173 results for 'filedAt:"2023-12-06"'.
J. Huffaker grants summary judgment in favor of the insured and equipment owner in this insurance coverage dispute. The insurer claims a 2016 cotton picker machine is not covered under the scheduled property provision of the policy. The insured is entitled to the coverage benefits under the property provisions by clearly written in the policy and the insurer must pay the remaining claim due of $463,356.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: December 6, 2023, Case #: 2:22cv465, NOS: Insurance - Contract, Categories: Insurance, Property, Damages
J. Budd transfers a case from Housing Court to the Superior Court of Massachusetts. Based on the plain language of a statute, the Housing Court does not have jurisdiction over this case because the landlord being sued for pregnancy discrimination chose to have the complaint against him heard in court, rather than by commission, and when such an election is made, the Superior Court is the designated court.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: December 6, 2023, Case #: SJC-13438, Categories: Employment, Jurisdiction, Employment Discrimination
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Per curiam, the court of appeals denies the claimants' petition for a writ of mandamus to compel the administration to re-adjudicate reimbursement claims for emergency care at non-VA facilities. The proposed class of petitioners fails to show the administration has unreasonably delayed adjudication of claims. The time involved in litigation, rulemaking and the competing interests in an overburdened system does not support the assertion that claims have been stalled to an extent warranting mandamus. There is also no need to certify a class to deny a writ to the whole class.
Court: Court Of Appeals For Veterans Claims, Judge: Per curiam, Filed On: December 6, 2023, Case #: 23-3260, Categories: Veterans, Due Process, Class Action
J. Langholz finds that a quitclaim deed was properly invalidated for undue influence and lack of mental capacity to execute the deed because the property owner deeded half of her ownership of a hog farm to her friend after being diagnosed with dementia and experiencing forgetfulness. Affirmed.
Court: Iowa Court Of Appeals, Judge: Langholz, Filed On: December 6, 2023, Case #: 22-1905, Categories: Property
J. Owens finds that the district court properly determined that the California State Bar is entitled to immunity from suit in federal court. The California State Bar has enjoyed Eleventh Amendment immunity for nearly 40 years until this action in which Benjamin Kohn, a licensed California attorney, sought to challenge that immunity. He contends that the State Bar is not an “arm of the state,” and he can sue it without restriction. However, the matter is remanded to the original three-judge panel for consideration of a number of remaining issues. Affirmed in part.
Court: 9th Circuit, Judge: Owens, Filed On: December 6, 2023, Case #: 20-17316, Categories: Constitution, Immunity
J. Boyle grants the federal government’s motion to strike 10 of 14 affirmative defenses presented by a seafood business owner who allegedly constructed retaining walls without permits in areas protected by the Clean Water Act. Because the government is seeking a civil penalty and injunction for the violation, not damages, it is not subject to defenses the owner uses here, such as estoppel, laches and unclean hands. Other of his defenses are inadequately pleaded.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: December 6, 2023, Case #: 2:23cv1, NOS: Environmental Matters - Other Suits, Categories: Environment, Government, Maritime
J. Scott finds that a mother's parental rights were properly terminated since she continued to live with her boyfriend, who used methamphetamine, and allowed her boyfriend to abuse her children. Affirmed.
Court: Iowa Court Of Appeals, Judge: Scott, Filed On: December 6, 2023, Case #: 23-1123, Categories: Family Law
J. Bendix finds that the trial court erred in dismissing a city's claim that its insurer should have provided indemnification in an underlying employment litigation. The trial court held that the Insurance Code categorically bars coverage in retaliation cases since an insured that retaliates against an employee causes its own loss through a willful act. But not all acts of discipline against employees engaged in protected conduct are willful acts within the meaning of the Insurance Code. Here, the city may have disciplined its employees for refusing to carry out a policy that the city reasonably believed was lawful. Reversed in part.
Court: California Courts Of Appeal, Judge: Bendix, Filed On: December 6, 2023, Case #: B321450, Categories: Employment, Insurance
J. Cogburn grants a group of legal, mortgage and bank businesses their motion to dismiss breach of contract claims brought by a homebuyer who alleges errors in the property buying process that forced her into bankruptcy. The homebuyer claims that the deed of trust was not filed, that the property she ended up buying was not what she agreed to buy and that the mortgage business set up an escrow account with the bank, which “reversed” her payment to a different account, thus inflating taxes collected. However, she fails to present sufficient evidence of her claims.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: December 6, 2023, Case #: 3:23cv179, NOS: Other Contract - Contract, Categories: Real Estate, Banking / Lending, Contract
J. Mooney finds the Land Use Board of Appeals incorrectly interpreted ORS 92.044 (1961) 2 as a delegation of authority to Lane County to adopt approval standards for land divisions. “Petitioners’ predecessors in interest would not have been required to obtain county approval for the land division.” Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: December 6, 2023, Case #: A181949, Categories: Property
J. Seybert awards an annuity fund administrator $273,209 in ERISA withdrawal liabilities on its ERISA claims against a Manhattan-based real estate investment firm, along with $159,517 in prejudgment interest and $655,587 in attorney fees. The court further finds the firm’s principal personally liable for the claims and awards the administrator an additional $358,862 in damages, plus $404,029 in prejudgment interest.
Court: USDC Northern District of New York, Judge: Seybert, Filed On: December 6, 2023, Case #: 2:15cv4108, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Damages, Attorney Fees