173 results for 'filedAt:"2023-06-08"'.
J. Gilbert finds that the trial court properly rejected a community group's petition seeking to restore a statue of Father Junipero Serra to its former location in front of city hall. The city was within its discretion under the Environmental Quality Act to find that the statue, which was a bronze replica of a previous concrete statue, had no historical significance. The city's plan calls for historic preservation, but allows for the removal of objects it finds lack historical value upon reexamination. The city's decision to remove the statue because it offended some in the community was a policy decision, not quasi-judicial. Affirmed.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: June 8, 2023, Case #: B319536, Categories: Environment, Municipal Law
J. Powell finds the lower court improperly granted a writ of mandamus requiring the city to provide documents to the former firefighter fired for making a racist remark. The code does not require the city to furnish documents to a grievant if it does not intend to use those documents in the grievance proceeding. Reversed.
Court: Virginia Supreme Court, Judge: Powell, Filed On: June 8, 2023, Case #: 210988, Categories: Employment, Public Record
J. Tow finds that the trial court that sentenced defendant on a child abuse conviction did not lose jurisdiction to impose restitution after the statutory 91-day period for restitution orders had passed. The 91-day period creates a nonjurisdictional deadline that may be waived for good cause. Here, defendant requested that the restitution hearing be set outside the period, intentionally relinquishing his right. Affirmed.
Court: Colorado Court Of Appeals, Judge: Tow, Filed On: June 8, 2023, Case #: 20CA1678, Categories: Restitution, Jurisdiction, Child Victims
J. Pipkin finds that the trial court improperly convicted defendant of aggravated assault and possession of a firearm during the commission of a felony. The trial court incorrectly granted the state's motion to exclude a note written by the victim forgiving defendant for the shooting into evidence on the basis of a discovery violation. The note was excluded on the basis of its age but there is no evidence showing when defendant became aware of the note or was able to exercise control over it. The trial court incorrectly failed to require the state to make a showing of bad faith and prejudice. Reversed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 8, 2023, Case #: A23A0477, Categories: Firearms, Assault
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J. Currault grants a Louisiana power company leave to amend its claims arising from damage to its waterfront facility by breakaway barges on the Mississippi River. The power company established good cause to amend its claims after a litigation deadline, based on discovery responses from owners of vessels, barges and equipment involved in the maritime accident.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: June 8, 2023, Case #: 2:22cv504, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Maritime, Negligence, Discovery
J. Lynch finds that the lower court properly granted a father's request to modify an order to award him primary physical custody of the parties' son. The parents had joint legal custody, but the father was better able to serve the boy's interests in light of his stable home environment and gainful employment. However, the boy's mother should have been granted telephone or video contact on all days in which he was in his father's care. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: June 8, 2023, Case #: 535851, Categories: Family Law
J. McEvers finds that the district court properly dismissed defendant's application for post-conviction relief after defendant was found guilty of terrorizing. Defendant claimed an unspecified error and a request to further investigate a potential claim. Post-conviction relief is not a device for investigating possible claims. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: June 8, 2023, Case #: 2023ND108, Categories: Habeas
J. Anderson grants the employer defendants' second dismissal motion in this lawsuit alleging that an employee's rights were violated by requiring her to be vaccinated with the Covid-19 vaccine "or else go on unpaid leave without the assurance of ever reclaiming her job." The employee further alleges that she was terminated from her employment, but the court dismisses her remaining state law claims, under the Tennessee Human Rights Act, the Tennessee Disability Act and Title 14. Under the THRA, there is not a duty "to accommodate an employee's religious beliefs."
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: June 8, 2023, Case #: 1:21cv1161, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment
J. Garry finds that the lower court properly denied a mother return of her younger child from out-of-home placement enacted based on neglect findings. As with her older child, the mother failed to demonstrate she had advanced beyond supervised visits or that she engaged with all required social services. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: June 8, 2023, Case #: 535494, Categories: Family Law
J. Aarons finds that the lower court properly issued an order of protection after finding that a husband's threatening phone calls to his wife, from whom he was separated pending divorce, constituted aggravated harassment. Credible evidence supported that claim, but did not support separate allegations contending he committed the family offense of disorderly conduct. Affirmed in part.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: June 8, 2023, Case #: 535803, Categories: Family Law, Restraining Order
J. Crothers finds that the district court properly denied an individual's application for post-conviction relief after the individual pleaded guilty to the charge of attempted murder and was sentenced to 15 years. The individual argues he is entitled to post-conviction relief because new evidence was discovered after he pleaded guilty and that he received ineffective assistance of counsel. Defendant did not meet the burden to show he received ineffective assistance of counsel. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: June 8, 2023, Case #: 2023ND109, Categories: Evidence, Ineffective Assistance, Murder
J. Quinn finds that the lower court properly granted summary judgment to the appellee in this negligence lawsuit involving the care of a ward. The appellant failed to provide evidence showing that it was "reasonably foreseeable that one suffering from hallucinations and schizophrenia" would harm himself without reasonable care from his guardian. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: June 8, 2023, Case #: 07-22-00310-CV, Categories: Negligence, Guardianship
J. Carlyle finds that the lower court properly determined appellant to be a sexually violent predator in this civil commitment case. Contrary to his argument on appeal, the evidence sufficiently establishes the existence of a "behavioral abnormality." The statutory definition is not ambiguous, as he contends, and an expert witness testified as to the abnormality. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: June 8, 2023, Case #: 05-21-01141-CV, Categories: Evidence, Commitment, Experts
J. Kennedy finds that the lower court properly rendered a take-nothing judgment on the appellant's negligence claims stemming from a car collision. The appellant driver challenges the jury's answer as to the liability question, but the jury was entitled to "resolve conflicts and inconsistences in the testimony." The jury's negligence finding was supported by factually sufficient evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: June 8, 2023, Case #: 05-22-00819-CV, Categories: Evidence, Tort
J. Gesner grants a car dealership its motion to dismiss a negligence and personal injury claims after a customer tripped and fell on uneven rugs, hitting his face and hurting his shoulder and left knee. Because the customer did not file his claim until almost the very end of the statute of limitations in which to do so, his delay unfairly prejudiced the dealership.
Court: USDC Maryland, Judge: Gesner, Filed On: June 8, 2023, Case #: 1:22cv1487, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Premises Liability
Per curiam, a panel of the 11th Circuit rules that the district court properly found in favor of the bank in an action brought by the employer alleging violations of the Fair Credit Reporting Act. The employer claimed the bank failed to conduct a reasonable investigation into her dispute of charges to credit cards opened in her name by an employee which were partially paid off by the employee via illegal access to the employer's bank accounts. The employer did not identify any investigatory steps the bank failed to take that would have made its investigation unreasonable. The criminal judgment against the employee was irrelevant to the bank's decision that the employee had apparent, rather than actual, authority to incur charges on the employer's behalf. Affirmed.
Court: 11th Circuit, Judge: Per curiam, Filed On: June 8, 2023, Case #: 22-10250, Categories: Consumer Law, Banking / Lending
J. Gilliam Jr. grants final approval to a $155,000 settlement with SoFi Lending over claims that it engaged in lending discrimination against non-U.S. citizens. The terms appear fair and reasonable and include $300,000 in attorney fees. Although the fees are almost double the settlement amount, they are fair given the lending practice changes that the legal team helped broker.
Court: USDC Northern District of California, Judge: Gilliam Jr. , Filed On: June 8, 2023, Case #: 4:20cv3386, NOS: Other Civil Rights - Civil Rights, Categories: Settlements, Banking / Lending, Attorney Fees
Per curiam, the circuit finds the lower court properly sentenced the defendant from New Zealand to 21 years of prison after sending sexually explicit photos and videos to a 13-year-old girl in Virginia. The defendant, who traveled to Virginia and attempted to kidnap the child before her mother shot him in the neck with a handgun, failed to argue that his conviction rests on an impermissible extraterritorial application because he was in New Zealand when he committed the offense. The intent was to send the photos to the United States. Affirmed.
Court: 4th Circuit, Judge: Per curiam, Filed On: June 8, 2023, Case #: 22-4131, Categories: Kidnapping, International Law, Child Pornography
J. Steele grants an insured's motion to dismiss an insurance company's action seeking declaratory relief concerning what, if any, coverage it owes for fire damage to a manufactured home. The district court need not exercise jurisdiction over the case due, in part, to the fact the insured has filed a related complaint in state court and prosecuting this case "would increase friction between state and federal courts."
Court: USDC Southern District of Alabama, Judge: Steele, Filed On: June 8, 2023, Case #: 2:23cv73, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction
J. Kagan finds that the court of appeal improperly ruled in trademark infringement claims that whisky company Jack Daniels brought against a dog toy manufacturer because the court applied the incorrect test to determine whether toys that parody Jack Daniels bottles constitute infringement. Reversed.
Court: US Supreme Court, Judge: Kagan, Filed On: June 8, 2023, Case #: 22-148, Categories: Trademark
J. Beckwith finds the trial court should have granted defendant's request to withdraw his guilty plea to second-degree murder while armed in a case arising from a gun battle, which ensued after he confronted a man for allegedly assaulting his girlfriend. Defense counsel improperly gave up defendant's self-defense claim during the plea colloquy. Reversed.
Court: DC Court of Appeals, Judge: Beckwith, Filed On: June 8, 2023, Case #: 17-CF-1282 , Categories: Murder, Plea
J. Wise finds that the trial court should have dissolved a temporary injunction because the relevant statute had been amended by the state legislature. Members and candidates in the Libertarian Party had obtained an injunction enjoining the Texas Secretary of the State from rejecting third-party nominees for a general election ballot for not paying a filing fee or submitting a petition in lieu thereof. The change in the law that requires a fee/petition as a prerequisite to nomination nullifies the basis for the temporary injunction. Reversed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: June 8, 2023, Case #: 14-22-00091-CV, Categories: Civil Procedure, Elections, Government
J. Jenkins grants the defendant engineering services company’s motion for summary judgment on a failure to accommodate claim brought by one of its former employees. The company fired plaintiff after he took an extended Family and Medical Leave Act leave to address bouts of depression, anxiety and panic attacks. The court finds the company was within its rights to fire the employee, as his mental state left him unable to operate machining tools, his primary job task.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: June 8, 2023, Case #: 1:18cv7079, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Lee finds the lower court improperly dismissed defendant’s appeal for lack of jurisdiction. Defendant drove through a cemetery causing $30,490 in damages. He pleaded guilty to DUI and leaving the scene of an accident. Defendant violated the terms of his probation for driving on a revoked license and the trial court revoked his probation, ordered him to serve the balance of his sentence in confinement, and ordered him to pay restitution while incarcerated. Defendant appealed to the Tennessee Court of Criminal Appeals, who dismissed on grounds that the trial court’s order was not a final order. The instant court finds that the trial court’s order is a final order and reverses the lower court’s dismissal, but it also finds that the trial court did not properly consider defendant’s ability to pay when it ordered restitution. The matter is remanded to the trial court for further proceedings. Vacated.
Court: Tennessee Supreme Court, Judge: Lee, Filed On: June 8, 2023, Case #: M2020-00359-SC-R11-CD, Categories: Restitution, Dui, Jurisdiction
J. Ishee finds the lower court properly convicted defendant for intentional possession of a quantity of 20 dosage units but no more than 40 dosage units of methamphetamine. The drugs were found during the course of a search of a vehicle defendant had been driving, and was stopped by police for not having the license plate illuminated; a baggie of methamphetamine pills were stashed behind the car radio. Evidence is sufficient to support defendant’s conviction and sentence of 20 years in the custody of the Mississippi Department of Corrections, with eligibility for release after eight years with five years post-release supervision. Affirmed.
Court: Mississippi Supreme Court, Judge: Ishee, Filed On: June 8, 2023, Case #: 2021-KA-01159-SCT, Categories: Drug Offender, Evidence