165 results for 'filedAt:"2023-10-26"'.
J. Jones finds the lower court erroneously determined the prevailing party on a claim-by-claim basis. Recent revisions to Colorado law require a court to determine the prevailing party for the action as a whole; therefore, the case must be remanded for the court to reallocate the award of attorney fees based on its proper determination the unit owner prevailed on its declaratory judgment claim against the owners association. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Jones, Filed On: October 26, 2023, Case #: 2023COA99, Categories: Attorney Fees, Contract
J. Mollway declines a sheet metal contractor’s motion to dismiss this ERISA class action on the argument that the use of the word “may” only permits, and does not require, arbitration. “While the arbitration language could have been clearer, its use of ‘may’ is not grounds for dismissal.” The court directs both parties to meet and confer before Nov. 8, 2023.
Court: USDC Hawaii, Judge: Mollway, Filed On: October 26, 2023, Case #: 1:23cv280, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Arbitration, Erisa, Class Action
J. Silva finds that the lower court improperly denied the county appellants' plea to the jurisdiction seeking dismissal of this inverse condemnation lawsuit. The suit concerns the county's erosion response plan, which the property owner contends "would cause flooding on his lots." However, his argument is not based on "an affirmative intentional action," but rather a failure to use another plan that would more effectively protect his investment. Accordingly, he fails to establish an inverse condemnation claim, so as to waive immunity. Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: October 26, 2023, Case #: 13-22-00568-CV, Categories: Real Estate, Immunity, Jurisdiction
Per curiam, the North Dakota Supreme Court orders a reprimand of attorney Timothy P. Hill. The record reflects that the State of Minnesota filed an order suspending Hill for 12 months for failing to place flat fees into a trust account when Hill did not have a fee agreement compliant under
Minnesota law.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: October 26, 2023, Case #: 2023ND204, Categories: Attorney Discipline
J. Wardlaw finds that the district court properly denied defendant's habeas corpus petition challenging her California conviction and death sentence for attempted murder and first-degree murder. Defendant alleges prosecutorial misconduct during penalty-phase closing arguments by referencing Biblical verses to persuade the jury to impose a death sentence. The district court’s denial of that claim was proper because the state court habeas decision was not contrary to “clearly established Federal law, as determined by the Supreme Court of the United States.” Affirmed.
Court: 9th Circuit, Judge: Wardlaw, Filed On: October 26, 2023, Case #: 17-99005, Categories: Death Penalty, Habeas, Prosecutorial Misconduct
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J. Wise finds the trial court properly denied defendant's motion to admit evidence from a 20-year-old criminal case against him. Although the current case also dealt with drug trafficking, there were no other similarities that would have rendered the evidence relevant to his defense. Meanwhile, the amount of drugs found in defendant's home, as well as packaging materials and cash, were sufficient to convict him of both possession and intent to traffic. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: October 26, 2023, Case #: 2023-Ohio-3906, Categories: Drug Offender, Evidence
J. Hoffman finds that the lower court properly found for the company in a personal injury suit stemming from a car accident, ruling that workers' compensation is the exclusive remedy in these circumstances where a car hit the car in front of it, causing that car to hit the plaintiff pedestrian. There is no dispute that the defendant company was plaintiff's borrowing employer and is therefore protected by workers' compensation laws. Affirmed.
Court: Illinois Appellate Court, Judge: Hoffman, Filed On: October 26, 2023, Case #: 221792, Categories: Tort, Vehicle, Workers' Compensation
Per curiam, the North Dakota Supreme Court finds that the district court properly issued judgment and sentenced defendant to 55 years of incarceration. Defendant pleaded guilty to murder with a deadly weapon but argues the court abused its discretion by improperly weighing the statutory sentencing factors. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: October 26, 2023, Case #: 2023ND201, Categories: Murder, Sentencing
J. Miller finds that the trial court improperly denied defendant's motion to vacate an illegal or void sentence after he was resentenced for aggravated assault and other offenses. The trial court lacked jurisdiction at resentencing to increase defendant's sentence for one count of aggravated assault from a 10-year probation sentence to a 10-year imprisonment sentence. Reversed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: October 26, 2023, Case #: A23A0772, Categories: Sentencing, Assault
J. Fisher finds that the lower court properly granted an attorney representing two children dismissal of a mother's petition alleging the father willfully violated a parenting order because the children, ages 13 and 16, refused to comply with the visitation schedule despite the father's best efforts. Meanwhile, the allegations were not sufficiently detailed. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: October 26, 2023, Case #: 536038, Categories: Family Law