158 results for 'filedAt:"2023-11-29"'.
J. Cain awards $43,000 in damages to an 88-year-old widow suffering from dementia and against a mortgage company for negligence and mental anguish. The company refused to release $47,000 in insurance proceeds to repair her hurricane-damaged home, arguing Louisiana law requires a homeowner to hire a licensed contractor to make home repairs. The purpose of this statute is to regulate contractors in the state of Louisiana, not homeowners.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: November 29, 2023, Case #: 6:21-cv-03650, NOS: Other Contract - Contract, Categories: Civil Procedure, Damages, Contract
J. Huffman finds that the trial court retained jurisdiction over defendant's resentencing on an attempted home invasion robbery conviction and other counts because his appeal was still pending. However, because he was not present at the resentencing hearing and did not waive his right to be present, a new hearing must be held. Reversed.
Court: California Courts Of Appeal, Judge: Huffman, Filed On: November 29, 2023, Case #: D081230, Categories: Robbery, Sentencing, Jurisdiction
J. Salter determined that defendant could not relitigate the efficacy of a self-defense claim in habeas corpus proceeding for a matter in which defendant is serving a life sentence in prison after he pleaded guilty to first-degree manslaughter. Defendant was also unable to support claims that he was prejudiced during trial and that he received ineffective assistance of counsel. Affirmed.
Court: South Dakota Supreme Court, Judge: Salter, Filed On: November 29, 2023, Case #: 2023SD63, Categories: Habeas, Ineffective Assistance, Manslaughter
J. Jensen finds that the circuit court properly determined that a couple could not recover for legal malpractice as they did not have a claim against the State in a matter involving a car collision. The couple's collision occurred with an individual who was employed by the State of South Dakota Unified Judicial System who was traveling after finishing work for the day. The employee was not acting within the scope of his employment at the time of the accident. Affirmed.
Court: South Dakota Supreme Court, Judge: Jensen , Filed On: November 29, 2023, Case #: 2023SD60, Categories: Employment, Vehicle, Legal Malpractice
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J. Egan finds the juvenile court properly terminated a father’s parental rights to his 16-year-old daughter. “The facts of this case demonstrate…that termination of father’s parental rights is in [daughter’s] best interests.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: November 29, 2023, Case #: A181039, Categories: Family Law
J. Ortega finds the trial court erred by issuing a $92,000 equalizing judgment against a wife in a domestic relations case. “Wife acquired that property by gift and continuously held it separately…requiring the trial court to award the property to wife as her separate property.” Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: November 29, 2023, Case #: A175355, Categories: Family Law, Property