141 results for 'filedAt:"2023-11-28"'.
J. Sales finds a lower court properly dismissed a local housing authority's denial of accommodations to a civilian who is wheelchair bound. The housing authority argued that it provided her and her family with adequate accommodations. However, the civilian sufficiently showed in court that the property was unsuitable based on the lack of an accessible toilet on the first floor. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Sales, Filed On: November 28, 2023, Case #: 2023UKSC45, Categories: Ada / Rehabilitation Act, Property, Housing
J. Pellegrini finds that the trial court properly order the involuntarily termination of a mother’s parental rights to her three-year-old daughter and changed the child’s permanency goal to adoption. The child, who was born with a rare genetic condition that her biological parents did not have the means to accommodate for, has bonded with her foster parents, who have helped her make great progress. Affirmed.
Court: Pennsylvania Superior Court, Judge: Pellegrini, Filed On: November 28, 2023, Case #: J-S38031-23, Categories: Family Law, Government, Guardianship
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J. Bishop finds the district court properly reversed the small claims court's $3,500 judgment against the owner of the used car dealership. After the purchaser of a Jaguar sedan began having significant problems with the vehicle, he filed suit against the owner and not the dealership. The owner cannot be held personally liable for the dealership's actions and judgment cannot be entered against the dealership as it was never made party to the action. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: November 28, 2023, Case #: A-22-927, Categories: Consumer Law, Contract
J. Bishop finds the county court properly sustained the corporation’s motion for discharge of a revived default judgment on a debt. The default judgment term, "compounded annually,” has conflicting interpretations. The first definition supports the corporation's interpretation and, while the second definition supports the lender's, it requires the court to ignore specified per day rates, which must be calculated annually. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: November 28, 2023, Case #: A-22-939, Categories: Debt Collection, Contract
J. Rowland finds the district court improperly dismissed defendant's application for post-conviction relief in connection with his drug and firearms convictions and 77-year sentence. Defendant's application for post-conviction relief was dismissed as time-barred, having been filed more than one year after the convictions were finalized. No time limit existed when the convictions were affirmed, though a new statute later imposed the limit. A 1-year grace period is appropriate, as it affords affected petitioners as much time as their counterparts whose convictions became final after the limitations statute. Reversed.
Court: Oklahoma Courts Of Appeal, Judge: Rowland , Filed On: November 28, 2023, Case #: PC-2023-176, Categories: Drug Offender, Firearms, Sentencing
J. Robart denies the Christian humanitarian aid organization summary judgment against the job applicant's complaint that the former rescinded its job offer because the applicant is a married lesbian. The organization argues that the applicant's claims are barred by Title VII's religious organization exemptions, but it cannot invoke the religious employer exemption because her claims are based on sex and sexual orientation, not religious discrimination.
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 28, 2023, Case #: 2:21cv920, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Cheesbro partially grants a doctor's motion to compel discovery and production of documents in a defamation action arising after a media company aired four shows in September 2020 which contained allegedly false statements about the doctor related to gynecological care of ICE detainees. The media company is ordered to produce documents in response to three requests related to scripts referencing the doctor or allegations of inappropriate gynecological medical care of detainees, as well as internal and external communications involving 23 individuals. The company is not obligated to produce scripts and draft scripts created after Sept. 17, 2020 because they are not relevant to the inquiry as to actual malice.
Court: USDC Southern District of Georgia, Judge: Cheesbro, Filed On: November 28, 2023, Case #: 5:21cv56, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Discovery
J. Castel finds that the student may sue the university for discrimination and retaliation under Title IX after she was raped by a fellow student in an off-campus apartment. The student cannot show that the university was aware the alleged rapist was a risk to other students before the student made her accusations, but she states a claim that the university was deliberately indifferent after it became aware of the incident by never reviewing the hospital records or informing the student she needed to make a written complaint.
Court: USDC Southern District of New York, Judge: Castel, Filed On: November 28, 2023, Case #: 1:22cv5405, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education
J. Vaidik finds that the trial court improperly granted custody of a child to the grandparents against the mother's wishes because even though the mother abandoned the children for more than a year in 2018, she has been living with her children for more than two years. Reversed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: November 28, 2023, Case #: 23A-JP-776, Categories: Family Law
J. Moeller finds that no dispute of fact existed to prevent the trial court from granting a city summary judgment in a slip and fall case. The city did not have knowledge about a small icy patch at the airport that was an isolated incident and not the result of a flawed operating method that created recurring hazards. Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: November 28, 2023, Case #: 49606, Categories: Negligence
J. Pedersen finds that the lower court improperly awarded direct damages and interest in this breach of contract lawsuit concerning a development agreement. The lower court erred in awarding "amounts under alternative direct-damage theories." Accordingly, the case is remanded for "entry of a modified judgment" reflecting the correct amount. Reversed in part.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: November 28, 2023, Case #: 05-22-00699-CV, Categories: Damages, Contract
J. Peterson finds for the county, city and police officers in a lawsuit from the estate of a man one of the officers shot and killed after he and another officer tased him during a violent struggle upon finding the man naked and acting bizarrely subsequent to crashing his car into a snowbank. The officers actions can be reasonably justified given the circumstances, so the officers and municipalities are granted summary judgment on the estate's Fourth Amendment claims pertaining to the man's detention and the officers tasing and shooting him. The estate's claims referencing municipal liability and federal disability statutes also fail, as it has not shown the man's death was caused by any inadequate municipal policies for dealing with those in a mental health crisis or a failure to accommodate the man's disabilities, so the municipalities are granted summary judgment on those claims as well.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: November 28, 2023, Case #: 3:22cv102, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
J. Fader finds the lower court abused its discretion when it allowed evidence of defendant’s prior bad acts to be considered in this case of alleged murder and child abuse. Evidence was entered showing defendant pleaded guilty to child abuse resulting in the death of his infant son five years prior. Despite his objection, the lower court allowed the evidence and defendant now argues it should have been excluded. Because the State failed to sufficiently show any other reason for the evidence, other than demonstrating defendant’s propensity to commit the alleged crime, it is a violation of Maryland Rule 5-404(b), and should have been disallowed. The matter is remanded for a new trial. Reversed.
Court: Supreme Court of Maryland, Judge: Fader, Filed On: November 28, 2023, Case #: 2/23, Categories: Evidence, Murder, Child Victims
J. Stadtmueller finds that the glass pipe company has adequately proven the smoke shop infringed its trademarks by selling counterfeit versions of its glass pipe accessory products and, since the shop has failed to appear to defend itself, grants the company's motion for default judgment. The company is awarded $75,000 in damages for infringement of its three marks, plus $912 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: November 28, 2023, Case #: 2:23cv743, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Flynn finds the Appeals Court erred by reversing the trial court’s limited judgment because the law firm clients’ losses were purely financial. “The legislature intended the phrase 'negligent injury to person or property'…to include negligence claims seeking to recover for the kind of injury to economic interests that plaintiffs have alleged.” Reversed.
Court: Oregon Supreme Court, Judge: Flynn, Filed On: November 28, 2023, Case #: S069442, Categories: Property, Damages, Negligence
J. Mathis finds the trial court's jury instructions during defendants' trial on conspiracy to harbor illegal immigrants for commercial gain included language that properly defined the term "harbor." The revised version of the Immigration Act does not require knowing or willful acts on the part of criminal defendants. Additionally, even if the court had adopted defendants' version of the instruction, there was overwhelming evidence to establish the mens rea and find them guilty, including that the four Mexican immigrants lived in defendants' basement and were told to "not go outside or make any noise" at the risk of being deported by the government. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: November 28, 2023, Case #: 22-5516, Categories: Evidence, Immigration, Jury Instructions
J. Stadtmueller finds that the glass pipe company has adequately proven the smoke shop infringed its trademarks by selling counterfeit versions of its glass pipe accessory products and, since the shop has failed to appear to defend itself, grants the company's motion for default judgment. The company is awarded $75,000 in damages for infringement of its three marks, plus $931 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: November 28, 2023, Case #: 2:23cv701, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Goethals holds that the trial court improperly dismissed a rescission action that sought the recovery of money paid to keep secret the existence of an extramarital affair and a resulting child. The father of the child sought to rescind the transaction, which was the result of a threat by the mother to expose the affair and child. There is a civil statutory right, analogous to the crime of extortion, to rescind consent that was obtained through menace. Reversed.
Court: California Courts Of Appeal, Judge: Goethals, Filed On: November 28, 2023, Case #: G061633, Categories: Contract
Vice Chancellor Fioravanti grants Venezuela's state-owned oil company the right to a replacement stock certificate for its shares in a Delaware holding company that owns one of the largest operating petroleum refiners in the U.S. The holding company lacked good cause to decline the issuance as long as the oil company posts an unsecured bond of $10,000.
Court: Delaware Chancery Court, Judge: Fioravanti, Filed On: November 28, 2023, Case #: 2023-0778-PAF, Categories: Securities
J. Baker finds the trial court properly ruled against an electricity generator in its fraud suit against executives at the Electricity Reliability Council of Texas. Based on precedent set by the Texas Supreme Court, the Public Utility Commission has jurisdiction over the generator’s claims, not the trial court. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: November 28, 2023, Case #: 03-18-00695-CV, Categories: Energy, Government, Jurisdiction
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed an individual's request for a writ of prohibition. Even if it erroneously granted the Republican Party's request for attorney fees stemming from frivolous conduct without holding the required hearing, it maintained jurisdiction over the case, which prevents any prohibition relief. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 28, 2023, Case #: 2023-Ohio-4188, Categories: Civil Procedure, Judiciary, Jurisdiction
J. Cody finds that the trial court properly dismissed a wrongful death and dangerous condition of public property claim against the state over a highway fatality. The state met all the reasonable design conditions needed for design immunity, and it had placed deer crossing signs on either side of the accident site. Affirmed.
Court: California Courts Of Appeal, Judge: Cody, Filed On: November 28, 2023, Case #: B317192, Categories: Immunity, Negligence, Wrongful Death
J. Cain dismisses a family's civil rights case against police officers who shot the decedent, a wanted suspect, 14 times in his brother's home. The officers saw a gun on the floor after their decedent had been shot in the wrist and tased, while video evidence shows the decedent reaching across his body with his left hand and pulling the object he has retrieved toward his midsection. A reasonable officer in these circumstances could have believed the decedent had retrieved the gun and determined lethal force to be necessary.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: November 28, 2023, Case #: 2:20cv249, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Wrongful Death, Police Misconduct