166 results for 'filedAt:"2023-09-15"'.
[Consolidated.] J. D'Apolito finds the domestic relations court erroneously based its custody decision on the grandmother's failure to demonstrate instability on the part of the mother rather than the best interests of the child, as required under Ohio law. Therefore, the case must be remanded for a new hearing. Reversed.
Court: Ohio Court Of Appeals, Judge: D'Apolito, Filed On: September 15, 2023, Case #: 2023-Ohio-3331, Categories: Civil Procedure, Family Law
J. Goldstein finds that the lower court improperly granted the amended special appearance filed by one of the appellees in this lawsuit alleging breach of contract and tortious interference with an existing contract. The appellee company allegedly operates a service center in Texas with a manager and 33 employees. There are minimum contacts with the state so as to support specific jurisdiction. Reversed in part.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: September 15, 2023, Case #: 05-22-00770-CV, Categories: Interference With Contract, Jurisdiction, Contract
J. Johnston denies the motion of the transportation company and logistics staffing service to dismiss, sever and transfer venue of the Kentucky man's suit claiming injuries he sustained were caused by his car crashing through a guardrail and going into a deep ravine in an attempt to avoid colliding with the operator of a tractor trailer that performed an abrupt, illegal U-turn in front of him. In addition to the companies having the "minimum contacts" in West Virginia to establish personal jurisdiction, severing the claims and transferring them to another jurisdiction would "fracture the case and create potentially overlapping and contradicting proceedings."
Court: USDC Southern District of West Virginia, Judge: Johnston, Filed On: September 15, 2023, Case #: 2:22cv275, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Jurisdiction
J. Welbaum finds the trial court properly denied defendant's request for a false confession expert witness during his trial on murder and endangering children charges. He failed to indicate why such an expert would help his case, other than general statements claiming the witness would produce exculpatory evidence. Furthermore, the trial court properly denied defendant's motion to suppress statements made during a police interrogation because he was not under the influence of any drugs at the time of the interview, which was conducted without any coercion and did not involve requests for an attorney or for his Miranda rights. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: September 15, 2023, Case #: 2023-Ohio-3277, Categories: Murder, Experts, Child Victims
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J. Dorsey grants the private equity investment firm's motion for a temporary restraining order prohibiting its former employee from sharing confidential information, directing him to return it. The firm has shown a likelihood of success on its claim that trade secrets were misappropriated when the employee downloaded confidential files. The district court also grants the firm's motion to seal an exhibit to its motion and to conduct early discovery before a preliminary injunction hearing as releasing the information could potentially damage the firm.
Court: USDC Nevada, Judge: Dorsey , Filed On: September 15, 2023, Case #: 2:23cv1339, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Securities, Trade Secrets, Discovery
Per curiam, the Vermont Supreme Court finds that the family court properly terminated the mother's parental rights to her three children. The evidence supports the best interest findings. Additionally, the mother argues that the Chief Superior Judge refused to disqualify the trial judge for conflict of interest with a witness in the case, but the relationship was not more than a prior employment circumstance. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 23-AP-147, Categories: Family Law, Judiciary
J. Stegner finds that the trial court properly held that a property owner cannot argue his tenants breached property leases because he failed to present any issues of fact that show that the parties did not act in accordance with oral modifications to property leases. Text messages and emails detailed the modifications and the parties' annual reconciliations of debits and credits supported the conclusion that the parties had a meeting of minds to modify the leases. Affirmed.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: September 15, 2023, Case #: 49354, Categories: Agriculture, Property, Contract
J. Southwick finds the district court improperly granted summary judgment to the trucker, his company and its insurance company in this negligence suit arising from a truck tire de-tread on an interstate, which caused an accident resulting in injury. The company claims that the tire was destroyed due to simple negligence, though the Fifth Circuit finds there are fact issues regarding possible bad faith. The company destroyed this crucial piece of evidence soon after learning about the accident and cannot explain why the tire was taken to another facility or what happened to it following the accident. The company cannot demonstrate it had any preservation policy for equipment that may have caused an injury. Reversed in part.
Court: 5th Circuit, Judge: Southwick , Filed On: September 15, 2023, Case #: 22-30638, Categories: Evidence, Vehicle, Negligence
J. Moll finds the trial court properly denied the dentist's motion to dismiss disciplinary charges against him on the grounds of res judicata. Previous proceedings related to a subpoena were governed by a different set of statutes and concerned the state's investigation into his billing practices, while the disciplinary charges dealt with his failure to keep adequate records. Meanwhile, the court properly revoked the dentist's license because his failure to maintain records while under investigation established probable cause, and his excuses of water damage were suspect and unsupported by any evidence. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: September 15, 2023, Case #: AC45365, Categories: Civil Procedure, Licensing, Sanctions
J. Hornsby denies a request for anonymity by a former community college student who is accused of viewing sexual material on his computer. “John Doe” contends the allegations have resulted in him being banned from liquor stores, financial institutions, and coffee shops. Some of the facts may be embarrassing, but he may not use a pseudonym to prosecute his due claims, ranging from due process violations to humiliation, against other students and college officials. The public’s interest in Doe’s suit, which alleges wrongdoing by public officials, outweighs his privacy concerns. The Fifth Circuit has recently rejected requests to proceed under a pseudonym by abortion providers and a police officer who made claims related to high-profile civil rights protests.
Court: USDC Western District of Louisiana , Judge: Hornsby, Filed On: September 15, 2023, Case #: 5:23cv1261, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Communications, Defamation, Privacy
Per curiam, the Vermont Supreme Court finds that the trial court properly ruled in favor of the company as to a homeowner's claim for monetary damages. The jury found that the homeowner failed to prove that she suffered any monetary damages proximately caused by the company's negligence. There was sufficient evidence to support the jury's reasonable conclusion that the homeowner had already been made whole by the company's remediation, which included months of clean-up work at its own expense and writing off the homeowner's existing account balance. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 23-AP-75, Categories: Jury, Property, Negligence
J. Crenshaw grants the request for attorney fees in this disability discrimination lawsuit concerning the delivery of certain personal assistance and home health services. The parties previously entered into a settlement agreement, and the court disagrees with the defendant service providers' assessment that this was a "nuisance settlement." Additionally, the revised amount requested is reasonable.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: September 15, 2023, Case #: 3:21cv509, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Health Care, Attorney Fees
Per curiam, the Vermont Supreme Court finds that a case involving the denial of unemployment compensation to an individual who worked as a teacher's assistant should be remanded for additional proceedings. The board did not resolve a key factual issue regarding the circumstances of the employee's departure from employment. Reversed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 23-AP-89, Categories: Employment, Labor