160 results for 'filedAt:"2023-08-03"'.
J. Lynch finds that the lower court properly dismissed a petition challenging a town's notice of violation when construction began at a vineyard without needed permits and site-plan approval. Judicial review was premature because the vineyard's owners failed to exhaust their administrative remedies first. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: August 3, 2023, Case #: CV-22-2293, Categories: Administrative Law, Zoning
J. Fisher finds that the lower court properly granted a property owner's request to strike a jury demand by a buyer who fell behind on payments in a land contract. Because the parties opted for a termination agreement over eviction, the buyer waived her right to a jury trial by joining legal and equitable causes of action arising from the same transaction. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: August 3, 2023, Case #: 535692, Categories: Civil Procedure, Real Estate, Contract
J. Ludington allows to proceed the amended complaint, which alleges the maintenance company failed to timely deliver an operable valve to the electric powerplant. The record includes ample evidence that the valve was not delivered in a satisfactory state, but it is unclear whether the powerplant company had waived the timing requirement in the contract.
Court: USDC Eastern District of Michigan, Judge: Ludington, Filed On: August 3, 2023, Case #: 1:19cv11009, NOS: Other Contract - Contract, Categories: Contract
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J. Hicks finds the trial court properly denied the trust’s request for preliminary injunctive preventing the association’s board of directors from purchasing land outside the condominium to add guest parking spaces, also alleging that the “Association has asserted that … the additional land shall become part of the … common area.” The Condominium Act allows the association to purchase land and the complaint fails to state a claim. Affirmed.
Court: New Hampshire Supreme Court, Judge: Hicks, Filed On: August 3, 2023, Case #: 2021-0385, Categories: Property, Contract
Per curiam, the appellate division finds that the lower court properly convicted defendant on his guilty plea to grand larceny as a hate crime in working with others to defraud the elderly. His challenge to the imposed $25,000 in restitution lacked merit because it was not specified in the plea agreement. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 3, 2023, Case #: 110299B, Categories: Theft, Restitution
J. Kugler rules against the ex-son-in-law, who allegedly posted videos online claiming his former wife’s family conspired to plant a gun in his home and frame him in order to win custody of their son. There remains a dispute about whether the statements in the videos were true, as the wife’s comment “it wasn’t orchestrated” indicates.
Court: USDC New Jersey, Judge: Kugler, Filed On: August 3, 2023, Case #: 1:21cv13918, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation
J. Trotter finds that the lower court properly rendered a judgment against the pro se appellants for allegedly delinquent property taxes. On appeal, they challenge the lower court's jurisdiction over the tax matter. However, their standing arguments fail, and they fail to show "that service was never issued." Also, they did not apply for a tax exemption. Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: August 3, 2023, Case #: 11-22-00198-CV, Categories: Real Estate, Tax, Jurisdiction
[Combined.] Per curiam, the appellate division finds that the lower court properly convicted defendant on his guilty pleas to burglary, assault and bail jumping. Defendant claimed his sentence was harsh, but even though the crimes involved different victims, were violent, and included a home invasion, the sentence was less than the potential maximum he faced. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 3, 2023, Case #: 111020, Categories: Burglary, Assault, Cruel And Unusual Punishment
J. Kloppenburg finds that the lower court properly found in favor of an attorney in a defamation case accusing him of publishing a book in which he falsely states that a wife was wrongfully convicted of a murder that her then-husband committed. The husband is a limited purpose public figure in relation to the murder because numerous articles were written about the crime and trial that included his name and the fact that he pleaded no contest to criminal conduct related to the murder. Therefore, he must show that the attorney made the allegedly defamatory statements with actual malice, which he fails to do.
Court: Wisconsin Supreme Court, Judge: Kloppenburg, Filed On: August 3, 2023, Case #: 2022AP001871, Categories: Defamation
J. Southwick finds the district and bankruptcy courts properly concluded that a particular claim was not permitted in this suit brought by creditors against the debtor satellite communications network distributor. The distributor filed for bankruptcy after entering into an agreement with the provider by which it would receive a discount in exchange for a minimum number of customers brought to the provider through the distributor’s maritime service. All debts have been satisfied but the one claim for a shortfall of over $2 million for deployment services found not to be permitted. The termination agreement’s definition of “permitted claims” unambiguously requires a claim for payment by the provider for services delivered. The provider’s claim for the shortfall amount did not satisfy “delivery” requirements. Affirmed.
Court: 5th Circuit, Judge: Southwick, Filed On: August 3, 2023, Case #: 22-20274, Categories: Communications, Maritime, Contract
J. Behm partially allows to proceed the amended complaint, which alleges a fire at the storage units severely damaged the owner’s property. There is nothing in federal court rules that preclude parties from filing successive pleadings, even if they make inconsistent or contradictory allegations, unless there is proof of bad faith.
Court: USDC Eastern District of Michigan, Judge: Behm, Filed On: August 3, 2023, Case #: 4:22cv11831, NOS: Other Contract - Contract, Categories: Contract
J. Hoffstadt finds that the trial court properly rejected an insured's misrepresentation and unfair competition claims against an insurer that he filed after he entered an arbitrated settlement agreement with the insurer and its agent. The insurer was not obligated to independently analyze whether the variable life insurance products he bought were suitable since the agent performed a suitability analysis that satisfied statutory requirements. And even if the agent's analysis was flawed, the settlement agreement released the insurer from any liability resulting from the agent's negligence or breaches. Affirmed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: August 3, 2023, Case #: B320820, Categories: Insurance, Settlements, Unfair Competition
J. Chambers grants in part and denies in part the motions by the school board and five special education teachers and aides at Huntington High School to dismiss a couple’s civil rights suit claiming school abused and neglected their disabled 15-year-old son by barricading him in a corner, depriving him of food and drink, and leaving him to sit in his urine and feces for extended periods of time. The court dismisses their negligence per se, negligent infliction of emotional distress and intentional spoliation claims because West Virginia law does not support a cause of action for negligence per se, the couple have not pleaded sufficient facts to establish they witnessed the alleged injuries to their son, and the Board is immunity from liability its employees’ intentional acts. The couple’s equal protection, Americans with Disabilities Act, false imprisonment and negligent hiring/retention claims survive.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: August 3, 2023, Case #: 3;22cv592, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Education
J. Stein dismisses this securities class action against the Chinese news-aggregation app, its directors and officers, and its corporate underwriters relating to its IPO. The investors have not stated with sufficient particularity that the app intentionally placed illegal ads on its platform but failed to disclose that strategy.
Court: USDC Southern District of New York, Judge: Stein, Filed On: August 3, 2023, Case #: 1:20cv6707, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
J. Watson partially denies summary judgment to the city agency accused by a gay bar of discriminating against it through a campaign to revoke its liquor license, finding that there is genuine dispute of material fact on the reason for agency’s focus on the bar and other LGBTQ establishments and that the gay bar has suffered injury due to the agency’s interference. Commission members sued only in their official capacities are granted summary judgment and are dismissed.
Court: USDC Hawaii, Judge: Watson, Filed On: August 3, 2023, Case #: 1:21cv457, NOS: Other Civil Rights - Civil Rights, Categories: Government, Equal Protection, Lgbtq
J. Lynch finds that the workers' compensation board properly held that an auditor did not have a job-induced psychological injury and disallowed her benefits claim. The woman's stress/anxiety, even when manifesting in physical symptoms, was no greater than that experienced by other similarly situated workers. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: August 3, 2023, Case #: 535539, Categories: Workers' Compensation
J. Fouratt denies an aviation company’s motion to compel testimony of two U.S. Department of Interior employees after determining it “lacks authority” to do so under current 10th Circuit precedent. While the aviation company argued DOI could testify regarding “demand for aircraft for the 2022 fire season” and other information relevant to the company’s claim that its insurer caused the company “substantial losses” by not promptly reassembling aircraft, both the company and this court lack clear authority to compel testimony of federal government non-parties.
Court: USDC New Mexico, Judge: Fouratt, Filed On: August 3, 2023, Case #: 2:22cv476, NOS: Other Contract - Contract, Categories: Government, Insurance, Immunity
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by turning a sock into a weapon by weighting the toe end. Claims that the sock was planted in retaliation for grievances filed by the inmate presented credibility issues resolved by the hearing officer. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 3, 2023, Case #: 534568, Categories: Weapons, Prisoners' Rights
J. Knepp grants the Australian construction company's motion to dismiss, ruling that the lack of a final judgment in the state court action between the general contractor and a subcontractor has not established liability and, therefore, the claims for indemnification are unripe.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: August 3, 2023, Case #: 3:23cv11, NOS: Other Contract - Contract, Categories: Construction, Indemnification, Contract
Per curiam, the Ninth District grants Home Depot’s petition for mandamus relief from discovery compelled in a personal injury case filed by one of its employees who injured his back while loading a riding lawnmower onto a customer’s trailer. The safety documents and materials sought are unrelated to facts of consequence to the claims. Though there are occasions that a delay in filing a mandamus petition could result in waiver of the relief, there are no established guidelines on when the waiver occurs. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: August 3, 2023, Case #: 09-23-00076-CV, Categories: Employment, Tort, Discovery
Per curiam, the appellate division finds that suspended attorney Pery D. Krinsky should be disbarred. Krinsky, whose practice was limited to representing attorneys in disciplinary matters, was suspended on an interim basis for not cooperating with an investigation into his representation of clients. He showed a willingness to cooperate only after disbarrment was raised, which was "insufficient to demonstrate actual compliance."
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 3, 2023, Case #: PM-164-23, Categories: Attorney Discipline
J. Johnson finds the trial court properly modified the couple’s custody order, granting the father exclusive rights to designate the child’s primary residence and ordering the mother to pay support. The father has testified to, and entered evidence showing that he had a good relationship with his daughter, including engaging in extracurricular activities at school, before the mother moved to another city without notifying him. He has shown that the mother has been in several unstable relationships since the divorce and is financially irresponsible, and that his designating primary residence would be in the child’s best interest. All evidence and testimony support this. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: August 3, 2023, Case #: 09-22-00197-CV, Categories: Family Law, Guardianship
J. Wang grants an insurance firm its motion to dismiss a second amended complaint alleging bad faith and breach of contract after a condominium made a vandalism claim for which the firm did not pay out. The firm estimated damages at $13,000, but the condominium rejected the offer and sought another estimate, which turned out to be $225,000. However, the condominium fails to state a claim because it filed all claims outside of the two-year statute of limitations.
Court: USDC Colorado, Judge: Wang, Filed On: August 3, 2023, Case #: 1:21cv3196, NOS: Insurance - Contract, Categories: Insurance, Property, Contract