200 results for 'filedAt:"2023-11-21"'.
J. Kern finds that the circuit court improperly held that there was insufficient evidence to support a jury’s verdict of undue influence in a matter involving the estate of an individual who, for most of his life, farmed a sizeable estate in Britton, South Dakota. The panel's reversal reinstates the jury's verdict. Reversed.
Court: South Dakota Supreme Court, Judge: Kern, Filed On: November 21, 2023, Case #: 2023SD59, Categories: Property, Wills / Probate
J. Badding finds that defendant was properly convicted of second-degree harassment following a road rage incident because defendant was not being threatened when he pulled out a gun and told the victim he was going to kill him. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: November 21, 2023, Case #: 22-1755, Categories: Evidence, Harassment
J. Bower finds that a wife was properly awarded spousal support in a dissolution of marriage because her homemaking role equally contributed to the marriage and justified an equitable settlement and alimony. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: November 21, 2023, Case #: 22-1954, Categories: Family Law
J. Badding finds that children were properly placed in the physical care of their mother in a custody dispute because the father was addicted to methamphetamine and he threatened to kill himself in front of his children. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: November 21, 2023, Case #: 23-0014, Categories: Family Law
J. Chicchelly finds that spousal support was properly modified in the wife's favor following dissolution of marriage because she experienced health problems impacting her ability to work while the husband experienced a bump in salary. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: November 21, 2023, Case #: 23-0357, Categories: Family Law
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J. Dyk finds that the patent trial and appeal board properly exercised jurisdiction over a patent designed to deter opioid abuse titled "Pharmaceutical Formulation Containing Gelling Agent." Affirmed.
Court: Federal Circuit, Judge: Dyk, Filed On: November 21, 2023, Case #: 22-1482, Categories: Patent, Jurisdiction
J. Arterburn finds the district court properly granted the employer summary judgment on a temp worker's improper supervision claim following a workplace accident. Her negligence claims are barred by the exclusive remedy doctrine of the Workers’ Compensation Act. Furthermore, the worker has not shown that additional discovery would create an issue of fact as to her employment status. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: November 21, 2023, Case #: A-23-183, Categories: Tort, Negligence, Workers' Compensation
J. Arterburn finds the county court properly terminated the father's parental rights after police were called to the family's home and discovered their 3-year-old had been present during the father's assault on the mother and had access to drug paraphernalia. The father was convicted for domestic assault and has shown he is unwilling and unable to provide the child the stability, permanency, and the care she needs. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: November 21, 2023, Case #: A-23-313, Categories: Evidence, Family Law, Guardianship
J. Rouner finds that the lower court properly convicted defendant of misdemeanor stealing. Ample circumstantial evidence supports defendant's stealing conviction, as he was found in possession of jewelry from the home. In addition, he knew where the jewelry was kept and when the home would be vacant due to the owners' church schedule. Affirmed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: November 21, 2023, Case #: WD85397, Categories: Theft
J. Simon denies an ex-husband’s motion to dismiss, for lack of subject-matter jurisdiction, a legal dispute stemming from a “messy divorce.” The fact that this case stems from a divorce proceeding is not alone enough to trigger the “domestic relations exception,” nor is this case barred by the principle of res judicata.
Court: USDC Northern District of Indiana, Judge: Simon, Filed On: November 21, 2023, Case #: 2:22cv145, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, Tort, Jurisdiction
J. Crenshaw denies the government's motion for judgment as a matter of law or for a new trial in this case concerning excise tax on certain "glider semi trucks sold between 2012 and 2017." A jury found that the truck company is not liable for excise tax on the trucks, which were allegedly manufactured by placing rebuilt engines into glider kits. The government fails to establish its argument concerning the sufficiency of the evidence, and a new trial is not warranted based on the exclusion of a certain expert.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: November 21, 2023, Case #: 2:20cv26, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Evidence, Tax, Experts
J. Flanagan partially denies a property development firm’s former accountant’s motion to dismiss allegations of conversion, fraud and breach of contract brought by the firm. The firm correctly argues fraud because the accountant falsely told a member of the firm that to get tax benefits, he would need to share ownership of the firm with the accountant. Thus, they created the firm as a 50-50 partnership. Then, the accountant fraudulently acquired a home on behalf of the member without his knowledge for almost $1 million. The accountant quit the firm and refuses to return the property to the firm. The firm’s claim that the accountant breached his fiduciary duty while acting as the firm’s agent and member will proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: November 21, 2023, Case #: 7:23cv1062, NOS: All Other Real Property - Real Property, Categories: Fraud, Real Estate, Contract
J. Richardson finds the lower court improperly found Maryland's handgun qualification license constitutional. The provision requiring purchasers to complete an extensive process, including multiple background checks and completion of a half-day firearms safety course, has no historical analog that justifies its restriction. Reversed.
Court: 4th Circuit, Judge: Richardson, Filed On: November 21, 2023, Case #: 21-2017, Categories: Constitution, Firearms
J. Soto finds a lower court ruled correctly in dismissing a suit brought by citizens against the Texas comptroller’s office over property valuations. Because the citizens are suing over a tax program involving local school districts, their claimed injuries are not “fairly traceable” to the comptroller’s office. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: November 21, 2023, Case #: 08-23-00086-CV, Categories: Government, Property, Tax
J. McFadden denies, in part, the Attorney General's motion to dismiss a special agent's employment discrimination action. She sufficiently alleges her claims for claims for hostile work environment, failure to accommodate and retaliation.
Court: USDC District of Columbia, Judge: McFadden, Filed On: November 21, 2023, Case #: 1:22cv3802, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Doyle finds that a husband was properly denied modification of physical care of the parties' children following the dissolution of their marriage because continued joint physical care was in the best interests of the children. Affirmed.
Court: Iowa Court Of Appeals, Judge: Doyle, Filed On: November 21, 2023, Case #: 23-0443, Categories: Family Law
J. Lambert finds the trial court improperly allowed the personal representative of the estate of a deceased family member to amend her wrongful death medical malpractice complaint against the inpatient services specialists, a doctor and others to add a claim for punitive damages. The care provided to the deceased, specifically after-hours care to treat complications from colon surgery, did not rise to the level of "intentional misconduct" or "gross negligence" such that a claim for punitive damages is supported by Florida statutes. On remand the trial court is ordered to deny the personal representative's motion to amend. Reversed.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: November 21, 2023, Case #: 23-0346, Categories: Damages, Wrongful Death, Medical Malpractice
J. Powell finds that the commission properly awarded the worker partial temporary disability benefits and future medical care after finding he suffered an injury arising from a workplace accident. The court reasonably found that 30% of the worker's pain and suffering was due to the accident which aggravated her pre-existing back condition. Affirmed.
Court: Missouri Supreme Court, Judge: Powell, Filed On: November 21, 2023, Case #: SC10006, Categories: Administrative Law, Workers' Compensation
J. Cogburn partially denies a condominium owners association’s motion for summary judgment following allegations of race discrimination brought by a Black female condo owner. The association also filed counterclaims for breach of contract and a declaratory judgment enforcing fines for the owner’s alleged violations of the agreement between the parties. After the owner was raped in her condo, she had a Ring Peephole Camera installed on the exterior of her door. While serving as vice president of the association's board, the owner was subject to harassment from multiple board members including fines for her camera installation, sexual propositions, and one member saying “You can’t reason with Black women.” Someone also anonymously left a bag of gummies in the shape of male genitalia with the note, “Eat a bag of dicks.” The owner also reports that other white residents in violation of altering their exterior doors were not subject to harassment and complaints. Because there are genuine issues of disputed facts in this case, summary judgment is not awarded. Also, until a jury determines whether the owner was subject to race discrimination, the association’s claims for breach of contract and summary judgment cannot be resolved.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 3:22cv249, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, Contract
J. Osteen denies North Carolina Supreme Court Justice Anita Earls’ motion for preliminary injunction following a proposed investigation by the state’s judicial standards commission of some of Earls’ public comments. Earls, the sole Black woman on the state supreme court, has publicly claimed that the court lacks racial diversity and harbors implicit bias, and that she has the First Amendment right to make such statements. She argues that an investigation would infringe upon this right. However, according to the commission, Earls’ comments potentially violate a code of judicial conduct wherein judges should not make such public comments about each other because this can undermine public confidence in the court. The state court acted first, which could mean abstention doctrine would at least temporarily stop an injunction from proceeding. But, in this case, Earls has failed to establish a probability of success on the merits based on her potential violation of the code of conduct, so her motion must be denied.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: November 21, 2023, Case #: 1:23cv734, NOS: Other Civil Rights - Civil Rights, Categories: Government, First Amendment, Injunction
J. McFarland grants, in part, the battery manufacturer's motion to dismiss, ruling that because the temporary labor provider's subsidiary is not named in the parties' contract, its contract claim must be dismissed. However, because there are issues of fact regarding the accrual date of the unjust enrichment claims filed by the labor provider, those will proceed.
Court: USDC Southern District of Ohio, Judge: McFarland, Filed On: November 21, 2023, Case #: 1:23cv184, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
J. Rodriguez grants two home renovation companies’ motions to dismiss deceptive trade practices allegations brought by a custom cabinetry firm, claiming a former business development manager stole information to directly compete with the firm. The firm was unable to provide sufficient evidence that the manager absconded with specific information that would compromise the firm's business and give an advantage to the one company which hired her after she left the firm. Deception cannot be established because general information such as what the manager remembered about working at the firm, and customers' observation of how cabinets are installed in their homes for example, are not enough to support a claim of misappropriation of trade secrets under state or federal law.
Court: USDC Western District of North Carolina, Judge: Rodriguez, Filed On: November 21, 2023, Case #: 3:23cv186, NOS: Trademark - Property Rights, Categories: Trade Secrets, Tort, Contract
J. Wilson finds that the appellate division should have suppressed title to a Jaguar allegedly given to defendant for helping murder a rival drug dealer after police entered his apartment to arrest him without a warrant because police lacked consent to either enter the building or the apartment itself. Reversed.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: November 21, 2023, Case #: 84, Categories: Evidence, Murder, Search
J. Watson dismisses a complaint by a group of voters against the Hawaii Republican Party, the state office of elections, attorneys and judges. The voters’ claims that the party interfered with the results of the 2022 primary elections and that the state courts did not properly hear that claim should have been appealed in the original courts and the federal court does not have jurisdiction.
Court: USDC Hawaii, Judge: Watson, Filed On: November 21, 2023, Case #: 1:23cv370, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections, Government
J. Fasciale finds that the appellate division properly granted plaintiff workers' compensation stemming from injuries he sustained in a car collision while driving his truck to pickup supplies because plaintiff was acting in the course of his employment, and not merely commuting, when the accident occurred. Affirmed.
Court: New Jersey Supreme Court, Judge: Fasciale , Filed On: November 21, 2023, Case #: A-30-22, Categories: Workers' Compensation