129 results for 'filedAt:"2023-05-23"'.
[Consolidated.] J. Shea finds the district court improperly granted the decedent’s children’s motion to strike the estate’s notice of disallowance, granting the personal representative’s motion for summary judgment. Equitable claims, seeking to enforce a contract right, are outside a probate court’s limited subject matter jurisdiction. The court did not have subject matter jurisdiction over the children’s equitable claims, and so it erred by ruling on the personal representative’s motion for summary judgment. Reversed in part. Vacated in part.
Court: Montana Supreme Court, Judge: Shea, Filed On: May 23, 2023, Case #: DA 22-0524, Categories: Wills / Probate, Jurisdiction, Contract
J. Lange denied a motion by the United States for dismissal of the Oglala Sioux Tribe's amended complaint alleging a lack of reservation police protection for tribal members. The court grants an expedited preliminary injunction in part to the extent the the United States "may neither abandon altogether funding and support of the Tribe's law enforcement, nor act arbitrarily and capriciously, or otherwise in disregard of that duty." The court held that the United States should reevaluate the Tribe's requested funding including the service population data and provide technical assistance to refine the funding request.
Court: USDC South Dakota, Judge: Lange, Filed On: May 23, 2023, Case #: 5:22cv5066, NOS: Other Statutory Actions - Other Suits, Categories: Native Americans
J. Molberg finds that the lower court properly terminated the parental rights of the father and the mother to their child. Counsel for the mother indicated that there are "no arguable grounds for reversal," and the court agrees. The evidence also sufficiently supports the endangerment and best interest findings as to the father. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: May 23, 2023, Case #: 05-22-01337-CV, Categories: Civil Procedure, Evidence, Family Law
J. Faber grants the Mercer County Sheriff’s Department’s motion for summary judgment in a woman’s civil rights lawsuit claiming a deputy used excessive force when he placed handcuffs on her too tight while transporting her from jail to court for an appeal hearing on her misdemeanor conviction for domestic battery. The court finds the deputy is entitled to qualified immunity since the “court has not located nor have the parties pointed to a single case that would have put [the deputy] on notice that his refusal to loosen Pennington’s handcuff would violate her
constitutional rights.”
Court: USDC Southern District of West Virginia, Judge: Faber, Filed On: May 23, 2023, Case #: 1:21cv335, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
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J. Soto finds a lower court ruled correctly in convicting defendant of sexual assault of a child. Defendant argued there wasn’t adequate evidence to convict him and that the court had improperly barred him from cross-examining a witness — the mother of the alleged victim and defendant’s ex-wife, whom defendant argued was biased because she had an interest in related divorce and child custody proceedings — but this witness “did not dispute” that there were “difficulties in their marriage” and any benefit to defendant from cross-examining her “would have been minimal.” Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: May 23, 2023, Case #: 08-22-00206-CR, Categories: Evidence, Sex Offender, Witnesses
Per curiam, the Court of Appeals for Veterans Claims grants the Secretary of Veterans Affair’s motion to dismiss the vet’s application for attorney fees brought under the Equal Access to Justice Act after his case was remanded for development. The veteran has not demonstrated an extraordinary circumstance prevented timely filing, so equitable tolling is not warranted.
Court: Court Of Appeals For Veterans Claims, Judge: Per curiam, Filed On: May 23, 2023, Case #: 20-0945(E), Categories: Veterans, Due Process, Attorney Fees
J. Tapp grants a company a preliminary injunction to prevent the U.S. from awarding a contract to a competitor that failed to meet the requirements of the solicitation clause federal acquisition regulation.
Court: Court of Federal Claims, Judge: Tapp, Filed On: May 23, 2023, Case #: 23-443, Categories: Contract