177 results for 'filedAt:"2023-06-09"'.
J. Goldsmith grants a sheriff dismissal of claims seeking a temporary restraining order on grounds that plaintiff had been prevented from communicating with detainees in the county jail, claims plaintiff brings even though he is not a licensed attorney and otherwise failed to clarify why he wishes to communicate with detainees. Plaintiff's rights were not violated since he remained able to communicate though traditional mail and by visiting detainees in person.
Court: USDC Eastern District of Michigan, Judge: Goldsmith, Filed On: June 9, 2023, Case #: 2:22cv13070, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment
J. Eckerle finds that defendant was properly convicted of various drug offenses after a substantial quantity of drugs was discovered during a traffic stop because the warrantless search was supported by reasonable suspicion of criminal activity based on an informant's tip. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Eckerle, Filed On: June 9, 2023, Case #: 2022-CA-0989-MR, Categories: Drug Offender, Search
Per curiam, the Vermont Supreme Court finds that the lower court properly terminated a father's and mother's parental rights. The evidence was sufficient to show that terminating parental rights was in the best interest of child. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: June 9, 2023, Case #: 23-AP-031, Categories: Evidence, Family Law
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J. Tailor finds that the lower court improperly dismissed a law firm's breach of fiduciary duty claim against a former associate attorney on its claim that he accepted compensation from another employer while still employed with the plaintiff firm and took thousands of confidential documents with him prior to his departure. Reversed in part.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: June 9, 2023, Case #: 220273, Categories: Trademark, Fiduciary Duty
J. Briscoe finds that the lower court properly convicted defendant of sexual abuse. The evidence was strong enough to pass muster and other jury-related errors defendant raises were ultimately harmless and do not call for reversal. Affirmed.
Court: 10th Circuit, Judge: Briscoe, Filed On: June 9, 2023, Case #: 22-2039, Categories: Jury, Sex Offender
J. Miller finds that the trial court properly awarded the customer $474,000 in compensatory and punitive damages in a negligence action against the Hardee's restaurant owner arising after the customer suffered a severe allergic reaction from eating mushrooms. The trial court's jury charges covered the same legal principles underlying the charge requested by the owner. The trial court correctly denied the owner's motion for a directed verdict on punitive damages because there was evidence the customer told the restaurant staff about his allergy at least four times, that the owner did not train employees on allergen and cross-contamination procedures and that the staff reassured the customer that his food would not contain mushrooms. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: June 9, 2023, Case #: A23A0020, Categories: Jury, Damages, Negligence
J. Dillard finds that the trial court properly found in favor of the employer in a negligence action brought by the widow arising from fatal injuries her husband suffered in a vehicle collision with the employee. The trial court correctly found in favor of the employer on the widow's vicarious liability claim. The employer's request that the employee work on the holiday did not create a genuine issue of fact as to whether she was on a special mission when she was commuting to work the morning of the crash. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: June 9, 2023, Case #: A23A0430, Categories: Negligence
Per curiam, the appellate division finds that the trial court should have dismissed two counts in third-party claims contending a health care management services company failed to honor lease agreements. The parties did not raise triable issues of fact as to whether the release was void and failed to demonstrate the services company relied on misrepresentations regarding the agreements. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: CA 22-00098, Categories: Settlements, Fiduciary Duty, Contract
J. Gallagher grants Baltimore County’s motion for summary judgment and denies a class of currently and formerly incarcerated people its cross-motion for judgment in its suit alleging Fair Labor Standards Act violations. The class’s work was to sort materials at a recycling center, also owned and run by the county, so the class cannot claim an “outside” employer in this case. Although the county paid those incarcerated $5 daily while paying employees doing the same job minimum wage, the county’s program has shown that it provided structure and job training to incarcerated people and was never meant to be employment for them. Therefore, the Act cannot cover the class in this case.
Court: USDC Maryland, Judge: Gallagher, Filed On: June 9, 2023, Case #: 1:21cv34, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor, Prisoners' Rights
Per curiam, the Vermont Supreme Court finds that the lower court properly terminated a father's and mother's parental rights. The parents failed to identify any prejudice resulting from their absence during a hearing, and the evidence was sufficient to show that the termination was in the best interest of the child. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: June 9, 2023, Case #: 23-AP-016, Categories: Evidence, Family Law, Due Process
J. Wilson denies the El Salvadoran national’s petition for review of the Board of Immigration Appeals finding him removable through proceedings arising from his conviction for injuring a child by omission because of his inappropriate touching of his younger female relative. None of defendant’s proffered cases in his attempt to show the controlling penal code’s overbreadth demonstrate that Texas would apply it to crimes that do not align with the board’s definition of child abuse. Affirmed.
Court: 5th Circuit, Judge: Wilson, Filed On: June 9, 2023, Case #: 21-60530, Categories: Immigration, Sex Offender, Child Victims
[Consolidated] J. Wallis finds largely in favor of the daughter in a dispute over the dissolution of the mother and father's marriage, the distribution of assets from a dissolved family business, and the conversion of the dissolved business's assets to benefit a new business started by the son. The trial court's denial of the father's motion to dismiss the daughter's shareholder action and its liability and damages determinations are upheld without discussion, but the case is remanded for the trial court to handle a narrow matter in the marriage dissolution, specifically so it can enter an exact value on a worksheet meant to equitably divide the shareholder derivative damages. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Wallis, Filed On: June 9, 2023, Case #: 22-0803, Categories: Family Law, Fiduciary Duty, Conversion
J. Sumners finds that the trial court improperly dismissed claims contending a 66-year-old bookkeeper had been fired from the law firm due to her age and for taking off work for a knee surgery. An attorney's comments that the bookkeeper's leave "certainly played a factor" in whether she could join the new firm following merger suggested possible discrimination. Reversed.
Court: New Jersey Appellate Division, Judge: Sumners , Filed On: June 9, 2023, Case #: A-0466-21, Categories: Employment, Employment Discrimination
J. Mikva finds that the lower court improperly denied a father's motion for leave to file a third amended complaint in a suit stemming from a fatal police shooting. There appears to be new information about the shooting that was not included in the record, including footage from body-worn police cameras and witness testimony from other passengers in the car. Reversed in part.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: June 9, 2023, Case #: 220245, Categories: Civil Procedure, Civil Rights
J. Eckerle finds that a mother was properly denied sole decision-making authority concerning the parties' child under the custody agreement. Her desire for a French immersion program at the child's school was irrelevant since her school of choice no longer offered such a program, and the school, which boasted poor test scores, created transportation conflicts for the father. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Eckerle, Filed On: June 9, 2023, Case #: 2022-CA-0202-MR, Categories: Family Law
J. Garcia dismisses for failure to state a claim a lawsuit brought by a woman against her former employer over a data breach. While the company did indeed suffer a data breach, and the woman alleges the breach will pose an “omnipresent threat” to affected employees “for the rest of their lives,\” she has failed to show that she suffered an actual injury that is “traceable” to the company.
Court: USDC New Mexico, Judge: Garcia, Filed On: June 9, 2023, Case #: 1:22cv662, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Damages, Technology
J. Cassel finds the district court properly added restrictions to the developmentally disabled patient’s treatment plan, who, in his court-ordered custody and treatment, still presents an ongoing threat of harm due to his sexual interest in children. The least restrictive alternative for treatment was found to be a shared living provider environment with no other participants and all-day supervision, including the monitoring of all electronic or telephonic communications. The court revoked internet access entirely, adding the requirement that the patient wear a GPS monitor, which he appeals. The added conditions conform to law, are supported by competent evidence and are not arbitrary, capricious or unreasonable. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel, Filed On: June 9, 2023, Case #: S-22-652, Categories: Civil Rights, Health Care, Commitment
J. Gibbons finds the trial court erroneously granted the inmate's motion for compassionate release. Even if an error in his jury instructions during his trial on murder-for-hire charges rendered his sentence erroneous, he cannot use that error, in conjunction with his serious health issues, as an end run around the proper avenue for his postconviction claim. Therefore, because he had already filed a habeas petition and been denied relief, the sentencing error cannot serve as the type of extraordinary and compelling reason for his early release. Reversed.
Court: 6th Circuit, Judge: Gibbons, Filed On: June 9, 2023, Case #: 22-2037, Categories: Habeas, Murder, Sentencing
J. Wall finds a lower court properly imposed a restitution plan on a defendant who pleaded guilty to robbery of a vehicle. The defendant argued that the $2,000 restitution plan is impractical based on lack of funds. However, the plan is reasonable because he is allowed to make payments of $15 per month during his 100 month prison sentence. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: June 9, 2023, Case #: 123,5, Categories: Robbery, Restitution