201 results for 'filedAt:"2023-06-15"'.
J. Partida-Kipness withdraws the court's prior opinion and substitutes the current opinion, holding that the lower court improperly awarded attorney fees to the wife in this divorce proceeding. It was an abuse of discretion to award the requested fees, as there was no evidence regarding the attorney's experience, his hourly rates or the time he spent on the case. Reversed in part.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: June 15, 2023, Case #: 05-21-00915-CV, Categories: Civil Procedure, Family Law, Attorney Fees
J. Fisher finds that the lower court properly convicted defendant of drug possession, using drug paraphernalia, and aggravated unlicensed operation of a motor vehicle. Defendant contends his prior convictions should not have been raised at trial, but such was permissible when counsel tried to shift blame for drugs found during a search of defendant's home to his wife, who died soon after defendant's indictment. However, sentencing on two counts should not have been imposed consecutively, as all counts should run concurrently. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: June 15, 2023, Case #: 112308, Categories: Drug Offender, Evidence, Sentencing
J. Rodriguez partially dismisses a premise liability lawsuit against Veterans Affairs. The Department of Veterans Affairs argued the case should be dismissed because it was not properly served, but the department should simply be dismissed as a party in this case because the U.S., not an individual department, is the correct defendant under the Federal Tort Claims Act. While the individual bringing the suit will have the option to refile, her amended complaint “should clearly reflect” the clarifications made by this court regarding proper parties in the case.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: June 15, 2023, Case #: 5:22cv652, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Tort, Immunity
J. VanMeter dissolves attorney Ronnie Lee Goldy's temporary suspension for commencing a sexual relationship with an inmate in return for his representation while serving as a commonwealth attorney because he no longer poses a threat to the public following impeachment and removal from his position.
Court: Kentucky Supreme Court, Judge: VanMeter, Filed On: June 15, 2023, Case #: 2022-SC-0289-KB, Categories: Attorney Discipline
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J. Mauro finds that the trial court properly denied an employee's Government Claims Act complaint, which he filed after being denied three $50,000 awards under an employee suggestion program, as barred by the one-year statute of limitations. Affirmed.
Court: California Courts Of Appeal, Judge: Mauro, Filed On: June 15, 2023, Case #: C094482, Categories: Employment, Trade Secrets, Contract
J. Fox finds that the district court properly gave effect to a dying man's intent to give his adoptive daughter his Ford Bronco. His failure to transfer title did not deprive the adoptive daughter of ownership since his videotaped instructions from a Covid-19 isolation ward were clear and unambiguous and he directed his employee to give the keys to her. Affirmed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: June 15, 2023, Case #: 22CA1076, Categories: Wills / Probate
[Modified.] J. Whitman changes several sentences in a case about utility rates and denies a petition for rehearing with no change in judgment. The trial court properly found in favor of the utility district in this purported class action alleging that its tiered-rate water structure to determine the cost of water service violates the California Constitution. If notice was required under the Government Claims Act, any of the Act’s time requirements did not extend the statute of limitations applicable to the action seeking refund of allegedly illegal fees. Because the complaint mainly challenges the tiered-rate structure, the validation statute’s shorter statute of limitations governs. Affirmed.
Court: California Courts Of Appeal, Judge: Whitman, Filed On: June 15, 2023, Case #: A163054, Categories: Constitution, Government, Class Action
J. Agee finds the lower court properly granted judgment to the plaintiff software protection company. The defendant software protection company failed to show any evidence despite accusing the plaintiff software protection company of engaging in unlawful conduct related to the content of the defendant software protection company's vulnerability database. Affirmed.
Court: 4th Circuit, Judge: Agee, Filed On: June 15, 2023, Case #: 22-1812, Categories: Copyright, Trade Secrets, Business Practices
J. Hurd preserves the majority of claims asserted in a putative class action false advertising lawsuit brought against Colgate-Palmolive, the household consumer products manufacturer. The court finds the litigants sufficiently allege customers of its EltaMD-brand premium sunscreen products could be led to believe, from the products' front labeling to their respective store pages on Amazon, that zinc oxide was the sole active ingredient.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: June 15, 2023, Case #: 5:22cv1294, NOS: Other Fraud - Torts - Personal Property, Categories: Product Liability, Class Action, False Advertising
J. Do finds that the trial court erred in compelling the compliance of nonparties with subpoenas to appear and produce documents in an arbitration proceeding. The subpoenas were discovery subpoenas that impermissibly required the production of documents by nonparties. That the production was required to take place at a hearing did not transform them into subpoenas to attend a hearing, which could be compelled. Reversed.
Court: California Courts Of Appeal, Judge: Do, Filed On: June 15, 2023, Case #: D080532, Categories: Arbitration, Discovery, Contract
Per curiam, the court of appeals finds that the appellate division properly upheld defendant's classification as a risk level three sex offender. Defendant contends his prison record supported level two classification, but the court did not abuse its discretion in concluding that sexually assaulting five women at knifepoint over a yearlong string of burglaries demonstrated defendant's risk to reoffend. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: June 15, 2023, Case #: 72 SSM 3, Categories: Sentencing, Sex Offender
J. Robinson affirms a lower court ruling dismissing medical malpractice claims against a hospital by a patient who claims a surgeon improperly placed hardware in his spine. The patient failed to provide expert testimony evidencing any causal link between the surgeon’s alleged breach of the standard of care and the patient’s alleged injuries. Affirmed.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: June 15, 2023, Case #: No. 22-235 , Categories: Evidence, Health Care, Medical Malpractice
J. Chen grants summary judgment in favor of San Francisco after a former assistant DA for the city says he was fired because of his age and that the city filed a complaint against him with the state bar without good cause. The city has shown he was fired due to poor performance and complaints the former employee received, and the city had every right to bring evidence of his poor conduct to the state bar.
Court: USDC Northern District of California, Judge: Chen, Filed On: June 15, 2023, Case #: 3:21cv8955, NOS: Employment - Civil Rights, Categories: Employment
Per curiam, the appellate division finds that Connecticut attorney William Shannon may resign from the New York bar in the face of disciplinary action. Suspended in 2014 for failing to meet registration and continuing legal education requirements, Shannon acknowledged he could not defend against the charges and freely offered his resignation. As a result, he also was disbarred.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 15, 2023, Case #: PM-130-23, Categories: Attorney Discipline
[Consolidated.] Per curiam, the appellate division finds that appellate counsel may withdraw from a criminal case in which defendant pleaded guilty to drug possession. However, new counsel must be assigned because an abuse of discretion may have occurred in denying defendant adjournment at sentencing to file a motion to withdraw his guilty plea.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 15, 2023, Case #: 112064, Categories: Criminal Procedure, Drug Offender, Plea
J. Halligan finds that the appellate division properly remitted defendant's recidivism classification based on the incorrect calculation of his sex offender risk assessment score. Correcting the error on remittal was within the court's authority, but a higher risk level remained available upon taking a full look at defendant's behavior. Affirmed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: June 15, 2023, Case #: 50, Categories: Criminal Procedure, Sentencing, Sex Offender
J. Kilbane finds the trial court properly assessed attorney fees against the wife because the evidence in the record supports the husband's claim for frivolous conduct, including the wife's attempt to voluntarily dismiss the case 15 minutes before a hearing was set to begin and false accusations of abuse made only after she disagreed with the court's division of assets. Because the amount of fees is $15,000 less than the amount requested by the husband and the wife offers no documentation to support her claim the award is excessive, it will not be overturned on appeal. Affirmed.
Court: Ohio Court Of Appeals, Judge: Kilbane, Filed On: June 15, 2023, Case #: 2023-Ohio-1969, Categories: Family Law, Attorney Fees
J. Taranto finds that the veteran's court improperly declined to change the disability effective date because the veteran would have applied for disability sooner but for threats of court-martial should he reveal information regarding secret testing performed on him with chemical warfare agents. Reversed.
Court: Federal Circuit, Judge: Taranto, Filed On: June 15, 2023, Case #: 2019-2211, Categories: Veterans, Military
J. Lynch finds that the lower court properly determined a father willfully violated a prior support order and sent him to jail for six months. The father provided proof that back surgery necessitating a lengthy hospital stay rendered him unable to work, but he failed to demonstrate he tried to find work within his health limitations. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: June 15, 2023, Case #: 536053, Categories: Contempt, Family Law
Per curiam, the appellate division finds that attorney Albana Alla may be reinstated following her September 2022 suspension for failing to meet attorney registration requirements because Alla complied with the suspension order and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 15, 2023, Case #: PM-125-23, Categories: Attorney Discipline
J. Pipkin finds that the trial court properly granted the city of Clarkston's motion to dismiss an action brought by the city of Tucker for declaratory and injunctive relief alleging that Clarkston illegally annexed incorporated property. The trial court correctly found that the case was moot in light of Clarkston's division of the 14-acre tract into two parts and de-annexation of the contested portion of the property. The owner of the allegedly improperly annexed property sent a request to Tucker asking that the parcel be annexed into Tucker. Clarkston is therefore no longer making any claim to the property. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 15, 2023, Case #: A23A0511, Categories: Property
Per curiam, the appellate division finds that attorney Hong Ye may be reinstated following his September 2022 suspension for failing to meet attorney registration requirements because Ye complied with the suspension order and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 15, 2023, Case #: PM-124-23, Categories: Attorney Discipline
J. Rivera finds that the appellate division improperly upheld the decision to sentence defendant as a level three risk for recidivism because the level had been increased based on his prison disciplinary history despite counsel's objections and without providing notice or the opportunity to be heard. Reversed.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: June 15, 2023, Case #: 49, Categories: Sex Offender, Due Process
J. Garry finds that the lower court properly granted a father's request to modify an order to provide him full custody of his child. The change served the child's best interests because the parents had a strained relationship, and the mother failed to properly administer medications to the child. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: June 15, 2023, Case #: 535679, Categories: Family Law
J. Baker, on review, finds the court of appeals improperly affirmed the trial court’s granting of the estate administrator’s motion to dismiss this suit arising from an auto accident between the plaintiff and the deceased, alleging negligence of the deceased. It is unclear that the complaint was time-barred pursuant to the general three-year statute of limitations rather than that set forth in the statute of nonclaim since the complaint had been filed against the estate of the deceased rather than an individual. Reversed and remanded. Court of appeals opinion vacated.
Court: Arkansas Supreme Court, Judge: Baker, Filed On: June 15, 2023, Case #: CV-21-521, Categories: Vehicle, Wills / Probate, Negligence