143 results for 'filedAt:"2023-11-22"'.
J. Zmuda finds the lower court properly found the mother a danger to herself and her children, and ordered her involuntary confinement. Substantial evidence supported its conclusion, including testimony from police who found her with a loaded gun in her dilapidated home while claiming a maintenance employee poisoned her with LSD and expert testimony from the physician who treated her when she was first hospitalized. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: November 22, 2023, Case #: 2023-Ohio-4239, Categories: Evidence, Health Care
J. Stone finds that the trial court should not have awarded joint custody of the parties' children. The record shows that the father continuously refused to obey the original custody order and admitted that he kept physical custody of one of his children for four months without authority. The mother testified that keeping the child away from his other siblings had a negative impact on all of the children. Further, the father has not financially supported the children, and he has not paid the required child support award. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: November 22, 2023, Case #: 55,447-CA, Categories: Evidence, Family Law
J. McShan finds that the lower court properly denied a father custody and visitation concerning his sons and awarded their mother full custody because evidence supported the mother's claims that the father committed domestic violence against her and the boys' maternal grandmother. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: November 22, 2023, Case #: CV-22-2036, Categories: Family Law
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Per curiam, the circuit finds that an appeal should be dismissed as brought from an order vacating and remanding default judgment entered against a creditor in bankruptcy court. The litigation administrator of the debtors' post-confirmation estates challenged the order, which reopened an adversary proceeding over collection efforts on behalf of the creditor, but default judgment did not constitute an appealable final order.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 22, 2023, Case #: 23-60-bk, Categories: Bankruptcy, Civil Procedure, Jurisdiction
J. Deahl finds the lower court improperly dismissed a tenant's negligence action against his landlords based on the alleged theft by contractors whom the landlords had allowed into his apartment. He was not required to show heightened foreseeability, as he sufficiently pleads they unlocked his front door and did not monitor people entering and leaving the unit. Reversed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: November 22, 2023, Case #: 21-CV-0546 , Categories: Landlord Tenant, Negligence
J. Fisher finds that the lower court properly revoked a suspended judgment and terminated parental rights for permanent neglect based on the finding that the parents failed to take advantage of programs or meet set housing and job benchmarks concerning a child who had been placed in foster care before turning one year old. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: November 22, 2023, Case #: CV-22-2090, Categories: Family Law
J. Pritzker finds that the lower court should have dismissed claims contending a patient's medical records had been accessed "out of spite" in a family squabble because the records had not been accessed where the patient received treatment. Thus, the practice was not liable for failing to foresee these actions or for failing to supervise the employee. Affirmed in part.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: November 22, 2023, Case #: 535915, Categories: Negligence, Privacy
J. Ceresia finds that the lower court improperly dismissed portions of defendant's request for documents withheld or redacted in a Freedom of Information Law filing stemming from the denial of executive clemency on his murder conviction. Information that would have invaded personal privacy or endangered an individual should have been withheld, and defendant should have been awarded litigation costs, since he substantially prevailed in the proceeding. Reversed in part.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: November 22, 2023, Case #: CV-22-2357, Categories: Public Record, Privacy, Attorney Fees
J. Thapar finds the trial court properly applied a sentencing enhancement for defendant's possession of stolen firearms. All of the guns he purchased with a fake ID and fake credit cards qualify as stolen under the sentencing guidelines. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: November 22, 2023, Case #: 23-1212, Categories: Fraud, Sentencing, Identity Theft
J. Olguin grants final approval of a $190,000 settlement in the hourly non-exempt driver's class action alleging that the distribution company did not pay him and other drivers their owed minimum wage, authorize pay for their meal and rest periods, or timely pay all earned wages. The settlement is fair, reasonable and adequate.
Court: USDC Central District of California, Judge: Olguin, Filed On: November 22, 2023, Case #: 2:20cv11169, NOS: Employment - Civil Rights, Categories: Employment, Settlements, Class Action
J. Mayle finds that although the victim admitted he met with defendant on several occasions, including for the purpose of sexual gratification, while a protective order was still in effect, defendant's conviction for menacing was supported by sufficient evidence. It stemmed from activities that took place over a year before the consensual meetings, including harassing text messages and stalking. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: November 22, 2023, Case #: 2023-Ohio-4237, Categories: Evidence, Menacing
J. Van Tine finds that the lower court improperly dismissed a woman's consumer fraud claims against her dentist. The Consumer Fraud Act does not bar causes of action arising from the provision of dental services, and the woman can arguably allege that billing her to complete work on a tooth the dentist had already drilled into was dental malpractice. Reversed.
Court: Illinois Appellate Court, Judge: Van Tine, Filed On: November 22, 2023, Case #: 221703, Categories: Fraud, Health Care, Consumer Law
J. Gallagher finds that the lower court erroneously granted the ambulance driver's motion for summary judgment on the grounds of political subdivision immunity. It is undisputed she was not responding to an emergency call and her lights and sirens were not activated when she ran over the pedestrian's foot. Expert testimony from the pedestrian's reconstruction witness also established issues of fact regarding the right-of-way at the intersection when the collision occurred, which allows for the driver's conduct to be considered wanton or reckless. Reversed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: November 22, 2023, Case #: 2023-Ohio-4213, Categories: Immunity, Negligence, Experts
J. Alikhan reverses the trial court's finding for a couple on their claims against a contractor related to advance payments they made for renovation work they deemed defective. The couple failed to show the contractor or his wife actually accepted the advance payments. Reversed in part.
Court: DC Court of Appeals, Judge: Alikhan, Filed On: November 22, 2023, Case #: 22-CV-0527, Categories: Property, Contract
J. Veljacic finds that the lower court properly found that defendant is a "sexually violent predator." There was enough evidence on the record to support the findings that he fell under this definition, including evidence that he committed a "recent overt act." The lower court did improperly exclude certain evidence during proceedings as hearsay, but the error was harmless and did not influence the outcome of the findings. Affirmed.
Court: Washington Court Of Appeals, Judge: Veljacic, Filed On: November 22, 2023, Case #: 56944-2-II, Categories: Evidence, Sex Offender
J. Glasgow finds that the lower court properly denied a certificate to a care center looking to apply to fulfill additional hospice services in the state. In order to gain the certificate, the center needed to establish financial feasibility. The lower court properly concluded that the center's metrics for measuring the average length of stay for its patients rendered its financial feasibility analysis unreliable. The matter is nonetheless remanded to give the center a chance to supplement its application. Affirmed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: November 22, 2023, Case #: 57759-3-II, Categories: Health Care
J. Kim denies the Department of Homeland Security’s motion to dismiss an age and race discrimination suit brought by an over-40 Black former security guard at a Chicago Social Security office. The guard’s employer, a DHS partner, fired him for supposedly mishandling an arrest at the office. Though his union managed to get him reinstated pending DHS approval, the DHS decided he was “not suitable” to return to work. The guard claims the decision was pretextual, and meant to clear him out to make room for younger, non-Black guards. The court finds the guard has adequately alleged that claim.
Court: USDC Northern District of Illinois, Judge: Kim, Filed On: November 22, 2023, Case #: 1:22cv2690, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Anderson partially affirms the defendant's first-degree murder conviction. The district court did not abuse its discretion in prohibiting the defendant from asserting the affirmative defense of entrapment, since his assertion of the defense was untimely and he provided only minimal facts in support of it. His first-degree and second-degree murder convictions are both supported by sufficient evidence, and the district court did not abuse its discretion by denying his request for jury instruction on lesser-included offenses, but his second-degree murder conviction was erroneous since it was a lesser-included offense. Affirmed in part.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: November 22, 2023, Case #: A22-1273, Categories: Criminal Procedure, Murder, Jury Instructions