150 results for 'filedAt:"2023-05-25"'.
J. Womack finds the trial court properly convicted defendant for murder. Defendant was observed stabbing the victim by witnesses on a two-day long excursion involving the acquisition of drugs, firearms and owed money. The arrest was made and evidence was gathered with the help of the witnesses. Certain claims of error are not preserved and are subject to no exceptions. Defendant was not prevented from testifying about the victim’s past and self-defense instructions were properly given to the jury. All evidence was properly admitted, and defendant’s habitual offender status was properly applied at sentencing. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack, Filed On: May 25, 2023, Case #: CR-22-498, Categories: Evidence, Murder, Sentencing
Per curiam, the appellate division finds that the lower court properly found for the city police department, which denied the applicant's request to be appointed as a probationary police officer. It is not arbitrary and capricious for an agency to provide no reason for its exercise of discretion in hiring decisions. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 25, 2023, Case #: 02831, Categories: Employment
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J. McShane dismisses the former manufacturing technician's claims that the manufacturing company wrongfully fired her because it did not want to provide accommodations for her cataract and dry eye condition. Most of the former technician's claims prior to Apr. 25, 2018, are time-barred. As for the remaining disparate treatment claims, she does not present evidence that the manufacturing company reduced her pay and benefits or that it significantly changed her duties, and it had a reasonable cause to dismiss her due to her disrespect toward co-workers.
Court: USDC Oregon, Judge: McShane, Filed On: May 25, 2023, Case #: 6:20cv1201, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Skretny finds for the IRS in claims contending an employee had been denied accommodations for irritable bowel syndrome and Crohn's Disease and was ultimately fired because the employee failed to counter the IRS's contention that the employee had been fired for attendance issues. Meanwhile, the employee had been denied full-time telework accommodations before the Covid-19 pandemic struck, and thus that refusal is not comparable to the current matter.
Court: USDC Western District of New York, Judge: Skretny , Filed On: May 25, 2023, Case #: 1:20cv951, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment
J. Zilly finds in favor of the insurance company on claims from the apparel company and its managing member alleging that the insurance company did not honor its commercial liability policy by not defending or indemnifying the apparel company in an underlying lawsuit. The insurance company has no duty to defend or indemnify the apparel company because the underlying lawsuit does not allege an advertising injury as defined in the policy. The apparel company's use of the opposing parties' logos and art as part of the former's "nostalgia branded apparel" did not cause the injury, but rather the apparel company caused the opposing parties' damages when it did not pay the specified percentages of its sales.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: May 25, 2023, Case #: 2:22cv417, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Contract
J. Bradford finds that the trial court improperly ruled in negligence claims in which an insurer contends a corporation discarded evidence related to a fire that damaged an insured home by finding that the insurer failed to properly plead that the corporation had a duty to preserve the evidence. Reversed.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: May 25, 2023, Case #: 22A-CT-1924, Categories: Evidence, Negligence
J. Hillman rules against a home health company accused of misclassifying employees as exempt from overtime because a jury could conclude that other testifying employees were subject to a pattern of being denied overtime, and the parties did not have a definitive, mutual understanding that salaries would cover overtime hours worked.
Court: USDC New Jersey, Judge: Hillman , Filed On: May 25, 2023, Case #: 1:17cv1742, NOS: Fair Labor Standards Act - Labor, Categories: Employment
J. Hood finds that an insurer was properly denied summary judgment after a driver was injured in a car collision and her physical therapy provider was awarded no-fault benefits, costs, and attorney fees. The no-fault act did not require the provider to administratively appeal the insurer's utilization review through procedures in MCL 500.3157a and Michigan Administrative Code R 500.65. Affirmed.
Court: Michigan Court of Appeals, Judge: Hood, Filed On: May 25, 2023, Case #: 362094, Categories: Civil Procedure, Insurance
J. Schiltz dismisses the minor and her mother’s suit related to burns the minor sustained when a minivan in a Walmart parking lot caught fire and the fire spread to a car where the minor was sleeping. The retailer’s policy of allowing travelers to sleep in its lots does not turn its parking lots into “recreational camping areas” under a Minnesota law regulating such areas, and the minor and her mother have not shown that doing so created a nuisance or that the burns were the result of the retailer’s negligence.
Court: USDC Minnesota, Judge: Schiltz, Filed On: May 25, 2023, Case #: 0:22cv1584, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Premises Liability
J. Lewison finds a lower court properly awarded damages to a business associate over contract claims against the seller of a villa. The seller of the villa argued that he was entitled to sell the property to a third party. However, the business associate presented sufficient evidence in court that the seller of the villa agreed to swap the property for a yacht. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: May 25, 2023, Case #: CA-2022-1763, Categories: Property, Contract
J. Pillard upholds the tax court's finding for the IRS on an individual's challenge to the whistleblower office's refusal to grant him a whistleblower award for reporting on a company. Although the IRS ordered the company to pay tax adjustments, these were unrelated to the issues on which the individual had reported. Affirmed.
Court: DC Circuit, Judge: Pillard, Filed On: May 25, 2023, Case #: 22-1006 , Categories: Tax, Whistleblowers
J. Alito finds that the circuit improperly ruled in claims between property owners and the EPA because the clean water act applies only if wetlands blend or flow into neighboring water that constitutes a channel for interstate commerce. Reversed.
Court: US Supreme Court, Judge: Alito, Filed On: May 25, 2023, Case #: 21-454, Categories: Commerce, Environment, Property
J. Wise finds that the trial court improperly granted summary judgment to the insurance agent parties on allegations they failed to timely submit insurance claims, causing a family $2 million in damages. The evidence raises a fact issue as to whether the agent had a duty to submit the claims. Reversed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: May 25, 2023, Case #: 14-21-00708-CV, Categories: Insurance, Negligence, Contract
Per curiam, the appellate division finds that the lower court properly sentenced defendant based on his guilty plea to burglary. The plea terms were altered following the discovery that the homeowner had been present during the burglary, but the enhancement did not render the sentence harsh. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 25, 2023, Case #: 112116, Categories: Burglary, Sentencing, Plea