260 results for 'filedAt:"2023-08-30"'.
J. Schumacher finds that a mother's parental rights were properly terminated based on her ongoing substance abuse issues and because she allowed a registered sex offender to care for her child. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: August 30, 2023, Case #: 23-0904, Categories: Family Law
J. Gladwin finds the circuit court properly awarded the parents joint custody of their shared child. The evidence established that the father was able to provide a stable home life during the mother’s prior dependency-neglect process, that he did not contribute to the neglect, that the child enjoyed both homes, that the child’s attorney ad litem declared that the child was attached to both parents and his half siblings on both sides, that the attorney ad litem stated that he believed it was in the child’s best interest to have “as much contact with both parents as … possible”, and that he believed both parents are fit. No clear error is found, and the superior position of circuit court is given deference. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: August 30, 2023, Case #: CV-22-712, Categories: Evidence, Family Law, Guardianship
[Consolidated]. J. Kobes finds a lower court properly dismissed constitutional rights claims brought by the Satanic Temple concerning a City's denial of the erection of a public monument. The Satanic Temple argued that the City gave the green light to place two monuments in a Veterans Memorial Park. However, the City presented sufficient evidence in court that its second complaint was barred by res judicata. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 30, 2023, Case #: 21-3079, Categories: Civil Rights, Constitution, Government
J. Kobes finds a lower court properly ruled in favor of a religious group on a hospital's contract claims. The hospital argued that it was entitled to seek additional insurance coverage on behalf of a patient with outstanding medical bills. However, it was not entitled to relief from third party insurers after accepting payment from Medicaid. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: August 30, 2023, Case #: 22-3121, Categories: Health Care, Insurance, Contract
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J. Hsu grants an adult film company's motion to dismiss and grants an actress and model's motion to remand the remaining claim in a wage-and-hour dispute. The actress alleges that she was misclassified as an independent contractor and was not paid for all hours worked. The actress presents "generic allegations that fail to meet the plausibility pleading standard." However, she is granted leave to amend her claims with factual support. Her claim for unpaid wages under California’s Unfair Competition Law is severed and remanded to state court.
Court: USDC Central District of California, Judge: Hsu, Filed On: August 30, 2023, Case #: 2:23cv4901, NOS: Other Labor Litigation - Labor, Categories: Employment
J. Holdridge finds that the trial court properly ruled in favor of a terminal owner that hired the general contractor on a demolition project, where an accident resulted in damage to another company's crane. Based on a previous ruling that the general contractor was not negligent regarding the accident, the negligent hiring claim against the terminal owner necessarily fails. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Holdridge, Filed On: August 30, 2023, Case #: 2022CA0895, Categories: Civil Procedure, Negligence
J. Mazzant denies the individual's motion for summary judgment in his suit against apartment owners accused of wrongfully assisting a federal investigation of him in connection with the events of January 6, 2021, at the U.S. Capitol. The fact that the owners cooperated with federal investigators "is not alone dispositive" of any claims.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: August 30, 2023, Case #: 4:22cv787, NOS: Rent Lease & Ejectment - Real Property, Categories: Civil Procedure, Landlord Tenant, Tort
J. Perez denies the federal government’s motion to dismiss, for lack of jurisdiction, a traveler’s personal injury suit stemming from her slipping and falling while passing through a TSA security checkpoint at the Philadelphia International Airport. The court has jurisdiction over the traveler’s claims.
Court: USDC Eastern District of Pennsylvania, Judge: Perez, Filed On: August 30, 2023, Case #: 2:22cv1610, NOS: Tort Product Liability - Real Property, Categories: Evidence, Tort, Jurisdiction
J. Moore finds the lower court properly denied the police officers' motion for summary judgment on the grounds of qualified immunity because there is no evidence to support their warrantless intrusion into the victim's house after a 911 call reported a domestic disturbance. When the officers arrived at the victim's home, no evidence corroborated the neighbor's claim of a domestic disturbance, and although a timid woman was present in another room, the victim was not required to permit the officers into his home and no exigent circumstances existed to allow the officers to break down the door and subdue the victim. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: August 30, 2023, Case #: 22-5751, Categories: Civil Rights, Immunity
J. McBride finds that the lower court properly stayed tow indemnification claims filed by Walgreens against its insurer seeking defense costs in this fraud suit alleging Walgreens intentionally reported artificially inflated rates for prescription drugs to obtain inflated reimbursements. The court reasonably found that it could not make a determination on the indemnity claims until the underlying claims of the insurer's fraud complaint are resolved. Affirmed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: August 30, 2023, Case #: 230547, Categories: Fraud, Indemnification
J. Tjoflat finds that the district court properly convicted defendant of tampering with a witness. Defendant threatened to kill his girlfriend if she cooperated with police to perform a controlled drug buy from a dealer who once sold her fentanyl-laced heroin which killed her previous boyfriend. The district court correctly denied defendant's motion for judgment of acquittal. The government presented sufficient evidence showing defendant's intent to influence official proceedings related to the police investigation by threatening his girlfriend after she told him she was talking to a federal prosecutor about being a witness. Affirmed.
Court: 11th Circuit, Judge: Tjoflat, Filed On: August 30, 2023, Case #: 21-11342, Categories: Threats, Witnesses
J. Cavanagh finds that the lower court properly convicted awarded the wife a monthly maintenance amount, plus a percentage of the husband's annual bonus. The wife's salary of $90,000, while significant, was not high enough by itself to allow her to maintain the same standard of living she enjoyed during the marriage as part of a household of $500,000 per year. Affirmed.
Court: Illinois Appellate Court, Judge: Cavanagh, Filed On: August 30, 2023, Case #: 220983, Categories: Family Law
J. Lovric tosses a self-represented litigant’s complaint brought against the Utica Civil Criminal Court, a city court judge, the Utica Police Department and her two legal counsel alleging various due process and constitutional rights violations in connection with her arrest and criminal proceedings. The city court judge is protected by judicial immunity, the Civil Criminal Court and local police department are not independent legal entities to which she can assert civil claims and her claims against her counsel fail for failure to state a claim.
Court: USDC Northern District of New York, Judge: Lovric, Filed On: August 30, 2023, Case #: 6:22cv1398, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Due Process
J. Ahlers finds that defendant was properly denied relief from his conviction on theft charges contending he took a client's money without providing a hunting excursion as promised. Statements from other hunters who shared negative experiences with defendant did not constitute hearsay since the statements had been made to explain defendant's conduct. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: August 30, 2023, Case #: 22-0556, Categories: Evidence, Theft
J. Silva finds that the lower court properly rendered summary judgment in favor of the appellee in this suit asserting nuisance claims, based on the alleged fumes coming from the appellee's shop. The appellee sufficiently showed that the claims are barred under the statute of limitations. Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: August 30, 2023, Case #: 13-22-00547-CV, Categories: Civil Procedure, Real Estate
J. Theofanis finds that the trial court properly ruled to civilly commit the man as a sexually violent predator following a jury trial. The man argues that the trial court erred in rejecting his request to instruct the jury that he is “presumed not to be a sexually violent predator.” However, because he failed to object to the omission of the statement during the trial, this issue is waived. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: August 30, 2023, Case #: 03-23-00128-CV, Categories: Civil Procedure, Commitment
J. Murphy finds the circuit court properly granted summary judgment to the insurance company in this dispute over coverage for a traffic accident caused by a drunk driver with a suspended license who was not named on the insurance policy. The policy exclusion stating that the company does not provide liability coverage for injury or damage “caused by or in any way arising out of operation, maintenance or use of a vehicle by a … person who does not possess a valid, in-force operator’s license,” is properly characterized as unambiguous. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy, Filed On: August 30, 2023, Case #: CV-22-499, Categories: Insurance, Tort, Vehicle
J. Kahn enters judgment in favor of a group of Albany city police officers on a self-represented litigants unlawful search and seizure claims alleging they executed a fraudulent warrant to search his friend’s apartment building, finding the warrant was valid and that they did not exceed its scope. However, the court declines summary judgment on his claims for illegal cavity search and failure to intervene after finding cocaine and other drug-related paraphernalia at the apartment and subsequently performing a cavity search on his person, finding the reasons the investigators provided justifying the search to be in dispute.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: August 30, 2023, Case #: 1:20cv1153, NOS: Other Civil Rights - Civil Rights, Categories: Police Misconduct
J. Sullivan partially denies a mortgagor its motion to dismiss allegations of financial damages brought by a pair of homeowners after the mortgagor reportedly offered, then rescinded, a Veterans Affairs loan modification to help veterans during the early days of Covid-19. The two homeowners went into forbearance of their mortgage during the pandemic when they were offered the modification, but when they went to refinance their loan, they could not based on the pending modification. The mortgagor rescinded the modification based on inaccurate records that the couple had missed 12 monthly payments, but then offered the modification again later. Each time the mortgagor offered or rescinded, the couple wrote them qualified written responses asking for clarification of next steps to address the multiple issues, but the mortgagor did not respond. At this stage, the couple has sufficiently pled that they’ve suffered damages due to the mortgagor’s failure to reply.
Court: USDC Maryland, Judge: Sullivan, Filed On: August 30, 2023, Case #: 8:22cv1684, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending, Contract
J. Lipman grants a motion to intervene filed by the State of Arkansas in this consolidated class action alleging that Family Dollar negligently sold products that had been "contaminated by a rodent infestation." The allegations pertain to a distribution center located in West Memphis, Arkansas, and the state's motion to intervene is timely. Also, the state has a legal interest in the case, specifically as to enforcement of the Arkansas Deceptive Trade Practices Act.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: August 30, 2023, Case #: 2:22cv2138, NOS: Other Fraud - Torts - Personal Property, Categories: Trade, Negligence, Class Action
J. Chehardy finds that the trial court correctly revoked defendant's probation. Defendant properly pled guilty to third-offense DUI, and the sentence was properly imposed to the terms of his plea agreement. In this case, defendant did not comply with the requirements of drug court as part of his plea agreement, and his probation was revoked. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: August 30, 2023, Case #: 23-KA-30, Categories: Probation, Dui, Plea