167 results for 'filedAt:"2023-08-16"'.
[Consolidated.] J. Penzato finds that while the trial court properly ruled in favor of the prime contractor on its claim against the state agency involving a bridge repair project, it should have sided with the subcontractor on its claim against the prime contractor for money owed for stockpiled materials. The evidence does not support the agency's position that it overpaid the prime contractor and was entitled to "claw back" funds. Also, the prime contractor's argument that the subcontractor was not a "claimant" lacks merit since there was no "pay-if-paid provision" between the parties. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: August 16, 2023, Case #: 2022CA1301, Categories: Construction, Government, Contract
J. Gale finds that computation errors acknowledged by the commissioner of internal revenue should be corrected concerning deficiencies, additions to tax, and penalties due for the years at issue.
Court: U.S. Tax Court, Judge: Gale, Filed On: August 16, 2023, Case #: 2023-106, Categories: Civil Procedure, Tax
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Per curiam, the court of appeals dismisses and denies, in part, a noncitizen's petition for writ of mandamus, filed after he was arrested under Operation Lone Star, released on bond and removed from the U.S. The trial court did not rule on the merits of the noncitizen's equal protection claim and should be given the opportunity to do so upon reconsideration.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: August 16, 2023, Case #: 04-23-00293-CR, Categories: Civil Procedure, Immigration, Equal Protection
Per curiam, the circuit finds that a lower court properly dismissed defendant's motion to remain in the United States. Defendant argues that his Hobbs Act robbery offense is not a crime of violence. However, the government presented sufficient evidence in court that he robbed an ATM vendor, which disqualifies his request for relief from deportation. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: August 16, 2023, Case #: 22-2335, Categories: Immigration, Robbery
Per curiam, the Ninth District finds the trial court properly denied the inmate’s motion for post-conviction DNA testing. Defendant was sentenced to life in prison for two counts of aggravated robbery. Though he believes that evidence is in the state’s possession containing blood, semen, hair, saliva, skin tissue or cells, fingernail scrapings, bone, bodily fluids or other identifiable biological evidence, he failed to support his motion for testing with the required affidavit containing statements of fact. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: August 16, 2023, Case #: 09-23-00039-CR, Categories: Dna, Robbery, Due Process
J. Murphy finds the lower court properly granted the prison guard's motion for summary judgment on Eighth Amendment claims filed by an inmate. While the guard was charged with a misdemeanor for his use of force, the inmate failed to prove the use of violence was malicious and sadistic. The inmate suffered no visible injuries after the guard grabbed his throat and shoved him against the wall, and while he complained of neck pain in the months that followed, the guard believed force was necessary to subdue the inmate after he disobeyed orders. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: August 16, 2023, Case #: 22-1937, Categories: Civil Rights, Constitution, Evidence
Per curiam, the Georgia Supreme Court accepts attorney Andrew Matteson's petition for voluntary discipline arising from two disciplinary matters. The attorney admitted that he stopped apprising a client of legal matters and that an $86,000 consent judgment was entered against the attorney after the client sued him. Another client pursued a legal malpractice claim against the attorney and a $640,000 arbitration award was entered in favor of the client. The attorney presented evidence supporting his claims that he was depressed, voluntarily stopped practicing law for at least six months and fulfilled his ethical obligations to his clients. The attorney is suspended for six months nunc pro tunc and is reinstated with conditions.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: August 16, 2023, Case #: S23Y0585, Categories: Judiciary, Attorney Discipline
J. Wiley finds that the trial court properly denied a name change petition because petitioner had an outstanding warrant. A trial court has the authority to deny a name change even in the absence of a third party opposing the name change and it is required to by statute to check the state's criminal database for outstanding warrants before granting a name change. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: August 16, 2023, Case #: B322152, Categories: Public Record
J. Metcalf partially grants a group of golf club members their motion to compel discovery against the club, specifically a list of the club’s members and financial records. The group claims breach of contract for member overpayment and is correct in arguing that without a full list of member names, they may not be able to find the right members to depose. Also, all the club’s financial records are not relevant to this case, but the ones concerning the mortgage are.
Court: USDC Western District of North Carolina, Judge: Metcalf, Filed On: August 16, 2023, Case #: 1:21cv333, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Business Practices, Banking / Lending, Contract
J. Fader finds that attorney Marylin Pierre should be reprimanded after an email circulated accusing her of making false statements about sitting judges. Pierre was running for one of the judge’s seats in the circuit court of Montgomery County. A campaign manager for the group of judges sent the email two months prior to the election to Montgomery attorneys, alleging the false statements and that the attorney had engaged in unprofessional conduct in the past. Pierre had claimed that the four sitting judges had been selected on the basis of bias and diversity. She also inflated and fabricated some of her own qualifications. A hearing judge did find evidence of Pierre’s professionalism violations, although her record shows mostly legitimate conduct throughout her career. Because of the unusual circumstances involving the election, Pierre will not be disbarred but reprimanded.
Court: Supreme Court of Maryland, Judge: Fader, Filed On: August 16, 2023, Case #: C-02-CV-21-001655, Categories: Sanctions, Attorney Discipline
J. Dooley grants, in part, the franchise developer's motion for summary judgment, ruling the parent company is liable for a breach of the master development agreement for its termination of the agreement after the developer filed suit in this court.
Court: USDC Connecticut, Judge: Dooley, Filed On: August 16, 2023, Case #: 3:20cv360, NOS: Franchise - Contract, Categories: Contract
J. Lindsay denies, in part, a company's motion for summary judgment on a former worker's employment discrimination and retaliation claims. There are questions of fact whether she was terminated due to taking leave under the Family and Medical Leave Act.
Court: USDC Northern District of Texas , Judge: Lindsay, Filed On: August 16, 2023, Case #: 3:22cv932, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Hall finds in favor of the prison officials in a civil rights action brought by the estate administrators after their father died from septic shock and Crohn's disease while in prison. Two officials were not in their respective roles during the period of the father's incarceration and a third official was not responsible for the father's treatment and medical supplies because his employment ended a few days after the father's arrival. The doctor did not personally provide the father with treatment and the co-administrators failed to show there was any history of widespread abuse sufficient to put the doctor on notice of a pattern of constitutional violations.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: August 16, 2023, Case #: 1:21cv40, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Prisoners' Rights
J. Perluss finds that the trial court properly admitted evidence of defendants' whereabouts at the time of a murder that police secured using a geofence search warrant. Though the warrant was impermissibly broad under the Fourth Amendment, police had a good faith, reasonable reliance on the geofence warrant, which was still a novel investigative tool in 2019. Also, the warrant complied with the Electronic Communications Privacy Act since it did not target any individual phone number, account or email address. Affirmed.
Court: California Courts Of Appeal, Judge: Perluss, Filed On: August 16, 2023, Case #: B318310, Categories: Murder, Search
J. Xinis grants summary judgment to a biotechnology firm following allegations of sexual harassment brought by a male IT administrator, whom the firm eventually fired. The administrator claims that after he began a quasi-romantic relationship with one of the staff’s daughter, who also worked at the firm, that she sexually harassed him via text and made several advances on him in person. Shortly after the administrator filed an EEOC claim, the firm eliminated his position. However, he also flirted back with the daughter frequently and lapsed in his work due to applying for grad school. He also would not share certain information for discovery, so his claim does not stand.
Court: USDC Maryland, Judge: Xinis, Filed On: August 16, 2023, Case #: 8:18cv2941, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Pagan finds the trial court properly denied an insured's motion for summary judgment after concluding that the insurance policy’s Governmental Action Exclusion applied, and that the cause of the insured's loss of revenue was an executive order related to the Covid-19 pandemic issued by the Governor of Oregon. Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: August 16, 2023, Case #: A176901, Categories: Insurance
J. Marconi affirms the Compensation Appeals Board’s decision to grant an insurance carrier’s request to reduce an individual’s temporary total disability benefits to the diminished earning capacity rate. The testimony of the individual and the experts who treated her were inconsistent with each other, so an independent expert’s opinion was honored over their opinions.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: August 16, 2023, Case #: 2021-0153, Categories: Health Care, Insurance, Experts
J. Fernandez finds the trial court properly revoked defendant's probation and gave him a life sentence for a battery charge, at least the sixth in his record. Defendant claims the trial court revoked his probation based on an uncharged violation, but the record is clear the trial court would have revoked probation and imposed the same sentence regardless of considering the violation. However, a portion of the trial court's order is reversed and remanded so the trial court can conform its written order to its oral pronouncement which included mention of the uncharged offense. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: August 16, 2023, Case #: 22-1120, Categories: Probation, Sentencing, Battery
J. DuBose awards $119,040 in attorney fees, $5,138 in cost and expenses, and $2,100 in fees for the appellate paralegal after the individual prevailed in her civil rights claims against an arresting officer.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: August 16, 2023, Case #: 1:19cv854, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Attorney Fees