191 results for 'filedAt:"2023-07-28"'.
J. Moore finds that the lower court properly ruled against the former husband in this dispute over the marital residence. On appeal, the husband argues that the lower court erred by modifying the divorce judgment with regard to the marital residence. However, the lower court had jurisdiction to accept the parties' settlement. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: July 28, 2023, Case #: CL-2023-0085, Categories: Family Law, Real Estate, Jurisdiction
J. Jackson denies summary judgment to Walmart, ruling that the big box store chain must face a jury trial on the personal injury claims of a Black Friday customer. She was inspecting a Roku device when a display of multiple boxed TV sets suddenly toppled over, striking her. Multiple Walmart employees agreed that the TV boxes fell because they were improperly stacked. Further, there is sufficient evidence in the store’s video surveillance footage for a reasonable jury to return a verdict finding that a second customer, a mystery woman in a “pink shirt” did not cause the televisions to fall, as Walmart maintained. To prevail in a falling merchandise case in Louisiana, the customer must demonstrate that the merchant’s negligence caused accident, not the litigant or another customer “in the aisle at that moment.”
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: July 28, 2023, Case #: 3:21cv723, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Jury, Damages
J. Engelhardt finds the trial court properly convicted defendant, by guilty plea, for carjacking resulting in serious bodily injury and discharging a firearm in furtherance of a crime of violence or drug trafficking, sentencing him to 30 years in prison. After an argument about a "bad" or "fake" heroin sale, defendant struck the victim, pressed a gun into his back, and fired into his spine, paralyzing him. The weapon misfired when defendant put it to the victim's head. Defendant stole the victim's car, purposely driving over his legs and torso. The victim survived to testify, and the factual basis supports the guilty plea. The court’s imposition of an upward variance was neither procedurally nor substantively unreasonable. Affirmed.
Court: 5th Circuit, Judge: Engelhardt , Filed On: July 28, 2023, Case #: 22-30270, Categories: Firearms, Theft, Assault
J. Suarez finds the trial court properly denied the borrowers' motion for reconsideration because their argument regarding the amount owed on the foreclosed mortgage was not made in either of the bank's initial motions for summary judgment, but was only made after judgments had been entered against them. Therefore, the alleged discrepancy in the loan amount did not constitute a "rare and exceptional circumstance" that would require the judgment to be vacated. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: July 28, 2023, Case #: AC45473, Categories: Civil Procedure, Real Estate, Banking / Lending
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Per curiam, the appellate division finds the trial court improperly convicted defendant of failing to register as a sex offender after failing to appear for an updated photograph. While defendant failed to meet the initial deadline to update his photo, there is no evidence law enforcement scheduled an "alternate later date" to appear. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: KA 20-00080, Categories: Sex Offender
J. Rodriguez declines a motion to transfer to D.C. federal court this case concerning the alleged kidnapping of a Rwandan activist and the role that a private jet company allegedly played in that kidnapping scheme. The activist has not met his burden to show why D.C. federal court would be clearly more convenient, and in fact the activist asserts “Texas common law tort claims” that give this court a greater interest in this case.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: July 28, 2023, Case #: 5:20cv1422, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Venue
J. Brown finds that the trial court properly refused to compel a health care provider to disclose a minor patient's records to the minor's personal representative. A personal representative must make a showing that the health care provider withheld the records in bad faith in order to overcome the provider's assertion that disclosure would harm the minor's physical or psychological well-being. Affirmed.
Court: California Courts Of Appeal, Judge: Brown, Filed On: July 28, 2023, Case #: A163638, Categories: Health Care, Privilege
Per curiam, the appellate division finds the trial court properly dismissed the complaint, which alleges the employee slipped and fell in a customer's snowy driveway. The employee showed no justifiable excuse for the delay in disclosure, and the customer established they had no knowledge of the recurring dangerous condition in the driveway. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 22-01224, Categories: Negligence
Per curiam, the appellate division finds the trial court improperly determined defendant was a level-three sex offender. Defendant is reclassified as a level-two offender because, despite the egregiousness of the crime, defendant is now a 62-year-old paraplegic who has colon cancer and other chronic diseases. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: KA 22-01547, Categories: Sex Offender
J. Rodriguez finds a lower court ruled correctly in determining that an existing mineral lessee, and not a separate company that later entered a water-rights contract with the surface owners, owns the rights to produced water from a hydraulic fracking operation. While the contracts at first may seem contradictory on this front, the contracts were created within “a legal framework distinguishing oil and gas waste from groundwater” and categorizing produced water as “within the former,” and therefore rights to produced water fall within the mineral lessee’s mineral rights. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: July 28, 2023, Case #: 08-22-00037-CV, Categories: Energy, Real Estate, Water
Vice Chancellor Will awards counsels for two shareholders $282,500 and $50,000, respectively, following successful litigation and settlement of claims challenging alleged excessive director compensation. By bestowing modest therapeutic benefits such as changing the company's non-employee director compensation policy, the fee and expense awards are in line with precedent for similar benefits achieved.
Court: Delaware Chancery Court, Judge: Will, Filed On: July 28, 2023, Case #: 2022-0059-LWW, Categories: Attorney Fees
Per curiam, the appellate division finds the trial court properly convicted defendant of second-degree murder. Witness testimony and cell phone data showed defendant texted the victim before the murder, and DNA testing from a baseball cap and blood indicated defendant was the perpetrator. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: KA 19-01783, Categories: Murder
J. Laplante grants an attorney's motion for summary judgment against an individual he represented who is suing him for legal malpractice. The represented individual fails to show proof that the attorney's actions harmed him, because he continued to litigate after attorney withdrew, and he fails to provide an expert witness who can substantiate essential parts of his claims against the attorney.
Court: USDC New Hampshire, Judge: Laplante, Filed On: July 28, 2023, Case #: 1:22cv125, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Legal Malpractice
Per curiam, the appellate division finds the trial court properly ruled against the pedestrian, who alleges he was struck by a truck going in reverse. The other driver testified he had checked his mirrors and did not see anybody behind the truck, and the pedestrian's testimony would lead a trier of fact to believe he walked into the vehicle's path unexpectedly. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 22-01276, Categories: Vehicle
J. Coulson grants a homebuyer partial summary judgment for breach of contract after her friends, who are a couple and real estate agents, failed to complete the sale of a $275,000 rental property to her as agreed. The friends promised that in exchange for the homebuyer’s investment of $200,000, they would purchase it themselves and market and lease it on her behalf, then sell it back to her. She agreed and they bought it from the current owners, but when it came time for her to pay them the difference of $75,000 and take over ownership, they did not respond. They have not reimbursed her nor responded to any communications.
Court: USDC Maryland, Judge: Coulson, Filed On: July 28, 2023, Case #: 1:22cv2152, NOS: Other Contract - Contract, Categories: Property, Contract
Per curiam, the appellate division finds the trial court properly dismissed the counterclaim, which alleged the insurer wrongfully billed the re-insurer under an umbrella policy. The payment is not recoupable under the voluntary payment doctrine, and there is no evidence the insurer acted in bad faith. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 22-01242, Categories: Insurance
J. Soto finds a lower court ruled correctly in a “hotly contested trust-modification proceeding.” Some parties to the trust argued among other things that a lower court abused its discretion by denying them a jury trial, but as the Texas Supreme Court has clarified, “there is no statutory right to
a jury trial” for a trust-modification proceeding in Texas. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: July 28, 2023, Case #: 08-18-00074-CV, Categories: Jury, Trusts, Wills / Probate
Per curiam, the appellate division finds the trial court properly allowed the complaint to proceed which alleges the school allowed sexual abuse of the student in the mid-1970s by the band teacher. Under the Child Victims Act the claims were timely since they were filed within the revival period. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 22-00608, Categories: Negligence
Per curiam, the appellate division finds the trial court properly allowed the complaint to proceed which alleges the pedestrian was injured when an icicle fell from the building's roof. The complaint fails to cite a specific statutory violation related to snow and ice removal, but submissions raise factual issues about whether the roof was negligently maintained or built. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 22-00986, Categories: Negligence
J. Hirsch affirms a district court’s sentencing of a former state representative to 57-months in prison for admittedly taking thousands of dollars in bribes to promote sweepstakes-gaming in the Illinois State Legislature. The ruling rejects the defendant’s argument that the judge erred at sentencing by reasoning that his imprisonment was needed to deter other public officials who “might be tempted to sell out the public” like he did. The defendant contended the judge’s sentencing reasons were speculative and unreliable because the record lacked “empirical evidence” showing that public officials consider sentences or engage in cost-benefit analysis when it comes to corruption. "District judges need not marshal empirical data on deterrent effects before considering whether a sentence adequately deters criminal conduct.” The judge reasonably presumed that public officials are rational actors who pay attention when one of their own is sentenced. Affirmed.
Court: 7th Circuit, Judge: Hirsch, Filed On: July 28, 2023, Case #: 22-2008, Categories: Criminal Procedure, Sentencing, Bribery
Per curiam, the appeals court grants the father's petition for a writ of prohibition barring the trial court from taking further action on the mother's claim for child support. The trial court improperly declared that it retained jurisdiction over the child support claim even after the Fifth District appeals court upheld an order dismissing the claim.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: July 28, 2023, Case #: 6D23-2180, Categories: Civil Procedure, Family Law