209 results for 'filedAt:"2023-07-13"'.
J. Branch finds that the lower court properly ruled that an exclusion in a contract meant the insurers had no duty to defend insureds sued by Concordia Pharmaceuticals, and also did not have any right to reimbursement of defense costs after agreeing to defend the insureds in the case. “While insurers can certainly contract for a right to reimbursement, they cannot do so in a subsequent reservation of rights after a reimbursement-less bargain has been struck.” Affirmed.
Court: 11th Circuit, Judge: Branch, Filed On: July 13, 2023, Case #: 21-11758, Categories: Insurance
J. Bell refuses to dismiss claims against an individual arising from a $2.7 million deposit a bottling company made in exchange for a $55 million loan that never occurred. The bottling company and the lender of its deposit have sufficiently pleaded their claims for fraud, negligence, negligent misrepresentation and breach of fiduciary duty.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: July 13, 2023, Case #: 3:22CV83, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Fiduciary Duty, Negligence
J. Mullen grants, in part, two hair products companies' motion to dismiss a company's trademark infringement case related to a skincare product. The company's service of process related to its summonses were defective and, therefore, are quashed. It has 30 days to sufficiently perfect service.
Court: USDC Western District of North Carolina, Judge: Mullen, Filed On: July 13, 2023, Case #: 3:23cv159, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark
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J. Seeger partially grants several citizens’ motion for attorney fees in an underlying police misconduct suit, in which they prevailed at a bench trial. The citizens successfully alleged several Harvey city police of searching their home without a warrant, and the court now grants them $394,643 in attorney fees.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: July 13, 2023, Case #: 1:18cv4237, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Attorney Fees, Police Misconduct
Per curiam, the Georgia Supreme Court agrees that it is appropriate to disbar attorney Keith Chance Hardy, finding he engaged in a “pattern of misconduct by neglecting his duties to several clients over an extended period of time” and has failed to show any remorse.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: July 13, 2023, Case #: S23Y0869, Categories: Attorney Discipline
J. Brown finds that the lower court properly convicted defendant of identity fraud when he attempted to cash a check purportedly issued from the account of a lumber company. The state sufficiently proved that the firm was a “person.” Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: July 13, 2023, Case #: A23A0704, Categories: Fraud
J. Erickson finds a lower court improperly denied a defendant's counsel's request to access a victim's mental health records. The defendant, who was convicted on three counts of aggravated sexual abuse of a child, argued that the lower court erred in refusing to allow his representation full access to her mental health records. However, the denial was not harmless based on a diagnoses of post-traumatic stress disorder following the assault, which was not completely made available to the defendant's counsel. Reversed.
Court: 8th Circuit, Judge: Erickson, Filed On: July 13, 2023, Case #: 21-1090, Categories: Evidence, Assault, Child Victims
J. Shepherd finds a lower court improperly denied a citizen of South Sudan's petition for review concerning the government's removal proceedings. The government argued that the South Sudan citizen is removable. However, he presented sufficient evidence in court that he is not removable for shoplifting convictions based on lack of specific intent. Vacated.
Court: 8th Circuit, Judge: Shepherd, Filed On: July 13, 2023, Case #: 22-2508, Categories: Immigration, Theft
J. Shepherd finds a lower court properly convicted a defendant for possession of meth and firearms. The defendant argued that the lower court erred in refusing his motion to suppress evidence seized by a narcotics task force for inaccuracies in a search warrant. However, the government presented sufficient evidence in court that the inconsistencies did not undermine probable cause. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: July 13, 2023, Case #: 22-2780, Categories: Drug Offender, Evidence, Firearms
J. Tabor finds that a husband was properly ordered to pay temporary support in a dissolution of marriage because the parties' income disparity justified temporary support pending the outcome of dissolution. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: July 13, 2023, Case #: 22-1591, Categories: Family Law
J. D’Apolito denies the veterinarian clinic's joint application for reconsideration of the Mahoning County Court of Common Pleas' March 21, 2022 judgment granting the real estate company's motion to vacate default judgment. The real estate company does not identify a dispositive issue as it does not cite a direct conflict with the trial court's decision in a previous case that is relevant to this case.
Court: Ohio Court Of Appeals, Judge: D’Apolito, Filed On: July 13, 2023, Case #: 22MA0035, Categories: Contract
J. Rodriguez finds a lower court erred in finding the first assistant attorney general of Texas was immune to legal complaints over his alleged efforts to undermine the 2020 election results through allegedly false evidence and specious legal claims, including the claim that “votes were switched by a glitch with Dominion voting machines.” While the commission ultimately recommended discipline for the assistant AG, he took the matter to court, where a lower court determined he should have immunity and dismissed the commission’s claims. In fact, the lower court did have jurisdiction — and the assistant AG did not have immunity — because rather than attempting to “control state action,” the commission simply aimed to “ensure Texas-licensed attorneys, including those serving in the executive department, adhere to the disciplinary rules of professional conduct.” Reversed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: July 13, 2023, Case #: 08-22-00217-CV, Categories: Administrative Law, Elections, Government
J. Gomez finds that the trial court properly denied attorney fees to a lessee that prevailed in stopping the condemnation of property it leases. Property owners are entitled to fee and cost recovery, not lessees. On remand, the trial court must make explicit findings before denying the lessee's other request for attorney fees that was based on its claim that the condemnation action was frivolous, groundless or vexatious. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: July 13, 2023, Case #: 22CA0680, Categories: Property, Attorney Fees
J. Stiglich, on review, finds the district court properly corrected the worker’s compensation appeals officer’s imposition of a requirement that an estate must prove the employer would have foreseen that its travelling employee would engage in the activity which caused his death in order for his spouse and children to receive benefits. The appeals officer misinterpreted relevant case law governing benefits for travelling employees. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich, Filed On: July 13, 2023, Case #: 84111, Categories: Wrongful Death, Workers' Compensation
J. Bower finds that defendant was properly convicted of willful injury causing bodily injury after shooting his neighbor in the leg following a confrontation because defendant chased the victim into his own yard rather than de-escalate the confrontation. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: July 13, 2023, Case #: 22-1127, Categories: Assault
J. Schumacher finds that a mother was properly granted physical care of the parties' children following dissolution of marriage because the father abused alcohol while the children were in his care. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: July 13, 2023, Case #: 23-0136, Categories: Family Law
J. Triana finds that the trial court improperly ruled in favor of Texas residents, granting a default judgment in their favor in a breach of contract case arising out of their inability to access a vacation rental home in California. A default judgment against the California-based homeowner was granted after several failed attempts to serve him. On appeal, the homeowner asserts that the Texas residents failed to satisfy requirements under the state’s long-arm statute. The Texas residents did not properly establish the homeowner’s home or office for the purpose of serving him with the suit. Therefore, their actions were outside of compliance with the long-arm statute. Reversed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: July 13, 2023, Case #: 03-22-00322-CV, Categories: Jurisdiction, Contract