176 results for 'filedAt:"2023-11-30"'.
J. Taylor finds the lower court properly convicted defendant of unlawfully possessing a regulated firearm and ammunition for displaying a handgun during the course of a confrontation with another man in a parking lot. Defendant was sentenced to 10 years incarceration, with five years to serve and three years probation. Evidence in this case was properly admitted and considered, and any possible prejudice is deemed harmless. Affirmed.
Court: The Appellate Court of Maryland, Judge: Taylor, Filed On: November 30, 2023, Case #: 1254, Categories: Evidence, Firearms
J. England grants, in part, a medical office and physician’s motion to dismiss a patient’s Americans with Disabilities Act amended complaint. The ADA and Rehabilitation Act, Equitable Telehealth Access and medical malpractice claims are almost identical to the original complaint and are denied. He failed to state a claim for intentional infliction of emotion distress and is dismissed with prejudice. The Court denies the patient’s motion for injunctive relief and her summary judgment is denied without prejudice. The medical office and physician are to answer the amended complaint and the parties shall file their report with the court.
Court: USDC Northern District of Alabama , Judge: England, Filed On: November 30, 2023, Case #: 2:23cv416, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Remedies, Medical Malpractice
J. Parker finds that the lower court improperly affirmed an administrative order revoking the appellant's driver's license. The appellant was allegedly involved in a motor vehicle accident, but the evidence is insufficient to support the revocation of his license. The police report indicated that he was "having a mental health episode," but there is no evidence that the the officer "was qualified to make a mental health determination." Reversed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: November 30, 2023, Case #: 07-23-00236-CV, Categories: Administrative Law, Vehicle
J. Roby denies a request by a staffing agency for New Orleans area hospitals to sanction counsel for a health care services provider for alleged harassment of its corporate representative related to her deposition for a contractual dispute. Only four pages of a deposition transcript have been provided and, therefore, it is impossible to know whether the accused litigant’s requests were proper.
Court: USDC Eastern District of Louisiana , Judge: Roby, Filed On: November 30, 2023, Case #: 2:22cv2322, NOS: Other Contract - Contract, Categories: Employment, Evidence, Health Care
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J. Pepper finds the glass pipe company has adequately proven the smoke shop sold counterfeit versions of its glass pipe accessories in violation of federal law, and because the smoke shop has not appeared to defend itself, the company's motion for default judgment is granted. The company is awarded $20,000 in damages, plus $497 in costs, and the case is dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: November 30, 2023, Case #: 2:23cv897, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Holder White finds that the appeals court improperly reversed the dismissal of a class action complaint accusing the city of routinely issuing improper central business district tickets for parking meter violations. The driver failed to exhaust his administrative remedies by not challenging his individual ticket before the Department of Administrative Hearings. Reversed.
Court: Illinois Supreme Court, Judge: Holder White, Filed On: November 30, 2023, Case #: 128575, Categories: Administrative Law, Municipal Law, Class Action
J. Fisher finds that the lower court properly dismissed a challenge to changes in employment for independent hearing officers involved in special education curriculum appeals in New York City schools, which occurred due to an ongoing backlog, because formerly independent contractors who could seek full-time employment failed to show economic harm. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: November 30, 2023, Case #: 536063, Categories: Education, Employment
Per curiam, the Supreme Court of Ohio finds attorney Douglas W. Bulson Jr. will be suspended from the practice of law for 18 months after he neglected a client matter and waited more than nine years to file a qualified order with a domestic relations court to allow for the transfer of retirement account funds to the client. Although the money could have been invested and earned the client additional funds in the intervening years, the lack of evidence to support a precise amount of lost earnings prevents a restitution order against Bulson, but a suspension is required because of his previous disciplinary issues.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 30, 2023, Case #: 2023-Ohio-4258, Categories: Sanctions, Attorney Discipline
J. Bress finds that the district court properly entered summary judgment for an employer in a class action in which employees who opted out of their union- and employer-sponsored health plans sued the employer and alleged that opt-out fees should be treated as part of their “regular rate” of pay for calculating overtime compensation. The opt-out fees were not part of the employees’ “regular rate” of pay. Affirmed.
Court: 9th Circuit, Judge: Bress, Filed On: November 30, 2023, Case #: 22-55663, Categories: Employment, Class Action
J. Reynolds Fitzgerald finds that the lower court improperly dismissed certain wrongful death and workplace injury claims brought after plaintiff's husband died in a grain elevator accident. Claims against subsidiary ADM Milling were barred since plaintiff received workers' compensation death benefits, but dismissal against parent Archer Daniels Midland was premature since questions remained unresolved concerning the parties responsible for the accident site, personnel, and equipment. Affirmed in part.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: November 30, 2023, Case #: 535529, Categories: Wrongful Death, Workers' Compensation
J. Mollway denies the planned community development’s motion to add a related company as plaintiff in its claims against the state for rezoning the development’s land from urban to agricultural, stopping development. Though the companies are essentially the same entity and have transferred various interests between them, “under the purported assignment in 2021 or 2022, Aina Le`a no longer has a property interest that was allegedly taken such that Aina Le`a should be in this case.”
Court: USDC Hawaii, Judge: Mollway, Filed On: November 30, 2023, Case #: 1:17cv113, NOS: All Other Real Property - Real Property, Categories: Property, Zoning
J. Garry finds that the workers' compensation board improperly disallowed a transit worker's claims contending she suffered post-traumatic stress disorder after being verbally threatened at her booth without explaining the decision that a compensable accident had not occurred, especially since the employer initially accepted her injury claim. Reversed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: November 30, 2023, Case #: 535513, Categories: Workers' Compensation
J. Theis finds that the appeals court properly found that the insurer has a duty to defend its additional insured under a subcontractor's commercial general liability policy in a suit stemming from alleged construction defects in a townhome development. The insurer cannot bar coverage of all construction defects as "accidental," as that would make the policy's business risk exclusions meaningless. The allegations in the complaint are sufficient to establish an initial grant of coverage, leaving the court to fully determine whether the specific defects are afforded coverage under the policy. Affirmed.
Court: Illinois Supreme Court, Judge: Theis, Filed On: November 30, 2023, Case #: 129087, Categories: Construction, Insurance, Interference With Contract
J. Soto finds a lower court ruled correctly in convicting defendant of sexual abuse of his stepdaughter. In both this and another case stemming from the abuse, defendant argues a lower court inappropriately admitted expert testimony that he said was overly opinionated, but defendant did not adequately preserve error or show that his case was improperly harmed by the testimony. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: November 30, 2023, Case #: 08-23-00094-CR, Categories: Sex Offender, Experts, Child Victims
J. Navarro finds that while the trial court erroneously admitted the victim's identification of defendant at trial because it occurred only when she saw him in the courtroom at a pretrial hearing, the error was harmless. Overwhelming evidence puts defendant at the scene of the crime, including his DNA on a Coke can the victim claimed her assailant was drinking and surveillance photos of him at the bus stop where the crime took place. Meanwhile, the trial court properly denied defendant's motion to merge his charge for criminal possession of a financial device with the identity theft conviction because the possession charge includes at least one element not found in the identity theft charge and, therefore, cannot be considered a lesser-included offense. Affirmed.
Court: Colorado Court Of Appeals, Judge: Navarro, Filed On: November 30, 2023, Case #: 2023COA112, Categories: Dna, Robbery, Identity Theft
J. Soto remands to lower court several cases, including this one, stemming from arrests of migrants for criminal trespass under Texas’ “Operation Lone Star,” a state policy ostensibly intended to “deter[] illegal border crossing” and “prevent criminal activity along the border.” Defendant argued the charge was unconstitutional, including because the state was “selectively prosecuting men, and not similarly situated women.” Following a favorable ruling from the Fourth Court of Appeals in a similar case, defendants facing such charges are entitled to reconsideration.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: November 30, 2023, Case #: 08-23-00202-CR, Categories: Constitution, Immigration, Trespass