209 results for 'filedAt:"2023-07-13"'.
J. Males finds a lower court properly dismissed an oil company's motion for summary judgment concerning contract claims against a gas company. The oil company argued that it was entitled to set aside an arbitration award. However, the court lacks jurisdiction over the company's claims. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Males, Filed On: July 13, 2023, Case #: CA-2022-2432, Categories: Arbitration, Contract
J. Shepherd finds a lower court properly dismissed a class of sex offenders' claims that the Minnesota Civil Commitment and Treatment Act is unconstitutional. The class of sex offenders argued that the lower court failed to apply the "shocks the conscience" rule for conditions of confinement. However, the class failed to present sufficient evidence in court that they suffered a constitutional violation by living in double occupancy rooms. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: July 13, 2023, Case #: 22-1459, Categories: Civil Rights, Housing, Class Action
J. Maggs finds the instant court does not have jurisdictional authority to review a petition filed by a victim of an offense, which can only be amended by Congress. Since the petitioner is the victim of an offense, the matter cannot be considered.
Court: Court of Appeals for the Armed Forces, Judge: Maggs, Filed On: July 13, 2023, Case #: 23-0104, Categories: Jurisdiction
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J. Groves finds that the mother's parental rights were properly terminated. The mother continuously and repeatedly failed to substantially remedy the conditions that caused the child to be placed in temporary custody for two years. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: July 13, 2023, Case #: 112423, Categories: Family Law
J. Gallagher finds that the trial court properly convicted defendant of two separate theft offenses. Defendant was arrested with the handgun he used to paralyze one victim and murder the other. Whether defendant had additional or separate motives to rob the murder victim as he claims is irrelevant because the evidence establishes that defendant planned to steal a large amount of cash he knew the murder victim possessed, so this does not impact the aggravated murder conviction. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: July 13, 2023, Case #: 112051, Categories: Firearms, Murder, Theft
J. Chicchelly finds that defendant was properly found liable for shooting his mother to death in a civil wrongful death action because he failed to present evidence of extrinsic fraud in order to reconsider his adverse ruling. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: July 13, 2023, Case #: 22-0355, Categories: Fraud, Wrongful Death
Per curiam, the appellate division finds that attorney Flavia Teixeira Fortes may be reinstated following her September 2022 suspension for failing to meet registration requirements because she complied with the order of suspension and possesses the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 13, 2023, Case #: PM-149-23, Categories: Attorney Discipline
J. Johnson finds that defendant had effective assistance of counsel during a hearing for an emergency order to authorize the involuntary administration of psychiatric drugs. A person subject to a competency hearing is entitled the counsel and may file a direct appeal to claim ineffective assistance. During the two days counsel had to prepare for the hearing he had access to all medical records, witnesses and defendant's treating physician, and defendant did not provide any reason why he should not receive the drugs. Affirmed.
Court: Colorado Court Of Appeals, Judge: Johnson, Filed On: July 13, 2023, Case #: 22CA2278, Categories: Competence, Ineffective Assistance
J. Scott finds that a mother's parental rights were properly terminated since she had substantial mental health issues and was unable to provide care for her child. Affirmed.
Court: Iowa Court Of Appeals, Judge: Scott, Filed On: July 13, 2023, Case #: 23-0783, Categories: Family Law
J. Keough finds that the trial court properly convicted defendant of murder. An eyewitness testified that defendant was the responsible party, and the autopsy revealed that the bullet that killed the victim came from defendant's gun. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: July 13, 2023, Case #: 112129, Categories: Evidence, Firearms, Murder
Per curiam, the appellate division finds that attorney Justin Charles Russell may be reinstated to the practice of law following his May 2019 suspension for failing to meet registration requirements because he demonstrated compliance with the order of suspension and that he possesses the requisite character.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 13, 2023, Case #: PM-142-23, Categories: Attorney Discipline
J. Forbes finds that defendant was properly convicted for violating two South Euclid Codified Ordinances when he caused a motor vehicle accident. Defendant's testimony that he did not realize that he hit the other vehicle is inconsistent with other evidence, including his own testimony that he would not have heard someone attempt to get his attention only to later testify that he would have. Affirmed.
Court: Ohio Court Of Appeals, Judge: Forbes, Filed On: July 13, 2023, Case #: 111962, Categories: Evidence, Vehicle
J. Silva finds on restricted appeal that the lower court improperly divided the marital property in this divorce proceeding. The evidence did not sufficiently establish the division of the marital estate, as the only evidence was the wife's "conclusory testimony that the proposed divorce decree constituted a just and right division." Reversed in part.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: July 13, 2023, Case #: 13-22-00323-CV, Categories: Evidence, Family Law
J. Lum finds that the trial court properly dismissed a personal injury complaint as untimely since law does not extend the three-year statute of limitations to the next day the court is open if the limitations period expires on a Saturday, Sunday or holiday. But it was error to award defendant attorney fees since the trial court construed his motion to dismiss under the incorrect rule of civil procedure. Vacated in part.
Court: Colorado Court Of Appeals, Judge: Lum, Filed On: July 13, 2023, Case #: 22CA0463, Categories: Civil Procedure, Negligence, Attorney Fees
J. Buller finds that a father was properly granted physical custody of his children in a custody dispute after the mother took the children and fled the state without warning. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: July 13, 2023, Case #: 22-2108, Categories: Family Law
J. Gamble finds that defendant was properly sentenced based on his guilty plea to OWI, third offense, and driving while barred because the plea explicitly laid out that the state would recommend a term of incarceration not to exceed five years. Affirmed.
Court: Iowa Court Of Appeals, Judge: Gamble, Filed On: July 13, 2023, Case #: 22-1407, Categories: Sentencing, Dui, Plea
J. Groban finds that the trial court properly held that the preemption provision of Medicare Part C expressly preempted negligence, wrongful death and elder abuse allegations against an HMO and a health care services administrator. The standards in Part C supersede any state law duties, including those that duplicate federal duties. The Part C preemption provision applies to common law claims, as well as claims based on state laws that are not directed at Medicare Advantage plans. Affirmed.
Court: California Supreme Court, Judge: Groban, Filed On: July 13, 2023, Case #: S271501, Categories: Preemption, Negligence, Medicare
J. Hartz finds that the lower court properly issued an award of attorney fees and other sanctions in a debt collection dispute. An attorney involved in the dispute raises several issues on appeal regarding the award, such as that the lower court improperly applied the law as it relates to fees due to sanctioned attorney’s multiplication of proceedings. None of these claims have merit, though the matter is remanded for the reduction of a single fee included in the award. Affirmed.
Court: 10th Circuit, Judge: Hartz, Filed On: July 13, 2023, Case #: 22-1266 , Categories: Debt Collection, Attorney Fees
J. Wallach upholds the trial court's ruling in a divorce case awarding ownership of the couple's fertilized, frozen embryos to the husband. The embryos are considered property, rather than unborn children, and the parties' agreement with the fertility clinic is considered a binding contract. Affirmed.
Court: Texas Courts of Appeals, Judge: Wallach, Filed On: July 13, 2023, Case #: 02-22-00343-CV , Categories: Family Law, Contract
J. Hixson declines to find in favor of San Francisco on a former emergency services employee’s gender harassment claims. The employee alleges, among other things, that her supervisor constantly called her and other female workers “minions” and that co-workers called her lazy and ditzy during her pregnancy. There is sufficient evidence from these allegations to infer gender bias. The employee can also pursue her FMLA interference claim alleging that the city retaliated against her decision to take FMLA leave by transferring her to a station with less desirable hours.
Court: USDC Northern District of California, Judge: Hixson, Filed On: July 13, 2023, Case #: 3:21cv2819, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Ceresia finds that defendant was improperly convicted of growing cannabis without a license when police discovered marijuana plants upon performing a "protective sweep" following a standoff. Such warrantless searches are permitted only if a threat continues to exist, but defendant was alone and had been put under arrest when police entered his home. However, defendant was properly convicted of menacing police, resisting arrest, and obstructing governmental administration concerning the standoff that ensued as police attempted to execute an arrest warrant for unpaid child support. Reversed in part.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: July 13, 2023, Case #: 111976, Categories: Search, Obstruction, Resisting Arrest
J. Saylor grants a company’s motion for arbitration and denies its motion for judgment on the pleadings of its employees as lacking statutory standing. The company’s employees sign an arbitration agreement as part of their employment and it is unclear at this time how the complaint’s Private Attorneys General Act of 2004 component will be resolved, so at this time arbitration may first occur.
Court: USDC Massachusetts, Judge: Saylor, Filed On: July 13, 2023, Case #: 1:22cv11033, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Employment, Labor
J. Traynor finds that defendant was properly convicted of possession of a firearm and ammunition by a prohibited person since he received adequate representation during trial, as witnesses counsel neglected to call at the suppression hearing would not have altered the outcome. Affirmed.
Court: Delaware Supreme Court, Judge: Traynor, Filed On: July 13, 2023, Case #: 6, 2022, Categories: Ineffective Assistance, Witnesses
J. Bailey finds that the lower court properly appointed the paternal step-grandmother as the managing conservator of two children. The mother argues it was not in their best interest, specifically contending that the department should have been named the managing conservator. However, the grandmother, who lives in Illinois, testified that she would facilitate the children's relationship with their siblings. Additionally, the children were enrolled in school and participating in extracurriculars. Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: July 13, 2023, Case #: 11-23-00025-CV, Categories: Evidence, Family Law