153 results for 'filedAt:"2023-12-28"'.
J. Pritzker finds that the tax appeals tribunal improperly reduced personal income tax refunds based on credits a business claimed under a state economic development program. Using a formula to separate in-state from out-of-state income to calculate credits was unwarranted because the taxpayers' firm, of which they were 50% owners, did only in-state business during the affected tax year. Reversed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: December 28, 2023, Case #: 535976, Categories: Tax
J. Fuller finds that the trial court improperly ruled in favor of the driver and the insurer on the wife's claim for loss of consortium arising after her husband was injured in a car collision. The husband's earlier action and renewal action against the driver and insurer were dismissed. The wife's claim in the separate action was an independent claim which was not barred by the dismissal of the husband's action. Reversed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: December 28, 2023, Case #: A23A1465, Categories: Negligence
J. Joyce finds the trial court erred in failing to sua sponte declare a mistrial based upon allegedly improper statements that the prosecutor made during closing and rebuttal arguments. “From the prosecutor’s statements, the jury could have inferred that the prosecutor believed that defendant had lied and that the state’s witnesses were truthful, and the jury could have improperly evaluated the credibility on that basis.” Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: December 28, 2023, Case #: A176552, Categories: Firearms, Murder, Prosecutorial Misconduct
Per curiam, the North Dakota Supreme Court finds that the district court properly denied an application for post-conviction relief. Defendant alleged that he received ineffective assistance of counsel because his trial counsel failed to discredit a witness, failed to call an expert witness and failed to ensure a witness testified at trial. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: December 28, 2023, Case #: 2023ND244, Categories: Ineffective Assistance, Witnesses
J. Fenn finds that the lower court properly denied defendant's motion to suppress drug evidence during his trial for possession of cocaine. Defendant claims police entered his apartment without his consent or a warrant, but police were there to investigate a domestic violence report and one of the alleged victims gave implied consent to enter the apartment through her nonverbal gestures. Affirmed.
Court: Wyoming Supreme Court, Judge: Fenn, Filed On: December 28, 2023, Case #: S-23-0034, Categories: Drug Offender, Search
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J. Ortega finds the juvenile court properly asserted jurisdiction over an eight-year-old against her mother’s objection. “Although it did not expressly find that [the child’s] welfare would be endangered without oversight of the court and the department, there is evidence in the record to support that finding.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: December 28, 2023, Case #: A181642, Categories: Family Law
J. Mackey finds that the lower court properly found for the town in trespass and nuisance claims concerning sewer lines that ran through property purchased for development because survey maps and title insurance provided the buyer notice of an easement the former owner granted to the town years before. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: December 28, 2023, Case #: 535418, Categories: Property
J. Clark finds that the lower court improperly deemed a prenuptial agreement too vague to enforce in this divorce action because, while certain sections employed ambiguous language, a hearing should have been held to allow the parties to submit further extrinsic evidence. Thus, the equitable distribution of assets should be remanded as well. Reversed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: December 28, 2023, Case #: CV-23-0135, Categories: Family Law
J. Pritzker finds that the lower court improperly held that a father was owed child support because he was the custodial parent to their two children. The couple's divorce specified a 50-50 custodial arrangement, and since the father earned more, he should have been deemed the noncustodial parent who paid child support. Meanwhile, income should not have been imputed to the mother from the significant earnings of her new husband because they kept their finances separate. Limited remittal is necessary to calculate the father's support obligation. Reversed in part.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: December 28, 2023, Case #: 535852, Categories: Family Law
J. Atkins upholds the trial court’s dismissal of the patient’s motion to review an unfavorable jury verdict and a motion for a new trial in a medical malpractice case, confirming the jury’s finding that the patient’s primary care physician did not breach the standard of care when he failed to refer the patient to the emergency room after he was admitted with symptoms of cardiac arrest. The verdict was based on fair interpretation of the evidence and the trial court did not abuse its discretion in denying a new trial. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: December 28, 2023, Case #: 23-CA-0215, Categories: Jury, Medical Malpractice
Per curiam, the appellate division finds that the lower court properly permitted the condo board to submit copies of a partial stop work order and violations issued by the city against the subject unit. The unit owner was afforded sufficient opportunity to dispute the board's findings by presenting evidence in opposition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 28, 2023, Case #: 06800, Categories: Real Estate
J. Messitte partially dismisses an insurer’s motion to dismiss in this insurance dispute stemming from two highly valuable Porsches being stolen from the insured’s home. The insured seeks breach of contract and declaratory judgment because the insurer denied the claims, stating that the cars had never been registered. The breach of contract claim is denied since the insured could state a claim and the declaratory judgment items will be resolved through the breach of contract.
Court: USDC Maryland, Judge: Messitte, Filed On: December 28, 2023, Case #: 8:23cv310, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Contract
[Redacted.] J. Wolford declines to certify class claims contending companies repeatedly sent out nearly identical price increase announcements for caustic soda. The expert's regression model is not methodologically sound since the expert did not review individual contracts, and the model makes several assumptions, including that failing to properly classify certain contracts would have a minimal effect on the results. Meanwhile, the model fails to include a reliable proxy for global demand for the soda.
Court: USDC Western District of New York, Judge: Wolford , Filed On: December 28, 2023, Case #: 1:19cv385, NOS: Antitrust - Other Suits, Categories: Antitrust
J. Stiglich finds the district court properly entered a default judgment awarding damage for emotional distress and extorted money. The internet company employee threatened to publish the CEO's personal information, extorting money and cryptocurrency. Although the extortion claim was not properly pleaded in the action, the claim is supported by theories of conversion and unjust enrichment.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: December 28, 2023, Case #: 85214, Categories: Tort, Emotional Distress, Civil Extortion
J. Smith finds a lower court properly dismissed a class of patients' medical privacy claims against a health system. The class of patients argued that the health system provided their personal information on Google and Facebook, in order to obtain incentive payments and targeted ads. However, the health system presented sufficient evidence that the information uploaded in its portal was "depersonalized" metadata, and that the online patient portal is not a "basic governmental task," which triggers a remand to State court. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: December 28, 2023, Case #: 23-1107, Categories: Health Care, Privacy, Class Action
J. Rivas-Molloy finds that the lower court properly granted a county appraisal district’s plea to the jurisdiction in this property tax matter in which a property owner protested the 2019 appraised value of its property, which was denied by the Harris County Appraisal Review Board (HCARB). The property owner seeks to have HCARB reissue orders to essentially extend the deadline for it to protest, which is outside the scope of its authority. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: December 28, 2023, Case #: 01-21-00306-CV, Categories: Real Estate, Tax, Jurisdiction
J. Brown finds the lower court erroneously granted the senior living community's motion to dismiss a resident's request to see its bank statements. Records produced by a third party - in this case, the community's bank - are subject to disclosure to a resident under the Colorado Common Interest Ownership Act and clearly fall under the category of a "detailed record of receipts and expenditures." Reversed.
Court: Colorado Court Of Appeals, Judge: Brown, Filed On: December 28, 2023, Case #: 2023COA125, Categories: Evidence, Public Record
J. Westbrook finds the district court improperly dismissed the estate's claims for negligence and wrongful death. The estate filed a survivorship suit a year after the decedent's death, which was dismissed as time-barred. The motion for reconsideration as timely of the claim's construal as wrongful death was dismissed for failure to state a claim. However, the affidavit of merit is not required to propose causation in order to support a negligence-base wrongful death claim. Reversed.
Court: Nevada Court of Appeals, Judge: Westbrook , Filed On: December 28, 2023, Case #: 84978-CoA, Categories: Health Care, Due Process, Wrongful Death
J. Williams declines to bar evidence in claims contending plaintiff suffered economic injury from business interruption, demolition, and cleanup damages in a dispute over a faulty poultry cage system because repair and cleanup costs were directly related to physical damage caused by the collapse of the cage system.
Court: USDC Northern District of Iowa, Judge: Williams, Filed On: December 28, 2023, Case #: 5:21cv4007, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Property, Damages, Discovery
J. Powers finds the juvenile court erred in placing youth in a facility because its written findings were inadequate to support the judgment. Although “the juvenile court gave more explanation in its oral ruling, that reasoning is not part of the court’s written findings and therefore does not meet the statutory requirement for written findings.” Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: December 28, 2023, Case #: 177760, Categories: Juvenile Law
J. Reynolds Fitzgerald finds that the lower court properly dismissed a mother's request for custody of her three children following the death of her sister, who had custody of two of them. A niece who assumed care, and a friend who had custody of the third child, demonstrated that their custodial arrangements suited the best interests of the children since the mother admitted to mental health struggles and lagged in contacting the children. Reducing the mother's parenting time was appropriate given the anxiety her no-show tendencies caused at least two of the children. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: December 28, 2023, Case #: 535570, Categories: Family Law
J. Wood grants General Electric's motion to dismiss claims for breach of warranty and non-pecuniary damages raised by the executrix and flight crew members in an action arising after the decedent died and several of the crew members were injured in a helicopter crash that occurred during a military training exercise. However, the motion is denied with respect to the executrix's and crew members' product liability, punitive damages, wrongful death and survival claims. The political question doctrine does not bar adjudication of the claims.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: December 28, 2023, Case #: 4:19cv211, NOS: Airplane Product Liability - Torts - Personal Injury, Categories: Product Liability, Wrongful Death