149 results for 'filedAt:"2023-10-12"'.
J. Perluss finds the trial court properly issued prejudgment right to attach orders of over $7 million against the residential mortgage lender by its former employees in this breach of contract suit. Revenue sharing agreements were not “modified” by the employees’ email confirmation of profit and loss calculations. The lender didn’t provide declarations about damages or argue that an employee’s calculations of damages are inaccurate. The lender also failed to rebut the claim that additional amounts were due for selling mortgage servicing rights and for outstanding branch reserves that were to be paid within 30 days of termination of the agreements. Affirmed.
Court: California Courts Of Appeal, Judge: Perluss, Filed On: October 12, 2023, Case #: B323063, Categories: Business Expectancy, Banking / Lending, Contract
J. Fujisaki finds the probate court improperly instructed the successor trustee to immediately sell properties that are assets of trusts whose beneficiaries are the museum and music conservatory and distribute the proceeds to the beneficiaries. A provision granting the trustee “sole discretion” to distribute trust property in cash or in kind was improperly interpreted by the probate court as requiring an immediate sale of the properties. Vacated and remanded.
Court: California Courts Of Appeal, Judge: Fujisaki, Filed On: October 12, 2023, Case #: A165397, Categories: Property, Trusts, Due Process
J. Gardephe grants the credit rating agencies' motion to dismiss securities fraud claims alleging that it assigned false and misleadingly high ratings to auction rate securities. The investors have not plausibly alleged that the ratings issued by the agencies were fraudulent when made. Further, they cannot make a negligent misrepresentation claim under Ohio law, because the ratings were issued to investors around the world, not just to a limited class of investors.
Court: USDC Southern District of New York, Judge: Gardephe, Filed On: October 12, 2023, Case #: 1:10cv5095, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
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J. Pena finds that the lower court properly awarded lifetime income benefits to the appellee truck driver in this workers' compensation case stemming from an accident in which his truck allegedly rolled over and hot asphalt "entered the truck cabin." Contrary to the insurer's argument, the evidence sufficiently supports the award. Specifically, the lower court did not err in using the Seabolt standard for "the total loss of use," as it related to the driver's left hand. Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: October 12, 2023, Case #: 13-21-00361-CV, Categories: Evidence, Workers' Compensation
J. Lawson grants the hospital's and treasurer's motions to dismiss an action brought by the relator under the False Claims Act and the Georgia False Medicaid Claims Act alleging that the hospital knowingly submitted fraudulent claims to the government for payment and fired the relator when she confronted them. The relator failed to plead facts sufficient to put the hospital on notice of the claims against it and failed to establish a reliable basis for the assertion that the hospital submitted false claims for payment. The relator also failed to adequately allege that the hospital knowingly made any false statement for the purpose of getting a false claim paid by the government.
Court: USDC Middle District of Georgia, Judge: Lawson, Filed On: October 12, 2023, Case #: 7:21cv72, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: False Claims, Employment Retaliation
J. McShan finds that the lower court properly declined to vacate defendant's conviction for attempted drug sale based on ineffective assistance claims. Defendant contends counsel claimed to have seen laboratory test results about drugs involved in two separate controlled buys even though such a report did not exist, but the self-serving contention was belied by the record. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: October 12, 2023, Case #: 111827, Categories: Drug Offender, Evidence, Ineffective Assistance
J. Hicks affirms the reapproval of a developer’s plan to construct three multi-family apartment buildings with 152 dwelling units in total after its previous approval was undone by a prior appeal. A conditional use permit does not require the unnecessary hardship standard of a variance and what the opponents of the plan propose as an alternative is not the same project in a different area, but a smaller project. The developer’s plan meets the criteria necessary to be granted a conditional use permit to build in a wetland zone.
Court: New Hampshire Supreme Court, Judge: Hicks, Filed On: October 12, 2023, Case #: 2022-0182, Categories: Environment, Zoning
J. Garry finds that the lower court properly denied plaintiff default judgment on civil rights claims brought against prison officials. Negligence, tort, and medical malpractice claims were not viable against two officials, and first and eighth amendment claims brought against three others were deemed premature pending a traverse hearing. Meanwhile, the change in venue did not constitute an abuse of discretion. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: October 12, 2023, Case #: 534567, Categories: Venue, Medical Malpractice, Prisoners' Rights
J. Hixon finds the commission improperly determined that the gas purchaser and supplier were subject to day-to-day standalone contracts from the time the complaint was filed through its final order. The supplier filed its complaint with the commission asserting that fees and terms and conditions of a replacement contract were unjust and discriminatory. The supplier never accepted or executed the replacement contract and an interim arrangement was made between the companies pending the outcome of the underlying action. The commission has authority to adjust fees collecting during the period in which the complaint was pending in accordance with the final fee, and the supplier is not entitled to adjustment of fees paid before the complaint was filed. Affirmed in part. Reversed in part and remanded.
Court: Oklahoma Courts Of Appeal, Judge: Hixon, Filed On: October 12, 2023, Case #: 119361, Categories: Corporations, Energy, Contract
J. Swinton finds the trial court properly granted summary judgment to the estate representative on her claim for death benefits from a life insurance policy purchased by the retirement community for its executive director. After the executive director retired, the community did not offer to transfer the policy to him. His estate representative filed this suit after his death. Though the community claims it is exempt from the insurance statute requirement to transfer the policy as a charitable or religious organization, it is not exempt as an employer. No authority has been shown otherwise. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Swinton, Filed On: October 12, 2023, Case #: 120553, Categories: Employment, Insurance, Wills / Probate
J. Gallagher finds the trial court properly determined the scope of the arbitration clause in the parties' vehicle purchase contract. There was no explicit language in the agreement that required arbitrability be determined by an arbitrator, while the lender's conduct in litigating the case for over 15 months before requesting arbitration was also a clear waiver of its arbitration rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: October 12, 2023, Case #: 2023-Ohio-3714, Categories: Arbitration, Contract
J. Breen partially grants the defendant insurance company's dismissal motion in this breach of contract lawsuit brought by a property owner whose properties were allegedly damaged by a tornado. The property owner's claim under the Unlawful Insurance Act does not apply to the insurer. Additionally, the company's dismissal motion regarding certain counts is converted to a motion for summary judgment, and the property owner will be given time "to file a rebuttal."
Court: USDC Western District of Tennessee , Judge: Breen, Filed On: October 12, 2023, Case #: 1:23cv1047, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance, Real Estate
J. Lynch finds that the workers' compensation board properly declined to reconsider a finding that a construction laborer sustained a job-related occupational disease. Although the employee had been treated for arthritis in his knees, the problem lay dormant until the physical requirements of carrying heavy materials up and down stairs and ladders for his most recent employer aggravated the condition to the point of disablement. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: October 12, 2023, Case #: CV-22-1887, Categories: Workers' Compensation
J. Clark finds that the lower court properly convicted defendant based on his guilty plea to drug possession. Defendant contends the plea was involuntary, but he had not made statements casting doubt on his guilt and corrective action was not required in the interest of justice. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: October 12, 2023, Case #: 112516, Categories: Drug Offender, Plea
J. Firko finds that the tax court properly denied a Kansas-based manufacturer summary judgment as sought based on its contention that the wholesaler-to-wholesaler exemption prevented the manufacturer from being taxed for certain years. The court properly held that the underlying tax had not been "turned off" merely because the New Jersey legislature had only previously appropriated the clean communities program fund through a line item. Meanwhile, the legislature clearly intended to continue the program imposing the litter tax. Affirmed.
Court: New Jersey Appellate Division, Judge: Firko , Filed On: October 12, 2023, Case #: A-1537-21, Categories: Tax
J. Livingston finds that the district court properly held that state prison officials had qualified immunity in claims contending merit time allowance permitting early release to parole had been revoked without due process. The inmate had a liberty interest in the allowance, which is earned through good behavior and program accomplishments, but revocation procedures are not clearly spelled out. Affirmed.
Court: 2nd Circuit, Judge: Livingston, Filed On: October 12, 2023, Case #: 22-1353, Categories: Parole, Due Process
J. Hoffman finds that the lower court properly dismissed an employee's discrimination suit against the hospital based on its rejection of her request for a religious exemption to the employer's policy requiring prove of a Covid-19 vaccination. The Illinois Health Care Right of Conscience Act protects employers from discrimination claims for policies intended to prevent contraction or transmission of Covid. It does not matter if the vaccine actually works to protect recipients, just that it is intended to provide protection against the virus's transmission. Affirmed.
Court: Illinois Appellate Court, Judge: Hoffman, Filed On: October 12, 2023, Case #: 230740, Categories: Health Care, Covid-19, Employment Discrimination
Per curiam, the Supreme Court of Ohio finds attorney Peter Lu's application for admission to the practice of law in Ohio will be denied based on questions about his past employment, including several prosecutor's offices that refused to give favorable recommendations, and a criminal investigation in Oregon, both of which reflect poorly on his fitness to practice law.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: October 12, 2023, Case #: 2023-Ohio-3684, Categories: Licensing, Attorney Discipline
J. Aarons finds that the workers' compensation board properly declined to reconsider the decision granting a teacher a 15% schedule loss of use award for her right leg injury because compensation guidelines assign a specific award for tibial fractures. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: October 12, 2023, Case #: 534831, Categories: Workers' Compensation
J. Talwani denies several seafood suppliers’ motion for summary judgment against a department of the federal government which they are suing for approving an offshore wind energy project which allegedly breaks environmental protection laws and will interfere with commercial fishing. The suppliers fail to provide substantial evidence that the project would cause significant harm to the environment or to their fishing.
Court: USDC Massachusetts, Judge: Talwani, Filed On: October 12, 2023, Case #: 1:22cv11172, NOS: Environmental Matters - Other Suits, Categories: Energy, Environment, Maritime
J. Pitman denies a law firm’s motion for a new trial after it was sued for legal malpractice due to the failure of a legal subcontractor to make timely filings. A previous jury trial determined that its legal insurance company did not fail to comply with its policy. While this outcome may be “unintuitive,” precedent would hold that the insurance company was “prejudiced” by the lack of settlement in the underlying in the case, and this prejudice “constituted a complete excuse of ... performance under the policy.”
Court: USDC Western District of Texas , Judge: Pitman, Filed On: October 12, 2023, Case #: 1:19cv629, NOS: Insurance - Contract, Categories: Insurance, Damages, Legal Malpractice
Per curiam, the Supreme Court of Ohio finds attorney Jeffery Johns Jr.'s application to practice law in Ohio will be denied based on his lengthy criminal history, which includes at length 10 incidents dating back to grade school and as recently as his violation of a civil protective order while he was in law school. Johns refuses to take responsibility for nearly any of his crimes and also lied to an attorney during a child custody case involving his daughter, all of which proves he does not possess the required moral character to practice law.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: October 12, 2023, Case #: 2023-Ohio-3679, Categories: Licensing, Attorney Discipline
J. Flanagan denies a homeowner and her counsel and appraiser their motions for judgment on the pleadings in a suit they brought against the homeowner’s insurance company over water leak damages following two separate hurricanes. The homeowner sued for over $1 million and denies that it owes the insurance company discovery because the homeowner’s counsel conducted arbitration with the company and should, therefore, be exempt based on North Carolina’s arbitration act. However, this is incorrect because the state does not extend the act to insurance appraisals.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: October 12, 2023, Case #: 4:22cv42, NOS: Insurance - Contract, Categories: Insurance, Discovery, Contract
J. Duncan finds the Appeals Court erred in affirming the post-conviction court’s determination that defendant's mental impairments were irrelevant to whether the escape clause applied. “Petitioner’s allegations, if true, are sufficient to support application of the escape clause.” Reversed.
Court: Oregon Supreme Court, Judge: Duncan, Filed On: October 12, 2023, Case #: S069222, Categories: Sentencing, Commitment