178 results for 'filedAt:"2023-10-25"'.
J. Pryor finds that the lower court improperly found for USPS in a Rehabilitation Act suit alleging she cannot access a post office because it lacks a wheelchair ramp. USPS failed to show that services and products available at several other locations within a 15-minute drive of the woman's home offer her meaningful access to postal services. Vacated.
Court: 7th Circuit, Judge: Pryor, Filed On: October 25, 2023, Case #: 22-1967, Categories: Ada / Rehabilitation Act
J. Jenkins grants summary judgment in favor of an insurance company in this suit that one of their insured customer’s adulterated products and sold them to an oral hygiene supply company. The supply company recalled the kits that were tainted and disposed of the solutions as required by government guidelines. The evidence is undisputed that there was no “occurrence” within the insured’s policy and the insurance company does not have to make any payments. The case is terminated for further proceedings.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: October 25, 2023, Case #: 1:19cv5308, NOS: Other Contract - Contract, Categories: Evidence, Insurance, Contract
J. Kennedy finds a previous opinion of this court incorrectly applied Ohio law to defendant's consecutive sentences for theft and burglary. Statutory language requires appeals courts to defer to the findings of trial courts on appeal, not conduct a de novo review, and so the original sentences imposed by the trial court and upheld by the appeals court will be reinstated. There was no clear and convincing evidence the trial court violated defendant's Eighth Amendment rights when it imposed consecutive sentences that totaled 65 years, and because it followed all sentencing requirements and guidelines, the appeals court properly upheld the sentences. Affirmed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: October 25, 2023, Case #: 2023-Ohio-3851, Categories: Burglary, Sentencing, Theft
J. Mullins finds that a grandmother was properly removed as guardian in child-in-need-of-assistance proceedings because she failed to attend to the basic medical needs of her severely disabled grandchild. Affirmed.
Court: Iowa Court Of Appeals, Judge: Mullins, Filed On: October 25, 2023, Case #: 23-1290, Categories: Family Law
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J. Gamble finds that spousal support was improperly determined in a dissolution of marriage because transitional support granted to the wife should have lasted a single year, not six years. Affirmed as modified.
Court: Iowa Court Of Appeals, Judge: Gamble, Filed On: October 25, 2023, Case #: 22-1481, Categories: Family Law
J. Herman finds that the trial court should not have declined to award interest for the failure of the City of New Orleans to timely pay six invoices to a construction company. The city did not have reasonable cause to delay payment, and the delays were due to the city's internal problems and not due to the fault of the construction company. Further, since the city paid some of the prior invoices on time, it cannot attribute its delay in paying the subsequent invoices to its policy of processing invoices in order. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: October 25, 2023, Case #: 2023-CA-0193, Categories: Construction, Contract
J. Greer finds that the lower court properly dismissed claims contending plaintiff's parents breached an option to purchase provision by selling farmland to their other son because the plain language of the option did not include a promise to convey farmland to the older son. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: October 25, 2023, Case #: 22-1065, Categories: Real Estate, Contract
J. Ahlers finds that defendant was properly convicted of first-degree murder after brutally beating his paramour, whom he falsely believed had HIV. Defendant believed his obsessive-compulsive disorder status should have been introduced as a defense, but he had never been formally diagnosed with the disorder. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: October 25, 2023, Case #: 22-1280, Categories: Evidence, Murder
J. Vogel finds that an employee was properly denied workers' compensation after he injured himself while repairing a truck. Although he was diagnosed with a rotator cuff injury, the employee told two doctors that the pain in his shoulder stemmed from an injury he suffered two weeks before he incurred his employment-related injury. Affirmed.
Court: Iowa Court Of Appeals, Judge: Vogel, Filed On: October 25, 2023, Case #: 23-0144, Categories: Workers' Compensation
J. Schlegel finds that the trial court should not have determined that Louisiana’s anti-stacking provision did not apply to the uninsured/underinsured
motorist issues in this car collision action. In this case, the injured driver was driving her personal car while performing a work related task when she was rear-ended. Therefore, the injured driver is limited to recovery under only her personal line of coverage and not her employer's insurance policy as well. Further, under Irvin, the injured driver does not have the option to select recovery under her employer’s line of coverage. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: October 25, 2023, Case #: 23-CA-123, Categories: Insurance, Contract
J. Ortega finds the juvenile court erred by determining that DHS made reasonable efforts toward reunification of a mother with her 20-month-old son. “The record here does not establish that sending an outside provider into the prison was the only or necessary means to provide mother with a substance abuse evaluation while incarcerated.” Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: October 25, 2023, Case #: A180845, Categories: Family Law
J. Ervin-Knott vacates the judgment finding a car dealership to be in constructive contempt of court for not returning a Jeep to a customer. In this case, the customer did not formally introduce emails into evidence to show an exchange between counsel regarding the transfer of the Jeep. Therefore, there was no evidence for the trial court to determine that the dealership did not timely return the Jeep. Vacated.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: October 25, 2023, Case #: 2023-CA-0157, Categories: Contempt, Contract
J. Schlegel finds that the trial court should not have determined that Louisiana’s anti-stacking provision did not apply to the uninsured/underinsured
motorist issues in this car collision action. In this case, the injured driver was using her personal car while performing a work related task when she was rear-ended. Therefore, the injured driver is limited to recovery under her personal line of coverage but not her employer's insurance policy as well. Further, under Irvin, the injured driver does not have the option to select recovery under her employer’s line of coverage. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: October 25, 2023, Case #: 23-CA-65, Categories: Insurance, Contract
J. Greer finds that defendant was properly denied relief from his conviction for a group assault that led to the victim's death. Defendant sought a mistrial after an eyewitness identified defendant in court even though such had not been disclosed in the minutes of testimony, but the breach was not sufficiently substantial to impact the outcome. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: October 25, 2023, Case #: 22-1373, Categories: Assault, Witnesses, Identification
Per curiam, the Hawai'i Supreme Court denies a citizen’s petition for writ of habeas corpus or a petition for extraordinary writ. The citizen failed to show a clear understanding of right to or an alternative means to seek relief. The court orders the appellate court to file the letter and attachments for consideration as nonconforming Hawai’i Rules of Penal Procedure Rule 40 petition in the circuit court for post-conviction relief.
Court: Hawai'i Supreme Court, Judge: Per curiam, Filed On: October 25, 2023, Case #: SCPW-23-555, Categories: Habeas, Due Process
J. Marbley grants the parties' joint motion for approval of the class action settlement, ruling the award to each class member of the difference between the cash value of their damaged vehicle and the amount paid by State Farm on their insurance claim will provide fair compensation. Meanwhile, the highly skilled attorneys who represented the class are entitled to the full amount of attorney fees requested and will be awarded $900,000.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: October 25, 2023, Case #: 2:21cv5867, NOS: Insurance - Contract, Categories: Insurance, Settlements, Class Action
J. Potterfield finds that defendant was properly denied a mistrial on charges including possession of a firearm by a felon because testimony in which a police officer mentioned defendant's multiple convictions was merely cumulative to evidence already presented to the jury. Affirmed in part.
Court: Iowa Court Of Appeals, Judge: Potterfield, Filed On: October 25, 2023, Case #: 23-0055, Categories: Evidence, Firearms
J. Danilson finds that a mother's parental rights to her five children were properly terminated since she physically assaulted her children and allowed her husband to sexually abuse them. Affirmed.
Court: Iowa Court Of Appeals, Judge: Danilson, Filed On: October 25, 2023, Case #: 23-1319, Categories: Family Law
J. Doyle finds that defendant was properly convicted of assault causing injury after shooting and killing a woman because witness testimony indicates she pushed the victim out of her car, taunted her, then shot her. Affirmed.
Court: Iowa Court Of Appeals, Judge: Doyle, Filed On: October 25, 2023, Case #: 21-1891, Categories: Assault, Witnesses
J. Ortega finds the post-conviction court properly sentenced defendant to a 75-month prison sentence for two counts of first-degree sexual abuse against his step-granddaughters. “Applying the mandatory minimum sentence to his crimes would not ‘shock the moral sense’ of reasonable people in light of his conduct.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: October 25, 2023, Case #: A177936, Categories: Sentencing, Sex Offender, Child Victims