129 results for 'filedAt:"2023-06-06"'.
J. Land finds in favor of the Securities and Exchange Commission in a fraud action against the brothers arising from a free-riding scheme that resulted in $12,000 in losses to two registered broker-dealers. One brother is liable for disgorgement in the amount of $12,000 and each brother is ordered to pay a $25,000 civil penalty.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: June 6, 2023, Case #: 4:22cv149, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
J. Coulson grants the Baltimore Police Department’s motion for dismissal of claims of race discrimination, hostile work environment and retaliation brought by a lieutenant in the department’s internal affairs section. The lieutenant alleges forced demotions and a delay in transfer to a different department, which no supervisors would discuss with him. However, all of his claims were time-barred as none of them happened within the 300 days leading up to his EEOC filing.
Court: USDC Maryland, Judge: Coulson, Filed On: June 6, 2023, Case #: 1:22cv3220, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. McHugh finds that the lower court properly dismissed all claims against the operator of ski resorts after a class of consumers sued them for not providing refunds for passes after the resorts were closed during the Covid-19 pandemic. When the consumers bought the ski passes initially, the contract to buy them included a clear no-refund policy. Though the resort owner was the one who broke the contract by closing the resorts, which consumers say voids the no-refund clause, there is nothing in Colorado law that allows for that interpretation. Affirmed.
Court: 10th Circuit, Judge: McHugh, Filed On: June 6, 2023, Case #: 21-1400 , Categories: Consumer Law, Class Action
J. Pirtle finds the district court improperly modified physical custody and parenting time as to the unmarried, separated couple’s minor child. The mother says that the court erred in finding a material change of circumstances affecting the child’s best interests. The majority of evidence brought by the father addressed the parties’ contentious relationship and communication issues. There was no dispute that those circumstances existed at the time the parties’ parenting plan was adopted. The father failed to meet his burden to demonstrate new facts and circumstances that warrant modification. Reversed and dismissed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: June 6, 2023, Case #: A-22-485, Categories: Evidence, Family Law, Guardianship
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J. McDonald finds that although defendant was acquitted of assault, the trial court properly used evidence supporting the charge in its sentencing calculations for other convictions. Supreme Court precedent establishes such conduct, so long as it is supported by a preponderance of the evidence, can be used during sentencing. Additionally, the trial court heard all the evidence presented at trial, could judge the reliability of all witnesses, and did not use the conduct from the assault charge to enhance defendant's sentence or extend it beyond the required guidelines. Affirmed.
Court: Connecticut Supreme Court, Judge: McDonald, Filed On: June 6, 2023, Case #: SC20734, Categories: Sentencing, Assault, Due Process
J. Doyle finds that the trial court properly granted the father's petition for modification of child custody. There was a material change in circumstance and the trial court's decision to give the father primary physical custody and the mother visitation was in the best interests of the children. However, the trial court incorrectly denied the mother's motion for contempt. The father admitted that he violated the final agreement by making decisions despite the mother having final decision-making authority in the areas of extracurricular activities and non-emergency healthcare. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 6, 2023, Case #: A23A0208, Categories: Contempt, Family Law
J. Pipkin finds that the trial court properly denied the landlord's motion for an amended order requesting a default judgment against the tenant in a dispossessory action. The tenant was not required to file an answer to the landlord's second amended dispossessory affidavit. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 6, 2023, Case #: A23A0613, Categories: Landlord Tenant
J. Conley finds partially in favor of the Muslim woman claiming she was unlawfully ordered by the prison guard to remove her hijab as a security measure before she was allowed to visit her incarcerated husband. The woman's First Amendment free exercise claim fails because she has not shown her right to publicly wear her religious headdress was substantially burdened, but her 14th Amendment equal protection claim will proceed to trial, as a reasonable jury could conclude the guard intentionally discriminated against her and treated her differently at the security checkpoint because of her religion. The woman's motion for summary judgment is partially granted, and her First Amendment, injunctive relief and official capacity claims are dismissed with prejudice.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: June 6, 2023, Case #: 3:22cv176, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Equal Protection
J. Taranto finds that the board of contract appeals improperly ruled for the construction company in a dispute over a contract to perform work in Yellowstone National Park because the board did not rely on facts in the record. Reversed.
Court: Federal Circuit, Judge: Taranto, Filed On: June 6, 2023, Case #: 2021-1837, Categories: Construction, Contract
J. Taranto finds that the patent trial and appeal board improperly ruled in a dispute over "vehicle floor trays" because plaintiff sufficiently pleaded obviousness. Reversed in part.
Court: Federal Circuit, Judge: Taranto, Filed On: June 6, 2023, Case #: 22-1373, Categories: Patent
[Consolidated.] J. Gooch finds that the lower court properly terminated the mother's parental rights. The mother now claims she was not provided with requested auxiliary interpretation aides, but it was her decision not to appear in court at the scheduled hearing and her counsel did not object to the court's finding that the mother waived her right to receive the help of a qualified interpreter. Affirmed.
Court: Missouri Court Of Appeals, Judge: Gooch, Filed On: June 6, 2023, Case #: SD37863, Categories: Family Law
J. Dowd finds that the commission properly disqualified the applicant from receiving unemployment benefits, finding that she was terminated for misconduct. The applicant was fired for repeatedly failing to abide by company policy regarding vacation requests and for her hostility and disrespect toward supervisors and others. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: June 6, 2023, Case #: ED111031, Categories: Employment
[Modified.] J. Streeter denies an insurer's petition for rehearing and modifies several paragraphs of an insurance coverage opinion with no change in judgment. The trial court properly dismissed a patient's individual Mental Health Parity Act claims because she did not name the correct defendant. However, summary judgment was improper for unfair competition and civil rights allegations that a health care plan discouraged members from seeking one-on-one mental health therapy. Triable issues of fact exist about whether the plan treats physical illness differently than mental illness. Reversed in part.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: June 6, 2023, Case #: A162323, Categories: Civil Rights, Health Care, Insurance
J. Bennett finds that the district court properly denied defendant's motion to suppress evidence in a case in which he entered a conditional guilty plea to being a felon in possession of a firearm and ammunition. The arresting officers had probable cause to believe that defendant remained on active parole when he was detained and searched. Affirmed.
Court: 9th Circuit, Judge: Bennett, Filed On: June 6, 2023, Case #: 22-10027, Categories: Firearms, Probation
J. Brown finds in favor of the owner of a vintage 1930 Brunner-Winkle Bird aircraft on all claims stemming from an accident in which the litigant’s arm was almost severed while hand-propping the aircraft’s engine. The court finds the litigant had knowingly assumed a level of risk due to his extensive experience as an aircraft mechanic and vintage aircraft enthusiast and that, by his own admission, there was nothing the owner, who was operating the aircraft at the time, could have done differently that would have prevented the accident.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: June 6, 2023, Case #: 2:21cv2292, NOS: Airplane - Torts - Personal Injury, Categories: Tort, Negligence, Aviation
J. Elrod finds the Benefits Review Board properly determined that an audiologist is a “physician” as defined in the Longshore and Harbor Workers’ Compensation Act, ordering that the sheet-metal mechanic had a right to select his own audiologist to treat work-related hearing loss. The shipbuilder denied coverage for treatment after its own audiologist found the mechanic had 0% hearing loss after his own audiologist had already found over 17% hearing loss. The company’s argument attempts to group audiologists with “other practitioners of the healing arts” as defined by the controlling regulation, which include naturopaths and faith healers. Audiologists are state-licensed practitioners of conventional medicine. The shipbuilder’s petition for review is denied.
Court: 5th Circuit, Judge: Elrod, Filed On: June 6, 2023, Case #: 21-60752, Categories: Employment, Health Care, Insurance
J. Susswein finds that the trial court should have vacated defendant's convictions for possession of controlled substances with intent to distribute. While police observed defendant commit traffic violations, defendant had parked and exited his vehicle before they could effectuate a stop. Meanwhile, the officer observed drugs in the car's floorboard only because defendant had not been allowed to retrieve his own credentials from the car. Reversed.
Court: New Jersey Appellate Division, Judge: Susswein, Filed On: June 6, 2023, Case #: A-2035-21, Categories: Drug Offender, Search