161 results for 'filedAt:"2023-08-10"'.
J. Lauber finds for the commissioner of internal revenue in claims concerning an alleged overpayment because refunds for such are barred by statute.
Court: U.S. Tax Court, Judge: Lauber, Filed On: August 10, 2023, Case #: 2023-103, Categories: Tax
J. Lauber finds for the commissioner of internal revenue in this tax liability dispute for lack of genuine issues concerning the method with which payments had been credited to deficiencies in prior years.
Court: U.S. Tax Court, Judge: Lauber, Filed On: August 10, 2023, Case #: 2023-102, Categories: Tax
J. Jewell finds that the trial court properly ruled in favor of the individual accused of causing drainage issues on her neighbors' property through the excavation of sand on her land. The neighbors did not establish that the individual's sand excavation activities caused damage to their property. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: August 10, 2023, Case #: 14-22-00497-CV, Categories: Property, Water, Injunction
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Colloton finds a lower court properly granted summary judgment to a police officer on a civilian’s unreasonable seizure claims. The civilian argued that the police officer shot his dog in violation of his Fourth and 14th Amendment rights. However, the city’s board of police commissioners sufficiently showed the homeowner failed to restrain his growling, barking dog after it darted toward the police officer, who is entitled to qualified immunity for making a split decision to protect himself. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: August 10, 2023, Case #: 22-2815, Categories: Constitution, Tort, Immunity
J. Rubin grants the Social Security Administration commissioner’s motion to dismiss allegations of race and gender discrimination and retaliation brought by a former union representative who recently became part of the agency’s management team. The former union rep, a Black woman, claims the agency failed to promote her and several coworkers harassed her when she switched from the union to management side. She has not sufficiently made a connection between her protected activity and a hostile work environment. She also fails to exhaust her administrative remedies.
Court: USDC Maryland, Judge: Rubin, Filed On: August 10, 2023, Case #: 1:21cv502, NOS: Employment - Civil Rights, Categories: Social Security, Employment Discrimination, Labor / Unions
J. Mori holds that the a county registrar's failure to timely seek extraordinary writ relief with the appeals court to challenge a trial court order to disclose voter records deprived the appeals court of jurisdiction to consider the petition. But the petition was timely with regards to a trial court order requiring further disclosure of voter records. The registrar is not required to follow the order to allow the use of electronic voter lists except in the registrar's examination room or to disclose redacted affidavits of voter registration.
Court: California Courts Of Appeal, Judge: Mori, Filed On: August 10, 2023, Case #: B326869, Categories: Elections, Public Record, Jurisdiction
J. Counts partially grants summary judgment to both sides in a dispute over oil and gas leases, royalty payments and “impermissible costs” that well operators allegedly deducted from their payments to the leaseholder. Among other things, the leaseholder is entitled to summary judgment on a claim that the operators face liability under the Texas Natural Resources Code because the operators failed to make payments to him within the “applicable period” as plainly required by law.
Court: USDC Western District of Texas , Judge: Counts, Filed On: August 10, 2023, Case #: 4:22cv20, NOS: Other Contract - Contract, Categories: Energy, Real Estate, Contract
J. Hollander grants the Baltimore Law Department, including the police department and several of its officers and other staff, its motion to dismiss allegations of First Amendment violations brought by a community justice group. The group has attempted on numerous occasions to gain access to records from the police department, particularly those reporting police misconduct. However, its claims are solely based on its assertion that it is being discriminated against based on the identities of its members, providing no evidence of this besides its own viewpoint. Also, the law department is an improper litigant.
Court: USDC Maryland, Judge: Hollander, Filed On: August 10, 2023, Case #: 1:22cv1901, NOS: Other Civil Rights - Civil Rights, Categories: Public Record, First Amendment, Police Misconduct
J. Brown remands back to New York state courts a total of 43 Child Victims Act lawsuits filed against the Diocese of Rockville Center and various related entities, including the Boy Scouts of America. The cases, which are only a small portion of the total 224 related cases filed against the diocese, had been languishing in legal quagmire after the diocese filed for bankruptcy and subsequently sought to transfer the cases to federal court. The plaintiffs successfully argue the state courts are better prepared to timely resolve their cases.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: August 10, 2023, Case #: 2:23cv5029, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Venue
J. Horton finds that the lower court properly entered a judgment of divorce, awarding the parties shared parental rights and ordering the wife to "contribute to the fees of the appointed guardian ad litem." There was no abuse of discretion in awarding the husband "rights of contact with the child on Father's Day" or in allocating the guardian ad litem fees. The court notes that the parties are "in a similar financial position to contribute to GAL fees." Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: August 10, 2023, Case #: 2023ME47, Categories: Family Law, Attorney Fees
J. Rovner finds that the lower court properly revoked defendant's supervision and sentenced him to an additional term of imprisonment followed by supervised release. Defendant was properly ordered to undergo psychosexual evaluations, which may involve use of a polygraph, as part of his supervision, in addition to being required to disclose his financial information to his probation officer. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: August 10, 2023, Case #: 22-1358, Categories: Sentencing, Sex Offender
J. Morris finds in favor of the representatives of two individuals who died from asbestos exposure while working in a railyard. The estate requests that the railway company not be allowed to assign the fault of the deaths to any nonparty, a request that is granted because the railway company has not fully identified what wrongful conduct from other parties could have contributed to the deaths that can come into play in this case.
Court: USDC Montana, Judge: Morris, Filed On: August 10, 2023, Case #: 4:21cv97, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Asbestos
J. Bernal finds in favor of the college district against the former employee’s claim that the district forced her to resign because of her age and for making complaints about unsafe working conditions. There is no evidence that the superintendent considered the former employee’s age or working conditions complaint before placing her on administrative leave, but instead considered the hostile work environment that the former employee created by swearing, throwing her mouse at a desk and claiming that she was going “to hurt someone.”
Court: USDC Central District of California, Judge: Bernal, Filed On: August 10, 2023, Case #: 5:20cv1142, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Holmes recommends that the commissioner’s dismissal motion be granted and that this pro se lawsuit be dismissed in its entirety. The individual plaintiff contends that the Tennessee Department of Human Services has wrongfully attempted “some type of collection proceedings against him for child support payments.” However, he fails to clearly include the factual allegations underlying the suit. He also fails to raise any “viable legal claims for relief that save his lawsuit from dismissal.”
Court: USDC Middle District of Tennessee , Judge: Holmes, Filed On: August 10, 2023, Case #: 3:23cv134, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Family Law
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules after an altercation in a stairwell in which another inmate was slashed on his face and chest. There were no witnesses and no weapon had been recovered, but sufficient circumstantial evidence supported the finding of assault and engaging in violent conduct. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 10, 2023, Case #: 536117, Categories: Evidence, Assault, Prisoners' Rights
J. Douglas finds the district court improperly dismissed the Louisiana inmate’s civil rights complaint with prejudice as frivolous and for failure to state a claim. The inmate filed suit alleging that he was held in administrative segregation for 300 days over his disciplinary sentence without additional due process and based upon fabricated information. Though prison officials are accorded deference in maintaining security, in this case some officials determined that the inmate should have been released while others refused. A response from the officials is necessary to reach the proper conclusion. The indefiniteness of a period of segregation is also relevant in reviewing the constitutionality of a length of confinement. Vacated and remanded.
Court: 5th Circuit, Judge: Douglas, Filed On: August 10, 2023, Case #: 21-30082, Categories: Civil Rights, Due Process, Prisoners' Rights
J. Freeman allows class claims to continue against HP from consumers who are suing over HP's all-in-one printers that will not scan or fax items when the device is low on ink, despite neither of those tasks requiring ink. The record suggests the problem is more than just a defect, and was in fact an intentional design choice from the company to push consumers to buy more ink. All of the fraud and contract-related claims may proceed as a result.
Court: USDC Northern District of California, Judge: Freeman , Filed On: August 10, 2023, Case #: 5:22cv3794, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Class Action, Contract
J. Miller finds that the trial court was within its discretion to deny a husband's request for an evidentiary hearing before awarding his wife $25,000 in attorney fees for the costs of defending his appeal of a dissolution order. He had forfeited the right to a hearing by not requesting one earlier and the fee award was based on substantial evidence about his disposable income and the likelihood he would soon be re-employed as an attorney. Affirmed.
Court: California Courts Of Appeal, Judge: Miller, Filed On: August 10, 2023, Case #: A162932, Categories: Family Law, Attorney Fees