177 results for 'filedAt:"2023-06-09"'.
J. Wall finds a lower court properly imposed a restitution plan on a defendant who pleaded guilty to robbery of a vehicle. The defendant argued that the $2,000 restitution plan is impractical based on lack of funds. However, the plan is reasonable because he is allowed to make payments of $15 per month during his 100 month prison sentence. Affirmed.
Court: Kansas Supreme Court, Judge: Wall, Filed On: June 9, 2023, Case #: 123,5, Categories: Robbery, Restitution
J. Robinson grants an agricultural technology company's motion to transfer contract claims against a commodities trading firm, which has one employee, to the U.S. District Court of Massachusetts. The company sufficiently showed that the lawsuit is not an exceptional case, and that the forum is not inconvenient.
Court: USDC Kansas, Judge: Robinson, Filed On: June 9, 2023, Case #: 2:23cv2036, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
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J. Labrit finds that the trial court improperly suppressed statements defendant made to the police during the execution of a search warrant for child pornography because the officers' questions were not based on things found during the search warrant and thus did not constitute "fruit of the poisonous tree." Reversed.
Court: Florida Courts Of Appeal, Judge: Labrit, Filed On: June 9, 2023, Case #: 2D22-2921, Categories: Search, Child Pornography
J. Kobes finds a lower court properly dismissed a group of motorists' Federal Tort Claims Act violations. The group argued that the Standing Rock Sioux Tribe was obligated to warn them about dangerous road conditions. However, the court lacked subject matter jurisdiction. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: June 9, 2023, Case #: 22-1721, Categories: Tort, Native Americans, Jurisdiction
J. Zmuda finds the trial court erroneously admitted phone calls recorded while defendant was incarcerated because the state's submission of the evidence as party submissions based on the fact defendant confessed to his involvement in several other drug buys is not an exception under evidentiary guidelines for other acts evidence. However, the error was harmless given the other substantial evidence of defendant's guilt, including testimony and audio from the undercover officers who conducted the controlled buy and defendant's admission of guilt immediately after the drug sale; therefore, his convictions will be upheld. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: June 9, 2023, Case #: 2023-Ohio-1921, Categories: Drug Offender, Evidence
J. Boyd finds the court of appeals properly ruled against the City of League City in a breach of contract case brought by a restaurant chain, in which it accused the city of failing to adhere to an agreement that would provide financial incentives for building a new restaurant in the city limits. The trial court and court of appeals denied the city’s jurisdictional plea to the suit, leading it to file a petition for review. Because the agreement was entered into on discretionary terms and does not serve a public service, the city is not entitled to governmental immunity. Affirmed.
Court: Texas Supreme Court, Judge: Boyd, Filed On: June 9, 2023, Case #: 21-0307, Categories: Government, Immunity, Contract
J. Gould finds that the district court properly dismissed an individual's action alleging that The Procter & Gamble Company violated California consumer protection laws by labeling some of its products with the words “Nature Fusion” in bold, capitalized text, with an image of an avocado on a green leaf. The individual relied heavily on a consumer survey commissioned by his counsel. The survey was not particularly instructive or helpful in deciding the matter as survey participants did not have access to the back label of the products. The omission "undermined the extent to which the panel could fairly rely on the survey results as being instructive of how the 'reasonable consumer' understood the phrase 'Nature Fusion.'" Affirmed.
Court: 9th Circuit, Judge: Gould, Filed On: June 9, 2023, Case #: 22-15080, Categories: Consumer Law
J. Wozniak finds the trial court incorrectly denied the motion to enforce a settlement agreement and unilaterally changed the terms in favor of the debtor. The agreed settlement in the amount of $60,000 was not paid in a timely manner, and there is no allowance for equitable "tweaking" in the terms of the agreement. Reversed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: June 9, 2023, Case #: 6D23-0112, Categories: Debt Collection, Settlements, Contract
J. Chuang denies a dental clinic its motion for partial dismissal that a dentist’s claims that the clinic’s counterclaims of breach of contract and misappropriation of trade secrets represents unlawful retaliation. The dentist, a biracial man who identifies as Black and Muslim, originally alleged breach of contract, unpaid wages, discrimination and retaliation. The clinic claims in response that the dentist did not give them any warning that he intended to run for political office, was late to client appointments, damaged company computers and engaged in sexual activities on the job. The dentist denies these and the clinic has not sufficiently argued them. The clinic allegedly never addressed these issues before firing the dentist, suggesting retaliatory behavior.
Court: USDC Maryland, Judge: Chuang, Filed On: June 9, 2023, Case #: 8:21cv829, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Self denies the employer's motion to dismiss an action brought by the employee as to claims for retaliation and discrimination in violation of Title VII and negligence. The action arose after the employee was demoted and fired for allegedly creating a hostile work environment by becoming the object of unwanted romantic advances from a co-worker. The employee sufficiently alleged that the co-worker, who was not fired, received more favorable treatment from the employer. However, the motion to dismiss is granted as to the employee's state law claims for discrimination.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: June 9, 2023, Case #: 5:23cv72, NOS: Employment - Civil Rights, Categories: Negligence, Employment Discrimination, Employment Retaliation
Per curiam, the appellate division finds that the trial court improperly allowed plaintiff to continue claims contending he was injured during a car collision as a passenger because he failed to point to economic loss stemming from the accident since he was unemployed at the time, and he also failed to demonstrate alleged cervical injuries were related to the accident and not his past medical history. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: CA 22-00686, Categories: Negligence
Per curiam, the appellate division finds that the trial court improperly allowed plaintiff to continue claims contending the school district refused to renew a high school football coach's contract during a closed meeting because the coach's contract had been renewed, and he stayed until he resigned in 2021. Meanwhile, an allegedly defamatory letter about the coach was privileged because the letter fell within the superintendent's role. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: CA 22-01439, Categories: Employment, Public Record
Per curiam, the Vermont Supreme Court finds that the trial court properly denied a mother's motion to modify parental rights and responsibilities and parent-child contact as to her child. The mother did not show a substantial change in circumstances. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: June 9, 2023, Case #: 23-AP-025, Categories: Evidence, Family Law
J. Brody finds that the district court properly upheld an administration hearing officer's rejection of a driver's challenge to the suspension of his driver's license. The 15-minute pretest observation period prior to a DUI blood-alcohol test is discretionary, so the three minutes during which an officer was not watching him did not compromise the test results that showed he was over the limit. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: June 9, 2023, Case #: 49298, Categories: Administrative Law, Licensing
Per curiam, the appellate division finds that the trial court improperly dismissed claims concerning the method with which health care providers removed a surgical sponge from plaintiff's pelvis at the end of surgery because the providers failed to demonstrate the claims were time-barred, and an affidavit from the physicians did not indicate they had a habit of discussing incidental notes with patients. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: CA 22-00006, Categories: Civil Procedure, Discovery, Medical Malpractice
J. Seeley finds the trial court erroneously dismissed the borrower's counterclaim in the foreclosure action. His petition to invalidate a lien placed on the property by the lender was not required to be brought in a separate action under Connecticut law. The relevant statute does not include the term "mortgage;" therefore, the lower court had jurisdiction over the counterclaim, which will be reinstated. Reversed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: June 9, 2023, Case #: AC45366, Categories: Civil Procedure, Jurisdiction, Banking / Lending
J. Montgomery finds the lower court properly denied defendant’s motion to dismiss. Defendant was convicted of two counts of perjury for signing affidavits indicating that he had personally served two civil summonses, when his girlfriend was actually the person who served them. Evidence is sufficient to support his convictions and effective sentence of 11 months and 29 days on probation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: June 9, 2023, Case #: E2022-00758-CCA-R3-CD, Categories: Evidence, Perjury
J. Nowell finds that the lower court properly denied appellant's third motion to return certain tangible property, including a wallet and retired law enforcement credentials. He fails to show that he is entitled to return of the property, as there was no finding that a warrant was issued without "good ground." Also, he fails to preserve his issue concerning certain digital property. Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: June 9, 2023, Case #: 05-22-00530-CV, Categories: Evidence, Property
J. Stanfill and the participating justices of the Maine Supreme Court answer certain questions propounded by the Maine Senate and the Maine House of Representatives in connection with four citizen-initiated measures. The transmittal of a measure by the secretary of state constitutes presentation to the legislature, and the Maine Constitution does not preclude its being carried over for consideration in a special session. Further, if a measure is enacted without change, then the identical measure in a proclamation by the governor must "not go to a referendum vote."
Court: Maine Supreme Court, Judge: Stanfill, Filed On: June 9, 2023, Case #: 2023ME34, Categories: Civil Procedure, Constitution, Government