158 results for 'filedAt:"2023-12-07"'.
J. Dyk finds that the district court properly ruled in patent infringement claims concerning the drug vortioxetine since the court relied on evidence of noninfringing uses. Affirmed.
Court: Federal Circuit, Judge: Dyk, Filed On: December 7, 2023, Case #: 2022-1194, Categories: Patent
Per curiam, the appellate division finds that attorney Karen Papadopoulos may be reinstated from his January 2014 suspension for failing to meet registration requirements because Papadopoulos complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 7, 2023, Case #: PM-272-23, Categories: Attorney Discipline
J. Hamilton finds that the district court properly imposed a communication restriction on an employer in a putative collective and class wage-and-hour action under the Fair Labor Standards Act. The lead plaintiff objected after his former employer responded to his lawsuit seeking unpaid overtime wages by trying to persuade employees to agree not to join any class action and to encourage employees to settle their claims individually. The district court found that the employer’s communications were misleading and coercive. Affirmed.
Court: 9th Circuit, Judge: Hamilton, Filed On: December 7, 2023, Case #: 22-55731, Categories: Employment, Class Action
J. Thomson finds the court of appeals improperly reversed defendant's murder and tampering with evidence convictions, received after he repeatedly stabbed his girlfriend. While the 69-month delay between defendant's indictment and trial on murder charges was presumptively prejudicial, it did not constitute a violation of his speedy trial rights. The majority of the delay was caused by numerous competency hearings, several of which were conducted after defendant was declared incompetent, at which point the state could not continue with a trial. Furthermore, his segregation from the general population in prison was a result of his own violent outbursts and, therefore, did not unduly prejudice him. Reversed.
Court: New Mexico Supreme Court, Judge: Thomson, Filed On: December 7, 2023, Case #: S-1-SC-37879, Categories: Competence, Murder, Speedy Trial
J. Gonzalez finds that the lower court properly convicted defendant of rape. Defendant claims it was an error to proceed with his preliminary hearing without his legal counsel, and while it is true his counsel should have been present, it was ultimately a harmless error and did not influence the outcome of his trial. Affirmed.
Court: Washington Supreme Court, Judge: Gonzalez, Filed On: December 7, 2023, Case #: 101269-1, Categories: Fair Trial, Sex Offender
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J. Weissmann finds that the trial court properly ruled in a zoning dispute over a shooting range because the property owners had been granted a permit to sell guns but not to have a shooting range on the property, and the owners failed to defend the zoning violation other than insisting county officials had not been allowed to enter the property. Meanwhile, attorney fees and sanctions were properly entered. Affirmed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: December 7, 2023, Case #: 23A-CT-467, Categories: Sanctions, Zoning, Attorney Fees
J. Fisher finds that the lower court properly vacated a decree admitting a will to probate by an attorney who ultimately pleaded guilty in state and federal court to defrauding the decedent and several charities out of $12 million because the attorney admitted in the plea agreement that she defrauded the decedent, her sister, and several charities. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: December 7, 2023, Case #: CV-22-1977, Categories: Fraud, Wills / Probate
J. Gilson finds that the trial court properly dismissed claims brought against the Archdiocese based on allegations that a Catholic priest sexually abused a parishioner in the early 1970s, when he was 14 years old, because evidence neither indicated that the Archdiocese's ownership of properties in the state related to the alleged abuse nor that the Archdiocese had been notified about the abuse or the priest's attraction to young boys prior to 1986. Affirmed.
Court: New Jersey Appellate Division, Judge: Gilson , Filed On: December 7, 2023, Case #: A-0372-22, Categories: Negligence
J. Mackey finds that the lower court properly declined to suppress evidence in his trial for weapon and drug possession because the search was supported by probable cause based on the informant's sworn firsthand account about what he had observed while selling stolen goods and buying drugs at defendant's apartment. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: December 7, 2023, Case #: 111216, Categories: Drug Offender, Search, Weapons
Per curiam, the appellate division finds that attorney Yusun Park may be reinstated following his September 2022 suspension for failing to meet registration requirements since Park complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 7, 2023, Case #: PM-273-23, Categories: Attorney Discipline
J. Tijerina finds that the lower court improperly granted a default judgment in favor of the appellee in this case seeking a declaratory judgment that the appellee owns an interest in the appellant company. The appellant's pro se answer was defective, but "sufficient to ward off a default judgment." Reversed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: December 7, 2023, Case #: 13-22-00446-CV, Categories: Civil Procedure
J. Slaughter grants Wells Fargo $10,700 in attorney fees for its complaint accusing Brian Lam, acting on behalf of himself and the investment advisory company, of not paying for his deposited demand drafts in his Wells Fargo account. The requested hourly rates for Wells Fargo's attorneys, which range from $145 to $408 an hour, are reasonable because each attorney has a relevant amount of experience and submits justified time entries.
Court: USDC Central District of California, Judge: Slaughter, Filed On: December 7, 2023, Case #: 2:22cv1277, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract
J. Bell denies a homebuyer’s motion for summary judgment against a real estate law firm and Bank of America after they foreclosed on her property. Initially, the homebuyer sued the firm and bank, alleging fraud, deceptive trading practices and breach of contract among others, then filed the current motion. However, the initial litigation has not yet resolved, and, therefore, the motion for summary judgment is premature.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 7, 2023, Case #: 3:23cv492, NOS: Foreclosure - Real Property, Categories: Fraud, Banking / Lending, Foreclosure
J. Richman finds the trial court failed to make required findings when it upheld the no-contact provision in defendant's sentence on domestic violence crimes. The provision infringed on his constitutional right to parental association and, therefore, necessitated findings it could not be accomplished by less restrictive means. Although the violent nature of defendant's crimes qualified as compelling circumstances to continue the no-contact provision involving his daughter, the court failed to consider whether remote communications would allow for contact between the parties without jeopardizing the safety of the child. Reversed.
Court: Colorado Court Of Appeals, Judge: Richman, Filed On: December 7, 2023, Case #: 2023COA117, Categories: Constitution, Sentencing, Due Process
[Consolidated.] J. Reynolds Fitzgerald finds that the lower court properly awarded a mother primary custody as the parent who could better provide structure and discipline for the parties' child. However, the record did not support an order requiring the mother to keep her child in the school district where she began kindergarten under the father's care. Due to the subsequent passage of time, remittal is necessary to evaluate that point. Meanwhile, the father was improperly awarded attorney fees since both parties stipulated to covering their own costs. Affirmed in part.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: December 7, 2023, Case #: 533969, Categories: Family Law, Attorney Discipline
J. Belsome finds that the juvenile court properly adjudicated a juvenile delinquent for being a minor in possession of a handgun. The officer was justified in stopping the juvenile because he noticed the juvenile walking and holding his waistband, a bulge in his hoodie pocket, and that he was intently observing the police car. Therefore, there was reasonable suspicion to stop the juvenile. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: December 7, 2023, Case #: 2023-CA-0629, Categories: Firearms, Juvenile Law, Search
J. Belsome finds that the trial court properly granted a bank's exception of res judicata on a church's claim that the bank improperly seized and sold property that was mortgaged as security after defaulting on a loan from the bank. In this case, the parties were involved in a previous executory proceeding for the property subjected to the notes and a bankruptcy proceeding where the bank specifically reserved its right to seize and sell the property at a foreclosure sale if the church did not meet its revised commitment. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: December 7, 2023, Case #: 2023-CA-0417, Categories: Property, Banking / Lending
J. Lasnik grants the mortgage lender's motion for rule 11 sanctions against Scott Stafne, attorney for the lendee, arguing that the lendee's claims were all frivolous and that his challenges to the 2021 non-judicial foreclosure sale and subsequent surplus funds proceeding were improperly asserted. Stafne made no attempt to prove his client's claims despite refusing to withdraw the challenged pleading or otherwise attempted to justify their failures by raising meritless challenges to the tribunal. Stafne is liable for $15,300 in attorney fees.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: December 7, 2023, Case #: 2:23cv223, NOS: Constitutionality of State Statutes - Other Suits, Categories: Fraud, Sanctions, Attorney Fees
J. Mackey finds that the lower court properly found for owners of a resort complex by concluding the property had been overassessed. While the town valued each of the 347 parcels individually in assessing the four tax years in dispute, the recent arms-length transaction under which the resort changed hands was the best indicator of value. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: December 7, 2023, Case #: CV-22-1981, Categories: Property, Real Estate, Tax
J. Fisher finds that the lower court properly denied a permanent injunction to a couple claiming adverse possession through use of a shed that sat adjacent to their property line. Amendments to state real property law now deem minimal, non-structural encroachments, such as sheds, to be permissive and non-adverse. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: December 7, 2023, Case #: 536163, Categories: Property
J. McAuliffe grants judgment in favor of three university officials accused by a member of the public of unlawfully barring him from using the university’s transportation system and of violating his First and 14th Amendment rights by intimidating other university officials into refusing him educational and transportation services. On multiple occasions while using the university’s transportation system, the member of the public behaved in a rude and unsafe manner.
Court: USDC New Hampshire, Judge: McAuliffe, Filed On: December 7, 2023, Case #: 1:22cv391, NOS: Other Civil Rights - Civil Rights, Categories: Education, Transportation, First Amendment
J. Bell partially denies a commercial hauling firm’s motion to dismiss sexual harassment and retaliation allegations brought by one of its former drivers. The driver, a woman, claims that a male coworker intentionally walked in front of her on the firm’s property in only underwear and penny loafers. After she reported the incident to her supervisors, she alleges that they systematically began to target her by writing up frivolous infractions, which they used to fire her. The driver’s harassment claim is not covered under state retaliatory protection law, but her retaliation claim is and can proceed.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 7, 2023, Case #: 3:23cv322, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Gallagher finds the trial court improperly refused to award the husband an equity interest in the marital home. Although the wife refused to sell the property and wanted to remain there after the divorce, her assumption of the mortgage debt did not result in an equal division of property. However, the wife's student loan debt was properly divided between the parties because it was used primarily for household and living expenses during her time in a masters program, which benefitted both parties equally and rendered it a marital debt. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: December 7, 2023, Case #: 2023-Ohio-4411, Categories: Evidence, Family Law
J. Williams grants, in part, the employer's motion to dismiss, ruling the Eleventh Amendment bars the claims brought under the Connecticut Fair Employment Practices Act because the Department of Transportation is a state actor that has not waived its right to sovereign immunity. Meanwhile, the lack of specificity in the black employee's discrimination claim regarding special privileges given to white employees prevents him from establishing a plausible Title VII claim for race discrimination, which will also be dismissed.
Court: USDC Connecticut, Judge: Williams, Filed On: December 7, 2023, Case #: 3:22cv537, NOS: Employment - Civil Rights, Categories: Evidence, Immunity, Employment Discrimination