170 results for 'filedAt:"2023-06-22"'.
J. Sales finds a lower court properly ruled in favor of a coroner on a family's breach of duty against a nursing home. The family argued that their decedent, who has Down's Syndrome and suffered from pneumonia, was deprived of adequate medical care before she died of cardiac arrest. However, the coroner presented sufficient evidence in court that the nursing home applied the proper standard of care. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Sales, Filed On: June 22, 2023, Case #: 23UKSC20, Categories: Health Care, Wrongful Death
J. St. Eve finds that the bankruptcy court properly dismissed the trustee's lawsuit alleging that the debtor orchestrated a payoff agreement weeks before it declared bankruptcy as part of an attempt to keep its Ponzi scheme running just a little bit longer. The payoff agreement was not avoidable because it does not qualify as a transfer of "an interest of the debtor in property." Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: June 22, 2023, Case #: 22-2436, Categories: Bankruptcy
J. Wollman finds a lower court improperly imposed restitution against a business owner who was found guilty of wire fraud, theft of government funds, and two counts of social security fraud. The government argued that it properly calculated the amount of restitution he owed after he failed to report that he was the owner of a somewhat profitable heating and cooling company, and that he fraudulently collected $168,456 in social security benefits. However, he presented sufficient evidence in court that the government failed to present the accurate date when he became ineligible for benefits. Reversed.
Court: 8th Circuit, Judge: Wollman, Filed On: June 22, 2023, Case #: 21-3839, Categories: Fraud, Social Security
J. Clark finds that the lower court properly dismissed a request seeking blanket paid leave for union members who become affected when New York orders mandatory or precautionary quarantine or isolation, as occurred with Covid-19. As set by recent precedent, such paid leave requires inquiry into individual members' particular circumstances in seeking time off. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: June 22, 2023, Case #: 535261, Categories: Covid-19, Labor / Unions
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J. Garry finds that the lower court improperly dismissed a request to review the finding that precedent barred contract negotiations on discipline for unionized firefighters in certain-sized cities in New York. The parties agree remittal is necessary because, during pendency, state lawmakers passed legislation "declaring it public policy" that disciplinary procedures for firefighters are subject to mandatory contract negotiation. Reversed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: June 22, 2023, Case #: 535052, Categories: Civil Procedure, Contract, Labor / Unions
J. Jones finds the trial court improperly ruled against the individual in his Texas Public Information Act lawsuit against the University of Texas. The individual sufficiently establishes that the documents he requested are public information, thereby waiving the university’s claim to governmental immunity. Reversed.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: June 22, 2023, Case #: 03-22-00196-CV, Categories: Government, Public Record, Immunity
J. Silva finds that the lower court properly terminated the mother's parental rights to four of her children. Contrary to the mother's argument on appeal, the evidence sufficiently supports the findings. Specifically, there was evidence of drug use and allegations of domestic violence. One of the fathers also appeals from the termination of his rights, but his appeal is without merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: June 22, 2023, Case #: 13-23-00049-CV, Categories: Evidence, Family Law
J. Fisher finds that the lower court properly declined to find for a ski resort in personal injury claims brought after plaintiff crashed head first into a haybale at the end of a snow tubing hill. While some assumed risk accompanied the activity, questions of fact remain as to whether the danger had been elevated by frozen bales, which could have occurred from a combination of water infiltrating the plastic-wrapped hay and below-zero temperatures. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: June 22, 2023, Case #: 535230, Categories: Tort
Per curiam, the court finds a lower appellate court partially erred in allowing multiple convictions against defendant to stand. While defendant’s arguments at appeal were mostly fruitless, he is correct that he should not have been convicted for both assaulting a police officer and resisting arrest because his “underlying conduct is unitary” and convicting him on both violates principles of double jeopardy and the Fifth Amendment. Reversed in part.
Court: New Mexico Supreme Court, Judge: Per curiam, Filed On: June 22, 2023, Case #: S-1-SC-39313, Categories: Constitution, Double Jeopardy, Resisting Arrest
J. Vigil orders a lower court to set a new trial for defendant on a murder charge. In a separate case, this court set a new “felonious purpose” standard for cases like this one, in which defendant was ultimately charged with higher murder charges after he shot from or at a motor vehicle. Defendant is right that this other case narrowed “the scope of punishable conduct underlying the crime of felony murder” and that the theory underlying his prosecution is now “legally invalid.” Reversed.
Court: New Mexico Supreme Court, Judge: Vigil, Filed On: June 22, 2023, Case #: S-1-SC-38177, Categories: Murder, Vehicle, Due Process
J. McShan finds that the lower court properly declined to dismiss medical malpractice claims brought after plaintiff developed an eye infection over a long holiday weekend because plaintiff's medical experts raised triable issues as to whether advice his regular provider gave over the phone met the standard of care and whether plaintiff received an adequate exam in the emergency room. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: June 22, 2023, Case #: 534856, Categories: Experts, Medical Malpractice
Per curiam, the circuit finds that the district court properly denied defendant habeas relief after state convictions for rape, sexual abuse, and endangering a minor were upheld on direct appeal. Defendant contends that jury instructions on intoxication undermined his right to make decisions about his own defense, but the instruction did not violate clearly established federal law. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 22, 2023, Case #: 21-2210, Categories: Habeas, Jury, Sex Offender
Per curiam, the appellate division finds that attorney Robert Morris Cohen should be disbarred following the interim suspension imposed in June 2022 during an investigation into client neglect, with which Cohen failed to cooperate; after two more complaints surfaced, Cohen continued to be uncooperative. Given his continuing noncompliance, his pattern of client neglect, and allegations that he continued to practice while suspended, disbarment is appropriate.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 22, 2023, Case #: PM-131-23, Categories: Attorney Discipline
J. Guerrero finds the appeals court misinterpreted the force requirement of the kidnapping statute where the victim is deceived while intoxicated. Defendant transported and then raped an intoxicated victim after telling her he could find her lost cell phone. The force requirement for an intoxicated person is the same as for an infant or child, who cannot provide legal consent, cannot fathom illegal intent and may willingly go with a deceptive kidnapper. Combined with the illegal intent that he had to commit rape, the jury had adequate findings to convict defendant of kidnapping. Reversed.
Court: California Supreme Court, Judge: Guerrero, Filed On: June 22, 2023, Case #: S272627, Categories: Sex Offender, Kidnapping, Jury Instructions
J. Navarro finds that the trial court must revisit issues of material fact about whether a warranty of title applied to a car sold by a pawn broker that later turned out to be stolen. The sold "as is" language in the bill of sale did not exclude the warranty of sale required by statute. The pawn broker did not add specific language warning that the buyer was assuming all risks that the seller may not own the car it was selling, but ambiguity about how much the buyer knew about the title should have precluded summary judgment. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Navarro, Filed On: June 22, 2023, Case #: 22CA0916, Categories: Insurance, Consumer Law, Warranty
J. Pipkin finds that the trial court properly denied defendant's motion to dismiss a pending indictment on charges which are unspecified in the ruling. Defendant sought to dismiss for failure to dispose of the charges within 180 days as required by Article III of the Interstate Agreement on Detainers Act. There was evidence showing that defendant's request for final disposition of the charges under the Act was not actually delivered to the prosecuting officer or the court. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 22, 2023, Case #: A23A0120, Categories: Criminal Procedure
J. Kamins finds the trial court properly convicted defendant of violating a speed limit. “A lack of additional calibration tests is not enough to raise authenticity questions.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: June 22, 2023, Case #: A177167, Categories: Experts
Per curiam, the appeals court finds that the trial court properly refused to exercise jurisdiction over the three children and correctly denied the department's petition to make the children in-home temporary court wards. Although the trial court incorrectly granted the parent's motion for a directed verdict, the error was harmless because there was evidence to support the decision not to exercise jurisdiction. The parent was no longer physically disciplining the children by the time the action was filed and had voluntarily completed services to address the department's concerns. Affirmed.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: June 22, 2023, Case #: 364195, Categories: Family Law
J. Gallagher finds the lower court properly granted permanent custody of one of the mother's children to family services. Although the mother completed the drug rehab portion of her case plan and maintained her sobriety, the physical abuse that occurred at her home, including locking the child alone in a room for hours at a time and "whooping" the child with a belt, prevented reunification. Furthermore, the other children were properly placed in the custody of other family members because of the same type of physical abuse. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: June 22, 2023, Case #: 2023-Ohio-2067, Categories: Evidence, Family Law
J. Aarons finds that the lower court properly declined to dismiss a mining firm's request for declaratory relief on improvements to a private road used to haul materials from a mine to a riverside dock awaiting city approval, as the record indicates the application had been completed. However, the court's directive must be clarified to eliminate any suggestion that it was directing approval; instead, the directive must indicate that a decision on the application "is directed to issue forthwith." Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: June 22, 2023, Case #: 536178, Categories: Commerce, Municipal Law
J. DeSoto finds in favor of two financial corporations after an individual sued them to prevent them from foreclosing on his property. It is undisputed that the individual has been in default on his mortgage loan for more than a decade, and so all of the foreclosure proceedings have been just and are in line with state law.
Court: USDC Montana, Judge: DeSoto, Filed On: June 22, 2023, Case #: 1:22cv67, NOS: Foreclosure - Real Property, Categories: Foreclosure
J. Barnes finds that the trial court improperly ruled in favor of the city and the property owners in a certiorari action brought by the neighbors arising from a dispute over whether the city's urban design commission properly approved a certificate of appropriateness for the redevelopment of two land parcels. The trial court failed to properly consider the neighbors' substantive challenges to the merits of the commission's decision. Vacated.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: June 22, 2023, Case #: A23A0370, Categories: Property
J. Carbullido finds that a trial court properly convicted defendant of murder and use of a deadly weapon in the shooting death of a man involved in a fight with defendant. The decision to exclude videos showing that people other than defendant would have reason to want the victim dead was proper, as the videos ran the risk of confusing the jury and would not have provided an alternative reason for why defendant was found with the murder weapon. The court did err by allowing several witnesses to invoke the Fifth Amendment, but any testimony they could have given was unlikely to weaken other evidence against defendant. Excluding potential jurors over 65 years old did not affect the trial outcome as community members over 65 are allowed to claim exemption, especially under Covid-19 safety protocols in effect during the trial. Affirmed.
Court: Guam Supreme Court, Judge: Carbullido, Filed On: June 22, 2023, Case #: CRA21-3, Categories: Jury, Murder, Weapons