170 results for 'filedAt:"2023-07-26"'.
J. Griggsby grants Trans Union its motion for summary judgment in a case where a consumer claims it failed to remove bankruptcy information from her credit report and has therefore defamed her. When the company requested discovery, the consumer did not respond, and she never produced any evidence of actual damages.
Court: USDC Maryland, Judge: Griggsby, Filed On: July 26, 2023, Case #: 1:21cv3148, NOS: Consumer Credit - Other Suits, Categories: Consumer Law
J. Schostok affirms the no-jury trial court’s conviction of defendant on three counts of child abduction, arising from his repeated refusals to return his two daughters to their mother in Illinois in violation of a court order requiring him to return them “immediately.” The trial court had "a superior ability to observe the parties' demeanors as they testified" and believed the mother's account of events over the father's account. The evidence will not be reweighed. Affirmed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: July 26, 2023, Case #: 220190, Categories: Evidence, Ineffective Assistance, Child Victims
J. Griggsby grants in part a private boarding school's motion to dismiss claims of breach of contract and fraud brought by a corporation that purchases and builds specialized schools. The corporation alleges that the school was untruthful about its financial standing upon agreement to purchase the school for $8 million. The school did breach the contract because it failed to sell its property to the corporation within the agreed time period. However, all other allegations fail to state a claim.
Court: USDC Maryland, Judge: Griggsby, Filed On: July 26, 2023, Case #: 1:22cv175, NOS: All Other Real Property - Real Property, Categories: Fraud, Property, Contract
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J. Rice grants the Psychiatry Department Chair's motion for sanctions against the university, ruling he was prejudiced by its deletion of emails between he and his administrative assistant because it will prevent him from presenting a complete picture of his ability to effectively communicate with students and other staff members. The university will be precluded from presenting any evidence to the jury about the chair's alleged failure to effectively communicate with students or that they avoided him prior to his termination.
Court: USDC Southern District of Ohio, Judge: Rice, Filed On: July 26, 2023, Case #: 3:18cv358, NOS: Employment - Civil Rights, Categories: Education, Sanctions, Employment Discrimination
J. Jackson-Akiwumi affirms a district court ruling dismissing a former police officer’s First Amendment suit against the police chief of a Wisconsin police department for allegedly retaliating against him for critiquing the chief’s leadership. The ex-cop’s remarks were made in his capacity as a public employee, not a private citizen. Affirmed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: July 26, 2023, Case #: 22-1467 , Categories: Civil Rights, Constitution, Employment Retaliation
J. Carr finds that defendant was properly committed as a sexually violent predator because evidence indicated he consistently abused his half sisters as well as strangers and that he suffered a mental abnormality justifying commitment. Affirmed.
Court: Iowa Court Of Appeals, Judge: Carr, Filed On: July 26, 2023, Case #: 22-0855, Categories: Sex Offender, Commitment
J. Wynn finds the lower court properly dismissed the Air Force veteran's appeal of the Physical Disability Board of Review decision denying him benefits. The soldier dealing with anxiety after witnessing a rocket attack is not entitled to a physical examination from the Board as the Board was created to retroactively review disability determinations based on the records of the armed force concerned rather than on a physical exam. Affirmed.
Court: 4th Circuit, Judge: Wynn, Filed On: July 26, 2023, Case #: 22-1591, Categories: Employment, Government, Military
J. Egan finds the juvenile court properly changed the permanency plan for a child from reunification to adoption. “DHS did in fact engage with mother to provide repetitive hands-on training in which she often failed to engage, and when she did engage, she became frustrated, distracted, and irritated.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: July 26, 2023, Case #: A179876, Categories: Family Law
J. Stewart finds that the trial court improperly denied the girlfriend's request for a domestic violence restraining order against her abusive boyfriend. Though she produced text messages that included death threats from the boyfriend, the trial court concluded that since the girlfriend kept contact with him, she was “not particularly concerned” about his “comment that he will kill her.” The court's focus on her maintaining of contact is too narrow and there is an abuse of discretion in denying the restraining order without consideration of the totality of the circumstances. Reversed.
Court: California Courts Of Appeal, Judge: Stewart , Filed On: July 26, 2023, Case #: A166582, Categories: Restraining Order
J. Peterson finds for the company overseeing a chain of home improvement stores in the consumer's proposed class action claiming it unlawfully charged a hidden $1.40 handling fee for items purchased online that were then picked up in a store. The company's renewed motion to compel arbitration of the consumer's unjust enrichment and consumer protection claims is granted, as the claims are covered by the broad language of the arbitration clause in the terms the consumer automatically agreed to by completing her purchase on the company's website, and the text and hyperlink at the bottom of the purchase page counts as giving reasonable notice of those terms. Arbitration is compelled, and the case is dismissed without prejudice.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: July 26, 2023, Case #: 3:22cv444, NOS: Other Fraud - Torts - Personal Property, Categories: Arbitration, Consumer Law, Class Action
J. Rodriguez finds that a lower court improperly denied a plea to the jurisdiction and a motion to dismiss brought by the city of El Paso and other public entities after they were sued by a citizen who was involved in a car accident with a public employee. While that employee ran into a parked car owned by the citizen, he was already off of work for the day and therefore was not working as a public agent at the time of the accident. Reversed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: July 26, 2023, Case #: 08-23-00071-CV, Categories: Vehicle, Immunity, Jurisdiction
J. Doyle finds that the trial court improperly entered a 12-month family violence protective order against the father after he allegedly assaulted the grandmother in front of his children. The protective order was entered after the expiration of the 30-day deadline for holding a hearing on the issue and the father did not agree to a continuance of the rescheduled hearing. The petition was therefore statutorily dismissed and the trial court lacked authority to issue the order. Reversed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: July 26, 2023, Case #: A23A1089, Categories: Civil Procedure, Restraining Order
J. Hellman finds the trial court properly continued a Family Abuse Protection Act (FAPA) order. “The record contains evidence from which the trial court could conclude that petitioner reasonably feared for her physical safety and that respondent represented a credible threat to petitioner’s physical safety.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: July 26, 2023, Case #: A179604, Categories: Family Law