173 results for 'filedAt:"2023-12-06"'.
J. Rodriguez grants the real estate company's motion to substitute an expert witness in its lawsuit over an insurance payment for damage and repair to the real estate company's property. The company's original expert witness became unavailable due to his wife's health issues more than a month after his timely designation, which was outside of the company's control. The deadline to designate expert witnesses is granted for the sole purpose of allowing the company to redesignate this expert.
Court: USDC Southern District of California, Judge: Rodriguez, Filed On: December 6, 2023, Case #: 3:22cv1789, NOS: Insurance - Contract, Categories: Insurance, Experts, Discovery
J. Pickett finds that defendant was properly convicted of the responsive verdicts of manslaughter and second degree feticide for the death of a woman and her unborn child, in which the victim's body was found in a park. The evidence was sufficient to find defendant guilty of the crimes, and there was no double jeopardy violation regarding the feticide conviction. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: December 6, 2023, Case #: KA-23-187, Categories: Evidence, Double Jeopardy, Manslaughter
J. Perry finds that defendant was properly convicted of counts including aggravated assault with a firearm and second degree battery stemming from an attack on his girlfriend. There was no error in the denial of defendant's motion for new trial since he did not show a violation of his right to assistance of counsel. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: December 6, 2023, Case #: KA-23-334, Categories: Criminal Procedure, Assault, Battery
J. Stiles finds that defendant was properly convicted of attempted second degree murder and aggravated battery after she hit two sisters with her vehicle following an altercation. The evidence does not support defendant's argument that she was "justified in attempting to defend the occupants of her motor vehicle" and indicates that she followed the victims into the alley "with the intention of running them over." Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: December 6, 2023, Case #: KA-23-395, Categories: Intent, Murder, Battery
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J. Johnson finds the trial court properly convicted defendant for evading arrest or detention with a motor vehicle. The record supports the state’s race-neutral explanation for its peremptory strikes of jurors with Hispanic surnames. Other jurors with Hispanic surnames served on the jury and the trial court could have reasonably determined that defendant failed to meet his burden to show that the facially neutral reason was pretextual. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: December 6, 2023, Case #: 09-23-00070-CR, Categories: Jury, Escape, Vehicle
J. Benton finds a lower court improperly ruled in favor of a labor relations board on unfair labor practices brought by a group of a small business maintenance company employees. The labor relations board argued that it properly terminated 17 maintenance employees after discovering a screwdriver left inside of a jet engine. However, the board's decision may have been based on suspicion. Vacated.
Court: 8th Circuit, Judge: Benton, Filed On: December 6, 2023, Case #: 22-2958, Categories: Employment, Employment Discrimination, Labor / Unions
J. Abramson finds the trial court properly denied defendant's petition for postconviction relief from her convictions for aggravated residential burglary and first-degree battery. Testimony shows defendant poured liquid cleaning chemicals on the homeowner and his child as they slept. Though the victim had a casual intimate relationship with defendant and she claims her actions were in self-defense, the victim says she had entered the home without his knowledge. A recording depicting the victims' suffering from chemical burns may have incited the jury, though defense counsel says that it “didn’t occur to” him at trial. Trial strategy is a matter of professional judgment and not grounds for an ineffective assistance finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: December 6, 2023, Case #: CR-22-558, Categories: Burglary, Ineffective Assistance, Battery
J. Wood finds the circuit court properly terminated the mother's parental rights to her child. The child tested positive for drugs, including meth, amphetamines, opiates and marijuana at birth, and the department exercised emergency custody after the mother failed to take part in services and was later arrested on drug charges. The mother’s failure to participate in services and her instability support the best interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: December 6, 2023, Case #: CV-23-502, Categories: Evidence, Family Law, Guardianship
J. Gruber finds the circuit court improperly granted $13,000 in attorney fees to the husband in a consolidated divorce, conversion and replevin action. The only cause of action the husband prevailed upon was for replevin, which is not a cause of action for which there is statutory authority to award fees. Reversed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: December 6, 2023, Case #: CV-22-292, Categories: Family Law, Property, Tort
J. Bell grants in part a school board’s motion dismiss the second amended complaint brought by a disabled student’s mother, who says a teacher repeatedly abused the student. The teacher reportedly put her hands over the student’s mouth and nose multiple times to stop him from making noise and physically put him into a trash can because she said that if he acted like trash, she would put him where trash belongs. Because the school’s liability insurance does not cover certain claims such as this, the board retains governmental immunity on the mother’s negligence claim for lack of jurisdiction. However, the allegations on the remaining claims will proceed because there has been no voluntary resolution suggested by either party.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: December 6, 2023, Case #: 5:20cv192, NOS: Education - Civil Rights, Categories: Civil Rights, Tort, Negligence
J. Cradle finds the lower court properly terminated the mother's parental rights and granted permanent custody of the child to family services. Although she completed a portion of her case plan, she failed to grasp how her domestic violence issues impacted the child and continued a relationship with the child's abusive father even though it had resulted in various protective orders and criminal charges. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: December 6, 2023, Case #: AC46465, Categories: Evidence, Family Law
J. Molaison finds that the trial court properly granted the executor of the decedent's estate's peremptory exception of no cause of action as to heirs' petition to annul judgment obtained by fraud. The heirs claimed that the executor had breached a fiduciary duty to carry out the terms of the decedent's will "in purposely ignoring the wishes of the Decedent and allowing the succession proceeding to lay dormant until such time as he could seek dismissal of the April 8, 2005 Codicil, therefore, directly benefitting himself as one of the heirs of the Decedent.” The heirs' claim does not state facts sufficient to state a cause of action for nullity based on fraud or ill practices. However, the heirs should be given the opportunity to amend their petition to state a cause of action. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: December 6, 2023, Case #: 23-CA-15, Categories: Wills / Probate, Contract
[Consolidated.] Per curiam, the circuit finds that the district court improperly held that a settlement accepted in the death of a disabled woman in state care barred her family from seeking attorney fees because the agreement was akin to a contract, and its terms did not speak specifically to such recovery. Meanwhile, the agreement did not block the family from bringing an action in state court. Reversed in part.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 6, 2023, Case #: 22-2329-cv (L), Categories: Settlements, Tort, Attorney Fees
J. Buchanan finds that the trial court properly denied defendant's petition for resentencing on a first degree, lying-in-wait murder conviction. He failed to establish that statutory changes meant that he could not be presently convicted of the crime based on his actions. Affirmed.
Court: California Courts Of Appeal, Judge: Buchanan, Filed On: December 6, 2023, Case #: D081861, Categories: Murder, Sentencing
Per curiam, the court of appeals denies the claimants' petition for a writ of mandamus to compel the administration to re-adjudicate reimbursement claims for emergency care at non-VA facilities. The proposed class of petitioners fails to show the administration has unreasonably delayed adjudication of claims. The time involved in litigation, rulemaking and the competing interests in an overburdened system does not support the assertion that claims have been stalled to an extent warranting mandamus. There is also no need to certify a class to deny a writ to the whole class.
Court: Court Of Appeals For Veterans Claims, Judge: Per curiam, Filed On: December 6, 2023, Case #: 23-3260, Categories: Veterans, Due Process, Class Action
J. Reyna finds that the U.S. Court of International Trade properly ruled in this tariff dispute because knit gloves with plastic coating were properly classified under the harmonized tariff schedule. Affirmed.
Court: Federal Circuit, Judge: Reyna, Filed On: December 6, 2023, Case #: 2022-1793, Categories: Trade
J. Huffaker grants summary judgment in favor of the insured and equipment owner in this insurance coverage dispute. The insurer claims a 2016 cotton picker machine is not covered under the scheduled property provision of the policy. The insured is entitled to the coverage benefits under the property provisions by clearly written in the policy and the insurer must pay the remaining claim due of $463,356.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: December 6, 2023, Case #: 2:22cv465, NOS: Insurance - Contract, Categories: Insurance, Property, Damages
J. Budd transfers a case from Housing Court to the Superior Court of Massachusetts. Based on the plain language of a statute, the Housing Court does not have jurisdiction over this case because the landlord being sued for pregnancy discrimination chose to have the complaint against him heard in court, rather than by commission, and when such an election is made, the Superior Court is the designated court.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: December 6, 2023, Case #: SJC-13438, Categories: Employment, Jurisdiction, Employment Discrimination
J. Gordo finds there is no jurisdiction to hear the citizens' appeal of the trial court's non-final order denying their motion to add a property owner as a defendant in their lawsuit over injuries they sustained at a hotel, as the trial court's order did not actually adjudicate and determine personal jurisdiction over the property owner. The citizens' appeal is dismissed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: December 6, 2023, Case #: 23-0205, Categories: Tort, Jurisdiction
J. Pagan finds the Workers’ Compensation Board (board) properly construed and applied the so-called “firefighter’s presumption” when it reversed an employer’s denial of an employee's occupational disease claim. “The board’s representation of [expert] opinion is reasonable and supported by substantial evidence.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: December 6, 2023, Case #: A177814, Categories: Employment, Workers' Compensation
J. Aiken grants the consumer default judgment on all but the unjust enrichment claim of his lawsuit accusing the research and product development company of selling a supercritical fluid extractor after the delivery date and in an unusable state. Because the consumer establishes that he met his obligations under the agreement and that the company violated its warranty by delivering a defective item late, the consumer and Caldera Group are entitled to $6.9 million in damages.
Court: USDC Oregon, Judge: Aiken, Filed On: December 6, 2023, Case #: 1:22cv1076, NOS: Other Contract - Contract, Categories: Damages, Warranty, Contract