, 2023, Case #: 3:21cv5486, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Hardwick finds that the lower court properly denied the developer's petition for detachment from the county water district. The developer sought a lower tap fee for the delivery of water service to a new residential development, but it lacks standing to contest the contract between the district and the city. The developer has not shown the water district lacks the means to provide adequate water service or that its fees are out of the ordinary. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hardwick, Filed On: November 14, 2023, Case #: WD85866, Categories: Water, Contract
J. Gomez finds that the trial court failed to support a $100,000 restitution order with findings about the impact of defendant's sex offenses on his son, and instead applied its own experience from similar cases. The bar is low, and the victim is not required to testify, but a statement the victim made to investigators, or a statement by a treating physician, therapist or someone with personal knowledge of the victim impact is required. Reversed.
Court: California Courts Of Appeal, Judge: Simons, Filed On: November 14, 2023, Case #: A164374, Categories: Evidence, Sex Offender, Restitution
J. Nelson denies the mother a preliminary injunction regarding her lawsuit alleging that Director Fariborz Pakseresht and others violated her First Amendment rights through the Department of Human Services' requirement that prospective adoptive parents use a child's preferred pronouns and accept their sexuality, which she says violates her religious beliefs. The mother claims that the government offers exemptions to this requirement, but she does not provide any examples that it does so for secular applicants that could not or would not support a child's beliefs, nor do these examples "imply that the government grants exemptions for secular reasons."
Court: USDC Oregon, Judge: Nelson, Filed On: November 14, 2023, Case #: 2:23cv474, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Injunction
J. Cullen denies the food manufacturer's motion to dismiss. The customer claims she swallowed glass while eating a veggie burger from Burger King and sued both the manufacturer of the meatless burger and the restaurant that sold it to her, contending that at least one of them was negligent by allowing the glass to make its way into her food. The manufacturer argued that because she doesn’t know how the glass got into her Impossible Whopper she is barred from suing but no reasonable interpretation of the federal rules of civil procedure requires that a plaintiff know precisely how its injury occurred.
Court: USDC Western District of Virginia, Judge: Cullen, Filed On: November 14, 2023, Case #: 4:23cv16, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Tort, Negligence, Product Liability
J. Youchah grants the voltmeter manufacturer's motion to strike Innova's "new art reference" affirmative defense in this patent infringement suit. The defense could have been asserted in Innova’s answer to the original complaint or in the invalidity contentions, as this particular defense has been available since the beginning of the ongoing case and Innova has been aware of its option to challenge the eligibility of the manufacturer's product for patent protection.
Court: USDC Nevada, Judge: Youchah , Filed On: November 14, 2023, Case #: 2:21cv332, NOS: Patent - Property Rights, Categories: Evidence, Patent, Due Process
J. Panella find that the lower court improperly granted the Pennsylvania Board of Probation and Parole’s request to add three conditions to defendant’s probation, which was imposed after he was charged with sexually abusing children. The trial court lacked a legal basis for entering this order modifying defendant’s probation. Vacated.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: November 14, 2023, Case #: J-A14012-23, Categories: Probation, Sentencing, Sex Offender
J. Graves finds the Texas Commission on Environmental Quality improperly declined to impose certain emissions limits on a new natural gas facility that had been imposed on another natural gas facility. The commission failed to explain its reasoning for applying the law inconsistently. Vacated.
Court: 5th Circuit, Judge: Graves , Filed On: November 14, 2023, Case #: 22-60556, Categories: Energy, Agency
J. Clement dismisses the intervening environmental organizations' challenge to the district court's preliminary injunction, which prevents the Bureau of Ocean Energy and Management's removal of six million acres from an oil and gas lease sale, as well as its imposition of new limits on vessels over concerns of a survival risk to the endangered Rice’s whale. The intervenors have failed to show an injury is impending or likely to be redressed by a favorable decision by the Fifth Circuit.
Court: 5th Circuit, Judge: Clement , Filed On: November 14, 2023, Case #: 23-30666, Categories: Energy, Environment, Injunction