178 results for 'filedAt:"2023-10-25"'.
J. Soto finds a lower court erred in dismissing a lawsuit brought by a homeowner against Bank of America in a dispute over a loan. The homeowners raised a number of genuine factual disputes that should have defeated the bank’s motion to dismiss in lower court, including questions of whether lenders had “provided a constitutionally required notice” before starting foreclosure proceedings.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: October 25, 2023, Case #: 08-20-00184-CV, Categories: Civil Procedure, Banking / Lending, Foreclosure
J. Hodges finds that the trial court improperly ruled in favor of the company with regard to the restaurant operator's breach of contract and declaratory judgment claims but correctly denied the operator's motion for partial summary judgment in an action arising from a dispute over parking rights. The language of the lease between the parties is ambiguous and a jury must decide the parties' intent as to exclusive evening parking spaces for the restaurant. However, the trial court properly ruled in favor of the company on the operator's tortious interference and trespass claims related to a valet contract. Reversed in part.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 25, 2023, Case #: A23A0975, Categories: Contract
J. Schumacher finds that defendant was properly denied relief from her conviction for grocery store theft. Defendant contends a witness had been biased against her and her family, but a cross examination of the witness would not have produced a different trial outcome. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: October 25, 2023, Case #: 22-1998, Categories: Ineffective Assistance, Theft
J. Griffin finds that while defendant did not own or reside at the property owned by his girlfriend and used to traffic controlled substances, his continued storage of heroin, fentanyl and other illegal drugs at the home showed a degree of control that allowed the trial court to apply the "drug-house" sentencing enhancement. Additionally, the overwhelming evidence of defendant's control over the trafficking ring, including testimony from accomplices that he directed them to distribute drugs and collect payments, allowed for the leadership sentencing enhancement. Affirmed.
Court: 6th Circuit, Judge: Griffin, Filed On: October 25, 2023, Case #: 23-5064, Categories: Drug Offender, Sentencing
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J. Wright grants final approval to a class-action settlement in securities litigation, the exact nature of which remains under seal, but which involved allegations that a company misrepresented facts about its products and supply chains to investors. The settlement provides adequate relief for all class members in the form of reforms to the company's corporate governance and risk management, and the attorney fees awarded are appropriate.
Court: USDC Minnesota, Judge: Wright, Filed On: October 25, 2023, Case #: 0:21cv1965, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Wright denies the former employee and his new employer's motion to dismiss the prior employer's suit claiming violations of noncompetition agreements, but grants their motion to strike an amended complaint and denies the former employer's motion to amend. The lack of a signature from the former employer's CEO on the employee's employment agreement does not render it unenforceable, and the former employer has sufficiently pled a legitimate business interest justifying restrictive covenants in the agreements. The employee and new employer's argument that the former employer has not sufficiently pled its claims involving non-compete or supplier or employee non-solicit violations is barred because it was not raised in their first motion to dismiss, and the former employer has adequately pled two tortious-interference claims.
Court: USDC Minnesota, Judge: Wright, Filed On: October 25, 2023, Case #: 0:21cv1512, NOS: Other Contract - Contract, Categories: Employment, Contract
Vance grants BP Exploration & Production's motion to exclude the clean up worker's general causation expert in his lawsuit alleging he was exposed to crude oil and dispersants as a result of the Deepwater Horizon oil spill in the Gulf of Mexico, leading him to suffer from a variety of health problems. The expert's "failure to identify the level of exposure to a relevant chemical that can cause the conditions asserted in plaintiff's complaint renders his opinion unreliable, unhelpful, and incapable of establishing general causation." Because the worker's only expert is excluded, the worker fails to establish general or specific causation, so his complaint is dismissed with prejudice.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: October 25, 2023, Case #: 2:17cv3024, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Experts
J. Walter finds that an NFT creator is entitled to recover $1.3 million of a visual artist's profits after the artist was found to have created NFTs using pointers to the original NFTs, allegedly to highlight the original NFT creator's "use of racist, neo-Nazi, and alt-right messages and imagery." After trademark infringement was established, disgorgement of the artist's profits was warranted. The NFT creator is also entitled to $200,000 in statutory damages for the artist's cybersquatting violations. The NFT creator is granted a permanent injunction against the visual artist. The NFT creator is entitled to recover reasonable attorney fees and costs as well.
Court: USDC Central District of California, Judge: Walter, Filed On: October 25, 2023, Case #: 2:22cv4355, NOS: Trademark - Property Rights, Categories: Trademark
Per curiam, the court of appeal finds that the trial court improperly amended defendant's sentence for armed robbery with a firearm because the postconviction court "found an ambiguity where one did not exist" in holding that the trial court used "strange syntax" upon imposing maximum sentences with three-year mandatory minimums. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: October 25, 2023, Case #: 2D22-2958, Categories: Sentencing, Assault
J. Hixson finds the circuit court improperly granted summary judgment to the law firm, finding that the breach of a fee-sharing contract claims brought by the other law firm are barred after an initial case resulted in the court’'s finding that no contract existed. The law firm’s claim that it was entitled to summary judgment on the basis of res judicata is misplaced, as the original suit resulted in the finding that no contract existed. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: October 25, 2023, Case #: CV-21-276, Categories: Due Process, Attorney Fees, Contract
J. Barrett finds the trial court properly convicted defendant for the rape of his wife and domestic battery. Video evidence shot by the wife shows that defendant became upset when he found that his wife texted photos of her children to her ex-husband, the children’s father. The confrontation led to accusations of his watching porn, which led to the assault that included defendant’s inserting his fingers into his wife’s vagina. All evidence supports the convictions and the court properly denied defendant’s motion to included evidence of his wife’s prior sexual conduct. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: October 25, 2023, Case #: CR-22-814, Categories: Evidence, Sex Offender, Battery
J. Wood finds the circuit court properly denied the father’s petition for modification of custody. The father alleges that the mother allowed a man to whom she was not married to stay in her home while their child was present, violating the divorce decree, and had perpetrated a fraud by falsely testifying that this was not true. The court did not clearly err in finding that the mother did not violate the decree because she was not living with the man. The court also made several other findings in support of its conclusion that there had been no material change of circumstances. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: October 25, 2023, Case #: CV-22-595, Categories: Evidence, Family Law, Guardianship
Per curiam, the appellate division finds that the lower court properly denied the school's motion to dismiss sex abuse and negligent supervision claims stemming from a girl's alleged abuse by a school nurse. The student adequately alleges that the school knew or should have known of the individual's propensity to engage in misconduct. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 25, 2023, Case #: 05396, Categories: Education, Negligence
J. Chicchelly finds that defendant was properly sentenced based on his guilty plea to attempt to commit murder and two counts of willful injury causing serious injury because defendant failed to support his claim that the lower court considered his lack of remorse in sentencing him to 25 years imprisonment. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly , Filed On: October 25, 2023, Case #: 22-1575, Categories: Murder, Sentencing
J. Langholz finds that an employee was improperly denied a petition to review and reopen in which she sought to obtain further workers' compensation benefits. The employee demonstrated an economic change in her condition since she had been laid off due to the closure of a plant that had accommodated her disability. Reversed.
Court: Iowa Court Of Appeals, Judge: Langholz, Filed On: October 25, 2023, Case #: 23-0018, Categories: Workers' Compensation
J. Humes finds the trial court properly convicted defendant for felony robbery of a restaurant at which he used to work. Evidence shows that defendant did not return the restaurant’s keys when he left his employment, and that significant debts he had were paid off shortly after the robbery. This supports the convictions. Defendant’s motion for a mistrial was properly denied after a substitute judge took over due to Covid-19 concerns. The judges’ communications were ethical and did not deny defendant a fair trial. Any error in permitting the jury to deliberate remotely for one day was harmless because the record establishes that the deliberation did not result in a finding of guilt. Affirmed.
Court: California Courts Of Appeal, Judge: Humes, Filed On: October 25, 2023, Case #: A165957, Categories: Evidence, Fair Trial, Robbery
[Consolidated.] J. Menetrez finds the trial court improperly convicted defendant for threatening statements made to judges. Because a judge is not an “executive officer” within the meaning of certain penal code, defendant is not liable under that provision as a matter of law. “Executive officer” unambiguously refers to an officer of the executive branch, of which judges are not a part. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: October 25, 2023, Case #: E079389, Categories: Judiciary, Threats, Due Process