137 results for 'filedAt:"2023-11-07"'.
J. Fischer finds that the commission properly found the company is exempt from use tax for its purchase and use of information technology equipment. The undisputed facts show that the company's sole purpose for the IT equipment was to resell it. Affirmed.
Court: Missouri Supreme Court, Judge: Fischer, Filed On: November 7, 2023, Case #: SC99998, Categories: Tax
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J. King finds that the lower court improperly granted the motion to suppress filed by defendant in this case over his unlawful possession of a firearm. The police had reasonable suspicion to pursue defendant when they saw a bulge in his waistband that could be a possible firearm. Reversed.
Court: Pennsylvania Superior Court, Judge: King, Filed On: November 7, 2023, Case #: J-A03035-23, Categories: Evidence, Firearms, Search
J. Wolfe finds that the trial court properly ruled in favor of the inn owner in a customer's suit over a slip and fall in the parking lot that resulted in a leg fracture. There is no proof that the wet parking lot stripes constituted an unreasonably dangerous condition. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: November 7, 2023, Case #: 2023CA0280, Categories: Civil Procedure, Negligence
J. Bashant grants counter-claimant Viking Air's motion for a preliminary injunction enjoining Ikhana Group and Aevex Aerospace from marketing or selling any modification that increases the maximum take-off weight of Viking's 400 Series Twin Otter Aircraft in commuter operations. Viking has met its burden of demonstrating a likelihood of irreparable harm by alleging that Ikhana is using its trade secrets for commercial advantage and intends to continue using them. Meanwhile, the narrow injunction "will not pulverize Ikhana's existing business."
Court: USDC Southern District of California, Judge: Bashant, Filed On: November 7, 2023, Case #: 3:23cv1306, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract, Injunction
J. Smith denies a group of individuals affiliated with the First Presbyterian Church of Bethlehem’s motion to dismiss this case, which alleges they took unauthorized actions to affiliate the church with a different denomination, for lack of jurisdiction. This court has jurisdiction under the Declaratory Judgment Act to determine if the church’s insurance company must defend the church.
Court: USDC Eastern District of Pennsylvania, Judge: Smith, Filed On: November 7, 2023, Case #: 5:23cv678, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance, Jurisdiction
J. Gill finds the circuit court properly ruled in favor of the trust in its civil action challenging the town's decision that the trust's property was not exempt from property taxes. The circuit court properly applied de novo review and not certiorari review when considering the trust's challenge including new evidence that was not presented to the town or its assessor, and the circuit court correctly ruled that the trust had met its burden to show its property should be tax exempt, denied the town's motion for summary judgment and granted summary judgment to the trust. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Gill, Filed On: November 7, 2023, Case #: 2022AP000185, Categories: Property, Tax
J. Edmondson finds the court of civil appeals improperly reversed the trial court’s holding that the insurance company’s release failed to include an assignment from the party injured in a car accident. The insurer disputed charges by the medical providers in its release and the trial court ruled that there was no assignment by the injured party. The Oklahoma Supreme Court finds there is no assignment in the release and no questions of fact. Without evidence of fraud, precontract negotiations are superseded by the release. The appeals court is vacated, and the matter is remanded to the trial court.
Court: Oklahoma Supreme Court, Judge: Edmondson, Filed On: November 7, 2023, Case #: 119644, Categories: Health Care, Insurance
Per curiam, the Georgia Supreme Court accepts attorney Cory Howerton Fleming's voluntary surrender of his license to practice law following his admitted violations of the Georgia Rules of Professional Conduct while representing a client in South Carolina. The attorney admitted that he engaged in a scheme with former South Carolina attorney Alex Murdaugh to allow Murdaugh to receive wrongful death insurance settlement funds arising from the attorney's representation of the estate of a long-time Murdaugh employee who sustained injuries at his home. The attorney admitted that a disbursement sheet prepared after a second settlement contained false statements.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: November 7, 2023, Case #: S23Y0970, Categories: Judiciary, Attorney Discipline
J. LaGrua finds that the trial court properly convicted defendant of murder and a firearm offense. Sufficient evidence was presented to support defendant's conviction, including testimony from two eyewitnesses who said they watched defendant shoot the victim. Affirmed.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: November 7, 2023, Case #: S23A0956, Categories: Murder
J. Lobrano finds that the trial court properly denied a homeowner's request for permanent injunction to stop seizure and sheriff’s sale of his property. In this case, the bank filed a petition for executory process asking for an order of seizure and sale of the property and presented evidence of the original note, affixed with blank indorsement, and a certified copy of the mortgage. Therefore, the bank complied with the procedures to foreclose by executory process. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: November 7, 2023, Case #: 2023-CA-0245, Categories: Property, Contract
J. Gustafson holds that the Youth Court exceeded its authority by imposing additional terms to a juvenile's original disposition when he turned 18. A Youth Court may not modify an existing disposition, issue a new disposition or impose additional conditions, such as sexual offender registration and an added term of commitment, without pleadings and proving that the original disposition was violated. Reversed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: November 7, 2023, Case #: DA 22-0089, Categories: Juvenile Law, Sex Offender, Due Process
J. Corley finds in favor of Qualcomm in its multi-district antitrust litigation where consumers allege the company was using their position in the chip manufacturing and patent licensing markets to curtail competition and increase prices. After a series of appeals, the only surviving claims centered around the company's contractual dealings with manufactures like Samsung and Apple, but those claims only raise "plausible theories" on how the company could benefit from anti-competitive conduct. They do not provide any hard evidence that the alleged conduct actually took place.
Court: USDC Northern District of California, Judge: Corley, Filed On: November 7, 2023, Case #: 3:17md2773, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Pirtle finds the trial court properly convicted defendant for three counts of sexual assault of his minor cousin. A resource officer at the victim’s school called child protective services after the victim emailed her a photo of herself crying, stating that defendant had beat her up. The victim was then removed from her home after other evidence came to light, and placed with the resource officer, who noticed a change in the victim’s behavior when around her husband. The officer asked if someone had touched her inappropriately and the victim pointed out defendant. All evidence supports conviction and defendant has not preserved objections to the state’s motions for appellate review. Ineffective assistance claims fail for lack of proof. The record is insufficient on direct appeal. Affirmed
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: November 7, 2023, Case #: A-22-973, Categories: Evidence, Sex Offender, Child Victims
J. Moore finds the county court properly denied defendant’s motion for postconviction relief without an evidentiary hearing from his no contest conviction for generation of child porn. The victim and multiple witnesses testified that defendant pulled the victim’s clothing away from her breasts and vagina while recording with a green cell phone in a public park. Defendant was arrested on a different warrant during a traffic stop and a warranted search was conducted on his green cell phone, revealing a recording of the assault. All evidence supports conviction and any motion to suppress would not have been successful. There is no obligation to engage in unneeded analysis and there was no error in denying defendant’s motion. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: November 7, 2023, Case #: A-22-789, Categories: Evidence, Sex Offender, Child Pornography
J. Colvin finds that the trial court properly sentenced defendant for his murder convictions. The trial court correctly sentenced defendant for two counts of felony murder predicated on felony fleeing a police officer instead of for two counts of vehicular homicide predicated on misdemeanor fleeing a police officer. The rule of lenity does not apply in this case. Affirmed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: November 7, 2023, Case #: S23A1137, Categories: Murder, Sentencing
J. Robart awards the glass infuser company $5,000 in statutory damages and $592 in litigation costs against the tobacco shop and its owner for selling counterfeit glass infusers beating the glass infuser company's "Stundenglass" trademark. The glass infuser company demonstrates that it owns a valid Studenglass mark, the tobacco shop sold at least one item bearing the mark and that the tobacco shop's use of that mark is likely to cause consumer confusion.
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 7, 2023, Case #: 2:23cv318, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Partida-Kipness finds that the lower court properly entered default judgment against the property owner and the management company but improperly awarded mental anguish damages to the tenants in this lease dispute. The tenants contend that their apartment had an insect infestation, but their testimony fails to sufficiently support the award for mental anguish damages. Accordingly, the issue of mental anguish damages is remanded for a new trial. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: November 7, 2023, Case #: 05-22-00779-CV, Categories: Landlord Tenant, Damages, Contract
J. Jolivette Brown grants summary judgment to an insurance company and against the owner of an aircraft on his breach of contract claim, arising from hurricane damage to his plane which crashed three months later while en route to scheduled repairs from the storm, destroying the aircraft and killing the pilot. The insurer successfully argued it paid the plane’s owner the full policy amount of $65,000, the agreed value of the aircraft, following the crash. The owner does not dispute that additional payment for the hurricane’s damages to the aircraft would constitute impermissible double recovery. The ruling does not address the plane owner’s additional claims of negligence, bad faith or breached duties as the insurer’s request is limited only to further payment for property damage to the aircraft under its policy.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: November 7, 2023, Case #: 2:23cv678, NOS: Insurance - Contract, Categories: Insurance, Property, Aviation