171 results for 'filedAt:"2023-07-31"'.
[Modified.] J. Markman modifies several sentences in a previously published opinion with no change in judgment. The trial court properly convicted defendant for the possession of a loaded firearm. The “good cause” requirement of California’s concealed carry licensing framework is severable, so the prohibition on carrying a loaded gun in public is still constitutional. Affirmed.
Court: California Courts Of Appeal, Judge: Markman, Filed On: July 31, 2023, Case #: A164432, Categories: Constitution, Firearms, Murder
J. Neeley finds the trial court properly terminated the father’s parental rights to his minor daughter. Relevant evidence shows that the father voluntarily left his daughter alone or in the possession of another without providing adequate support and remained away for at least six months, knowingly placed her in conditions and engaged in conduct which endangered her well-being. All fully considered relevant factors regarding the father’s untreated mental illness, including medication that made him violent, supports termination. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: July 31, 2023, Case #: 12-23-00096-CV, Categories: Family Law, Health Care, Guardianship
J. Atkins finds that the trial court properly dismissed a former wife's negligence claim against her husband's mother and another family for the husband's violation of a warrant to return their child to the wife's custody. In this case, the mother and the family did not owe a duty to the wife not to negligently precipitate the crime of a third party. Further, the wife did not allege that the husband's mother or the family caused the husband to violate the warrant or engaged in a pattern of conduct to deprive the wife of permanent custody of the child. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: July 31, 2023, Case #: 2022-CA-0820, Categories: Family Law, Negligence
J. Kautz finds that the lower court properly convicted defendant of nearly a dozen sex crimes against two minors. Defendant raises several issues on appeal, such as his trial counsel was ineffective and there was not enough evidence to support his convictions. While his counsel was unable to present certain text messages for the trial that defendant claims would have helped his defense, there is no evidence that actually prejudiced him. Evidence that was on record, however, was enough to justify the convictions. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: July 31, 2023, Case #: S-22-0156, Categories: Sex Offender
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J. DeGiusti finds that the general contractor breached its contract with the equipment supplier in this dispute involving the construction of a wastewater treatment plant. The general contractor seeks to recover for losses "allegedly incurred while revising the tank walls," while the supplier asserts a counterclaim based on an alleged failure to pay. The supplier's equipment properly complied "with the design specifications set forth in Addendum No. 2," and the evidence shows that the general contractor did not pay the invoice.
Court: USDC Eastern District of Oklahoma, Judge: DeGiusti, Filed On: July 31, 2023, Case #: 6:21cv19, NOS: Other Contract - Contract, Categories: Negligence, Contract
J. Cole finds the logistics company's failure to prove the former employee took any confidential information with him when he left to found a competing company and the lack of any specialized training skills it provided to the employee prevent it from prevailing on a portion of its trade secrets and contract claims. However, the relationships the employee formed with several clients allow the logistics company to enforce the non-solicitation provision of the parties' agreement; therefore, the employee is barred from any contact with those customers for a period of 313 days.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: July 31, 2023, Case #: 1:21cv164, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
J. Budd denies the Massachusetts’ appeal to reverse a justice’s decision to allow the defendant limited access to the apartment of the alleged victim to prepare for trial. The Commonwealth fails to demonstrate that the defendant being allowed to reenter the apartment with a police escort for an hour for discovery purposes is an exceptional circumstance warranting the Supreme Court’s power of superintendence. Affirmed.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: July 31, 2023, Case #: SJC-13309, Categories: Assault, Battery, Discovery
J. Baldwin finds that the domestic relations court properly allowed the wife's claim regarding disbursement of profits from the husband's business to be settled via arbitration. All disputes regarding the company were required to be settled by an arbitrator, while the parties' separation agreement was not referenced nor necessary to decide the conflict. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: July 31, 2023, Case #: 2023-Ohio-2661, Categories: Arbitration, Civil Procedure, Family Law
J. Thompson denies the former employer's motion to amend its complaint and add the former employee's current employer as a defendant, ruling none of the conduct alleged in the complaint regarding the current employer's plan to convince the employee to violate his noncompete agreement occurred in Connecticut and, therefore, this court lacks jurisdiction over the company.
Court: USDC Connecticut, Judge: Thompson, Filed On: July 31, 2023, Case #: 3:22cv1494, NOS: Other Contract - Contract, Categories: Civil Procedure, Jurisdiction, Contract
J. Jones grants the district court’s motion to dismiss this suit brought by the wife seeking to improperly enjoin state court divorce proceedings that have been ongoing for four years. The suit was brought against the presiding state court judge seeking federal intervention and declaratory and injunctive relief under the Americans with Disabilities Act, and requests that the divorce be removed to federal court since the state court could not accommodate the wife by executing proceedings entirely on Zoom as requested by her non-attorney advocate. The complaint is frivolous, brought in bad faith and fails to state a claim. This court lacks also jurisdiction over claims under the argued abstention doctrines.
Court: USDC Nevada, Judge: Jones, Filed On: July 31, 2023, Case #: 3:23cv324, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Family Law, Judiciary
Master Molina finds that a cost of living increase on a lease for a grocery store may have been calculated incorrectly, and so the litigation will proceed to discovery, but claims related to the calculation of the 2015 rent extension are time-barred.
Court: Delaware Chancery Court, Judge: Molina, Filed On: July 31, 2023, Case #: 2022-0623-SEM, Categories: Contract
J. Nalbandian finds the trial court properly calculated the starting guidelines range for defendant's sentence on drug trafficking convictions. Although he provided assistance to the government regarding other members of the trafficking operation, he was also untruthful with investigators at several points following his arrest. Therefore, the downward departure of two levels was reasonable and gave the court a proper starting point for the sentence. Affirmed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: July 31, 2023, Case #: 22-1909, Categories: Drug Offender, Sentencing
J. Nye denies in part a title insurance company's motion for summary judgment and grants in part insureds' cross-motion for summary judgment in an insurance policy dispute. The insurance company argues that it has fulfilled all demands when it issued payment to the insureds to reimburse them for legal fees accrued in an underlying matter. The insureds contend the damages paid were insufficient. A material dispute exists regarding
the amount of legal fees owed
Court: USDC Idaho, Judge: Nye, Filed On: July 31, 2023, Case #: 4:19cv112, NOS: Insurance - Contract, Categories: Insurance, Real Estate
J. Winmill grants medical providers' motion for preliminary injunction, as it pertains to the attorney general, in seeking an injunction to enjoin the state from enforcing Idaho’s criminal abortion laws as interpreted in the Crane Letter, which seeks to criminalize providers who "refer a woman who crosses state lines to an abortion provider," and denies the state's motion to dismiss the medical providers' claims. The attorney general is not entitled to Eleventh Amendment immunity. The Crane Letter and its interpretation of Idaho’s criminal abortion statute is sufficient to establish standing. The medical providers have established that there is a genuine threat of prosecution. Attorney General Labrador is enjoined from enforcing Idaho’s criminal abortion statute as interpreted in the Crane Letter.
Court: USDC Idaho, Judge: Winmill, Filed On: July 31, 2023, Case #: 1:23cv142, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Nye denies an employee's motion for summary judgment and grants an employer's motion for summary judgment in an employment dispute. The employee alleges that pizza delivery drivers were underpaid or not adequately reimbursed for vehicle-related expenses. The regulation is ambiguous, therefore the court yields to agency guidance, which allows the employer various options for calculating reimbursement.
Court: USDC Idaho, Judge: Nye, Filed On: July 31, 2023, Case #: 1:17cv283, NOS: Fair Labor Standards Act - Labor, Categories: Employment
J. Osteen grants, in part, a blind individual's motion for summary judgment on her Americans with Disabilities Action against a plasma donor bank. The individual is entitled to a declaratory judgment that the facility violated the ADA when it refused to allow her to access the donor floor with her service dog, and she is entitled to an injunction allowing her to be assisted by her animal when she donates plasma.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: July 31, 2023, Case #: 1:21cv953, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Injunction
J. Vos finds a lower court improperly dismissed a national park authority's public rights violations against a landowner. The landowner argued that he was entitled to a "right of access to the commons on foot or on horseback" in order to enjoy open air recreational activities. However, the national park authority presented sufficient evidence in court that "foot and horseback" does not fall within recreational category rules. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: July 31, 2023, Case #: CA-2023-229, Categories: Government, Property