141 results for 'filedAt:"2023-11-28"'.
Per curiam, the appellate division finds that the lower court improperly granted the city's partial motion to dismiss this case without specifying which portions of the city's motion to dismiss the court intended to deny. However, the woman is not entitled to a default judgment against the city because it showed that its delay in answering the complaint was reasonably due to complications caused by Covid-19. Vacated in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 28, 2023, Case #: 06088, Categories: Civil Procedure
J. Locke finds a property developer’s substantive and procedural due process and equal protection claims against the Long Island town of East Hampton were sufficiently adjudicated in state court and dismisses their civil rights complaint under the doctrine of res judicata. The property developer sued the town and various public officials on claims that the town issued a stop-work order on the construction of a two-story mixed commercial-residential building without giving the developer an opportunity to contest the order after discovering it had used concrete instead of asphalt, in violation of their building permit, for several disability-related improvements in the property’s parking lot.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: November 28, 2023, Case #: 2:20cv5828, NOS: Other Civil Rights - Civil Rights, Categories: Zoning, Due Process, Equal Protection
Per curiam, the appellate division finds that the lower court properly granted the city's motion to dismiss the complaint against it. The estate failed to show the city owed the decedent any special duty. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 28, 2023, Case #: 06106, Categories: Tort
J. Page finds that the lower court properly found for the vacation management company after it canceled a man's reservation, then charged him a higher price for the same rental. The parties' contract allows the company to unilaterally change the price of the rental without notice, so it did not commit any fraud. Affirmed.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: November 28, 2023, Case #: ED111401, Categories: Consumer Law, Contract
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J. Calabresi finds that the district court properly convicted defendant of facilitating loan approvals as a bank executive in exchange for assistance in landing a position in the election campaign for and, subsequently, the administration of Donald Trump, potentially as secretary of the army. Defendant's arguments lack merit in contending his conduct did not meet the definition of "corrupt" under the financial institution bribery statute and that the assistance he sought did not constitute a "thing of value." Affirmed.
Court: 2nd Circuit, Judge: Calabresi, Filed On: November 28, 2023, Case #: 22-313, Categories: Bribery, Banking / Lending
J. Whitney partially grants a farming corporation’s motion in limine, particularly as it relates to the corporation’s lack of an OSHA investigation into a former maintenance worker’s loss of a leg while cleaning the inside of a grain bin. Although the corporation failed to initiate an OSHA investigation after the injury, and also instructed the worker’s wife not to contact OSHA, these specific actions cannot be said to have explicitly caused or contributed to the injury since they happened afterward. Related testimony may, therefore, be excluded.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: November 28, 2023, Case #: 3:22cv413, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Premises Liability, Labor
J. Staton partially grants the consumers' motion for attorney fees for their complaint asserting that Mercedes-Benz USA sold them a vehicle with serious defects, including “powertrain system defects, engine defects and other serious nonconformities.” The consumers' counsel submits reasonably detailed billing records for 30.7 attorney hours for three attorneys, but their claim that their possibly delayed time spent on a $59,000 settlement offer does not justify the costs incurred after Jul. 10, 2023, when MBUSA removed this case to federal court.
Court: USDC Central District of California, Judge: Staton, Filed On: November 28, 2023, Case #: 2:23cv5532, NOS: Other Contract - Contract, Categories: Settlements, Attorney Fees, Contract
J. Goldman reverses a 15% administrative fee that was tacked onto two $10,000 restitution orders defendant received after pleading guilty to assault on a police officer because the statute calling for such administrative fees had been repealed at the time of sentencing. But his challenge to the restitution orders was not preserved since he failed to object to them at sentencing. Reversed in part.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: November 28, 2023, Case #: A164989, Categories: Restitution, Due Process
J. Quraishi rules in part for the commodity futures trading commission in claims contending a foreign exchange company refused to allow customers to withdraw accounts before dissolving. The complaint adequately alleges the manager made misrepresentations to entice investors to deposit funds which he appropriated for his own use. However, the claims fail to allege he advised others on the value of trading forex or that he qualified as a registered commodity trading advisor.
Court: USDC New Jersey, Judge: Quraishi , Filed On: November 28, 2023, Case #: 3:21cv17776, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Bagley orders the operators of a now-defunct Queens-based Greek-style restaurant to pay two employees a total of $191,274 in unpaid regular, overtime and spread of hours wages plus liquidated damages after the court found them jointly and severally liable for state and federal labor law violations following a bench trial. The judge found the employers to be less than truthful in their testimonies when it came to details regarding the employees’ compensation and hours worked.
Court: USDC Eastern District of New York, Judge: Bagley, Filed On: November 28, 2023, Case #: 2:15cv5081, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages, Labor
J. Bishop finds the trial court properly determined the amount of the former company vice president's interest in the company in an employment contract action. The court denied the company's motion for a directed verdict seeking declaratory judgment in favor of its determined amount of $410,000 and found the fair market value was $2 million. An independent expert business valuator noted the company's analysis lacked independence and consideration of future projects, while it also used an excessive discount rate and subtracted future debt. Furthermore, the former vice president testified his IRS filing reflects a $2 million closeout of the account. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: November 28, 2023, Case #: A-22-892, Categories: Employment, Securities, Contract
J. Welch finds the trial court properly convicted defendant for refusal to submit to a test, driving under revocation and operating a motor vehicle to avoid arrest. Defendant did not stop for more than 10 blocks when the officer attempted to pull her over for speeding, and was found to have bloodshot eyes and smelled of alcohol while operating under a revoked license. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: November 28, 2023, Case #: A-23-262, Categories: Evidence, Ineffective Assistance, Dui
J. Dysart finds that the Louisiana Tax Commission properly granted a taxpayer's protest to reduce the valuation of her property by the assessor. The taxpayer showed that the property has only been used as greenspace and for water retention and provided evidence of the substandard condition of the streets near her vacant lot. The taxpayer claimed that the assessor inequitably valued her property by failing to take into account the varying condition of streets in the neighborhood. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: November 28, 2023, Case #: 2023-CA-0079, Categories: Administrative Law, Property, Tax