161 results for 'filedAt:"2023-06-13"'.
Per curiam, the appellate division finds that the lower court properly granted the lawyers' association motion for a preliminary injunction for an interim increase in the compensation rate paid to 18-B assigned attorneys. The association has made a "plainly meritorious" request for a court-ordered immediate rate increase after a decades-long legislative impasse. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 13, 2023, Case #: 03199, Categories: Administrative Law, Attorney Fees
J. Pechman grants the protesters' motion for a preliminary injunction enjoining the enforcement of a property destruction ordinance for the duration of the protesters' lawsuit, which alleges that the city's officers arrested them for writing protest messages in sidewalk chalk and charcoal on the city's temporarily erected walls outside of the Seattle Police Department's East Precinct. The protesters sufficiently allege that the ordinance was selectively enforced against them for their views as their arrests are evidence of a concrete and particularized injury to their rights under the First and Fourteenth Amendments, and the arrests had a chilling effect to their intent to do so again.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: June 13, 2023, Case #: 2:23cv17, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment, Injunction
J. Duncan finds the district court properly dismissed the employee’s retaliation and age discrimination suit for failure to state a claim. The employee’s complaint fails to allege facts that could show a causal link between any protected activities and the alleged adverse actions. No facts were alleged suggesting that those responsible for hiring decisions knew about grievances previously filed by the employee. Any events of failure to promote were also temporally remote from protected activity. Affirmed.
Court: 5th Circuit, Judge: Duncan, Filed On: June 13, 2023, Case #: 22-20586, Categories: Employment Discrimination, Employment Retaliation
J. Stratton finds that the trial court properly denied a challenge to a city's determination that its choices about where to allow commercial cannabis activities were exempt from environmental review. The city followed its general plan, the areas chosen accorded with existing zoning, and substantial evidence supported the conclusion that air quality, traffic, odor, noise and greenhouse gas emissions impacts would not be greater than those addressed in the city's standing environmental impact report. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: June 13, 2023, Case #: B310777, Categories: Municipal Law, Zoning
J. Fischer finds that the lower court properly denied defendant's motion for a new trial on charges of child molestation. A written judgment of conviction was entered into the record, albeit more than eight months after the final judgment. This tardy entry does not divest the court of appellate jurisdiction. There is no merit to defendant's claim that the trial court erred by failing to exclude expert witness testimony. Affirmed.
Court: Missouri Supreme Court, Judge: Fischer, Filed On: June 13, 2023, Case #: SC99913, Categories: Criminal Procedure, Child Victims
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J. Brown finds that the trial court properly conducted a bench trial in the couple's divorce proceedings and adopted the wife's proposed order making a determination of marital assets. The husband waived his right to a jury trial by participating in the bench trial and by failing to object. However, the trial court incorrectly entered the final order of divorce without incorporating a permanent parenting plan as required by the statute. The case is therefore remanded for compliance with the statute. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: June 13, 2023, Case #: A23A0580, Categories: Family Law
J. Duffy finds a lower court did not err in dismissing several motions brought by defendant after he was permitted to withdraw a years-old plea relating to possession and manufacture of child pornography. After being allowed to withdraw that plea, defendant moved to dismiss charges against him on the grounds that they violated his right to a speedy trial, but such constitutional protections do not apply once a defendant has already pleaded or been found guilty. Affirmed.
Court: New Mexico Court of Appeals, Judge: Duffy, Filed On: June 13, 2023, Case #: A-1-CA-40005, Categories: Plea, Speedy Trial, Child Pornography
J. Edmondson finds the district court properly granted the state’s motion to dismiss this action filed by an attorney challenging a $10 “Lengthy Trial Fund” fee, alleging that it is unconstitutional. The relevant statute does not unreasonably create two classes of litigants similarly situated, and the attorney fails to state a claim. Affirmed.
Court: Oklahoma Supreme Court, Judge: Edmondson, Filed On: June 13, 2023, Case #: 120589, Categories: Administrative Law, Constitution, Judiciary
J. Cruser finds that the lower court improperly sentenced defendant for his assault and firearm convictions. Defendant was shackled during his sentencing hearing, and the state has not shown why that restraint was fully needed or that his improper shackling was a harmless error. While defendant's other challenges to his sentence are without merit, the shackling error calls for a fresh sentencing hearing. Remanded.
Court: Washington Court Of Appeals, Judge: Cruser, Filed On: June 13, 2023, Case #: 56086-1-II, Categories: Firearms, Sentencing, Assault
J. Breckenridge finds that the state properly suspended the driver's license because he was arrested on probable cause to believe he committed an alcohol-related traffic offense. A preliminary breath test showed the driver's breach alcohol content was greater than 0.08 percent, and this evidence is admissible to show probable cause to arrest the driver. Affirmed.
Court: Missouri Supreme Court, Judge: Breckenridge, Filed On: June 13, 2023, Case #: SC99655, Categories: Administrative Law, Vehicle
J. Walker reveres the lower court’s order granting a nursing home parent company’s motion for summary judgment in its former occupational therapist’s wrongful discharge suit following his firing for having a loaded firearm in his car parked on the premises. The court finds material questions of fact remain whether the nursing home conditioned the therapist’s employment on an agreement that he would refrain from keeping his AR-15 locked inside or locked to his car while on its parking lot in violation of the Business Liability Protection Act, a 2018 law that prohibits employers from certain specific actions against someone when that person possesses a firearm legally, including as a condition of employment.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: June 13, 2023, Case #: 22-0094, Categories: Employment, Business Practices, Firearms
J. Williams grants, in part, the retirement plan administrator's motion to dismiss, ruling that while there were better performing investment funds than those offered to participants, the offered funds' performance was not so bad the administrator violated its fiduciary duty when it kept lower performance fund options. Meanwhile, because the participants cited no specific data for the availability of cheaper recordkeeping services, their claim for excessive fees must also be dismissed.
Court: USDC Connecticut, Judge: Williams, Filed On: June 13, 2023, Case #: 3:21cv1658, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty
J. Davis finds for the bidding company in this pre-award bid protest for a contract for shelf stocking and custodial services at the Dover air force base commissary because the defense commissary agency abused its discretion by removing the bid from consideration without giving the company an opportunity to clarify an error.
Court: Court of Federal Claims, Judge: Davis, Filed On: June 13, 2023, Case #: 23-253, Categories: Contract
J. Kerrigan denies taxpayers attorney fees and administrative costs in this liability dispute because the commissioner of internal revenue was justified in asserting they were liable for the tax.
Court: U.S. Tax Court, Judge: Kerrigan, Filed On: June 13, 2023, Case #: 2023-70, Categories: Tax
J. Weiler finds that the IRS office of appeals properly upheld notice of federal tax lien for unpaid tax liability for 2018 because evidence indicated the taxpayers were not entitled to an installment agreement.
Court: U.S. Tax Court, Judge: Weiler, Filed On: June 13, 2023, Case #: 2023-69, Categories: Tax
J. Richard Nelson largely denies the cleaning chemical manufacturer's motion for summary judgment and denies its motion to exclude expert testimony in a suit alleging that its disinfectant caused lung issues among its users, including the plaintiff hospital cleaner. One claim for strict liability based on a manufacturing defect is dismissed, since dismissal is unopposed. Product-liability claims based on a design defect and failure to warn survive, as do negligence, breach of express and implied warranty, intentional and negligent misrepresentation and fraudulent concealment claims.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: June 13, 2023, Case #: 0:20cv1806, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Experts
J. Davies finds a lower court properly dismissed an estate administrator's personal injury claims against a hospital. The estate administrator argued that he is entitled to relief after a neurosurgeon injured his father's spinal cord during surgery, which resulted in his eventual death. However, the hospital presented sufficient evidence in court that neurosurgical experts made the decision to move ahead with surgery based on his unbearable pain and discomfort, and that there was no alternative treatment. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Davies, Filed On: June 13, 2023, Case #: CA-2022-579, Categories: Health Care, Wrongful Death
J. McAuliffe recommends granting, in part, an individual’s motion for default judgment on her ADA claims against a Mexican restaurant. The disabled individual sufficiently pleaded the restaurant violated the Act based, in part, on allegations it lacked accessible parking, its tables were inaccessible and its service window was too high.
Court: USDC Eastern District of California, Judge: McAuliffe, Filed On: June 13, 2023, Case #: 1:22cv643, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act
J. Colloton finds a lower court properly sentenced a defendant to 96 months in prison after he pleaded guilty to unlawful possession of a firearm as a convicted felon. The defendant argued that the lower court violated sentencing rules by miscalculating his base offense. However, the defendant has a prior conviction of a crime of violence. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: June 13, 2023, Case #: 22-2605, Categories: Firearms, Sentencing
J. Benton finds a lower court improperly entered a default judgment on a defendant who was caught with $34,918 in his car, which was located by police officers during a traffic stop. The government argued that the defendant refused to answer special interrogatory questions concerning the defendant's claims that he and his friend pooled the money together in order to gamble in Las Vegas. However, the defendant presented sufficient evidence in court that he provided a "firmly established" answer as to where the money came from, and that it belonged to him. Reversed.
Court: 8th Circuit, Judge: Benton, Filed On: June 13, 2023, Case #: 22-3007, Categories: Evidence, Sanctions
J. Doyle finds that the trial court properly denied the forfeiture petition and correctly found that forfeiture of the individual's vehicle was excessive. There was evidence to support the valuations for the vehicle and the trial court did not commit any error in finding that the individual's guilty plea to possession of methamphetamine and three-year probation sentence did not warrant forfeiture. The vehicle was not necessary for the individual to possess meth. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 13, 2023, Case #: A23A0268, Categories: Forfeiture
J. Estudillo denies the family's motion to exclude two paragraphs from the prison healthcare service's expert's report as part of the family's lawsuit alleging that the prison healthcare service did not maintain adequate suicide prevention practices, leading to the death of the inmate. The expert's opinions in the paragraphs at question are based on the review of enumerated records and the information he had about the hiring process, so they are sufficiently based in facts and data.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: June 13, 2023, Case #: 3:21cv5800, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Experts
J. Gonzalez dismisses with prejudice a former L’Oreal vice president’s employment discrimination lawsuit brought against the beauty company claiming age discrimination, fraudulent inducement, negligent misrepresentation and breach of contract. He fails to allege that the company acted with discriminatory animus when it offered him a contractor arrangement in exchange for early retirement, to which he willingly agreed.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: June 13, 2023, Case #: 1:22cv427, NOS: Other Contract - Contract, Categories: Fraud, Employment Discrimination, Contract