129 results for 'filedAt:"2023-06-02"'.
J. Lehrmann finds the court of appeals improperly ruled against the City of Austin in a premises liability suit brought by a pedestrian who fell from a curb while exiting a sidewalk cafe. The city, through its permit to the cafe, was not obligated to ensure the sidewalk was safe. It merely maintained the discretion to inspect the cafe and ensure it was keeping the area safe, therefore making the city immune from suit. Reversed.
Court: Texas Supreme Court, Judge: Lehrmann, Filed On: June 2, 2023, Case #: 22-0202, Categories: Government, Immunity, Premises Liability
C.J. Bright finds the lower court erroneously granted the employer's motion for summary judgment on its special good faith defense in a wage case. There is conflicting evidence as to whether it believed its payment practices to the waitress complied with state labor laws. While the employer claims it believed the waitress's non-tipped duties were performed for a minimal amount of time each shift, its legal counsel testified the restaurant had been informed its pay policies likely violated the law. Reversed in part.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: June 2, 2023, Case #: AC44544, Categories: Employment, Evidence, Labor
J. Faris J. Faris finds the bankruptcy court properly allowed NetJets to pursue its $1.7 million claim against debtors. NetJets did not violate a bankrupt air transport company's discharge injunction when it went after its owner for the debt, as a discharge injunction does not protect a debtor's alter egos. Affirmed.
Court: 9th Circuit, Judge: Faris, Filed On: June 2, 2023, Case #: NC-23-1008-FSG , Categories: Bankruptcy
J. Caldwell finds that the lower court improperly denied a father visitation with his children for at least three months because even though the father had been accused of domestic violence, the court failed to prove the serious endangerment standard had been met.
Court: Kentucky Court Of Appeals, Judge: Caldwell, Filed On: June 2, 2023, Case #: 2022-CA-0422-MR, Categories: Family Law
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J. Dimke dismisses the family's lawsuit alleging that the city's paramedics' negligent administration of epinephrine via IV to the asthma-suffering decedent caused a seizure that exacerbated his severe asthma attack, causing the decedent to die 18 days later. Although the paramedics did not explicitly document their deviations from protocol, such as not calling the hospital before administering IV epinephrine, they acted according to their observations and training to aid their patient under the supervision of a trained doctor, and thus acted with "slight care" that negates the family's negligence claim.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: June 2, 2023, Case #: 4:19cv5038, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence
J. Moore affirms the jury trial conviction and sentence of the defendant for being an armed habitual criminal. He knowingly possessed a Smith & Wesson .40 caliber pistol, after having previously been convicted of felony drug offenses. The gun was found under the driver’s seat of a vehicle the defendant had been driving for hours while drinking. The gun was only accessible to the driver. The evidence, including DNA evidence from the grip of the gun linked to the defendant, was sufficient beyond a reasonable doubt to sustain the conviction on appeal. Additionally, the defendant’s actions in refusing police commands to exit the vehicle and failing to keep his hands out of the window show “consciousness of guilt.” Affirmed.
Court: Illinois Appellate Court, Judge: Moore, Filed On: June 2, 2023, Case #: 220047, Categories: Evidence, Firearms, Vehicle
J. Palk grants the motion to remand this negligence lawsuit alleging that a property owner suffered property damage as a result of water runoff from the neighboring properties. Fraudulent joinder is not a basis for the court "to exercise diversity jurisdiction." Also, the plaintiff property owner has a "reasonable procedural basis" for joining the various defendants, including the defendant insurance company, in a single action.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: June 2, 2023, Case #: 5:23cv263, NOS: Insurance - Contract, Categories: Insurance, Negligence
J. McLaren affirms the lower court’ jury verdict finding a motorist guilty of using a handheld cellular device while driving. The motorist argued that because her traffic citation incorrectly stated she must appear in court and failed to identify the potential penalty for the offense, she was denied the opportunity to plead guilty without having to appear. Further, the citation failed to identify the nature of the offense, impeding her ability to prepare a defense. The motorist ultimately had the opportunity to plead guilty and the citation adequately notified her of the nature of the charge. Affirmed.
Court: Illinois Appellate Court, Judge: McLaren, Filed On: June 2, 2023, Case #: 220336, Categories: Evidence, Vehicle
J. Barbier grants summary judgment to the Federal National Mortgage Association establishing the liability of the owner of six separate borrowers, all of which are the owner’s limited liability companies, which are all now in bankruptcy. The fact that the borrowers filed for bankruptcy automatically accelerated the federal loan, and the borrowers became personally liable for all payments immediately due, without any written notice required from Fannie Mae.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: June 2, 2023, Case #: 2:22cv2588, NOS: Other Contract - Contract, Categories: Bankruptcy, Housing, Banking / Lending
J. Kim finds that the trial court properly dismissed a shareholders' derivative fiduciary duty suit for a failure to show demand futility. The shareholders did not establish that it would have been futile to serve a demand on the board of directors of the utility responsible for the 2015 Aliso Canyon gas leak. The complaint did not sufficiently allege that the board had not taken good faith efforts to monitor and report safety issues with natural gas storage infrastructure, or that the individual directors faced liability. Affirmed.
Court: California Courts Of Appeal, Judge: Kim, Filed On: June 2, 2023, Case #: B312129, Categories: Securities
Per curiam, the Florida Sixth District Court of Appeals finds the trial court erred by granting homestead protection to the trust in a fraudulent transfer case. The trust does not own the property, so it was not entitled to a homestead defense. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: June 2, 2023, Case #: 6D23-198, Categories: Fraud, Property, Trusts
J. Vance dismisses a State pretrial detainee’s civil rights claims against the Jefferson Parish Sheriff as “frivolous” and without merit. The ruling also adopts the findings of a magistrate judge’s report, allowing the detainee to proceed on claims that he couldn’t walk after three Kenner City police officers threw him on the ground and beat his ankles with “a long black stick.” The defendant’s excessive force complaint is stayed, pending resolution of criminal charges he slashed a woman’s face with a razor.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: June 2, 2023, Case #: 2:23cv197, NOS: Prison Condition - Habeas Corpus, Categories: Constitution, Police Misconduct, Prisoners' Rights
J. Hagedorn finds the the court of appeals rightfully upheld the circuit court's findings in favor of the corporate law firm in a legal malpractice suit from a venture capital firm and shareholders in a media company over millions of dollars in penalties and taxes they faced from the IRS after they cut a deal to sell the company's stock and assets to buyers through a middleman company, which they did because selling directly to buyers would expose them to taxes they wanted to avoid. The circuit court did not err by admitting evidence that the shareholders settled claims against two other law firms because the facts of the case fit an exception in Wisconsin law barring admission of settlement evidence and, although the circuit court incorrectly permitted the law firm's attorney to reference the settlement in his closing argument to show liability, it did not abuse its discretion by denying the shareholders' motion for a new trial. Affirmed.
Court: Wisconsin Supreme Court, Judge: Hagedorn, Filed On: June 2, 2023, Case #: 2020AP806, Categories: Negligence, Legal Malpractice
Per curiam, the circuit finds that the district court properly convicted defendant of receiving, distributing, and possessing child pornography. Defendant contends that only states may criminalize his conduct, but precedent holds that under the commerce clause, Congress may criminalize possession of child pornography. Meanwhile, the 13-year, below-guidelines sentence was substantively reasonable. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 2, 2023, Case #: 22-763, Categories: Constitution, Sentencing, Child Pornography
J. Nalbandian denies the pipeline company's petition for review, ruling that even though its safety compliance officer was on vacation when he initially received notice of a dent in its pipeline, the timing of the notice is irrelevant because the company failed to reduce the pressure in the pipeline when it made repairs, as required by statute. Therefore, the penalty imposed by the Department of Transportation was neither arbitrary nor capricious. Affirmed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: June 2, 2023, Case #: 21-3405, Categories: Energy, Government, Due Process
J. Johnson affirms the trial court’s convictions of the defendant for stealing an unattended car at a gas station then leading police on a high-speed chase until his arrest, after he crashed the vehicle into a building. The case is returned to the trial court to eliminate improperly added convictions. The defendant’s corrected convictions are for one count of aggravated auto theft and one count of unlawful flight to a peace officer, with concurrent sentences of four years and two years respectively. Affirmed.
Court: Illinois Appellate Court, Judge: Johnson, Filed On: June 2, 2023, Case #: 220231, Categories: Ineffective Assistance, Sentencing, Vehicle
J. Parker finds that the state's Adult Entertainment Act is an unconstitutional restriction on speech and enjoins its enforcement as an "unconstitutional statute." The plaintiff nonprofit organization, which produces "drag-centric performances, comedy sketches, and plays," has established standing, and the court concludes that the Act "fails strict scrutiny review."
Court: USDC Western District of Tennessee , Judge: Parker, Filed On: June 2, 2023, Case #: 2:23cv2163, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Palmer finds the lower court properly determined the guarantee agreement signed by the tenant's affiliates extended to all of the lease renewals in a rent dispute. Although there was some ambiguity in the contract, it was not unreasonable to assume the phrase "renewal of the lease" extended beyond the first extension of the agreement. Additionally, the affiliates' signatures on the initial guarantee agreement was sufficient to render them liable for the tenant's nonpayment of rent after several renewals because the original document included language regarding renewals. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Palmer, Filed On: June 2, 2023, Case #: AC44909, Categories: Landlord Tenant, Contract
J. Bennett denies the Baltimore Police Department its motion to dismiss allegations of battery made by a motorist after he was shot in the head by a police officer’s stray bullet during a high-speed chase. The motorist was caught in the crossfire as police chased someone they believed could be a suspect in a string of homicides. The chase occurred over 30 city blocks, including school zones, reaching speeds of up to 90 miles per hour. The motorist survived and developed a traumatic brain injury, limb paralysis, a debilitating seizure disorder, constant pain and loss of independence. The officers argue it was the suspect’s bullet that hit the motorist. However, since the bullet hit him from behind where the police were in pursuit, not from the front where the suspect drove, the motorist’s claim of battery has been satisfied.
Court: USDC Maryland, Judge: Bennett, Filed On: June 2, 2023, Case #: 1:20cv3431, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Firearms, Police Misconduct
J. Lemmon denies summary judgment to a property management company on vicarious liability claims in civil rights claim by a pregnant tenant who alleges the landlord’s manager directed a sheriff’s deputy to use his authority to attempt an unlawful eviction of her and her family. The landlord argues it had no contractual relationship with the deputy, who was merely the landlord's friend, picking up a key from an evicted tenant. The now-former deputy asserts that he was a “partner” with the landlord, performing repairs, odd jobs and possibly rent collection, for 10% of the profits of the properties he worked on, as well as hotel discounts and cash gifts. Fact issues preclude a finding that “no master-servant” relationship existed between the landlord and the cop.
Court: USDC Eastern District of Louisiana , Judge: Lemmon, Filed On: June 2, 2023, Case #: 2:22cv13, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Landlord Tenant, Police Misconduct
J. Carr denies the former forensic analyst's motion to exclude reports from the estate's expert witnesses in a civil rights case arising from the vacated sentence and grant of a new trial to the decedent for the murder of his wife. The blood deposit experiments conducted by two of the experts are reliable because they were peer-reviewed, while testimony about the methodology used by the forensic analyst is based on adequate knowledge and can be contested via cross-examination. Furthermore, the analyst's motion for summary judgment on the evidence fabrication claim must be denied because the expert reports at issue sufficiently cast doubt on the evidence used to convict the decedent and support a finding the analyst's tests were well beyond the standard methods used by crime labs.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: June 2, 2023, Case #: 3:17cv2657, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Experts
J. Lambert finds the court lacks jurisdiction to hear the husband's appeal of the trial court's order denying his motion to ratify a 2021 settlement agreement from litigation with his ex-wife seeking to modify their 2018 marital settlement agreement. The trial court never determined the 2021 agreement was "not enforceable, never existed or was set aside," as required by Florida Supreme Court precedent, and the husband's appeal is dismissed.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: June 2, 2023, Case #: 22-2609, Categories: Family Law, Settlements
J. Thapar finds the lower court properly applied a sentencing enhancement when defendant pleaded guilty to illegally possessing a handgun. His Ohio conviction for robbery, which includes the threat of or physical harm to another individual, qualifies as a crime of violence. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: June 2, 2023, Case #: 22-3699, Categories: Firearms, Robbery, Sentencing