177 results for 'filedAt:"2023-07-27"'.
J. Johnson finds the trial court properly granted Beaumont's plea to the jurisdiction, dismissing the firefighter's claims alleging wrongful termination. The firefighter was originally suspended for violations of sick leave policy, then terminated upon his appeal, with the Civil Service Commission finding that Collective Bargaining and Abeyance Agreements between him and the former fire chief were valid, and that the violations warranted dismissal. The firefighter filed suit against the city, and the district court properly found that he failed to timely file his appeal of the commission’s decision and that the court did not have jurisdiction to hear it. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: July 27, 2023, Case #: 09-22-00042-CV, Categories: Employment, Municipal Law, Contract
J. Fischer finds the district court properly denied the daughters' application to be determined pretermitted heirs and awarded one-third of the estate of their deceased mother. The daughters were not pretermitted heirs because the will provided for them, deviding a portion of the estate. The mother's holographic will was valid and unambiguous, and there is no evidence proving she intended to disinherit her daughters. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Fischer , Filed On: July 27, 2023, Case #: 120182, Categories: Property, Wills / Probate
J. Triana finds that the district court improperly ruled in part in a housing dispute between the owner of a rental property and a tenant who refused to leave once his lease expired. The tenant was not afforded additional time to conduct discovery on his claims that were dismissed by the district court. However, the district court acted reasonably to permanently enjoin the tenant from entering the property. Reversed in part.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: July 27, 2023, Case #: 03-22-00002-CV, Categories: Landlord Tenant, Housing
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J. Fisher finds that the lower court improperly dismissed medical malpractice and later wrongful death claims against two hospitals and personnel who treated decedent but failed to diagnose stroke, complications from which later led to his death. Questions of fact remained on whether there was sufficient evidence of stroke or vertebral artery dissection to necessitate referral to a specialist and caution against cervical spinal manipulation, which occurred when decedent then sought relief with a chiropractor. Reversed in part.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: July 27, 2023, Case #: 535178, Categories: Medical Malpractice
J. Ahlers finds that the lower court properly declined to set aside default judgment stemming from an altercation that led to plaintiff's conviction for assault and battery because plaintiff was bound to defend himself despite any difficulty he may have been going through in life at the time. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: July 27, 2023, Case #: 22-0124, Categories: Criminal Procedure, Assault, Battery
J. Jackson-Akiwumi denies a request by a Mexican national to halt his removal to Mexico because he fears a gang based in Mexico City will make good on threats to kill him. The immigrant failed to meaningfully challenge the two dispositive issues in his case before the Board of Immigration Appeals or the federal appellate court — the findings of no past persecution by governmental officials under international torture protocols and his ability to relocate beyond the gang upon returning to Mexico.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: July 27, 2023, Case #: 21-2088, Categories: Evidence, Government, Immigration
Per curiam, the appellate division finds that attorney James Grimes may be reinstated following his September 2022 suspension for failing to meet registration requirements because Grimes complied with the suspension order and demonstrated the requisite character and fitness to practice.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 27, 2023, Case #: PM-156-23, Categories: Attorney Discipline
[Consolidated] J. Yegan dismisses the appeals from the trial court’s postjudgment order denying defendants' petitions to strike prior prison term enhancements imposed pursuant to former penal code. The orders are nonappealable because the trial court lacked jurisdiction to adjudicate the petitions. "The term for an in-prison offense does not become part of the aggregate prison term imposed for those offenses which were committed 'on the outside.'”
Court: California Courts Of Appeal, Judge: Yegan , Filed On: July 27, 2023, Case #: B322608, Categories: Jurisdiction, Prisoners' Rights
Per curiam, the court of appeals suspends Marylin Jenkins for 30 days based upon the hearing committee's recommended petition for negotiated attorney discipline. Jenkins admits she concealed her admission to the district's Bar and her prior discipline.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: July 27, 2023, Case #: 23-BG-0545 , Categories: Attorney Discipline
J. Gallagher finds the lower court erroneously denied the transit authority's motion to dismiss the employee's emotional distress claim. None of the exceptions to political subdivision immunity apply to the claim and, therefore, the authority was entitled to immunity. However, because there is a question of fact as to whether statements made by the supervisor and his ultimate refusal to allow the employee to return to work with accommodations were made maliciously, the lower court properly denied immunity to the transit authority on discrimination claims. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: July 27, 2023, Case #: 2023-Ohio-2584, Categories: Ada / Rehabilitation Act, Employment, Immunity
J. Musseman finds that the trial court properly convicted defendant for multiple counts of child sexual abuse. The record shows that each child was under the domination of defendant when he committed the acts. The state chose to charge him with only one count of abuse for each child, and the jury was properly instructed, without objection, according to the uniform jury instruction based upon the child sexual abuse statute. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Musseman, Filed On: July 27, 2023, Case #: F-22021-431, Categories: Sex Offender, Child Victims, Jury Instructions
J. Bell finds the trial court properly granted summary judgment to the process server in this trespass action brought by the attorney. The process server entered the attorney's gated community through an open, unguarded gate, parked in front of the attorney's house and served him a subpoena when the attorney opened his door. Though the attorney says that everything within the gates constitutes his curtilage, he has no standing to maintain a trespass action as to neighborhood common areas, and none existed on his property upon which the process server could have trespassed, as members of the public have an implied consent to approach an unobstructed residence and knock on the front door. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Bell , Filed On: July 27, 2023, Case #: 121068, Categories: Municipal Law, Property
J. Johnson finds the trial court properly found in favor of the purchasers of a townhouse who found extensive repairs were needed after they moved in. Evidence was admitted that would allow a reasonable factfinder to conclude the home suffered a reduction in market value as a result of the sellers' conduct. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: July 27, 2023, Case #: 09-21-00222-CV, Categories: Fraud, Property, Trade
J. Griggsby grants McDonald's its motion for summary judgment following allegations of hostile work environment and retaliation brought by a former cashier. The cashier, a man, claims his female supervisor directly asked him, "Why is this faggot ass bitch even talking to me?" The cashier confronted her and shortly after, she took him off the work schedule, then he was transferred but never showed up to work at the new location. Although the cashier has exhausted his administrative remedies, he has not sufficiently argued that the harassment was severe or pervasive. Also, he had not initiated protected activity before being taken off the schedule.
Court: USDC Maryland, Judge: Griggsby, Filed On: July 27, 2023, Case #: 8:21cv592, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Hillman dismisses federal claims contending the county denied a prison guard's request to leave work early when he was not feeling well and failed to prevent him from contracting Covid-19. The estate failed to sufficiently allege that the county officials' refusal to allow the guard to leave constituted the primary cause of his eventual death, but the estate may amend the claims in light of well-documented problems at the county jail.
Court: USDC New Jersey, Judge: Hillman , Filed On: July 27, 2023, Case #: 1:22cv6372, NOS: Other Civil Rights - Civil Rights, Categories: Employment, Wrongful Death, Covid-19
J. Mercier finds that the trial court properly upheld the decision by the state board of workers' compensation reinstating the police officer's workers' compensation benefits after the city suspended them and awarding attorney fees to the officer. The city incorrectly suspended the officer's benefits based on a referred physician's determination that he could be released to full work duty without restrictions following an injury. Affirmed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: July 27, 2023, Case #: A23A1185, Categories: Attorney Fees, Workers' Compensation
J. DeWine finds the power siting board properly determined the wind turbine company met requirements for placement of a wind farm on a karst plain because the company's development proposal included mitigation plans to reduce environmental impact and ensure the local water supply remained undisturbed. The company also conducted geological and noise surveys to measure the impact of the wind farm on local residents and wildlife, including bald eagles nesting within a 2-mile radius of the site. Affirmed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: July 27, 2023, Case #: 2023-Ohio-2555, Categories: Energy, Environment, Experts
J. Fisher finds that the lower court properly convicted defendant of murder and assault for pouring gasoline on his sleeping stepfather and setting it alight. Defendant had a well-documented history of mental health crises, but expert testimony established his actions demonstrated intent to cause harm and that defendant realized he had done something wrong, as he fled and hid out for two days before seeking mental health treatment at a hospital. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: July 27, 2023, Case #: 110611, Categories: Intent, Murder, Experts
J. McShan finds that the lower court properly convicted defendant, the former head of a municipal group working to protect Lake George, of grand larceny, scheme to defraud, and offering a false instrument for filing. Trial evidence established that defendant schemed over several years to submit invoices for projects from grants awarded to member municipalities but retained the money by blaming bureaucratic delays. Defendant was properly ordered to pay restitution to various groups and government entities. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: July 27, 2023, Case #: 112140, Categories: Theft, Restitution
J. Kehoe opposes the lower court's ruling that a mortgage firm should not be awarded any portion of a home insurance policy after the mortgagee's house burned down and took his life and that of an adult child. The mortgage had not been satisfied at the time of the fire, and the firm purchased it at auction after foreclosing on it for much less than the outstanding balance. The mortgagee's family argue that because of this, the firm is owed nothing from the home insurance policy. State law, however, protects the firm's interests when fire damages the collateral. Reversed and remanded.
Court: The Appellate Court of Maryland, Judge: Kehoe, Filed On: July 27, 2023, Case #: C-07-CV-19-000482, Categories: Insurance, Property, Banking / Lending
J. Partida-Kipness finds that the lower court properly terminated the mother's parental rights to her child following a jury trial. Contrary to the mother's argument on appeal, the evidence sufficiently supports the jury's findings. The mother was ordered to take a urine drug test at the courthouse due to her "erratic actions" during a hearing, and she tested positive for certain drugs, including methamphetamine. She had previously refused to take a hair follicle test. Also, she failed to complete her court-ordered services. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: July 27, 2023, Case #: 05-23-00031-CV, Categories: Evidence, Family Law
Per curiam, the Supreme Court of Ohio finds the lower court properly denied the wife's petition for a writ of prohibition to prevent the common pleas court from adjudicating claims brought by another owner of a multi-story building. The owner's claims regarding violations of an easement are entirely separate from the wife's divorce proceedings with her husband and the division of marital assets, which include part of the building. Therefore, the common pleas court has jurisdiction over the building owner's suit against the wife. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 27, 2023, Case #: 2023-Ohio-2556, Categories: Family Law, Real Estate, Jurisdiction
J. Hoffstadt finds that the juvenile court properly removed the half-sibling from the mother's custody, terminating reunification services. The juvenile court properly examined the mother’s minimal effort to address her drug addiction during the entire 20 years since a half sibling was removed. All evidence weighs in favor of terminating reunification. Affirmed.
Court: California Courts Of Appeal, Judge: Hoffstadt , Filed On: July 27, 2023, Case #: B321967, Categories: Family Law
J. Strickland stays a putative labor class action alleging underpayment of wages until arbitration between the company and third-party independent contractors can conclude. While this court is “sympathetic” to the power asymmetry between the workers and the company, which contracted them through a third-party employment agency, the parties had a valid arbitration agreement and the company has “consistently indicated its intent to arbitrate.”
Court: USDC New Mexico, Judge: Strickland, Filed On: July 27, 2023, Case #: 2:20cv1166, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Class Action, Labor