178 results for 'filedAt:"2023-09-21"'.
J. Camara holds that the trial court erred in arresting judgment after entering a first-degree aggravated kidnapping conviction, which relied on a finding of risk of bodily injury. The jury had relied on sufficient evidence that the victim faced a risk of bodily injury to support the conviction. Defendant dragged her across several lanes of a busy street at night as she struggled to escape, even if he waited for cars to pass. Reversed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: September 21, 2023, Case #: 20210668-CA, Categories: Kidnapping
J. Williams finds that the lower court properly terminated the mother's parental rights to the child. The evidence sufficiently supports the endangerment finding, as well as the best interest finding. The mother tested positive for drugs, and the child was found "unattended at an outdoor bus station." Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: September 21, 2023, Case #: 11-23-00056-CV, Categories: Evidence, Family Law
J. Casper denies an insurance company's motion for a declaratory judgment, against a fuel company and a class of claimants who received fuel from it containing more than five percent diesel between 2012 and the present, stating there is no coverage under its commercial general liability (CGL) policy. The insurance company has a duty to defend the fuel company against any claimants who didn't start experiencing property damage from the fuel they purchased from it until after the CGL took effect.
Court: USDC Massachusetts, Judge: Casper, Filed On: September 21, 2023, Case #: 4:22cv10517, NOS: Insurance - Contract, Categories: Insurance, Property, Damages
J. Russell partially denies a police corporal, sergeant and the state police department their motions to dismiss race discrimination allegations brought by two officers who are both Black men. Among other claims, the officers report that the corporal sent a racist text to all members of an organized crime drug enforcement task force, of which the officers were members. The text included an image of a nude Black man with "exposed and enlarged genitals" superimposed on a picture of George Floyd during his arrest and subsequent death. This and other behavior allegedly created a hostile work environment for the officers to the point where one left the task force. While the officers fail to give enough information in their comparators, it is still undetermined whether the corporal was officially in a supervisory position relative to the officers. The department, corporal and sergeant are ordered to answer remaining questions as to the claims made by the officers before litigation can proceed.
Court: USDC Maryland, Judge: Russell, Filed On: September 21, 2023, Case #: 1:22cv1699, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
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J. Womack finds that the circuit court properly denied defendant's petition to correct allegedly illegal consecutive sentences imposed upon revocation of suspended sentences in eight separate cases regarding the fraudulent use of a credit card and theft. He violated the conditions of his suspension when convicted of forgery, commercial burglary, breaking or entering, and theft. Defendant was convicted as a habitual offender on multiple counts for which the felony class’s maximum term for a habitual offender is 15 years’ imprisonment. The consecutive terms of 60 months’ imprisonment for each offense are legal sentences. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: September 21, 2023, Case #: CR-22-693, Categories: Fraud, Sentencing, Forgery
Per curiam, the Supreme Court of Ohio denies the petitioner's request for a writ of mandamus to compel the board of elections to remove certain candidates from the November 2023 ballot, ruling that because the territory of the Cleveland Municipal Court extends beyond the city's corporate limits, the city charter does not govern nomination requirements. Certain Ohio laws establish the number of signatures required, and because the candidates for judge and clerk met those requirements, they were properly placed on the ballot.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 21, 2023, Case #: 2023-Ohio-3377, Categories: Civil Procedure, Elections, Government
J. Fox finds the lower court properly denied the architect's motion to enforce the accrual provision found in Colorado law for construction defects. The provision included in its contract with the school extended the accrual period and is enforceable because it does not violate public policy. The contract does not include an unlimited accrual period or any other language that violates any Colorado statute, and both parties are "sophisticated entities" that could have negotiated different terms for reporting of any defects. Affirmed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: September 21, 2023, Case #: 2023COA85, Categories: Civil Procedure, Construction, Contract
J. Stadtmueller denies Kohl's motion to partially dismiss the consumer's lawsuit claiming it violated the Telephone Consumer Protection Act by continuing to send him dozens of promotional text messages after he revoked his consent in writing and failing to send him a copy of its do-not-call policy. Kohl's incorrectly argues that the do-not-call provision mandated by the Act does not apply to text messages, as a 2023 notice from the FCC has already clarified that the provision applies to text messages as well as voice calls, so the consumer's putative class claim under the Act survives.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: September 21, 2023, Case #: 2:23cv597, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Consumer Law, Class Action
[Modified.] J. Hoffstadt modifies a previously published opinion for a second time with no change in judgment. The trial court improperly dismissed a lender's contract action against a borrower as time-barred. The loan contract gave the lender the option to demand the full loan amount when the lender missed a monthly payment. The lender missed a payment in 2011 but the lender did not exercise the acceleration clause until 2019. Since the contract gave the lender the discretion whether or not to treat a missed monthly payment as a breach of the full amount, the lender's complaint, which was filed in 2020, was not precluded by the four-year statute of limitations. Reversed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: September 21, 2023, Case #: B316372, Categories: Civil Procedure, Banking / Lending, Contract
Per curiam, the appellate division finds that improperly refused to dismiss the former preferred shareholder's breach of contract action. There is no merit to his claim that the sale of a company's equity should qualify as a dissolution under the operating agreement, even if dissolution would entail the complete sale of the company's assets. Reversed.
Court: New York Appellate Divisions, Judge: Friedman, Filed On: September 21, 2023, Case #: 04704, Categories: Corporations, Contract
[Consolidated.] J. Forbes finds the lower court properly granted the husband's motion to eliminate the spousal support obligation from the parties' divorce decree because evidence in the record indicates the wife consistently spent more than the allowed monthly amount, primarily on luxury items. Furthermore, the lower court properly awarded $3,000 in attorney fees to the husband based on evidence of his attorney's hourly rate. Affirmed.
Court: Ohio Court Of Appeals, Judge: Forbes, Filed On: September 21, 2023, Case #: 2023-Ohio-3355, Categories: Evidence, Family Law, Attorney Fees
J. Mead finds that defendant was improperly convicted on Counts 3 and 4, because there was not a specific unanimity instruction given. Those counts included unlawful sexual contact (Class B) and unlawful sexual contact (Class C). The instruction was not required on the remaining counts, however, and those are due to be affirmed. Vacated in part.
Court: Maine Supreme Court, Judge: Mead, Filed On: September 21, 2023, Case #: 2023ME64, Categories: Sex Offender, Jury Instructions
J. Wood finds the circuit court properly denied defendant's petition to correct an allegedly illegal sentence for manslaughter and robbery after his convictions for murder, aggravated robbery, and aggravated assault were reversed on appeal. Defendant's use of a firearm and his status as a habitual offender enhanced his sentence on his guilty-plea conviction to manslaughter and robbery. His negotiated plea deal and agreement with the enhancements resulted in a sentence falling within the prescribed maximum. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: September 21, 2023, Case #: CR-22-561, Categories: Robbery, Sentencing, Manslaughter
J. Winmill partially grants the defendant insurance company's motion for summary judgment in this lawsuit concerning insurance coverage for the insured party's rental property, which allegedly suffered water damage. The property owner's bad faith claim fails as a matter of law, because the claims were "fairly debatable." The company is also entitled to judgment on his claim for intentional infliction of emotional distress.
Court: USDC Idaho, Judge: Winmill, Filed On: September 21, 2023, Case #: 1:20cv538, NOS: Insurance - Contract, Categories: Insurance, Emotional Distress, Contract
J. Harris holds that the trial court should have granted a lender's motion for renewal of judgment. The lender unsuccessfully attempted to collect on the original judgment during its eight-year term and obtained a renewed judgment before it expired. Still unable to satisfy the judgment after another eight years, it sought a second renewal but the trial court refused on statute of limitations grounds. The debtor did not file an appellate brief, so without making a merits-based decision, the trial court must grant the second renewal because the lender has made a prima facie showing that it has a plausible basis for renewal. Reversed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: September 21, 2023, Case #: 20220584-CA, Categories: Enforcement Of Judgments, Banking / Lending
J. Dato finds that defendant failed to make a prima facie case for resentencing on a first degree murder conviction. He could still be convicted despite changes to statute made since his conviction. And his allegation that the jury received an erroneous instruction that used now-disallowed "equally guilty" language could have been raised in his previous direct appeal. Affirmed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: September 21, 2023, Case #: D080779, Categories: Murder, Sentencing, Jury Instructions
Per curiam, the appellate division finds that the state Supreme Court properly dismissed as time-barred a challenge to the application of Donald F. Minichino, Conservative Party candidate for the Ninth Judicial District in the Nov. 7, 2023 general election. The challenge was not accomplished by the Aug. 23, 2023 deadline. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: September 21, 2023, Case #: CV-23-1736, Categories: Elections
J. Pearce finds that the district court did not err in holding that the state constitution gave it the discretion to grant defendant bail even though he was charged with a felony while on probation. The constitution guarantees bail to all those charged with a crime except for individuals in three circumstances, including defendant's. Because he is a double felony defendant he is not guaranteed the right to post bail. But the voters who passed a 1988 constitutional amendment changing the bail provision understood that judges would maintain discretion to grant bail to double felony defendants. Affirmed.
Court: Utah Supreme Court, Judge: Pearce, Filed On: September 21, 2023, Case #: 20220636, Categories: Constitution, Bail
J. Komitee dismisses a Louisiana resident's civil rights complaint with claims stemming from his fight to regain guardianship of his adult son, who suffered a brain injury, after his sister filed a request for guardianship in New York State Family Court. The court finds his complaint fundamentally a state court matter and declines to exercise jurisdiction. As well, New York state provides ample legal avenues to address his claims. Finally, the court finds the Family Court judge and a temporary appointed guardian are protected by judicial and quasi-judicial immunity, respectively.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: September 21, 2023, Case #: 1:23cv3859, NOS: Other Civil Rights - Civil Rights, Categories: Family Law, Jurisdiction
J. Yun finds the lower court properly denied the apartment complex owners' motion to compel arbitration because the wrongful death claims filed by the estate of the tenant killed in a fire are governed by the Colorado Premises Liability Act, not the parties' lease agreement, and, therefore, were not subject to that contract's arbitration provision. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: September 21, 2023, Case #: 2023COA84, Categories: Arbitration, Wrongful Death, Contract
J. Rodriguez finds a lower court erred when it declined to dismiss a wrongful-termination suit brought against a school district. While the former employee in the case said she was terminated after reporting timekeeping theft by her coworkers, she has failed to allege a violation under the Texas Whistleblower Act because the alleged thefts were violations of school-district protocol rather than a law. The school district therefore maintains immunity in this case. Reversed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: September 21, 2023, Case #: 08-23-00021-CV, Categories: Education, Immunity, Employment Retaliation
Per curiam, the circuit finds that the district court improperly dismissed the Black female educator's claims arising from a reneged-upon promise to pay for her to attend the Mississippi School Board Association Prospective Superintendent’s Leadership Academy. The court concluded that Title VII of the Civil Rights Act protects employees against only “ultimate employment decisions.” But a recent case before the Fifth Circuit showed that Title VII requires a broader reading and removed the "ultimate decision" requirement. The educator plausibly alleges facts that satisfy adverse employment action requirements. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 21, 2023, Case #: 21-60771, Categories: Civil Rights, Education, Employment Discrimination