101 results for 'filedAt:"2023-11-13"'.
J. Chase finds that the trial court properly terminated a mother's parental rights to her children. The record shows that the mother failed to comply with her case plan, did not see her children for over six months, failed to secure sufficient income and housing, and did not seek treatment for depression and anxiety. Further, the children are thriving in their foster family after living in a home where their older brother sexually abused them, and their father sexually abused another relative. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: November 13, 2023, Case #: 2023-CA-0557, Categories: Evidence, Family Law
J. Brennan finds that the lower court properly denied defendant's motion to suppress evidence of drug activity in his apartment. Police had a reasonable basis for believing someone was being injured inside the apartment, so their entrance was justified by exigent circumstances and they searched only in places where an injured person could be. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: November 13, 2023, Case #: 22-2135, Categories: Drug Offender, Search
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Per curiam, the Vermont Supreme Court finds a lower court properly terminated the father’s parental rights to his child. The best-interest factors supported termination, and the father did not take the steps necessary to keep the child safe and to regain custody. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: November 13, 2023, Case #: 23-AP-190, Categories: Family Law, Guardianship
J. Vance denies a request by a mental health clinic to dismiss for lack of jurisdiction the disability discrimination claim of a paraplegic social worker, who alleges the clinic withdrew a job offer after learning she used a wheelchair for mobility and provides services to clients from the back of her handicap van, which is driven by her personal nurse. Each of the clinic’s objections are non-jurisdictional and, therefore, not properly asserted. As the employer’s objections relate to the substantive adequacy of the litigant’s Americans with Disabilities Act claim, its objections must be raised in a separate request challenging the merits of her claim.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: November 13, 2023, Case #: 2:23-cv-02129, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Procedure, Ada / Rehabilitation Act, Employment Discrimination
J. Gilbert finds that the trial court properly denied petitions seeking to vacate a zoning ordinance intended to protect wildlife migration corridors. The ordinance, which will create new zoning overlays in rural areas, does not violate the Surface Mining and Reclamation Act because it does not permit a new use. "We are confident that wildlife is loath to seek permission from the County. It pretty much goes where it will. The Project sets standards for future developments that might interfere with the movement of wildlife. That is not permitting a use." Also, the ordinance clearly meets the "common sense" exemption of the Environmental Quality Act, as well as two categorical exemptions. Affirmed.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: November 13, 2023, Case #: B320153, Categories: Environment, Zoning
J. Bell partially denies a cybersecurity firm’s motion to dismiss a power tool manufacturer’s amended complaint in this alleged fraud case. The manufacturer sufficiently alleges that the firm had no intention of complying with the service agreement at the time of signing because the firm knew it could not perform some of the work required, specifically with Google Chronicle, a cloud service that would allow the manufacturer to assess security threats and alerts. This satisfies the fraud, unfair trade practices and unjust enrichment claims brought by the manufacturer. However, its negligence claims fail because the firm did not cause it to incur any economic losses.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: November 13, 2023, Case #: 3:23cv236, NOS: Other Contract - Contract, Categories: Fraud, Trade, Negligence
Per curiam, the circuit finds that the district court properly dismissed civil rights claims in which current and former city school employees opposed the Covid-19 vaccine mandate. The employees contend the department of education violated due process by enforcing the requirement through suspension or termination, but their unions followed federal arbitration procedures in negotiating terms that included exemption and unpaid leave. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 13, 2023, Case #: 23-655, Categories: Employment, Covid-19, Labor / Unions