197 results for 'filedAt:"2023-08-24"'.
Per curiam, the appellate division finds that attorney Courtenay Hall may be reinstated from his September 2022 suspension for failing to meet registration requirements because Hall complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: PM-184-23, Categories: Attorney Discipline
J. Cogburn grants summary judgment to the City of Charlotte, a mental health agency, an insurance company and individuals employed by each after a man’s mother sued them following the man’s suicide while he was in police custody. The man, arrested and accused of shooting a hotel clerk, attempted suicide by stabbing himself in the neck with a pen, then throwing himself backward in a chair during intake at the jail, but the detective interviewing him failed to report this incident to anyone; that detective is not party to this suit. From then on, the man denied any recent thoughts of suicide and reported, and appeared by all accounts, to be stable. He did not report his attempt to anyone, and all reports attest that those party to this suit did their due diligence to assess the man’s mental health status before he jumped from the second floor inside the jail and died the next day. His mother fails to present any evidence sufficient to proceed on her claims of civil rights violations. Also, some parties are protected by sovereign or governmental immunity.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: August 24, 2023, Case #: 3:20cv370, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Prisoners' Rights
J. Elrod denies the petition for mandamus sought by the group yet to have a hearing on class certification in its suit alleging the landfill emits noxious gases. The group seeks to prevent an identical but separate suit from scheduling for trial before it finishes its class certification process. The group argues the novel theory that the rule of civil procedure regarding the filing of a putative class action bars all class members from reaching the merits of separate suits until its own class-certification proceedings conclude. The cited rule is not for testing novel, wrong legal theories. The rule does not cause the filing of a putative class action to universally estop all separate but related actions from proceeding.
Court: 5th Circuit, Judge: Elrod, Filed On: August 24, 2023, Case #: 23-30243, Categories: Environment, Due Process, Class Action
J. Golemon finds the trial court properly civilly committed defendant for sex-offender treatment and supervision. The forensic psychologist with expertise in sex offender risk assessment diagnosed the 75-year-old defendant with pedophilic disorder and unspecified personality disorder with anti-social traits. Defendant has admitted to multiple sexual assaults of male and female children, having been arrested for the offenses multiple times beginning when he was in his twenties. The jury found defendant to be a sexually violent predator beyond a reasonable doubt and the Ninth District will not substitute its determination. Evidence shown that is contrary to the finding is insignificant against the whole record, and all statutory elements are met. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: August 24, 2023, Case #: 09-21-00232-CV, Categories: Sex Offender, Commitment, Child Victims
J. Parker denies the appellants' motion for rehearing and substitutes the current opinion, holding that the lower court properly rendered a take-nothing judgment against the appellants in this lawsuit stemming from the sale of a family farm. The appellants sued the purchasers for breach of contract, based on an alleged oral agreement that the sellers could "buy back their residence." However, under the purchase agreement, there was no obligation for the purchasers to convey property back to the sellers. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: August 24, 2023, Case #: 07-22-00144-CV, Categories: Real Estate, Contract
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J. Nardini finds that the district court improperly denied a Lebanese bank's request to be removed from claims of aiding Hezbollah in terrorist attacks in Iraq that injured and killed Americans. The timing of the action in light of the bank's acquisition and liquidation by the Lebanese central bank did not preclude an attempt to seek dismissal on grounds of foreign sovereign immunity. On remand, a determination should be made on whether the bank now is an instrumentality of a foreign sovereign.
Court: 2nd Circuit, Judge: Nardini, Filed On: August 24, 2023, Case #: 21-2019, Categories: Terrorism, Immunity, Banking / Lending
J. Bailey finds that the lower court properly determined that certain settlement proceeds from a motor vehicle accident were community property in this divorce proceeding. The lower court did not abuse its discretion in finding that the husband failed to show "which portions of the settlement proceeds for his UIM claim were his separate property." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: August 24, 2023, Case #: 11-22-00085-CV, Categories: Family Law, Property
J. Spain finds that the trial court properly ruled in favor of the nursing assistant on her claims for negligence and premises liability stemming from an employment-related injury that occurred as she tried to transfer a bariatric patient by herself. The nursing facility's Rule 306a motion in which it sought "to reset postjudgment deadlines" was correctly denied. Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 24, 2023, Case #: 14-22-00190-CV, Categories: Civil Procedure, Evidence, Negligence
J. van Cleef finds that the trial court properly modified the parties' divorce and allowed the mother to relocate the children to Maine. The evidence showed that a "substantial change of circumstances" had occurred and that the relocation was in the best interest of the children. "Maine had better rated schools with a twelve-to-one student-to-teacher ratio versus Texas's twenty-four-to-one ratio." Affirmed.
Court: Texas Courts of Appeals, Judge: van Cleef, Filed On: August 24, 2023, Case #: 06-23-00012-CV, Categories: Evidence, Family Law
J. Foster largely dismisses the Minnesota Sex Offender Program detainee's complaint alleging personal injuries and violations of his civil rights, with one exception. Claims under the Eighth Amendment against one of the program's doctors in her individual capacity survive, since the detainee has asserted detailed allegations regarding her refusal to provide care after he requested it. The remaining claims variously are improperly asserted under the U.S. and Minnesota constitutions directly, rather than under relevant statutes, inadequately pleaded or duplicative of other counts.
Court: USDC Minnesota, Judge: Foster, Filed On: August 24, 2023, Case #: 0:12cv646, NOS: Civil Detainee: Conditions of Confinement - Prisoner Petitions, Categories: Civil Rights, Medical Malpractice
J. Kobes finds a lower court properly convicted a defendant for Hobbs Act Robbery, but erred in failing to dismiss claims of possession of a firearm in furtherance of a crime of violence. The defendant argued that there was insufficient evidence concerning his plans to rob a drug dealer. However, the government presented sufficient evidence in court that surveillance revealed that the defendant would have carried out the crime armed with a rifle, which he unknowingly planned with a confidential informant. Affirmed in part.
Court: 8th Circuit, Judge: Kobes, Filed On: August 24, 2023, Case #: 22-1759, Categories: Evidence, Firearms, Robbery
J. Sabraw grants LLC Enterprise's motion to disqualify Stryder Holdings' counsel in a lawsuit over the purchase of a company, Empire Ecommerce, that allegedly had numerous liabilities that were not disclosed prior to the sale. Stryder's counsel must be disqualified from the case due to its prior representation of Empire Ecommerce. The law firm had "a direct and personal relationship" with Empire both during Snyder's operation of Empire and after LLC Enterprise's acquisition of Empire.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: August 24, 2023, Case #: 3:22cv1944, NOS: Other Contract - Contract, Categories: Fraud, Business Practices, Contract
J. Settle grants the corrosion control technician's motion to remand his class action alleging that the energy utility company has a practice of not paying its employees their full due wages. The company fails to prove that the removal was proper, as the technician only alleges violations of Washington statutes, which are not preempted by the two collective bargaining agreements that fall under federal jurisdiction. The claims only allege missed meal periods, not meal periods and rest periods as set in a prior case.
Court: USDC Western District of Washington, Judge: Settle, Filed On: August 24, 2023, Case #: 3:22cv5942, NOS: Labor/Management Relations - Labor, Categories: Employment, Jurisdiction, Class Action
J. Hoffstadt finds that the trial court improperly dismissed a lender's contract action against a borrower as time-barred. The loan contract gave the lender the option to demand the full loan amount when the lender missed a monthly payment. The lender missed a payment in 2011 but the lender did not exercise the acceleration clause until 2019. Since the contract gave the lender the discretion whether or not to treat a missed monthly payment as a breach of the full amount, the lender's complaint, which was filed in 2020, was not precluded by the four-year statute of limitations. Reversed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: August 24, 2023, Case #: B316372, Categories: Civil Procedure, Banking / Lending, Contract
J. Kruger finds that the appeals court improperly invalidated a regulation that bars bail bond agents from contracting with jail inmates to notify agents of new arrests. The appeals court held that the Bail Bond Regulatory Act violates the First Amendment, but the Act only prohibits agents from using inmates to solicit arrestees and agents may still seek information about arrestees from public sources. Also, the state has interests beyond the way that bail bond agents drum up business, as the Act promotes the orderly administration of jails and fair competition between bail bond agents. Reversed.
Court: California Supreme Court, Judge: Kruger, Filed On: August 24, 2023, Case #: S267138, Categories: Constitution, Bail
J. Groves finds the trial court properly denied defendant's motion to sever weapons and drug charges into separate trials because the evidence for each count of his indictment was simple and direct, which left little room for the jury to be confused and allowed all of the charges to be tried together. Meanwhile, the trial court's decision to impose consecutive sentences was supported by defendant's history of criminal conduct, while the court also made all necessary findings before making its decision. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: August 24, 2023, Case #: 2023-Ohio-2953, Categories: Criminal Procedure, Firearms, Assault