183 results for 'filedAt:"2023-06-30"'.
J. Bolden grants an insurer's motion to dismiss, ruling the car owner's request for over $13,000 in compensatory damages fails to meet this court's threshold, even if punitive damages were found; therefore, the district court lacks jurisdiction.
Court: USDC Connecticut, Judge: Bolden, Filed On: June 30, 2023, Case #: 3:22cv1456, NOS: Insurance - Contract, Categories: Insurance, Damages, Jurisdiction
J. Kenworthy finds that the trial court properly found a child in need of government intervention based on a report of child abuse because evidence indicates the parents abused drugs and that the child was in danger. Affirmed.
Court: Indiana Court Of Appeals, Judge: Kenworthy, Filed On: June 30, 2023, Case #: 22A-JC-2836, Categories: Family Law
J. Wendlandt finds the lower court properly refused to suppress evidence during defendant's trial for the murder of his 83-year-old father, whom he beat and suffocated. The arresting officers who approached defendant were acting within a community caretaking function, as defendant appeared to be stranded and suffering from a mental health crisis, and the officers were not aware at the time he was wanted in connection with the murder. Affirmed.
Court: Massachusetts Supreme Court, Judge: Wendlandt, Filed On: June 30, 2023, Case #: SJC-13134 , Categories: Constitution, Evidence, Murder
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J. Gallo denies the students' motion for reconsideration concerning a discovery ruling in favor of the University of San Diego in the students' putative class action seeking tuition refunds in light of Covid-19 campus closures. The students seek reconsideration of a ruling striking their expert's report from the record and use at trial, but they fail to sufficiently argue that the report, which was submitted after the deadline, was a supplement instead of an entirely new report.
Court: USDC Southern District of California, Judge: Gallo, Filed On: June 30, 2023, Case #: 3:20cv1946, NOS: Other Contract - Contract, Categories: Education, Experts, Discovery
J. Anello grants a private country club's motion to compel arbitration concerning a female member's complaint alleging that the club treated male members more favorably than their female counterparts. The female member argues that the membership contract did not contain an arbitration agreement, which was instead contained in the club's bylaws. While this is true, the membership bylaws are mentioned repeatedly in the contract and the member signed an acknowledgement of receipt of those bylaws.
Court: USDC Southern District of California, Judge: Anello, Filed On: June 30, 2023, Case #: 3:22cv1688, NOS: Other Civil Rights - Civil Rights, Categories: Arbitration, Civil Rights, Contract
J. Davis finds a lower court properly dismissed an airline group's motion to appeal a ruling in favor of the secretary of State for business and industrial strategy. The airlines argued that the court lacks jurisdiction to force it to establish two work councils. However, the central arbitration committee has jurisdiction over the parties' dispute. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Davis, Filed On: June 30, 2023, Case #: CA-2022-2486, Categories: Arbitration, Jurisdiction
J. Henderson denies a railroad's petition for review of the Surface Transportation Board's determination that previous corporate-family consolidations did not authorize the railroad to control a certain line. Contrary to the railroad's argument, the board followed regulatory text and structure, and sufficiently explained its reasoning.
Court: DC Circuit, Judge: Henderson, Filed On: June 30, 2023, Case #: 22-1209 , Categories: Administrative Law, Corporations, Transportation
J. Tatel upholds the district court's determination regarding withheld information in a group's Freedom of Information Act case, in which it sought records the Federal Aviation Administration relied upon during its recertification of Boeing 737 MAX airplanes following two fatal crashes. The FAA sufficiently supported its decision to withhold certain records under exemption 4. Affirmed.
Court: DC Circuit, Judge: Tatel, Filed On: June 30, 2023, Case #: 21-5257 , Categories: Public Record, Aviation
[Consolidated.] J. Katsas denies a county's petition for review concerning the Environmental Protection Agency's reversal of its own 2018 decision, in which it had determined the county had attained ozone pollution standards. The EPA reasonably relied on the same data it used to make its original designation, rather than updated information, when it reversed its decision in 2021.
Court: DC Circuit, Judge: Katsas, Filed On: June 30, 2023, Case #: 21-1263 , Categories: Environment
J. Frierson finds the lower court properly modified a parenting schedule. The parents chose to deviate from the permanent parenting plan (PPP), opting for a plan mimicking that of the summer vacation schedule outlined in the existing PPP, which appeared to work for the parents and the child. Because the father proved a material change in circumstance and the lower court found the plan to be in the child’s best interest, it modified the PPP, essentially formalizing the plan the parents were already exercising. Affirmed.
Court: Tennessee Court of Appeals, Judge: Freirson, Filed On: June 30, 2023, Case #: M2022-00614-COA-R3-CV, Categories: Family Law
J. Johnson finds the county court properly dismissed the beneficiary's complaint to modify his irrevocable trust. The various proposed modifications, such as deleting provisions for gifts on his death and simply terminating the trust are inconsistent with the trust's material purposes, namely the maximizing of resources to help petitioner become self-sufficient. The modifications are also not consistent with purposes as to the trustee, which center upon the use of assets for trust purposes, including assisting petitioner with limited amounts for various purposes such as business and medical expenses. Affirmed.
Court: Illinois Appellate Court, Judge: Johnson , Filed On: June 30, 2023, Case #: 1-22-1120, Categories: Trusts, Wills / Probate, Contract
J. Harris finds the trial court improperly granted summary judgment to Panera in a lawsuit from a consumer who tripped and fell over the weighted base of a sign on the sidewalk in front of one of Panera's restaurants. Important disputes of fact remain regarding whether the sign, which is not a common or everyday object people encounter, was open and obvious and even supposed to be where it was positioned by the entrance to the restaurant. Because the trial court did not properly address Panera's potential negligence, its summary judgment order is overturned and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: June 30, 2023, Case #: 22-1496, Categories: Negligence, Premises Liability
J. Behm partially grants the staffing company's motion to dismiss a negligence and breach of implied contract class action as to claims for unjust enrichment and declaratory judgment. The action arose after the individual's personal identifiable information was exposed in a cyberattack due to the company's alleged failure to properly safeguard their computer network. The individual failed to show that the company obtained some monetary benefit or profit from him to support the unjust enrichment claim. However, the individual alleged sufficient damages to state a negligence claim, including the fact that his information was used by someone to fraudulently apply for a loan.
Court: USDC Eastern District of Michigan, Judge: Behm, Filed On: June 30, 2023, Case #: 4:22cv12086, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Class Action, Contract
[Consolidated.] J. Gilman finds the trial court properly denied defendants' request for a buyer-seller jury instruction during their trial on drug trafficking and conspiracy charges. Not only did portions of the requested instruction contained incorrect statements of law, but the conspiracy instruction covered all elements of the conspiracy and the criminal acts with which defendants were charged. However, defendants' sentences must be vacated because the trial court failed to determine the purity of the total amount of methamphetamine mixture sold. Vacated in part.
Court: 6th Circuit, Judge: Gilman, Filed On: June 30, 2023, Case #: 21-6161, Categories: Drug Offender, Sentencing, Jury Instructions
[Consolidated.] J. Sulek finds that text messages between defendant and another individual involved in a human trafficking plot proved defendant knew he was transporting the first female victim from Georgia to Ohio to force her into prostitution, and when combined with searches on his phone for "pimping rules" and numerous profiles he created for the victim on various social media outlets, there was more than enough evidence for the jury to convict him of human trafficking. Meanwhile, all of defendant's sentences are within statutory limits for his crimes and none are grossly disproportionate to the nature of his offenses; therefore, his 90-year minimum sentence does not constitute cruel and unusual punishment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sulek, Filed On: June 30, 2023, Case #: 2023-Ohio-2248, Categories: Sentencing, Cruel And Unusual Punishment, Human Trafficking
J. Sutton finds the trial court properly held for a hospital and its employees in a custody suit filed by the former patient. They are immune as a result of the conservatorship established when the patient was first treated, as it acted only on the conservator's advice when it limited the mother's visitation and eventually removed the patient from her custody. Affirmed.
Court: Ohio Court Of Appeals, Judge: Sutton, Filed On: June 30, 2023, Case #: 2023-Ohio-2225, Categories: Family Law, Health Care
J. Pipkin finds that the trial court properly ruled partially in favor of the company in an action brought by the former employee seeking a declaration that restrictive covenants in an operating agreement were void and unenforceable against him and his companies. The trial court correctly found that the restrictive covenants were controlled by Georgia’s Restrictive Covenants Act rather than by common law and were enforceable. The employee's claim that the restrictive covenants are void because they are indefinite is meritless. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 30, 2023, Case #: A23A0369, Categories: Employment, Contract
J. Grassl Bradley finds the court of appeals improperly reversed the circuit court's denial of the father's motion to withdraw a no contest plea he entered in a child protective services case that ultimately ended with the termination of his parental rights, which he asserts he did not fully understand was potentially at stake. The circuit court properly informed the father that termination of his parental rights was one of multiple possibilities at the disposition stage, and the state was found to have met a clear and convincing evidence burden to prove termination was in the child's best interest even though it was not legally required to meet that burden. Given other evidence showing the father understood his plea deal, it remains valid despite his assertion that he thought a more favorable outcome would come of it. Reversed.
Court: Wisconsin Supreme Court, Judge: Grassl Bradley, Filed On: June 30, 2023, Case #: 2022AP000652, Categories: Civil Procedure, Family Law
Per curiam, the appellate division finds that the trial court properly convicted defendant of bail jumping and criminal contempt after he failed to appear at the final day of trial for sexual abuse and fled to Canada. The post-indictment delay of more than 18 years had been caused by defendant leaving a false suicide note and absconding to Canada, and prosecutors properly estimated a low likelihood of extradition from that country. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 30, 2023, Case #: KA 20-01224, Categories: Bail, Speedy Trial, Contempt
J. Otake grants the planning department's motion to dismiss, ruling the condo complex lacks standing to bring a takings claim on behalf of its members for enforcement of a zoning ban on short-term rentals because such a claim would require individual participation by all of the members of the complex. Although each owner has theoretically suffered the same injury, there is no way to determine damages without individual participation, and because injunctive relief is not allowed in a takings claim, that portion of the suit must be dismissed.
Court: USDC Hawaii, Judge: Otake, Filed On: June 30, 2023, Case #: 1:22cv162, NOS: All Other Real Property - Real Property, Categories: Constitution, Property, Zoning
J. Mikva finds the sentencing court improperly sentenced defendant to 100 years in prison for a murder committed when he was 16 years old. After the United States Supreme Court held that mandatory life sentences without parole for juvenile offenders violate the eighth amendment, the case was remanded, and the same de facto life sentence of 100-years was imposed. The judge was predisposed on remand to impose the same sentence, failing to give fair consideration to youth-based sentencing factors or to the full range of sentences now available under the new sentencing scheme for juveniles. Reversed and remanded with directions.
Court: Illinois Appellate Court, Judge: Mikva , Filed On: June 30, 2023, Case #: 1-22-0035, Categories: Juvenile Law, Murder, Sentencing
Per curiam, the appellate division finds that the trial court properly dismissed claims seeking to annul a determination that a construction project adhered to state and local environmental and zoning laws because the project, which began in late 2021, is substantially complete, and the group had not moved for a preliminary injunction. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 30, 2023, Case #: CA 22-01164, Categories: Construction, Property, Zoning
Per curiam, the appellate division finds that the trial court improperly granted trustees a preliminary injunction to halt mining operations and directing that the property be sold because the trustees failed to show a likelihood of success and failed to produce evidence indicating that partitioning the property would cause the owners great prejudice. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 30, 2023, Case #: CA 21-01407, Categories: Property