171 results for 'filedAt:"2023-07-31"'.
J. Usman finds the lower court properly found that a father is willfully underemployed and properly adjusted his monthly child support obligation going forward. The lower court improperly calculated the amount of retroactive child support he owed, because they only assessed it for a period in which he did not pay any child support, rather than including the months that he did pay regularly, but the amount was less than the current rate. The matter is remanded for recalculation of retroactive child support owed. Affirmed in part.
Court: Tennessee Court of Appeals, Judge: Usman, Filed On: July 31, 2023, Case #: M2021-01189-COA-R3-JV, Categories: Family Law
J. Osteen grants, in part, a blind individual's motion for summary judgment on her Americans with Disabilities Action against a plasma donor bank. The individual is entitled to a declaratory judgment that the facility violated the ADA when it refused to allow her to access the donor floor with her service dog, and she is entitled to an injunction allowing her to be assisted by her animal when she donates plasma.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: July 31, 2023, Case #: 1:21cv953, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Injunction
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J. Colloton finds a lower court properly dismissed a group of food service manager's free speech claims against their union. The food service managers argued that the labor union deducted union dues from their pay without authorization. However, the union sufficiently showed in court that the service managers failed to state a claim. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: July 31, 2023, Case #: 21-3052, Categories: Employment, Labor / Unions
J. Worthen finds the county court properly authorized administration of psychoactive medication to the defendant who was found incompetent to stand trial and was committed to the state hospital. The treating physician testified that defendant would regain competency more quickly if the medications are administered, that the medications constitute the proper course of treatment, the benefits outweigh the risks and that the medications are in defendant’s best interest. She also testified that no alternatives were available. There was no disputed evidence that the trial court could not reasonably have resolved in favor of its ruling. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: July 31, 2023, Case #: 12-23-00143-CV, Categories: Commitment, Competence
[Consolidated.] Per curiam, the appeals court finds the trial court properly revoked defendant’s term of community supervision for his convictions for possession of a controlled substance and tampering with physical evidence. He pleaded “true” to allegations of failure to report, marijuana possession and use, failure to submit to urinalyses, failure to perform community service restitution, and failure to submit to a treatment program. He did not agree when the state recommended 12 months of confinement instead of 10, as sought by counsel. The court entered a plea of “not true” on his behalf, then found him guilty by a preponderance of evidence, and sentenced him to six years in the tampering case. Defendant’s counsel has properly filed a brief agreeing with the court that there is no reversible error or jurisdictional defect in the decision. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: July 31, 2023, Case #: 12-22-00295-CR, Categories: Drug Offender, Evidence, Plea
Per curiam, the appeals court finds the trial court properly convicted defendant for assault and evading arrest or detention in a vehicle. Undisputed evidence shows that the victim was sitting with defendant’s fiancee or ex-fiancee on her front porch when defendant attacked him. Police attempted to initiate a traffic stop on defendant later that night which resulted in defendant leading officers on a high-speed chase. All evidence supports conviction, and counsel’s motion for leave to withdraw is granted. A $10,000 fine is not authorized by the statute under which defendant’s punishment was assessed and is deleted. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: July 31, 2023, Case #: 12-22-00261-CR, Categories: Assault, Escape
J. Ranjan finds that a University of Pittsburgh Medical Center cardiothoracic surgeon and surgical resident are entitled to legal defense under their employer’s liability policy from defamation claims by the chair of the hospital’s cardiothoracic surgery department, alleging the couple illegally obtained evidence with which to start a retaliatory smear campaign against him after he discovered their workplace romantic affair and reassigned them to separate work areas. The court finds that because it is within the doctor’s job description to ensure the safety of their patients, the hospital insurer has a duty to defend them from allegations relevant to their job duties, such as accessing patient medical records to facilitate a medical malpractice claim from a botched lung transplant, and bugging an exam room to record a conversation between the department chair and his physician about his own Suboxone use.
Court: USDC Western District of Pennsylvania, Judge: Ranjan, Filed On: July 31, 2023, Case #: 2:22cv1042, NOS: Insurance - Contract, Categories: Insurance, Whistleblowers, Employment Retaliation
J. Pratt finds partially in favor of the state defendants in a disability benefits case. The individual fails to show that the state defendants lack immunity against his claims related to the termination of his long-term disability benefits. In addition, the remaining state claims for unlawful termination and breach of contract are complex, and should be heard in that venue.
Court: USDC Southern District of Indiana, Judge: Pratt, Filed On: July 31, 2023, Case #: 1:21cv2626, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Jurisdiction
J. Alston denies the trucking company's motion to dismiss for failure to state a claim. The former employee whose boss/uncle allegedly sexually harassed her on a business trip plausibly alleged facts in her complaint sufficient to demonstrate that the harassment (asking about her sex life, touching her, and suggesting intercourse) was pervasive or severe enough to constitute a Title VII hostile work environment claim.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: July 31, 2023, Case #: 1:22cv12, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Clement finds the trial court improperly convicted defendant for aiding and abetting a pair of armed robberies as the getaway driver. Two victims and two perpetrators were shot, and defendant drove a perpetrator to the hospital and was arrested when the vehicle was found to be stolen. Coercive interrogation techniques yielded involuntary statements and the court improperly overruled counsel’s objection to their being admitted. Defendant’s association with the shooters’ vehicle at the hospital is probative of guilt, but not sufficient to conclude beyond a reasonable doubt that a jury would have found him guilty absent the error. Reversed and remanded.
Court: Michigan Supreme Court, Judge: Clement, Filed On: July 31, 2023, Case #: 162497, Categories: Murder, Robbery, Accomplice Liability
J. Schreier grants the county's motion to dismiss in part in a matter arising from a dispute over an agriculturally zoned property. The property owner and property renter sought to use the property for large events including weddings, family reunions and other large social events. The owner and renter further allege that, over the course of over two years, the county threatened them with fines, injunctions and investigations. A number of claims survive because absolute prosecutorial immunity is limited to claims for money damages.
Court: USDC South Dakota, Judge: Schreier, Filed On: July 31, 2023, Case #: 4:22cv4124, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Zoning
J. Pipkin finds that the trial court improperly held the potential juror in criminal contempt for discussing the facts of a criminal case in violation of the court's order not to speak to anyone about the case. The potential juror was sentenced to five days in jail and fined $1,000 for talking to other jurors about the case. The evidence was insufficient to hold the potential juror in contempt. The court's order was given as jurors were leaving on the evening of the first day of jury selection and could have been understood as barring them from talking about the case after leaving rather than barring them from discussing the facts of the case amongst themselves the next day. Reversed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: July 31, 2023, Case #: A23A0649, Categories: Jury, Contempt
J. Broomes grants in part the university's summary judgment motion in this lawsuit concerning a $100 million grant from a foundation established by two brothers seeking to recognize their parents and "contribute to the advancement of a global society at peace." The foundation plaintiffs' suit asserts claims against the university for breach of contract and fraudulent inducement and seeks the return of "all payments" under the grant agreement. However, the university is entitled to summary judgment on certain contract issues, including "the quality of the March 2017 Definitive Operating Plan and Budget," as well as the timeliness of the faculty appointments. Also, the foundation's partial summary judgment motion is denied.
Court: USDC Northern District of Oklahoma , Judge: Broomes, Filed On: July 31, 2023, Case #: 4:18cv99, NOS: Other Contract - Contract, Categories: Education, Contract
J. Kenworthy finds that the trial court properly ruled in a dispute over a property easement. The evidence showed that the property owners were entitled to only a partial specific judgment on their claims, namely that they are allowed use of the easement to access their property. Affirmed.
Court: Indiana Court Of Appeals, Judge: Kenworthy, Filed On: July 31, 2023, Case #: 22A-PL-1258, Categories: Civil Procedure, Property
J. Wilson finds that the district court properly ruled in favor of the university in a breach of contract action brought by the student alleging that the university should refund a portion of her spring 2020 tuition payment because she did not receive the expected benefit of in-person learning due to the Covid-19 pandemic. The district court correctly found that even if a contract between the parties did exist, the university retained the right to alter its procedures and temporarily close its facilities in response to the pandemic. The student's unjust enrichment claim fails because she did not show that the value of the benefit she received in the form of a temporarily remote education was out of step with the value of the tuition payment she provided to the university. Affirmed.
Court: 11th Circuit, Judge: Wilson, Filed On: July 31, 2023, Case #: 23-10299, Categories: Education, Covid-19, Contract
J. Soto finds a lower court ruled mostly correctly in a convoluted dispute between a mineral lessee and the surface-estate owner over mineral rights. While the lower court was right to grant summary judgment to the mineral lessee, it erred in its determination of attorney fees, and this court therefore will “suggest a remittitur” to lower that fee award slightly. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: July 31, 2023, Case #: 08-22-00198-CV, Categories: Civil Procedure, Energy, Attorney Fees
Vice Chancellor Laster grants an award of attorney fees and expenses in the amount of $266.7 million following a $1 billion settlement of this class action on the eve of trial. Eschewing the declining-percentage method used in federal courts for settlements in excess of $1 billion, the court instead employs the "Americas Mining" and "Sugarland" factors, which do not warrant any upward or downward adjustment of an indicative fee equal to 26.67% of the settlement amount.
Court: Delaware Chancery Court, Judge: Laster, Filed On: July 31, 2023, Case #: 2018-0816-JTL, Categories: Attorney Fees
J. Chaney holds that the trial court improperly imposed sanctions on an individual and his attorney over alleged discovery violations. A party is not required to identify the pertinent documents in a statement of compliance following a demand for discovery production. A party is only required to identify the responsive documents when they are produced. Vacated.
Court: California Courts Of Appeal, Judge: Chaney, Filed On: July 31, 2023, Case #: B321229, Categories: Civil Procedure, Sanctions, Discovery
J. Worthen finds the trial court properly convicted defendant for arson with intent to damage a habitation. Evidence shows that a witness observed defendant at a vacant house after she was alerted by the sound of a shattering window. Her partner recorded defendant with a cell phone while the witness called 911. For the next five days, she saw defendant drive slowly past the house in the early afternoon. Passing motorists later saw the house burning. The combined and cumulative evidence supports that the jury was rationally justified in finding that defendant committed the arson. Though defendant argues that the evidence is insufficient to prove that he used an accelerant, the state was not required to prove this. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: July 31, 2023, Case #: 12-22-00206-CR, Categories: Evidence, Arson
J. Piper finds defendant's theft conviction was supported by sufficient evidence. Although he had a rental agreement with the trailer's owner, he had missed numerous payments and kept possession of the trailer several months past the contract's expiration date. Defendant also refused to respond to communication attempts by the owner and actively impeded the investigation once police were involved. Affirmed.
Court: Ohio Court Of Appeals, Judge: Piper, Filed On: July 31, 2023, Case #: 2023-Ohio-2633, Categories: Evidence, Theft
J. Meyer grants the lender's motion to dismiss, ruling that because there is no dispute about the holder of the mortgage note, the borrower lacks standing to bring her quiet title action, which will be dismissed in its entirety.
Court: USDC Connecticut, Judge: Meyer, Filed On: July 31, 2023, Case #: 3:23cv192, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Banking / Lending