178 results for 'filedAt:"2023-09-21"'.
J. Cattlett finds a lower court properly dismissed an insurance company's denial of coverage concerning a design engineer's death by Covid-19. The insurance company argued that the design engineer's widow is not entitled for compensatory relief. However, the engineer's widow presented sufficient evidence in court that her deceased husband contracted the virus from a co-worker while on duty, which entitles her compensable relief under Arizona's workers' compensation requirements. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Catlett, Filed On: September 21, 2023, Case #: 1 CA-IC 22-38, Categories: Insurance, Covid-19, Workers' Compensation
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Per curiam, defendant failed to file a brief that satisfied the requirements of the Texas Rules of Appellate Procedure and he was instructed to file a corrected brief meeting the requirements, or his appeal could be dismissed. Defendant’s corrected brief was non-compliant and the instant court dismisses the appeal for want of prosecution and prohibits defendant from filing another brief in this matter.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: September 21, 2023, Case #: 01-22-00408-CV, Categories: Criminal Procedure
J. Maxell finds the lower court improperly denied a law firm’s claim for payment. The chancery court accepted an offer by the wife of the deceased to purchase the estate's assets with the understanding that certain debts would be paid. The law firm provided $86,000 worth of legal services to the deceased which remains unpaid. A substitute executor argued the firm's claim was not timely, as it was filed outside the four-year statute of limitations period, and the lower court agreed. On appeal, the firm argues the claim is timely, as the purchase agreement specifically ordered the debt to be paid by the estate, which did not happen; the instant court agrees. The matter is remanded to the lower court to instruct the estate to pay the debt per the previous order. Reversed.
Court: Mississippi Supreme Court, Judge: Maxwell, Filed On: September 21, 2023, Case #: 2022-CA-00837-SCT, Categories: Debt Collection, Wills / Probate
J. Stafford finds the lower court properly dismissed a former client's claim that his former attorney fraudulently billed him at a higher rate than they had agreed. The former client seeks recusal of the trail judge in addition to relief for the alleged fraud. The instant court finds the client's request for recusal to be without merit as there is no indication of bias or an unfair trial. His allegations of fraud and breach of contract are unsupported. Affirmed.
Court: Tennessee Court of Appeals, Judge: Stafford, Filed On: September 21, 2023, Case #: M2022-00273-COA-R3-CV, Categories: Fraud, Legal Malpractice, Contract
J. Stafford finds the lower court improperly narrowed the scope of a petition for contempt. A mother filed a petition for civil and criminal contempt against a father for failure to pay child support. The lower court chose to move forward with only the civil contempt allegation and found that while the father was in contempt and had failed to make child support payments for a period of time, he subsequently made timely payments for two years, and the lower court decided he had absolved himself of the civil contempt. The trial court’s decision to consider only the civil contempt portion of the mother's petition for contempt is reversible error. The matter is remanded for further proceedings. Vacated.
Court: Tennessee Court of Appeals, Judge: Stafford, Filed On: September 21, 2023, Case #: W2022-00443-COA-R3-CV, Categories: Contempt, Family Law
J. Robart denies the loanee's motion to add a Fair Housing Act claim in her amended complaint alleging that the loan agency falsely mischaracterized an "exorbitantly priced mortgage loan" as a commercial loan. The loanee's claims that the loan agency discriminated against her when issuing her loans in January 2018 and January 2019 are barred by the FHA's two-year statute of limitations for discrimination claims.
Court: USDC Western District of Washington, Judge: Robart, Filed On: September 21, 2023, Case #: 2:22cv531, NOS: Foreclosure - Real Property, Categories: Housing, Foreclosure
J. Lioi grants, in part, the government's motion to dismiss, ruling the property owner cannot seek to recover costs under the Comprehensive Environmental Response, Compensation and Liability Act associated with its discovery of former owners that may have contaminated the site because there is no evidence these discoveries aided the cleanup of the site in any way.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: September 21, 2023, Case #: 5:22cv1558, NOS: Environmental Matters - Other Suits, Categories: Environment, Damages
J. DeGravelles denies summary judgment to the owner of an offshore production platform on its argument that is entitled to immunity from liability as the borrowing employer of a worker injured while working as part of a “human chain” to move grocery boxes from pallets to storage locations on the structure. There is conflicting evidence regarding whether the conduct of contractors on the platform modified the contract provision purporting to prohibit borrowed employee status and disputes of fact regarding the control the various contractors exercised, during the incident.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: September 21, 2023, Case #: 3:22cv15, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Immunity, Damages
J. Sheehan finds the trial court erroneously granted the city of Cleveland's motion for summary judgment because the city of Brook Park's claims regarding Cleveland's failure to buy certain residential properties as part of its airport expansion project is based on the parties' development contract, not eminent domain proceedings; therefore, it is subject to and within the 10-year statute of limitations. Reversed.
Court: Ohio Court Of Appeals, Judge: Sheehan, Filed On: September 21, 2023, Case #: 2023-Ohio-3365, Categories: Civil Procedure, Real Estate, Contract
J. Higginson finds that the trial court properly found defendant guilty of transporting an alien who has entered or remains in the United States in violation of law. The Border Patrol Agent testified that defendant explained that the passenger in his truck was his wife and a U.S. citizen. When the agent asked the passenger in Spanish about her citizenship, she said that she was from Honduras and that she was not legally present in the United States. Though the passenger testified that she was in the country against her will, a rational jury could infer that she had illegally entered or remained here from testimony confirming that she was illegally present. The verdict was based on sufficient evidence. Affirmed.
Court: 5th Circuit, Judge: Higginson , Filed On: September 21, 2023, Case #: 21-40565, Categories: Evidence, Immigration
J. Williams grants a school district partial dismissal of claims brought after plaintiff was prohibited from appearing upon district premises due to his frequent protests of Covid-19 policies during school board meetings because plaintiff exhibited threatening behavior by attempting to force a vote on the masking policy and stating, "If you don’t, we’re comin'," before chanting "take a vote" with other attendees.
Court: USDC Northern District of Iowa, Judge: Williams, Filed On: September 21, 2023, Case #: 1:23cv33, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Education, Property
J. Wright II grants the bioceramics company $2,900, finding that the equipment supplier CEO is liable for false advertising and unfair competition for making or approving statements about the bioceramics company's "Celliant" products, which violated a permanent injunction from a prior lawsuit the bioceramics company brought against the CEO. The evidence indicates that the CEO timed the bankruptcy filing of the equipment supplier with his statements about Celliant to avoid making payments under the settlement agreement from the prior lawsuit.
Court: USDC Central District of California, Judge: Wright II, Filed On: September 21, 2023, Case #: 2:21cv1149, NOS: Trademark - Property Rights, Categories: Bankruptcy, Trademark, False Advertising
J. Taubman finds the trial court erroneously excluded evidence that defendant relied on the advice of his securities lawyer when he sold investment products without disclosing to clients he was barred from selling securities in the state of Colorado. The evidence allowed defendant to prove he lacked the required mental state to commit securities fraud. Defendant's testimony about his lawyer's advice was offered to prove the effect it had on him, not for the truth of the matter asserted; therefore, it was not hearsay, and because it would have given the jury a legitimate reason to doubt whether he committed the crimes for which he was convicted, his convictions will be vacated and the case remanded. Reversed.
Court: Colorado Court Of Appeals, Judge: Taubman, Filed On: September 21, 2023, Case #: 2023COA82, Categories: Evidence, Fraud, Securities
J. Chin finds the district court erred in granting the misdemeanor arrestee's claims stemming from his strip search and delay of release. One officer "was a party to harassment and demeaning conduct culminating in the search -- conduct that he, and other reasonable officers, should have known had no legitimate penological purpose and was therefore unconstitutional." Vacated in part.
Court: 2nd Circuit, Judge: Chin, Filed On: September 21, 2023, Case #: 21-2998, Categories: Civil Rights, Police Misconduct, Prisoners' Rights
J. Bennett dismisses an action challenging California laws that make it unlawful for any person subject to a civil restraining order issued by a California state court to possess firearms or ammunition. The matter involves a dispute between individuals and their neighbor, which resulted in restraining orders issued against the individuals by the California Superior Court. This case was moot because the restraining orders have expired and there was no reasonable expectation that the individuals will be subject to the same action again.
Court: 9th Circuit, Judge: Bennett , Filed On: September 21, 2023, Case #: 21-56292, Categories: Restraining Order, Firearms
J. Counts grants an insurance company's motion to dismiss a case after it was sued by a check-cashing company seeking damages for a fraudulent Covid-19 relief payment check-cashing scheme that the company said cost it more than $70,000. The check-cashing company has failed to show why any of its fraud- or crime-related insurance clauses cover this crime, because while the company may have cashed the checks, the ultimate target of the fraud was the U.S. Treasury.
Court: USDC Western District of Texas , Judge: Counts, Filed On: September 21, 2023, Case #: 7:22cv221, NOS: Insurance - Contract, Categories: Fraud, Government, Insurance
J. Bredar denies in part an IT and security contracting firm's motion to dismiss allegations of trade secret violations brought by an electrical contracting company. The company claims that nine of its former staff systematically left their positions to work for the firm in under a year, taking with them competitive pricing information. The firm argues that it cannot be blamed for trade secrets violations because the company it has not established that the information is economically valuable enough nor did the company safe guard it well enough. However, the company has shown the allegedly stolen information has had a negative impact on its profits and that its confidentiality measures for information sharing are practically airtight.
Court: USDC Maryland, Judge: Bredar, Filed On: September 21, 2023, Case #: 8:22cv2363, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Contract
J. Wright finds the trial court properly terminated the mother's parental rights to her minor child. The mother and child both tested positive at birth for illegal drugs. The mother failed to submit to drug testing and admitted to relapsing on heroin. All evidence is legally and factually sufficient to support the court’s findings. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: September 21, 2023, Case #: 09-23-00108-CV, Categories: Family Law