176 results for 'filedAt:"2023-11-30"'.
J. Lewis finds a lower court properly dismissed a social housing website operator's request for an extension for information under the Freedom of Information Act. The website owner argued that a local borough violated contempt of court by failing to process his request for certain details of a regeneration road project and its consultants. However, the local borough presented sufficient evidence in court that it is not obligated to comply with his demands based on the cost and the time it would take to process the information. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewis, Filed On: November 30, 2023, Case #: CA-2023-224, Categories: Contempt, Government
J. Arnold finds a lower court improperly dismissed the Competition and Markets Authority's competition claims against Apple. Apple argued that the CMA lacked authority to decide that its control over mobile ecosystems creates barriers for other entities to enter the market. However, the CMA has the standalone power and the jurisdiction to launch a market investigation. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Arnold, Filed On: November 30, 2023, Case #: CA-2023-930, Categories: Government, Unfair Competition
J. Womack finds the trial court properly denied defendant's petition for leave to proceed in forma pauperis, for extraordinary writ, and to set aside and vacate his judgment on a guilty-plea conviction for sexual assault. Defendant's claims that his conviction resulted from a civil rights violation and his challenges to the sentencing go beyond the face of the judgment and do not implicate validity. His petition was also filed three years after entry of his guilty plea and is untimely. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: November 30, 2023, Case #: CR-23-32, Categories: Habeas, Sex Offender
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J. Womack finds the circuit court improperly denied the nursing center's motion to enforce arbitration and to compel class members to submit claims to arbitration. The court’s orders do not provide the rationale behind its decision, as required by the Arkansas Supreme Court's review of previous appeals, and the appeal cannot be properly reviewed. Due to the court’s failure to adhere to the court's instructions, the case is reassigned.
Court: Arkansas Supreme Court, Judge: Womack , Filed On: November 30, 2023, Case #: CV-23-340, Categories: Arbitration, Health Care, Class Action
J. Frimpong denies an insurance company's motion for summary judgment regarding an insured's allegations that the insurer wrongfully denied his property damage claim after a reverse osmosis system failed and water flooded the kitchen. There is a genuine issue of fact regarding whether the wear and tear exclusion or water exclusion apply, and whether the insurer acted reasonably. The insurer has not shown that the loss is entirely excluded under the policy. The insured's breach of contract and breach of the implied covenant of good faith and fair dealing claims continue.
Court: USDC Central District of California, Judge: Frimpong, Filed On: November 30, 2023, Case #: 2:22cv9261, NOS: Insurance - Contract, Categories: Insurance
J. Pham denies the plaintiff employee's motion for discovery sanctions in this lawsuit alleging sex discrimination, hostile work environment and retaliation under Title VII. The former employee seeks sanctions against the employer after surveillance video of an alleged incident with a coworker was not produced. Sanctions are not appropriate, however, because the defendant company had no duty to preserve the evidence at the time it allegedly erased the video pursuant to its video retention policy.
Court: USDC Western District of Tennessee , Judge: Pham, Filed On: November 30, 2023, Case #: 2:22cv2705, NOS: Employment - Civil Rights, Categories: Sanctions, Discovery, Employment Discrimination
J. Pritzker finds that the lower court properly convicted defendant of criminal mischief for damaging his girlfriend's vehicle during an argument because evidence indicated defendant caused about $2,000 in damage after punching the hood and passenger side of a car in a rage upon being asked to exit the vehicle. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: November 30, 2023, Case #: 113367, Categories: Evidence, Property Crimes
J. Clark finds that the lower court properly convicted defendant of predatory sexual assault against a child and endangering the welfare of a child for his conduct with a 6-year-old. Defendant sought to suppress statements in which he admitted to sexual contact with the girl on grounds that police had coerced the admissions, but he had not been subjected to hours of questioning or tactics otherwise constituting "emotional battering" designed to break him. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: November 30, 2023, Case #: 113540, Categories: Miranda, Sex Offender, Child Victims
J. Trotter finds that the lower court properly granted summary judgment to the city in this case arising from a citizen's use of residential property, which allegedly violated certain municipal code provisions. The city sought injunctive relief against the citizen, based on the alleged violations, and was eventually granted a permanent injunction, following multiple continuances. The citizen challenges the validity of the city's nuisance ordinance on appeal, but she failed to properly preserve the issue for review. Also, there was no error in the decision to deny her request for court-appointed counsel. Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: November 30, 2023, Case #: 11-22-00209-CV, Categories: Civil Procedure, Municipal Law
J. Hall finds a marble countertop supplier liable for an employee’s unpaid regular and overtime compensation and wage statement violations and orders the supplier to pay $31,063 in unpaid overtime compensation, $8,104 in unpaid regular wages, plus liquidated damages, penalties, pre- and post-judgment interest, as well as attorney fees and costs. The supplier failed to present any witness testimony at trial to back up its claims that the litigant was an exempt, salaried manager.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: November 30, 2023, Case #: 2:18cv6103, NOS: Fair Labor Standards Act - Labor, Categories: Damages, Attorney Fees, Labor
J. Mackey finds that the lower court improperly classified defendant a risk level three sex offender for sexual misconduct committed as a youthful offender since counsel failed to seek a downward departure. Meanwhile, the court failed to explain the decision, necessitating remittal with newly assigned counsel. Reversed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: November 30, 2023, Case #: 529568, Categories: Ineffective Assistance, Sex Offender
J. Fallon denies summary judgment to a fuel supplier domiciled in the United Kingdom on its request for a maritime lien of $296,000 against the charterer of a Liberian-flagged vessel for unpaid fuel costs. Even if the fuel was purchased by someone with apparent authority from the vessel, the issue of damages and the reasonability of fuel supplier’s calculations is “factually pregnant," which is best resolved at trial.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: November 30, 2023, Case #: 2:23cv595, NOS: Marine - Contract, Categories: Evidence, Maritime, Business Expectancy
J. Reynolds Fitzgerald finds that the lower court properly convicted defendant of assault for repeatedly punching his former paramour's ex-boyfriend in the face after finding him naked in her bed. Defendant contends evidence did not support the verdict, but medical experts testified to the extent of the injuries, which included cheekbone, jawbone, and orbital fractures. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: November 30, 2023, Case #: 113505, Categories: Evidence, Assault, Experts
J. Smith finds the trial court properly declined the hospital’s motion to dismiss a negligence suit brought by a mother whose newborn baby died while receiving care in the pediatric intensive care unit. The hospital asserts that it is entitled to governmental immunity because the mother failed to give timely notice of her intent to file suit as required under the Texas Tort Claims Act. The mother successfully alleges that the hospital had some awareness of her intent to file suit, thus making the denial of its motion correct. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: November 30, 2023, Case #: 03-21-00575-CV, Categories: Government, Immunity, Negligence
J. Biggs denies Ford’s renewed motion for a directed verdict and motion for a new trial in a wrongful death dispute. The wife supports her claims that her husband’s exposure to the asbestos-containing products at issue while working as a tractor-trailer mechanic for 40 years contributed to his mesothelioma. Final judgment will be entered in favor of the wife, awarding her $275,000 in back pay plus prejudgment interest to the tune of nearly $67,000.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: November 30, 2023, Case #: 1:20cv98, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Settlements, Damages, Asbestos
J. Ceresia finds that the lower court improperly dismissed claims in which a nursing home seeks immunity against negligence claims stemming from the death of a resident who contracted Covid-19 early in the pandemic. The nursing home was not rendered liable for past acts by the repeal of state emergency measures granting immunity to health care professionals providing treatment to Covid patients because retroactivity was not presumed or expressed in the legislation. Meanwhile, the decedent's records indicate she was closely monitored and that care had been provided on a good faith basis. Reversed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: November 30, 2023, Case #: 535767, Categories: Tort, Immunity, Covid-19
Per curiam, the appellate division finds that attorney Priscilla Jennifer Triolo may be reinstated following her September 2022 suspension for failing to meet registration requirements because she demonstrated compliance with the suspension order and the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 30, 2023, Case #: PM-270-23, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Kelly Baumer Bryan may be reinstated following her January 2014 suspension for failing to meet registration requirements because she demonstrated compliance with the suspension order and the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 30, 2023, Case #: PM-268-23, Categories: Attorney Discipline
J. Westbrook finds the district court properly entered judgment regarding a petition for judicial review of an administrative decision by the transportation authority. The charter bus company was cited and fined for improperly staging vehicles at casinos without a charter order. Though the charter service says the staging prohibition is federally preempted, this is incorrect since the prohibition is related to safety. The charter service has also failed to develop the record at the agency level. Affirmed.
Court: Nevada Court of Appeals, Judge: Westbrook , Filed On: November 30, 2023, Case #: 85007-COA, Categories: Transportation, Agency
J. England grants, in part, a medical office and physician’s motion to dismiss a patient’s Americans with Disabilities Act amended complaint. The ADA and Rehabilitation Act, Equitable Telehealth Access and medical malpractice claims are almost identical to the original complaint and are denied. He failed to state a claim for intentional infliction of emotion distress and is dismissed with prejudice. The Court denies the patient’s motion for injunctive relief and her summary judgment is denied without prejudice. The medical office and physician are to answer the amended complaint and the parties shall file their report with the court.
Court: USDC Northern District of Alabama , Judge: England, Filed On: November 30, 2023, Case #: 2:23cv416, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Remedies, Medical Malpractice
J. Parker finds that the lower court improperly affirmed an administrative order revoking the appellant's driver's license. The appellant was allegedly involved in a motor vehicle accident, but the evidence is insufficient to support the revocation of his license. The police report indicated that he was "having a mental health episode," but there is no evidence that the the officer "was qualified to make a mental health determination." Reversed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: November 30, 2023, Case #: 07-23-00236-CV, Categories: Administrative Law, Vehicle
J. Roby denies a request by a staffing agency for New Orleans area hospitals to sanction counsel for a health care services provider for alleged harassment of its corporate representative related to her deposition for a contractual dispute. Only four pages of a deposition transcript have been provided and, therefore, it is impossible to know whether the accused litigant’s requests were proper.
Court: USDC Eastern District of Louisiana , Judge: Roby, Filed On: November 30, 2023, Case #: 2:22cv2322, NOS: Other Contract - Contract, Categories: Employment, Evidence, Health Care
J. Russell affirms the commission's decision to dismiss the network provider's petition for a declaratory judgment for lack of subject matter jurisdiction. The provider sought compensation from a private construction company that worked with the Virginia Department of Transportation's expansion of a road that required the relocation of four of the provider's facilities located in public rights-of-way. The origin of this claim is the contract between the provider and VDOT, which the commission and court are barred from reviewing.
Court: Virginia Supreme Court, Judge: Russle, Filed On: November 30, 2023, Case #: 230400 , Categories: Construction, Agency, Contract
J. Soto remands to lower court several cases, including this one, stemming from arrests of migrants for criminal trespass under Texas’ “Operation Lone Star,” a state policy ostensibly intended to “deter[] illegal border crossing” and “prevent criminal activity along the border.” Defendant argued the charge was unconstitutional, including because the state was “selectively prosecuting men, and not similarly situated women.” Following a favorable ruling from the Fourth Court of Appeals in a similar case, defendants facing such charges are entitled to reconsideration.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: November 30, 2023, Case #: 08-23-00200-CR, Categories: Constitution, Immigration, Trespass
J. Taylor finds the lower court properly convicted defendant of unlawfully possessing a regulated firearm and ammunition for displaying a handgun during the course of a confrontation with another man in a parking lot. Defendant was sentenced to 10 years incarceration, with five years to serve and three years probation. Evidence in this case was properly admitted and considered, and any possible prejudice is deemed harmless. Affirmed.
Court: The Appellate Court of Maryland, Judge: Taylor, Filed On: November 30, 2023, Case #: 1254, Categories: Evidence, Firearms