104 results for 'filedAt:"2023-07-17"'.
J. Dick grants summary judgment to the St. Martin Parish Sheriff’s Office on civil rights claims brought by environmental activists in canoes and kayaks who were arrested and jailed, after admittedly blocking a moving construction barge, during protests in 2018 over the building of a pipeline across Louisiana wetlands. The officers had probable cause to arrest the activists for obstructing the path of the barge in a navigable waterway. Video evidence of the bayou protests does not depict any body language suggesting the demonstrators are intimidated by the barge or police airboats, as they repeatedly placed themselves right back in front of the barge. No reasonable jury could conclude that video of the demonstration depicts the protestors using the waterway recreationally.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: July 17, 2023, Case #: 3:19cv516, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Environment
J. Shackelford denies the Navy’s motion for reconsideration of this appeal to recover costs for the installation of I-beams in this contract to replace heating systems at Naval Support Activity Mechanicsburg in Pennsylvania. Specifications cited by the Navy do not invalidate the contractor’s interpretation of the contract, which could have been fulfilled according to standards using more than one approach. The Navy was fully aware of the contractor’s intended approach, rejecting the design because it would have reduced overhead clearance without violating standards, forcing the contractor to install new beams. The cited specifications do not provide a valid basis for the board to modify its decision. Ambiguities were latent and correctly interpreted against the Navy, and the board’s decision did not declare a new rule of interpretation.
Court: Armed Services Board Of Contract Appeals, Judge: Shackelford , Filed On: July 17, 2023, Case #: 63228, Categories: Government, Military, Contract
J. Matsumoto preserves claims for breach of contract on the basis of piercing the corporate veil and tortious interference brought by the owner of a car wash and lube shop property against its tenant, finding the landlord provided sufficient details to allege the tenant’s owner exercised control over the company and devised a scheme to take advantage of New York’s moratorium on evictions during the Covid-19 pandemic as a way to withhold rent, property taxes and other obligations under its lease agreement.
Court: USDC Eastern District of New York, Judge: Matsumoto, Filed On: July 17, 2023, Case #: 1:22cv5155, NOS: Other Contract - Contract, Categories: Property, Contract
J. Ferguson finds a lower court did not err in the final disposition of a divorce case except on the issue of an award for conditional appellate attorney fees. While the court overall ruled correctly in this case, including in imposing sanctions on the ex-wife because she did not comply with discovery orders, the ex-husband’s attorney did not provide adequate evidence for the fees. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Ferguson, Filed On: July 17, 2023, Case #: 08-22-00066-CV, Categories: Family Law, Attorney Fees
J. Mesiwala holds that the trial court erred in allowing the state to privately retain an expert to testify in a trial that ended with defendant's designation as a sexually violent predator. The Sexually Violent Predator Act does not allow the state to retain an expert so defendant is entitled to a new trial. Reversed.
Court: California Courts Of Appeal, Judge: Mesiwala, Filed On: July 17, 2023, Case #: C095622, Categories: Sex Offender, Experts
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J. Cogan dismisses a neurosurgery practice’s action alleging the various federal agencies have failed to properly implement the No Surprises Act healthcare legislation in relation to reimbursement claims for out-of-network healthcare services. It sought an injunction compelling the agencies to implement various changes to the Act’s independent dispute resolution process, which it claims has resulted in a large backlog of unresolved claims and has ultimately prevented it from receiving reimbursement for its services. The court finds it lacks the authority and the inclination to rewrite a statute enacted by Congress.
Court: USDC Eastern District of New York, Judge: Cogan, Filed On: July 17, 2023, Case #: 1:23cv2977, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Health Care, Contract
J. Frensley recommends that the dismissal motion be granted in this pro se lawsuit concerning a 2015 Nissan Altima, which was allegedly damaged by saltwater and caused the owner to have an accident. The owner's claim for restitution is moot, as he was issued a check by his insurance company "to cover the totaled vehicle."
Court: USDC Middle District of Tennessee , Judge: Frensley, Filed On: July 17, 2023, Case #: 3:21cv955, NOS: Commerce - Other Suits, Categories: Insurance, Vehicle, Warranty
J. Attrep finds a lower court ruled correctly in convicting defendant of escape from a community custody release program. Defendant argued the court erred by not providing jury instructions regarding his alleged “willfulness” to escape or the fact that he supposedly fled under duress after allegedly being attacked, but “willfulness is not an element of the charged offense” and even if defendant did initially flee in duress, “any alleged duress subsided during the period of time defendant was at large,” which lasted for more than 30 days. Affirmed.
Court: New Mexico Court of Appeals, Judge: Attrep, Filed On: July 17, 2023, Case #: A-1-CA-39110, Categories: Probation, Escape, Jury Instructions
J. Wray finds a lower court ruled correctly in convicting defendant of driving under the influence. While defendant was right that breath test results were improperly admitted in evidence, the error was harmless as prosecutors had other strong evidence against defendant, including his “inability to safely operate a vehicle” at the time of his arrest. Affirmed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: July 17, 2023, Case #: A-1-CA-39633, Categories: Evidence, Dui, Due Process
J. Graves finds the district court properly dismissed the estate representative’s complaint alleging civil rights violations made by an EMS crew which resulted in the representative’s mother’s death. The estate’s claim is brought on the basis of the Fourteenth Amendment, which forbids state deprivation of life, liberty and property, but cannot impose an obligation on the state to protect those interests which may come to harm by other means. The estate fails to state a claim that their mother had a “special relationship” with the state giving rise to a constitutional duty to provide for her safety. Affirmed.
Court: 5th Circuit, Judge: Graves, Filed On: July 17, 2023, Case #: 22-20423, Categories: Constitution, Wrongful Death, Medical Malpractice