163 results for 'filedAt:"2023-12-15"'.
J. Mansfield finds that the juvenile court could not "reclaim jurisdiction" after waiving a case for the district court to prosecute defendant, a 17-year-old, for sexual exploitation of a minor and possession of child pornography. The juvenile court had no legal authority to attempt to regain control of the case after waiving such for the purpose of having defendant tried as an adult.
Court: Iowa Supreme Court, Judge: Mansfield, Filed On: December 15, 2023, Case #: 22-0326, Categories: Criminal Procedure, Juvenile Law, Sex Offender
J. McEvers finds that the district court properly entered a third amended judgment modifying a child support obligation. The district court properly imputed the North Dakota statewide average income of a farmer to the father for purposes of child support. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers , Filed On: December 15, 2023, Case #: 2023ND240, Categories: Family Law
J. St. Eve finds that the lower court properly ruled against the Black postal employee on allegations he was fired for discriminatory reasons. While the employee filed 15 EEOC charges against his supervisors, the evidence supports a finding he was fired for failing to appear at work for months. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: December 15, 2023, Case #: 22-2472, Categories: Employment, Labor
J. Bryan finds the lower court improperly ruled when holding a factoring company in contempt of court for not complying with a subpoena, as the discovery did not meet foreign state requirements of North Carolina, where the company is based, instead of Alabama. Reversed.
Court: Alabama Supreme Court, Judge: Bryan, Filed On: December 15, 2023, Case #: SC-2023-0027, Categories: Business Practices, Discovery, Contract
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J. Bell rules in favor of a glue manufacturer that sued a group of companies responsible for transporting and treating its wastewater, the disposal of which cost more than $7 million because the sued companies failed to properly deal with it. The manufacturer contracted with companies to treat and dispose of several thousand 275-gallon totes of the wastewater, but one of the companies did not do so and stored the totes on another’s property. The problem was left to fester until state and federal environmental authorities intervened and tested the water, which was found to contain toxic chemicals. The manufacturer had led all parties to believe the water was non-toxic, and thus, bears the burden of paying most of the $7 million needed by the EPA to dispose of the water properly. The companies in question and associated individuals have also expressed their inability to pay large costs and will be responsible to pay a total of over $576,000 toward the EPA’s balance.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 15, 2023, Case #: 5:21cv69, NOS: Environmental Matters - Other Suits, Categories: Environment, Government, Contract
Per curiam, the Vermont Supreme Court finds the trial court properly dismissed a citizen’s declaratory judgment and due process claims in favor of a bank for a mortgage foreclosure on his partner’s property. The citizen alleges he had a right to the property due to his ownership interest and he will be injured from the foreclosure. He is not a party beneficiary since he is not on the contract and does not give him any rights to assert claims that may arise. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 15, 2023, Case #: 22-AP-189, Categories: Property, Banking / Lending
J. Carney finds the superior court erred by terminating a father’s parental rights to his two Indian children after they were removed from his home because of reported domestic violence with their mother. “By failing to make active efforts for the vast majority of that time, OCS failed to make active efforts toward Ronan.” Reversed.
Court: Alaska Supreme Court, Judge: Carney, Filed On: December 15, 2023, Case #: S-18588, Categories: Family Law
J. Crothers dismisses an appeal for lack of jurisdiction after an individual challenged the district court’s finding that he has serious difficulty controlling his sexual behavior. The individual failed to timely appeal from a court order for continued commitment after an annual review hearing to determine whether he remains a sexually dangerous individual.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: December 15, 2023, Case #: 2023ND232, Categories: Commitment
J. Nardacci preserves on a motion to dismiss a labor law and employment contract complaint brought by a group of nurse practitioners against a Hudson Valley-based health care provider and two osteopathic medicine physicians alleging unpaid overtime compensation and unused vacation time. The health care provider argued the nurses’ approval of its offer of judgment absolved all defendants of liability on their first claims. However, the court finds the offer resolved claims only brought against the health provider itself, not the individual physicians, and further finds the provider is a joint employer and is thus jointly and severally liable for state and federal labor violations.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: December 15, 2023, Case #: 1:21cv220, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Health Care, Settlements
Per curiam, the Vermont Supreme Court finds the trial court properly awarded the parental rights and responsibilities, but improperly awarded the parent-child contact schedule, between a mother and father with one minor child. The mother has been the child’s primary care provider and both parties have good parenting skills for the best interest of the child. The father claims judicial bias regarding the schedule, arguing the court’s unsupported findings were biased against him, but fails to demonstrate this. The parent-child contact award is remanded for additional findings. Affirmed in part. Reversed in part.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 15, 2023, Case #: 23-AP-062, Categories: Family Law, Guardianship
Per curiam, the supreme court finds the attorney regulatory agency's referee properly called for a 60-day suspension of Matthew Luening's Wisconsin law license. The "unique facts" of Luenging's case and misconduct, which involve inappropriately using power of attorney to withdraw funds from a former client from Kenya's checking account, as well as for practicing law with a suspended license, support a 60-day suspension. His license is suspended for 60 days starting on January 26, 2024, and he is ordered to pay 25% of the $8,639 cost of his disciplinary proceeding.
Court: Wisconsin Supreme Court, Judge: Per curiam, Filed On: December 15, 2023, Case #: 2020AP002166-D, Categories: Attorney Discipline
J. Crothers finds that the district court properly issued a contempt order after a husband filed for divorce. The district court did not err in requiring the execution of a standard mortgage securing payment to the wife. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: December 15, 2023, Case #: 2023ND239, Categories: Family Law
J. Edwards finds that the lower court improperly terminated the mother's parental rights to her child. The evidence failed to establish that the department of human resources "properly investigated viable alternatives to the termination of the mother's parental rights." Specifically, the record contains "only minimal information" as to the department's efforts to find potential relative placements. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: December 15, 2023, Case #: CL-2023-0272, Categories: Evidence, Family Law
J. Boasberg dismisses a student's claims against Georgetown University arising from his dismissal from its school of medicine and a dean's allegedly inappropriate relationship with him. Most of his claims are untimely, and he fails to specify any terms of the contract between the parties and, therefore, cannot demonstrate the university's breach.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: December 15, 2023, Case #: 1:23cv2058, NOS: Other Civil Rights - Civil Rights, Categories: Education, Due Process, Contract
J. Suarez finds the lower court properly held Alex Jones in contempt of court for his failure to appear for a deposition in a lawsuit filed by victims of the Sandy Hook shooting. Although he provided letters from physicians that he was too ill to attend, his broadcast of a radio program from his studio on the same day cast significant doubt on that excuse and allowed the court to conclude his absence was willful. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: December 15, 2023, Case #: AC45401, Categories: Contempt, Sanctions
J. Calabrese grants, in part, the employer's motion for judgment on the pleadings, ruling the employee's Family and Medical Leave Act claims are barred against the county, which does not qualify as a public agency under the statute.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: December 15, 2023, Case #: 1:23cv713, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment Retaliation
Per curiam, the supreme court finds the attorney regulatory agency's referee properly called for a one-year suspension of Gary King's Wisconsin law license for misconduct which occurred while he was Eau Claire County District Attorney. King's two counts of misconduct, which relate to his repeatedly appearing drunk in court and in his office to the point of falling asleep and repeatedly sexually harassing female co-workers he supervised with unwanted comments and physical contact, warrant a significant sanction, and a one-year suspension is appropriate. His law license is suspended for one year starting on January 19, 2024, and he is ordered to pay the $5,927 cost of his disciplinary hearing within 60 days.
Court: Wisconsin Supreme Court, Judge: Per curiam, Filed On: December 15, 2023, Case #: 2022AP000745-D, Categories: Attorney Discipline
J. McEvers finds that the district court improperly denied a new trial motion in a matter condemning property. The lower court correctly determined that the arguments were not foreclosed for failure to appeal, however, the lower court improperly determined a drain project exceeded the maximum maintenance levy authorized by statute requiring the approval of the majority of landowners. Affirmed in part.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: December 15, 2023, Case #: 2023ND230, Categories: Property, Water
J. Southwick finds the district court improperly granted summary judgment in favor of the voter's advocacy organization, which challenges a Texas law requiring an original signature on registrations, arguing it violates the Civil Rights Act and the First and Fourteenth Amendments’ ban on undue voting rights burdens. Physically signing a form with warnings of penalties for perjury will dissuade false statements, the challenged statute imposes a small burden and the constitutional question grants states leeway in their authority. Texas’s interests in ensuring reliability and reducing fraud are sufficient to protect the "wet signature" rule from constitutional attack. Reversed.
Court: 5th Circuit, Judge: Southwick , Filed On: December 15, 2023, Case #: 22-50536, Categories: Civil Rights, Constitution, Elections
J. Clement finds the Federal Trade Commission improperly determined the DNA sequencing platform manufacturer's acquisition of its wholly-owned subsidiary cancer research entity violated the Clayton Act and ordered the merger be undone. The commission applied an erroneous legal standard at the rebuttal stage of its analysis, holding the manufacturer to a rebuttal standard that was incompatible with the plain language of the Act, which only prohibits transactions that will substantially lessen competition. Vacated.
Court: 5th Circuit, Judge: Clement, Filed On: December 15, 2023, Case #: 23-60167, Categories: Administrative Law, Agency, Technology
J. Wolson denies a law firm’s motion to dismiss a paralegal’s suit over how it disclosed that she hadn’t been vaccinated for Covid-19, confidential medical information, to a media outlet after it reported she was suing the firm for failure to pay her overtime wages. The paralegal has sufficiently pleaded a claim under the Americans with Disabilities Act.
Court: USDC Eastern District of Pennsylvania, Judge: Wolson, Filed On: December 15, 2023, Case #: 2:23cv2403, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Covid-19