178 results for 'filedAt:"2023-10-25"'.
[Consolidated.] J. Goldman finds the Water Quality Control Board properly imposed more than $6 million in penalties for the resort owner’s pollution of protected waterways during its construction of a residential resort. Separate petitions filed by the owner for administrative mandamus missed the filing deadline by three weeks. The state board’s declining to review the regional board’s decision is not subject to judicial review. Affirmed.
Court: California Courts Of Appeal, Judge: Goldman, Filed On: October 25, 2023, Case #: A165227, Categories: Construction, Environment, Water
J. Badding finds that defendant was properly sentenced after pleading guilty to eluding since he failed to demonstrate that the lower court had not considered time already served in jail while sentencing him to further incarceration. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: October 25, 2023, Case #: 23-0651, Categories: Sentencing
J. Hendon finds the trial court properly denied defendant's motion for acquittal upon his conviction of third-degree grand theft for stealing a Rolex wristwatch and platinum wedding band from his ex-girlfriend and pawning them, which the charge assumed had a combined value of at least $10,000 but not more than $20,000. There was sufficient evidence to convict defendant based on testimony revealing that the Rolex's fair market value was at least $10,000 because that is how much defendant received for pawning it and how much the pawn shop expected his ex-girlfriend to pay to get it back, even though the value of the wedding band was never established. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: October 25, 2023, Case #: 22-1271, Categories: Evidence, Theft
J. Donnelly dismisses a self-represented litigant’s medical malpractice, civil rights and RICO lawsuit against a Staten Island-based healthcare provider on allegations its surgeons failed to recognize foreign objects inside his body during surgery, which he claims were originally left in his body during a surgery performed in 2008. The court lacks jurisdiction to hear his medical malpractice claims and he fails to allege the defendants are state actors or committed any predicate acts to suggest a pattern of racketeering activity.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: October 25, 2023, Case #: 1:23cv6697, NOS: Other Civil Rights - Civil Rights, Categories: Jurisdiction, Medical Malpractice, Racketeering
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J. Luck finds that the district court properly ruled in favor of the driver's employer in a negligence action brought by the estates of four individuals who died in a car collision. A jury awarded the estates $12 million in damages. The district court correctly dismissed the driver from the action and the judgment entered against the employer was final because it resolved all claims against all remaining parties. The employer was not entitled to judgment as a matter of law on the estates' negligent entrustment claim because there was evidence the employer knew the truck had a dangerous condition yet still allowed the driver to use it. Affirmed.
Court: 11th Circuit, Judge: Luck, Filed On: October 25, 2023, Case #: 21-14132, Categories: Negligence
J. Sacks affirms the defendant’s convictions for attempted murder, assault and battery by means of a dangerous weapon on a child, and assault and battery on a child causing substantial bodily injury. The defendant’s expert witness on false confessions was not credible enough and generally accepted principals and methods of the scientific community didn't substantiate that the defendant provided a false confession. Furthermore, his child’s doctor had credibly explained the physical symptoms he’d witnessed and how they demonstrated contamination by a family member and then chemical injury.
Court: Massachusetts Court Of Appeals, Judge: Sacks, Filed On: October 25, 2023, Case #: 22-P-705, Categories: Assault, Domestic Violence, Child Victims
J. Kinsley finds the trial court properly denied defendant's motion for acquittal at the conclusion of his trial on a murder charge that stemmed from the death of his 7-month-old son. Expert testimony established the skull fracture that caused the victim's death was recent, while defendant was alone with the child for the entirety of the night before the baby was found unresponsive in his crib. Meanwhile, the prosecutor's comments during closing arguments about the potential for bias on the part of defendant's expert witness as a result of payments received for his testimony did not constitute prosecutorial misconduct because such bias is a legitimate subject of inquiry for the jury. Affirmed.
Court: Ohio Court Of Appeals, Judge: Kinsley, Filed On: October 25, 2023, Case #: 2023-Ohio-3861, Categories: Murder, Experts, Child Victims
J. Rothstein denies the self-proclaimed election officer's motion to dismiss the county's counterclaims against her complaint, which alleges that the county and others supported laws recognizing her act of placing signs near ballot boxes during the August 2022 Washington State primary election as a criminal form of voter intimidation. The self-proclaimed election officer claims that her signs are protected by the First Amendment as free speech, but the county's counterclaims allege that the signs are a form of voter intimidation, which is not protected by the First Amendment.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: October 25, 2023, Case #: 2:22cv1252, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
Per curiam, the appellate division finds that the lower court improperly denied the floor cleaning contractor's motion to dismiss a third-party complaint against it stemming from a woman's slip and fall in a supermarket. The contractor's contract contains no express indemnification provision, or a requirement to procure insurance. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 25, 2023, Case #: 05413, Categories: Indemnification, Contract
J. Bower finds for defendant in claims contending plaintiff became the owner of a business and its possessions after tendering a check because the parties had not entered a “shareholder agreement” for the alleged inventory purchase, and evidence does not indicate plaintiff ratified the purchase transaction. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: October 25, 2023, Case #: 22-1274, Categories: Contract
J. Ahlers finds that a mother's parental rights were properly terminated since her newborn child tested positive for multiple substances at birth and the mother failed to respond to treatment. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: October 25, 2023, Case #: 23-1412, Categories: Family Law
J. Mooney finds the trial court properly issued a general judgment against a hemp processor and others on a company's claims for replevin, breach of contract, claim and delivery, foreclosure of security interest, conversion, and money had and received. “It did not matter to the trial court who ultimately received the money because the mere intentional exercise of dominion or control, and not possession, of the chattel was all that was required.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: October 25, 2023, Case #: A177697, Categories: Contract
J. Rose grants the employer's motion for summary judgment, ruling the comment made by a supervisor about the possibility of the employee having to work on Sundays is insufficient to establish a claim for religious discrimination. The supervisor was not in a position to make termination decisions and the employer never instituted a policy that required employees to work instead of going to church. Meanwhile, the employee undertook no protected activity after the conversation with the supervisor and so his retaliation claim also fails as a matter of law and the complaint will be dismissed in its entirety.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: October 25, 2023, Case #: 3:21cv51, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Mooney finds the juvenile court erred by ordering a father to undergo a mental health assessment. “DHS was required to meet its burden of establishing the need for the assessment and its more than tenuous connection to the jurisdictional basis through evidence.” Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: October 25, 2023, Case #: A180886, Categories: Family Law
J. Lee finds that the district court properly denied attorney fees and nontaxable costs under the Equal Access to Justice Act and remanded the district court’s award of taxable costs concerning an underlying ERISA claim alleging that defendants sold their company to an employee stock ownership plan (ESOP) at an inflated value. The district court was correct in concluding that the government’s position at trial was "substantially justified," in denying attorney fees and nontaxable costs. Affirmed.
Court: 9th Circuit, Judge: Lee, Filed On: October 25, 2023, Case #: 22-15378, Categories: Erisa, Securities
J. Logue finds the trial court properly awarded the citizen attorney fees and costs in her slip-and-fall lawsuit against Costco. The trial court did not abuse its discretion by issuing two orders awarding the citizen $5,460 in attorney fees and costs based on Costco's attorney answering an interrogatory with an objection that had already been overruled and coaching a corporate representative at a deposition to read from a document the attorney provided to him without disclosing its contents to the citizen's attorney. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: October 25, 2023, Case #: 22-0585, Categories: Tort, Discovery, Attorney Fees
J. Chase finds that the Civil Service Commission should not have denied requests for back pay by former New Orleans Police Department Captains, who were not originally appointed to the relevant Commander position. In this case, there was evidence and testimony presented to support the contention that the job duties were the same for the unclassified Commander position and the classified position of Captain, yet the Commander position received a higher rate of pay. Further, the Captains are entitled to receive back pay from June 24, 2016, to June 24, 2019, because they did not formally request back pay until June 24, 2019. Under statute, the Captains are entitled to back pay for three years from the date of the request. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: October 25, 2023, Case #: 2023-CA-0221, Categories: Employment, Contract
J. Pagan finds the trial court erred by failing to suppress evidence obtained during a traffic stop. “Defendant was stopped when [the officer] hailed defendant from the street, inquired about her drug use, and asked if she had ‘anything on her.’” Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: October 25, 2023, Case #: A176083, Categories: Drug Offender, Evidence
J. Boyle grants a class of migrant farm workers’ motion for certification in this Fair Labor Standards Act suit against their employers, which allegedly did not pay for their temporary work visas, travel or the wage agreed upon for hours worked, and the employers allegedly confiscated the workers’ Social Security cards and passports. The class members have shown sufficient evidence of the employers’ violations of Act and are also granted their motion for disclosure of contact information of potential opt-in class members.
Court: USDC Western District of North Carolina, Judge: Boyle, Filed On: October 25, 2023, Case #: 5:22cv491, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Soto finds a lower court erred in appointing another person as joint managing conservator over a child in addition to the biological mother. The court abused its discretion in granting this non-relative conservatorship, because the biological mother — who is given preference in childcare decisions under Texas law — “has not abdicated her parental duties,” nor has the other appointed conservator provided evidence that granting the mother sole conservatorship would “significantly impair” the child’s health or wellbeing.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: October 25, 2023, Case #: 08-23-00087-CV, Categories: Family Law, Guardianship