163 results for 'filedAt:"2023-10-31"'.
J. Gravois finds that the trial court properly dismissed a daughter's claim against a nursing home arising out of her deceased mother suffering a fall. In this case, the daughter does not state a cause of action for gross negligence or willful misconduct. At the time of the mother's fall, a public health
emergency was declared due to COVID and the nursing home was a healthcare provider. Therefore, under the Louisiana Health Emergency Powers
Act, "no health care provider shall be civilly liable for causing the death of, or injury to, any person or damage to any property except in the event of gross negligence or willful misconduct." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: October 31, 2023, Case #: 23-CA-68, Categories: Evidence, Medical Malpractice
J. Theofanis finds the trial court properly ruled against a father in its order establishing child support payments he owes to the mother of his children. On appeal, the father argues that the trial court erred by not offsetting the overall amount of support owed by the value of property owned by him. The father failed to present sufficient evidence to support having the child support offset by the value of property that was allegedly seized by the state and given to the mother. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: October 31, 2023, Case #: 03-22-00792-CV, Categories: Family Law
J. Chapman finds that the lower court properly ruled against the Secretary of State, which prepared ballot descriptions for six different proposed pro-abortion initiative petitions. The Secretary described the initiatives as allowing "dangerous, unregulated, and unrestricted abortions... without requiring a medical license," which is a baldly inaccurate summary of the proposed initiatives. Further, the Secretary's language that the initiatives would "nullify longstanding Missouri law protecting the right to life," uses partisan political language that should not be used in a summary meant to impartially inform voters. Affirmed in part.
Court: Missouri Court Of Appeals, Judge: Chapman, Filed On: October 31, 2023, Case #: WD86595, Categories: Civil Rights, Constitution, Agency
J. Hillman finds for a health network accused of changing a nurse's schedule and firing her after she complained that a doctor sexually harassed her, and based on the false accusation that she turned away a patient seeking an x-ray and failed to assist another patient who was experiencing Covid-19 symptoms. The nurse did not establish that the doctor's conduct had been severe, and the health network issued the doctor a warning about his behavior. Meanwhile, the nurse's holiday schedule was changed based on the network practice of rotating schedules each year, and no direct line existed between her sexual harassment complaints and the decision to fire her. Also, evidence did not indicate the nurse suffered a qualifying disability.
Court: USDC New Jersey, Judge: Hillman , Filed On: October 31, 2023, Case #: 1:22cv7, NOS: Family and Medical Leave Act - Labor, Categories: Ada / Rehabilitation Act, Employment, Employment Retaliation
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J. McKinnon finds that the lower court properly found that the state could withdraw from its plea agreement sentencing recommendation based on alleged crimes defendant committed while in custody. Furthermore, defendant waived any challenge to the untimeliness of the state's persistent felony offender notice by entering a guilty plea to assault. Affirmed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: October 31, 2023, Case #: DA 22-0306, Categories: Sentencing, Assault, Plea
J. Baker finds that the lower court properly terminated the mother's parental rights after multiple tribes confirmed the child does not qualify for tribal membership and the mother repeatedly tested positive for meth. The record includes documented instances of neglect, abuse and drug use by the mother that substantially impacted the child's welfare. Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: October 31, 2023, Case #: DA 23-0157, Categories: Family Law, Native Americans
Per curiam, the Louisiana court grants a defendant driver's motion for change of venue from St. John the Baptist Parish to St. Tammany Parish. In this case, the plaintiff driver is a resident of St. Tammany Parish, and the accident occurred in St. Tammany Parish.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: October 31, 2023, Case #: 23-C-450 , Categories: Negligence, Venue
J. Wicker vacates defendant's the sentences imposed for her convictions for assault with a firearm and aggravated criminal damage to property. In this case, it is unclear whether restitution was made a part of the guilty plea which resulted in the convictions and sentences on appeal. Vacated.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: October 31, 2023, Case #: 23-KA-63, Categories: Sentencing, Assault
J. Wang allows the parties to admit exhibits in claims contending a construction company had not been paid for restoration work on a hotel that had been damaged by a mudslide in Rio de Janeiro. The exhibits do not constitute hearsay since objections were not made when the exhibits were admitted as evidence during witness testimony.
Court: USDC Colorado, Judge: Wang, Filed On: October 31, 2023, Case #: 1:21cv1380, NOS: Other Contract - Contract, Categories: Evidence, Insurance
J. Pfeiffer finds that the commission properly granted the worker permanent total disability after he sustained a work injury that left him unable to drive a truck, the only job he had ever had. The employer was timely notified of the worker's disability claim. However, the employer's appeal is not so frivolous as to warrant an award of attorney's fees. Affirmed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: October 31, 2023, Case #: WD86101, Categories: Attorney Fees, Workers' Compensation
J. Emfinger finds the lower court properly convicted defendant of conspiracy to commit murder and first-degree murder for his role in the shooting death of a man. Defendant received a 20-year sentence for the conspiracy conviction and life imprisonment for murder to run concurrently. Defendant argues the lower court erroneously allowed phone records and testimony of an officer explaining the use of those records in tracking the location of defendant’s cell phone, but the instant court finds no error in the lower court's handling of the matter. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Emfinger, Filed On: October 31, 2023, Case #: 2022-KA-00709-COA, Categories: Evidence, Murder, Witnesses
Per curiam, the court of appeals finds the circuit court properly affirmed in favor of the planning commission regarding fines imposed on a citizen’s guest house he used as a transient vacation rental. The citizen argues the property’s right to be rented was grandfathered in, but the zoning permit for the house never had a lawful rental use that could have been grandfathered.
Court: Hawai'i Court Of Appeals, Judge: Per curiam, Filed On: October 31, 2023, Case #: CAAP-17-540, Categories: Property, Due Process
J. Kobayashi grants two state employee’s motion to dismiss a Hawaiian citizen’s second complaint allegations of due process violations and violations of his constitutional right to the free exercise of his religion after he was evicted from a small boat harbor. The citizen fails to identify an issue of fact whether his rights were violated, and the employees qualify for qualified immunity. Therefore, the citizen’s motion for partial summary judgment is denied as moot and this case is to be directed to the clerk’s office for final judgment.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: October 31, 2023, Case #: 1:21cv368, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, First Amendment
J. Soto finds a lower court did not err in denying an insurance company’s efforts to intervene in a personal injury lawsuit brought against an oil services company by workers who said they were injured in an explosion. The insurer cannot show a lower court abused its discretion by denying its intervention because the insurer’s question of whether it has a duty to indemnify the oil company can be determined “if and when a judgment is entered” against the oil company.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: October 31, 2023, Case #: 08-23-00223-CV, Categories: Civil Procedure, Insurance, Tort
J. Kobayashi grants in part Airbnb’s motion to dismiss in this trespass and nuisance lawsuit brought by a landowner, who owns land in and around the subdivision where an Airbnb property exists. The landowner alleges says Airbnb ads and its app “‘made possible’ illegal conduct, apparently including trespass, noise issues and violations of the Hawai’i County Code.” He fails to show facts to state his plausible trespass and nuisance claims. Airbnb is not entitled to immunity under the Communications Decency Act and that motion to dismiss is denied without prejudice. The landowner is granted leave to cure the defects of his claim.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: October 31, 2023, Case #: 1:23cv243, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, Real Estate
J. Torres declares a 1990 law banning abortion in Guam invalid because it has been implicitly repealed by the Guam Legislature since its passing; it no longer has any force or effect. More recent statutes conflict with such a ban and have since allowed and regulated abortion procedures in the territory.
Court: Guam Supreme Court, Judge: Torres, Filed On: October 31, 2023, Case #: CRQ23-1, Categories: Civil Rights, Constitution, Health Care
J. Kautz finds that the lower court improperly refused to address defendant's request for a return of property that was seized by police during an investigation tied to his assault and battery convictions. The lower court declined to hear the request on the grounds that it lacked jurisdiction, but that argument is directly in conflict with established case law and precedent. The lower court has the jurisdiction and the duty to hear the motion and weigh evidence as to whether defendant is entitled to the return of his property. Reversed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: October 31, 2023, Case #: S-23-0067, Categories: Criminal Procedure
J. Vascura denies, in part, the government's motion to dismiss, ruling the managers' comments about the male employee who requested leave to care for his newborn are sufficient to constitute evidence of direct discrimination at this stage, at least regarding the employee's claims for declaratory and injunctive relief. However, the employee's threats of violence against a manager and profanity-laced outbursts gave the government a legitimate reason to issue an unacceptable performance rating and precludes the retaliation claim for damages, which will be dismissed.
Court: USDC Southern District of Ohio, Judge: Vascura, Filed On: October 31, 2023, Case #: 2:22cv1935, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Counts adopts a magistrates report and recommendations, and compels arbitration in a lawsuit between an oil services company and employees who say they were misclassified as independent contractors and underpaid for overtime. Despite objections by employees, this case should first go to arbitration because the workers signed a valid arbitration agreement.
Court: USDC Western District of Texas , Judge: Counts, Filed On: October 31, 2023, Case #: 7:22cv176, NOS: Fair Labor Standards Act - Labor, Categories: Arbitration, Employment, Labor
J. Molberg finds that the lower court properly terminated the father's parental rights to three children. The father challenges the sufficiency of the evidence to support the findings. However, the record indicates that the parents failed to adequately address one of the children's eczema, and the father failed to complete certain court-ordered services. Separately, a typographical error in the order should be corrected. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: October 31, 2023, Case #: 05-23-00582-CV, Categories: Family Law
J. Trauger denies the bar and music venue's motion in limine, as well as its motion for summary judgment, in this negligence lawsuit arising from an alleged slip and fall that resulted in a bar patron's broken arm. The bar patron's doctors "were adequately disclosed as expert treating physicians." Also, there is an issue of fact as to whether the bar had constructive knowledge of a spilled drink and the alleged "liquid on the floor."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: October 31, 2023, Case #: 3:21cv868, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Experts