126 results for 'filedAt:"2023-11-03"'.
J. Vos finds a lower court properly ruled in favor of an institutional investor on tax avoidance claims brought by revenue and customs. The tax authority argued that the company engaged in tax avoidance. However, the company sufficiently showed in court that its transactions were commercial based. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Vos, Filed On: November 3, 2023, Case #: CA-2022-1975, Categories: Government, Tax
J. Hicks grants the mining company’s motion for summary judgment in this suit brought by the former employee on his claims for discrimination, failure to accommodate and wrongful termination. The employee was beset with numerous health issues requiring many surgeries, and was terminated after accommodations were made and after exhausting administrative remedies. His applications for, statements on, and awards of disability benefits conflict with his Americans with Disabilities Act claims. The employee stated that he could do his job with accommodations while applying for extended total disability benefits, which negates the claim.
Court: USDC Nevada, Judge: Hicks, Filed On: November 3, 2023, Case #: 3:21cv126, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Silva grants the city’s motion to amend the pretrial order in this employment discrimination suit to identify witnesses presented as those most knowledgeable. The employee has been on notice that a “person most knowledgeable” would be called by the city, and the proposed testimony will not be unexpected. The employee has also named one of the witnesses on the city’s witness list, which further demonstrates a lack of prejudice. There is no evidence that the city seeks to amend in bad faith.
Court: USDC Nevada, Judge: Silva, Filed On: November 3, 2023, Case #: 2:21cv198, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Discovery, Employment Discrimination
Per curiam, the Nebraska Supreme Court overrules the land developer’s motion for rehearing of the previous reversal of the district court’s finding in the developer’s favor on unjust enrichment claims against the landowner from which it bought a tax certificate which was voided after title was quieted in the previous owner. The opinion remains unchanged, though the analysis is modified to clarify the court’s reasoning as to the application of claim preclusion against an involved contractor.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: November 3, 2023, Case #: S-22-673, Categories: Property, Tax
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J. Freudenberg finds the district court improperly convicted defendant for possession of a controlled substance. The court found the search of defendant’s bedroom which yielded the controlled substance, after his arrest for DUI, was lawful according to terms of his already-ended probation on unspecified felonies and misdemeanors. The court pronounced that the probation terms were extended after the original term before conducting a hearing on an information to revoke probation. This is not permitted by the Nebraska Probation Administration Act. Reversed, vacated and remanded.
Court: Nebraska Supreme Court, Judge: Freudenberg, Filed On: November 3, 2023, Case #: S-23-056, Categories: Drug Offender, Probation, Search
J. Heavican dismisses this appeal from the juvenile court’s order for electronic monitoring of defendant after an altercation with a police officer, as well as her staff secure detention order for noncompliance with electronic monitoring. Originally charged as a minor in possession of alcohol, obstructing an officer and attempted assault on an officer, the court ordered that defendant wear a monitoring device which she eventually cut off, leaving her residence without permission. As the juvenile was not detained, but subject to alternative detention by electronic monitoring, and the eventual detention was meant to be temporary, the appeal is dismissed for lack of a final, appealable order.
Court: Nebraska Supreme Court, Judge: Heavican, Filed On: November 3, 2023, Case #: S-23-071, Categories: Juvenile Law, Assault, Obstruction
J. Goldberg finds that the lower court properly allowed a mother to permanently move to Massachusetts with the parties' child because evidence indicates that the finding serves the child's best interests. Affirmed.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: November 3, 2023, Case #: 22-269, Categories: Family Law
J. Caldwell finds that the power company was properly granted summary judgment after a tree trimmer was electrocuted while working away from its right of way. The company was entitled to up-the-ladder immunity since trimming branches away from power lines furthers public safety and prevents outages, and law requires such. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Caldwell, Filed On: November 3, 2023, Case #: 2022-CA-1200-MR, Categories: Immunity, Wrongful Death
J. Greene finds that defendant was properly resentenced to 40 years imprisonment at hard labor, with 25 of those years being without benefit of parole, probation, or suspension of sentence, on his conviction for sexual battery on a victim under the age of thirteen years. In this case, the sentence was justified based on the circumstances of the crime. The victim was defendant's daughter, who was subjected to the abuse beginning when she was five or six years old and lasting for a period of five years. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: November 3, 2023, Case #: 2023 KA 0431, Categories: Sentencing, Sex Offender
J. Maddox denies a self-represented citizen’s renewed motion for default judgment, for lack of personal jurisdiction, in his trademark suit against two financial companies that created a cryptocurrency called Dibcoin. The citizen fails to show that the reversal decision arises from a specific Dibcoin transaction, and the trademark registration makes no mention of these transactions. The citizen has 30 days to file a motion for transfer.
Court: USDC Maryland, Judge: Maddox, Filed On: November 3, 2023, Case #: 1:20cv2504, NOS: Trademark - Property Rights, Categories: Securities, Trademark, Jurisdiction
J. Bevan finds that the trial court properly ordered the removal of five children from their father's home. The trial court verbally provided sufficiently detailed findings of fact. The order was supported by substantial evidence that the children were being manipulated by their parents, who were unable to exchange custody without fighting each other. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: November 3, 2023, Case #: 50875, Categories: Family Law
J. Hester finds that the trial court properly granted an order of protection against the alleged stalking perpetrator. In this case, the victim stated that he was a former friend of the perpetrator who thought they were in a relationship, and that he had been harassing him through email and social media, pretending to be him on media apps. Further, the victim testified that he had not contacted the perpetrator for over two years, and that the perpetrator continued to contact him and his girlfriend and brought up his four-year-old son in emails. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: November 3, 2023, Case #: 2023 CA 0335, Categories: Evidence, Restraining Order
J. Steigmann finds that the lower court properly terminated the mother's parental rights to her three children. The mother failed to address her drug and alcohol abuse issues during the nine months the children were removed from her care due to her substance abuse. Affirmed.
Court: Illinois Appellate Court, Judge: Steigmann, Filed On: November 3, 2023, Case #: 230509, Categories: Family Law
J. Barnes finds that the trial court properly confirmed and adopted the arbitrator's award in a divorce action. The trial court did not commit any error in compelling arbitration after the husband allegedly breached the arbitration agreement by borrowing money from the refinancing of marital property and by selling his dental practice. The husband's alleged breaches of the encumbrance provision of the agreement were a matter for the arbitrator to decide. The wife failed to show that the arbitrator deliberately disregarded the law. Affirmed.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: November 3, 2023, Case #: A23A0790, Categories: Arbitration, Family Law
J. Wooton reverses the lower court's order denying a Wayne County couple's petition to adopt their 11-year-old daughter, who has lived with her biological mother and step-father from when she was two-months old, based on the finding that the biological father had not abandoned the child. Not only did the biological father have the step-father's telephone number for the past 10 years and spoke with both him and the mother 10 days prior to the adoption hearing, but also "the record clearly shows that despite clearly having the ability to communicate with R.L., [he] simply opted not to do so for more than two and-a-half years." Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Wooton, Filed On: November 3, 2023, Case #: 21-0766, Categories: Evidence, Family Law
J. Bennett denies a teacher’s motion to dismiss negligence, battery and state and federal civil rights claims brought by the parents of a minor elementary school student. The teacher allegedly slammed the minor to the floor to discipline his behavior and asked other students to raise their hands if they had been bullied by him. The parents have properly pled facts. The substantive due process and equal protection claims were previously dismissed as to everyone named in the original complaint, but the teacher was not originally named on those claims.
Court: USDC Maryland, Judge: Bennett, Filed On: November 3, 2023, Case #: 1:22cv1601, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Assault
J. Kelety finds that the trial court properly dismissed debtors' unfair business practices complaint against their mortgage lender. Their class action claim that the lender was not licensed in California could not proceed because they failed to allege an actual economic injury as required to establish standing. Affirmed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: November 3, 2023, Case #: D080758, Categories: Banking / Lending, Class Action
J. Gould finds that the district court properly dismissed an antitrust action against Apple, alleging monopolist operation of the Apple App Store. App developers failed to state an antitrust claim under the Sherman Act. The dispute arose from Apple’s rejection of the developers' apps, Coronavirus Reporter and Bitcoin Lottery, for distribution through the App Store because they "did not sufficiently allege a plausible relevant market, either for their rejected apps as compared to other apps, or for apps in general." Affirmed.
Court: 9th Circuit, Judge: Gould, Filed On: November 3, 2023, Case #: 22-15166, Categories: Communications
J. Hall denies the real estate agent's motion to dismiss, ruling that while the contaminated soil at the home cost only $40,000 to remediate, the buyer's potential claim for punitive damages would put the value of her claims over the $75,000 jurisdictional threshold and, therefore, the district court has jurisdiction over the case.
Court: USDC Connecticut, Judge: Hall, Filed On: November 3, 2023, Case #: 3:23cv1065, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Real Estate, Jurisdiction
J. Leupold partially denies the county's protective order for the deputies' complaint alleging that the county assigned them to the Special Investigation Unit, which investigates narcotics and enforces anti-vice laws, before also placing them on the Pierce County Prosecuting Attorney's Office Brady/Potential Impeachment Evidence list. The deputies may inquire as to the county's retention and preservation of text messages after 2019, including the ability of its employees to delete text messages from work phones.
Court: USDC Western District of Washington, Judge: Leupold, Filed On: November 3, 2023, Case #: 3:21cv5592, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery
J. Flanagan denies the administrative director of the North Carolina Office of the Courts’ motion to dismiss First Amendment claims brought by Courthouse News Service (CNS), this news media organization. CNS argues the North Carolina courts, particularly those in Johnston, Harnett and Wake counties, denied it access to new civil complaints as soon as the courts posted them live online. According to previous litigation, it has been established that the press and general public must have as immediate access as is possible to complaints filed in order to improve the quality of the judicial system. Therefore, the director’s argument that CNS failed to state a case fails.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: November 3, 2023, Case #: 5:23cv280, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment, Technology
J. McClendon finds that the trial court properly found for a veterinary clinic in dismissing a patron's trip and fall claim. In this case, the patron fell down an elevated porch that did not have a railing on the right side of the porch where he fell, although the left side had a railing. The patron testified that he had been to the clinic at least once a year over a twenty-year period and that he did not have a problem with the stairs before. Further, based on the testimony, a reasonable person would have found the lack of a railing on the porch open and obvious and would have avoided that particular area of the porch when exiting the building. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: November 3, 2023, Case #: 2023 CA 0133, Categories: Evidence, Negligence
J. Reiber finds the trial court properly denied an inmate’s request to modification of release condition requiring him to a court-approved adult for supervision. He was arrested and charged with aggravated domestic assault; at the time he was on parole for a previous offense. The court considered the alternative plan offered by inmate for a GPS device, finding that it offered less protection to the public and that he could be a flight risk. Affirmed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: November 3, 2023, Case #: 23-AP-340, Categories: Parole, Sentencing, Domestic Violence
[Consolidated.] J. Edelstein finds the trial court erroneously imposed a definite sentence following defendant's conviction for aggravated burglary. The Reagan Tokes Law, which was recently held constitutional by the Ohio Supreme Court, applied to the crime and required an indefinite sentence, which must be imposed on remand. Meanwhile, the trial court properly allowed the state's expert witness, a nurse, to testify about the injuries sustained by the victims. Although her qualifications were not provided to the defense until immediately prior to her testimony, the evidence she provided was not crucial in establishing any of the elements of the crimes for which he was convicted. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Edelstein, Filed On: November 3, 2023, Case #: 2023-Ohio-3994, Categories: Burglary, Sentencing, Experts