159 results for 'filedAt:"2023-11-02"'.
[Consolidated.] J. Egan finds that the lower court properly set damages for negligence after a state trooper responding to a 911 call struck an oncoming car upon losing control of his vehicle. The award for past and future pain and suffering was reasonable in light of medical records and expert testimony indicating plaintiff's injuries were "serious," and the trooper's requests to set aside the verdict and hold a new trial for damages were properly denied.
Court: New York Appellate Divisions, Judge: Egan, Filed On: November 2, 2023, Case #: 535273, Categories: Tort, Damages
J. Powers finds that the lower court properly convicted defendant based on her guilty plea to assault for stabbing her paramour in a home where children were present. Defendant, who is not a U.S. citizen, contends her plea was involuntary since she had not been informed of the potential immigration implications, but the record indicates the issue had been addressed. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: November 2, 2023, Case #: 112749, Categories: Immigration, Assault, Plea
Per curiam, the appellate division finds that attorney Erwin Rosenberg's request to vacate the decision to disbar him in New York based on similar discipline imposed in Florida should be denied. Rosenberg continued to practice law in Florida after being suspended for failing to comply with discovery demands. His claim that New York disbarment was based on free-speech restrictions lacks merit, and he should be enjoined from filing new motions without prior approval based on his "ongoing pattern" of frivolous filings.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 2, 2023, Case #: PM-253-23, Categories: Attorney Discipline
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J. Ceresia finds that the lower court properly declined to enter a contempt order in a dispute over an unpaid money judgment concerning the lack of response to subpoenas seeking information and virtual depositions because the court did not abuse its discretion in finding a lack of "contumacious conduct." Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: November 2, 2023, Case #: 536135, Categories: Contempt
J. Slomsky dismisses a shareholder derivative action claiming a corporation issued false or misleading statements about commitments to diversify its workforce because aspirational diversity statements cited in the proxies did not constitute material misrepresentations. All state law claims should be dismissed since the court declines to exercise supplemental jurisdiction in light of the dismissal of the federal claim. Meanwhile, the shareholder may easily file the remaining claims in state court.
Court: USDC Delaware, Judge: Slomsky, Filed On: November 2, 2023, Case #: 1:21cv169, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fiduciary Duty, Jurisdiction
J. Reynolds Fitzgerald finds that the lower court properly granted a school district dismissal of negligent supervision claims concerning several years of bullying because the record indicates the district investigated the reported incidents to find that plaintiffs' children often acted as instigators and aggressors. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: November 2, 2023, Case #: CV-22-2215, Categories: Education, Negligence
J. Chehardy finds that defendant was properly convicted of second degree murder. In this case, defendant does not show that he acted in self-defense when he shot the victim. Defendant claimed that the victim had previously threatened him with a shotgun and told him that he intended to put defendant "in the ground." However, the investigating officers confirmed that the victim did not have a gun on him at the time of the shooting, and defendant admitted that he did not observe the victim with a gun at the time of the shooting. Further, evidence showed that defendant shot the victim six times, and that after firing the first four shots, he followed the victim and shot him twice in the head. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: November 2, 2023, Case #: 23-KA-60, Categories: Evidence, Murder
J. Harris finds the Colorado Open Records Act prohibits only the disclosure of identifying information related to minors and child abuse records and, therefore, the news outlets may be entitled to public records regarding child abuse reports made at certain residential care facilities. Therefore, the case will be remanded to allow the court to consider whether the requested information, including addresses of the care facilities, constitutes identifying information exempt from disclosure. Reversed.
Court: Colorado Court Of Appeals, Judge: Harris, Filed On: November 2, 2023, Case #: 2023COA101, Categories: Public Record, Juvenile Law
J. Clark finds that the lower court properly dismissed claims brought after plaintiff stumbled on a hole in the parking lot of a state-owned interstate rest stop because plaintiff failed to demonstrate the state had notice of and failed to fix the condition. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: November 2, 2023, Case #: 535719, Categories: Tort, Premises Liability
J. Proctor grants in part a correctional institute, correctional officers and supervisors four motions to dismiss supervisory liability and excessive force claims brought by a mother who alleges her son wrongfully died when correctional officers struck him repeatedly in the face and head during an altercation with another inmate at the Donaldson Correctional Facility. The mother failed to plead a plausible claim of supervisory liability against the Alabama Department of Corrections and three supervisors from the Investigation and Intelligence Division. The mother properly plead a plausible claim supervisory liability against the Donaldson supervisors, who have not proved they are entitled qualified immunity. Therefore, all other motions to dismiss are denied.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: November 2, 2023, Case #: 2:20cv499, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Wrongful Death, Prisoners' Rights
J. Peterson finds that the trial court improperly convicted defendant of murder and incorrectly granted the state's motion to admit defendant's post-arrest statements to police into evidence. Defendant, who was 17 years old at the time, unequivocally invoked his Miranda rights by stating during the detention center booking process that he would not talk to law enforcement without an attorney. Defendant's statement was made after he was advised of his Miranda rights and after he was already subjected to some custodial interrogation on the way to the jail. A reasonable person in defendant's position would have believed an interrogation was imminent. Defendant's custodial statements to GBI agents the following day were therefore inadmissible and the state failed to show that the use of the statements as evidence was harmless. Reversed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: November 2, 2023, Case #: S23A0534, Categories: Miranda, Murder
J. Thrash partially grants the relator's motion to dismiss counterclaims brought by the manufacturer in the relator's action under the False Claims Act. The relator, who previously worked as the manufacturer's chief compliance officer, alleged that the manufacturer made fraudulent claims for reimbursement for durable medical equipment. The manufacturer failed to properly state counterclaims for breach of fiduciary duty and negligence. The manufacturer failed to sufficiently show how the relator's alleged violation of the statute caused the manufacturer injury. However, the breach of contract counterclaim may move forward.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: November 2, 2023, Case #: 1:20cv4181, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: False Claims
Per curiam, the appellate division finds that attorney Jonathan Dunsmoor should be suspended for misconduct for one year for failing to disclose that, while awaiting action on his application for admission to the bar a dozen years ago, he was arrested and charged with misdemeanor driving while intoxicated and leaving the scene of an accident, which also led to charges of violating college conduct rules for students. Neglecting to disclose the information at the time was self-serving, and Dunsmoor failed to acknowledge the error of the conduct.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 2, 2023, Case #: PM-249-23, Categories: Attorney Discipline
J. Merchant grants the insurance companies motion for preliminary injunction and stay of all pending arbitrations brought by a medical imaging company in allegations of a no-fault scheme. Pending the declaratory judgment claim disposition, the court enjoins the medical imaging company from any further state court action or no-fault insurance collection arbitrations against the insurers.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: November 2, 2023, Case #: 1:23cv3124, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Marshall finds that a jury must be presented with certain questions before the court can rule on whether the officer is entitled to qualified immunity from claims stemming from an incident in which he shot a driver during an early morning traffic stop, causing the driver to become paralyzed. The jury must resolve disputes as to whether the driver was driving or parked when the officer turned on his lights and whether the officer drew his weapon before or after he smelled marijuana and saw smoke.
Court: USDC Eastern District of Arkansas , Judge: Marshall, Filed On: November 2, 2023, Case #: 3:19cv126, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Curiel dismisses the auto company's claim against the union for breach of the collective bargaining agreement under the Labor Management Relations Act. The company alleges that it suffered an injury because Interstate Batteries, a neutral employer that delivers automotive batteries to the company, was induced to intercede in the labor dispute between the company and the union. However, this allegation is not sufficient to allege an injury to support standing.
Court: USDC Southern District of California, Judge: Curiel, Filed On: November 2, 2023, Case #: 3:22cv1987, NOS: Labor/Management Relations - Labor, Categories: Labor / Unions
[Amended.] Per curiam, the court of appeals suspends John K. Evans for one year in a negotiated discipline case. He admits he engaged in reckless dishonesty by, among other things, failing to accurately report his financial holdings and outside clients.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: November 2, 2023, Case #: 23-BG-0741 , Categories: Attorney Discipline
J. Bourliot finds that the trial court properly terminated the mother's parental rights to her minor daughters. The evidence was sufficient to support the endangerment and best interest findings. The mother's use of illegal drugs, failure to complete services and relationship with a person under arrest for domestic violence against her shows endangerment. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: November 2, 2023, Case #: 14-23-00343-CV, Categories: Evidence, Family Law
J. Smith finds that the trial court properly ruled in favor of the home sellers in a suit brought by the purchaser over alleged undisclosed defects. The purchaser did not prove the fraudulent inducement exception regarding the "as is" clause in the contract. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: November 2, 2023, Case #: 10-23-00134-CV, Categories: Fraud, Contract
J. Christopher finds that the trial court properly ruled in favor of the insurer in a suit involving alleged hurricane damage to a property. The property owners' argument regarding the exclusion of certain repair estimates lacks merit. Also, costs should have been assessed against the property owners. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: November 2, 2023, Case #: 14-22-00292-CV, Categories: Evidence, Insurance, Property
J. Kemp finds the trial court properly convicted defendant for capital murder and aggravated robbery, sentencing him to life without parole. Eyewitness accounts, including one from defendant’s girlfriend, reveal that defendant approached a man who purchased marijuana from him with allegedly counterfeit money. Defendant took money and certain possessions from the man as the victim approached. After a brief physical altercation, defendant shot the victim. Nearby security camera footage corroborates the testimony. All evidence supports conviction and the proposed defense of justification and a denied motion for mistrial are not preserved for review. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp, Filed On: November 2, 2023, Case #: CR-22-776, Categories: Evidence, Murder, Self Defense
J. Hiland finds the trial court properly convicted defendant for murder and aggravated assault on a law enforcement officer. Defendant was pulled over for running a stop sign, with his two-year-old daughter unsecured in the back seat. Cash cam footage shows that defendant did not have a license or registration and gave the officer false information. Another officer arrived and defendant was allowed to call the child’s mother, who later arrived. Defendant was detained on the ground after attempting to exit the vehicle and the mother choked one of the officers. Defendant retrieved a handgun from his vehicle and ran, with the shooting taking place outside the camera range. All evidence is sufficient to support the convictions. A psychiatric expert who provisionally diagnosed defendant with schizophrenia testified that he had the capacity to stand trial. Defendant’s motion for directed verdict was properly denied. Affirmed.
Court: Arkansas Supreme Court, Judge: Hiland, Filed On: November 2, 2023, Case #: CR-23-130, Categories: Competence, Murder, Assault
Per curiam, the Eighth Circuit finds a lower court improperly dismissed a group of inmates' Religious Land Use and Institutionalized Persons Act of 2000 violations. The Arkansas Department of Corrections argued that the inmates, who are Muslim, are not entitled to dress in kufis while practicing their religion exclusively, and not in close proximity to members of the Nation of Islam and Nation of Gods and Earth. However, the Muslim inmates presented sufficient evidence in court that their practice was "sincerely held." Reversed.
Court: 8th Circuit, Judge: Per curiam, Filed On: November 2, 2023, Case #: 22-1809, Categories: Civil Rights
J. Kistler finds trial court erred by ruling that a 1959 deed did not grant property owners an easement over a neighbor's’ property. “The deed…unambiguously grants plaintiffs an easement but does not specify precisely where over defendants’ property the easement runs.” Reversed.
Court: Oregon Court of Appeals, Judge: Kistler, Filed On: November 2, 2023, Case #: A178517, Categories: Property