166 results for 'filedAt:"2023-09-15"'.
J. Lanier vacates the district court judgment that certified a class action on behalf of solar energy system purchasers who challenged the retroactive application of a law that resulted in the delay/denial of their solar tax credits. Based on the amended statute, the Board of Tax Appeals had exclusive jurisdiction for this case. Vacated.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: September 15, 2023, Case #: 2023CA0142, Categories: Due Process, Jurisdiction, Class Action
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J. Zainey refuses to dismiss a federal disability discrimination complaint by a former administrative assistant. She says she was unjustly fired after the Church administrator refused to allow her to work from home following hurricane damage to ministry offices. The post-storm growth of mold, mildew and fungi allegedly triggered her disability, an allergy to the Alternaria fungus, which causes her to experience severe asthma attacks and loss of lung function. The ministry’s arguments that its former employee “sat on her rights” or that she engaged in litigation “gamesmanship that should not be rewarded are simply not persuasive.”
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: September 15, 2023, Case #: 2:23cv2376, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Procedure, Ada / Rehabilitation Act, Employment Discrimination
Per curiam, the Vermont Supreme Court finds that the trial court properly dismissed a defamation case and awarded attorney fees in favor of the reporter and newspaper. The reporter published an article regarding the testimony about the individual's physical violence toward a witness. The individual did not raise or respond to the arguments, thereby failing to show he preserved his claims. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 23-AP-55, Categories: Defamation
J. Barnes finds that the probate court improperly refused to partially approve an updated asset management plan for a conservatorship estate. The probate court incorrectly issued a blanket prohibition on the mother disbursing any of the anticipated monthly income of the estate based on its determination that the mother failed to show she could not pay all of the child's monthly expenses herself. The mother, who serves as conservator, has automatic power to make reasonable disbursements from the annual income of the child ward's estate without court approval. Reversed.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: September 15, 2023, Case #: A23A1581, Categories: Wills / Probate
Per curiam, the Vermont Supreme Court finds that the trial court properly terminated the mother's parental rights for not responding to the minor child's emotional and medical needs. The mother's behavior after termination and lack of focus is relevant to the best interests of the child for stability. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 23-AP-110, Categories: Family Law
J. Prost finds that the district court improperly ruled in patent claims concerning the design of heat reflective material because genuine issues remain in dispute as to whether summary judgment was appropriate. Revered.
Court: Federal Circuit, Judge: Prost, Filed On: September 15, 2023, Case #: 2021-2299, Categories: Patent, Trademark
J. Moeller finds that the trial court improperly granted an insurer summary judgment on an insured's underinsured motorist claim. The insurer's argument that its insured prejudiced its subrogation right was false since it did not disclose that it had settled all its claims with the underinsured driver, which extinguished its subrogation rights. The insured is entitled to attorney fees because the insurer's "defense was frivolous, unreasonable, and without foundation." Reversed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: September 15, 2023, Case #: 49299, Categories: Insurance, Attorney Fees
J. Tymkovich finds that the lower court properly dismissed a suit from victims of the Roosevelt Fire who sued the U.S. Forest Service with claims that the agency delayed its fire suppression response. Under the Federal Tort Claims Act, government entities are shielded from certain suits when they show they had to exercise a "discretionary function" that requires judgment and choice in tackling an event or problem. Responding to a wildfire falls under that umbrella, leaving the Forest Service immune from the suit due to the discretionary function exception. Affirmed.
Court: 10th Circuit, Judge: Tymkovich, Filed On: September 15, 2023, Case #: 22-8023, Categories: Environment, Tort, Agency
Per curiam, the Vermont Supreme Court finds that the trial court improperly granted an ex-husband's motion to modify his spousal maintenance obligation to zero. “If the potential benefit to the obligor remains, but the obligor has lost his or her current ability to pay the compensatory portion of the award, that portion of the maintenance debt accrues.” On remand, the arrearage owed to ex-wife must be calculated. Reversed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 23-AP-2, Categories: Family Law
[Consolidated.] Per curiam, the Vermont Supreme Court finds that the trial court properly sentenced defendant following convictions for sexual assault, luring and violating conditions of release. Defendant refused to take full responsibility for the sexual assault of a 14-year-old family member on numerous occasions and violated his condition of release while charges were pending. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 23-AP-65, Categories: Sentencing, Sex Offender, Child Victims
Per curiam, The Nebraska Supreme Court overrules defendant's motion for rehearing on his first-degree murder conviction, also modifying the opinion. Under the analysis subheading: “Juror Misconduct,” the court substitutes the second paragraph with: [statute] provides that “[a] new trial, after a verdict of conviction, may be granted, on the application of the defendant” for “misconduct of the jury” “affecting materially his or her substantial rights.” The court has said that “misconduct of the jury” does not only mean a jury’s bad faith or malicious motive, but also a departure from a procedure for production of a valid verdict. Former opinion modified. Motion for rehearing overruled.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: S-22-169, Categories: Jury, Murder, Due Process
J. Melanson finds that the trial court properly imposed restitution on defendant for the costs of extraditing her from Wyoming to Idaho after she violated probation. The substantial evidence standard in restitution statutes was inapplicable since she agreed to pay any extradition costs as a condition of probation. Affirmed.
Court: Idaho Court Of Appeals, Judge: Melanson, Filed On: September 15, 2023, Case #: 49829, Categories: Drug Offender, Probation, Restitution
J. McAvoy denies the NRA's motion to lift the court's stay and compel discovery on its remaining claims against former Gov. Andrew Cuomo, in his individual capacity, alleging free speech violations. It would not be prudent to advance litigation at this stage until the court has issued a ruling on the former governor's motion for judgment on the pleadings, which he argues has a high chance of success following a similar ruling dismissing claims against Maria Vullo, the former head of New York State's Department of Financial Services on the basis of governmental immunity.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: September 15, 2023, Case #: 1:18cv566, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Discovery, First Amendment