161 results for 'filedAt:"2023-08-10"'.
Per curiam, the appeals court finds that the trial court properly adjudicated the juvenile delinquent for reckless operation of a vehicle, unlawful operation of an off-road vehicle, aggravated obstruction of a highway, aggravated flight from an officer where human life is endangered and resisting an officer. Sufficient evidence was presented to support the adjudication and the trial court did not commit any error by admitting into evidence a deputy's testimony regarding a video of the incident. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: August 10, 2023, Case #: 2023-CA-0383, Categories: Juvenile Law
J. Mortensen holds that the trial court properly found that a wife did not have an interest in her husband's trust and that her argument that she was entitled to trust assets as a creditor was not supported by Arizona law, which controlled trust interpretation. However, the trial court must revisit her personal grooming, lawn aeration and bark replacement expenses since it denied them without adequate findings. Reversed in part.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: August 10, 2023, Case #: 20210080-CA, Categories: Family Law, Trusts
J. Lasnik finds in favor of the registered voters for their claim that Secretary of the State of Washington Steven Hobbs and a bipartisan commission split the Latino population in Yakima Valley into multiple district to dilute Latino voters' ability to elect the candidates of their choice. "The question in this case is whether the state has engaged in line-drawing which, in combination with the social and historical conditions in the Yakima Valley region, impairs the ability of Latino voters in that area to elect their candidate of choice on an equal basis with other voters. The answer is yes." The state must redraw its legislative district boundaries for this region.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: August 10, 2023, Case #: 3:22cv5035, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections
J. Jackson-Akiwumi finds that the lower court properly sentenced defendant to 15 years in prison for illegally possessing a firearm. Defendant had three prior convictions for Indiana burglaries, which qualify as predicate offenses under the Armed Career Criminal Act. Affirmed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: August 10, 2023, Case #: 22-1926, Categories: Firearms, Sentencing
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J. Yarbrough finds that the lower court properly entered a corrected final protective order that granted relief to the wife and also included the child as a protected person. The husband challenges the sufficiency of the evidence supporting the child's inclusion in the order, since there is "no evidence of family violence" against the child. However, the wife testified that the child was witness to the alleged violence and also indicated that the violence was getting "progressively worse." Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: August 10, 2023, Case #: 07-23-00028-CV, Categories: Family Law, Restraining Order
J. Lipinsky finds the unemployment benefits panel properly denied the employee's request for benefits after she was placed on unpaid leave for her refusal to sign a Covid-19 vaccination policy exemption form. The refusal was an act of "deliberate disobedience" of her employer's reasonable request and, therefore, barred her from any benefits. Evidence in the record indicated the employer would not have reduced the employee's hours if she signed the form and, in fact, it had several full-time employees who worked without issue after being granted exemptions. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: August 10, 2023, Case #: 2023COA74, Categories: Employment, Covid-19
J. Meyer denies, in part, the hospital's motion for summary judgment, ruling the supervising doctor's comment that "Nigerian culture is typically misogynistic and chauvinistic" during an investigation into sexual assault allegations, when coupled with the fact she was instrumental in the Nigerian doctor's termination, is sufficient to support race and national origin discrimination claims.
Court: USDC Connecticut, Judge: Meyer, Filed On: August 10, 2023, Case #: 3:20cv1133, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination
J. Owens finds that the district court properly issued a refund order to a company for the "unconstitutional statutory fees" it paid as a bankruptcy debtor under the Bankruptcy Judgeship Act of 2017. The 2017 Act applied to the company’s bankruptcy proceeding, even though its case was already pending when the Act took effect. Affirmed.
Court: 9th Circuit, Judge: Owens, Filed On: August 10, 2023, Case #: 21-55643, Categories: Bankruptcy, Constitution
J. Gummer finds the trial court properly dismissed the complaint, which alleged the municipal clerk unfairly required the couple to appear in person to obtain a marriage license despite them being incarcerated in different federal prisons. The statute’s in-person requirement is not shown to be unconstitutional, and the state legislature provided a marriage-by-proxy procedure for certain individuals. Affirmed.
Court: New Jersey Appellate Division, Judge: Gummer, Filed On: August 10, 2023, Case #: A-3155-21, Categories: Civil Rights
J. Balmer finds the Appeals Court properly overturned defendant’s aggravated murder conviction after determining that the trial court erred in failing to suppress statements of an informer for the state. “The state’s conduct…objectively conveyed that [the informant] was authorized to continue questioning defendant, that he should direct his questioning to certain topics, and that he could expect that he could earn a reward in his own cases from the state,” rendering him a state agent with respect to defendant. Affirmed.
Court: Oregon Supreme Court, Judge: Balmer, Filed On: August 10, 2023, Case #: S069454, Categories: Murder, Witnesses
J. Fowlkes adopts the recommendation of the magistrate judge and grants the transportation defendants' three dispositive motions in this lawsuit brought by a former bus driver, who was allegedly terminated following a traffic accident and now asserts claims for age and gender discrimination. The driver's claims are dismissed against the supervisor, because the cited statutes "do not allow for individual liability." Additionally, the driver fails to establish a prima facie case of discrimination.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: August 10, 2023, Case #: 2:22cv2069, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Discrimination
J. Lynch finds that the district court improperly dismissed claims in which Americans injured in rocket attacks in Israel contend a bank provided material support to terrorists because the bank's withdrawal from the case following transfer from Washington, D.C., to New York left questions about whether the personal jurisdiction defense still applied. On remand, this issue should be weighed against whether the transfer resulted in a jurisdictional clean slate.
Court: 2nd Circuit, Judge: Lynch, Filed On: August 10, 2023, Case #: 22-1122-cv, Categories: Tort, Terrorism, Jurisdiction
J. Bredar denies a health care provider its motion to exclude an expert’s testimony in an ERISA suit brought by a class of former employees. The ERISA plan has over 25,000 participants and total assets of almost $1.8 billion, and the class claims the provider has not monitored the plan properly. The expert based his opinion about the alleged financial losses on a reliable method which he correctly applied. The class is also granted leave to file a second amended complaint so it can include relevant information found upon discovery.
Court: USDC Maryland, Judge: Bredar, Filed On: August 10, 2023, Case #: 1:20cv1984, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty, Class Action
Per curiam, the appellate division finds that the lower court properly dismissed defendant's request to review the denial of parole release from his sentence for weapon possession and murder, given the underlying crimes of shooting the mother of his then-two-year-old child and his refusal to take part in substance abuse and anger management programs in prison. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 10, 2023, Case #: CV-22-2381, Categories: Murder, Parole
Per curiam, the appellate division finds that the lower court properly resentenced defendant after an earlier appeal determined there was insufficient evidence of serious physical injury to a victim to support an assault conviction. Defendant argued for de novo resentencing on all counts of conviction, but remand was specifically limited to resentencing on the assault conviction. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 10, 2023, Case #: 113545, Categories: Sentencing, Assault
J. McCook enters a protective order to govern the disclosure of confidential information and other materials produced during discovery. The parties can label any discovery as confidential, if they reasonably determine it to be "sensitive, nonpublic material, which if disclosed would cause a serious, defined harm to the producing party."
Court: USDC Eastern District of Tennessee , Judge: McCook, Filed On: August 10, 2023, Case #: 3:23cv177, NOS: Other Contract - Contract, Categories: Discovery, Contract
[Consolidated.] J. Cradle finds the trial court exceeded its statutory authority when it ordered family services to stop reunification efforts between the father and his child. Although secondhand smoke in his apartment could exacerbate the child's medical condition, that does not qualify as a condition under Connecticut law that would require termination of reunification efforts. Reversed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: August 10, 2023, Case #: AC46293, Categories: Family Law
J. Chuang grants a class of engineers its motion for certification after it alleged an aerospace and electronics defense firm failed to pay overtime wages. The class is awarded conditional certification as an initial part of the litigation because it has evidenced the firm’s pattern of awarding only regular hourly pay for overtime work across numerous staff in different positions.
Court: USDC Maryland, Judge: Chuang, Filed On: August 10, 2023, Case #: 8:22cv1456, NOS: Fair Labor Standards Act - Labor, Categories: Civil Rights, Class Action, Labor
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules. Ample evidence supported the finding that the inmate used a smartphone peer-to-peer payment app to profit from smuggling narcotics into the prison using the inmate mail system. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 10, 2023, Case #: 535946, Categories: Prisoners' Rights
Per curiam, the appellate division finds that the lower court properly sentenced defendant on his guilty plea to weapon possession. Defendant’s challenge to the severity of his time served was not moot because post-release supervision remained, but it was not excessive given his “egregious” conduct of shooting a loaded firearm at someone in a residential area. Furthermore, youthful offender status was not available, since defendant already was so adjudicated previously. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 10, 2023, Case #: 109809, Categories: Juvenile Law, Weapons, Cruel And Unusual Punishment
[Consolidated.] J. Boyle finds the trial court improperly sua sponte appointed a receiver for the family's company because accusations of self-dealing by the son and his mother-in-law were insufficient to require such a drastic decision, especially considering none of the parties had presented evidence of the claims or requested a receivership. Furthermore, the trial court erroneously required the disclosure of certain company documents that would ordinarily be protected by attorney-client privilege, as the son's position as a minority shareholder in the company did not render him in privity with his father and mother-in-law, the majority shareholders. Reversed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: August 10, 2023, Case #: 2023-Ohio-2778, Categories: Discovery, Privilege
J. Tijerina finds that the lower court properly entered an order of civil commitment against the appellant pursuant to the Sexually Violent Predator Act. Contrary to the appellant's argument, the evidence sufficiently supports the jury's finding that "he suffers from a behavioral abnormality that makes him likely to engage in a predatory act of sexual violence." Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: August 10, 2023, Case #: 13-22-00467-CV, Categories: Evidence, Commitment
J. Lauber finds for the commissioner of internal revenue in claims concerning an alleged overpayment because refunds for such are barred by statute.
Court: U.S. Tax Court, Judge: Lauber, Filed On: August 10, 2023, Case #: 2023-103, Categories: Tax
J. Lauber finds for the commissioner of internal revenue in this tax liability dispute for lack of genuine issues concerning the method with which payments had been credited to deficiencies in prior years.
Court: U.S. Tax Court, Judge: Lauber, Filed On: August 10, 2023, Case #: 2023-102, Categories: Tax