179 results for 'filedAt:"2023-12-19"'.
J. Bailey finds that the trial court properly divided property in a dissolution of marriage by calculating the value of a farm or the amount of marital debt at the time of the initial dissolution petition. Meanwhile, the court properly adjusted the wife's equalization payment for money she had paid for the husband's personal expenses during the dissolution process. Affirmed.
Court: Indiana Court Of Appeals, Judge: Bailey, Filed On: December 19, 2023, Case #: 22A-DN-2801, Categories: Family Law
J. Riggs grants the home seller's motion to dismiss, ruling emails from the potential buyer's real estate agent are insufficient to prove the seller made any sort of promise to sell the house if the buyer raised her offer from $395,000 to $410,000, while there is also no evidence of a verbal or written agreement that could constitute an enforceable contract.
Court: USDC New Mexico, Judge: Riggs, Filed On: December 19, 2023, Case #: 1:23cv613, NOS: All Other Real Property - Real Property, Categories: Property, Real Estate, Contract
J. Stanfill finds that the lower court properly terminated the mother's parental rights to her two children. On appeal, the mother contends that she received ineffective assistance of counsel, but the record does not show that the attorney was deficient. The record indicates that the mother had a "chronic drinking problem" and that she was imprisoned at the time of the hearing. Affirmed.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: December 19, 2023, Case #: 2023ME76, Categories: Evidence, Family Law
J. Boggs finds that the trial court properly convicted defendant of murder and possession of a firearm during the commission of a felony. Defendant failed to show that his substantial rights were affected by the trial court's failure to give the jury an instruction on no duty to retreat. The trial court correctly gave the jury a sequential unanimity instruction on involuntary manslaughter as a lesser offense of murder. Defendant failed to show that he was prejudiced by his trial counsel's alleged deficiencies. Affirmed.
Court: Georgia Supreme Court, Judge: Boggs, Filed On: December 19, 2023, Case #: S23A0906, Categories: Ineffective Assistance, Murder, Jury Instructions
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J. Wicks refuses to disqualify a citizen’s counsel in his civil rights lawsuit against Suffolk County on the basis that he and his counsel are in a romantic relationship and have been dating for the past four years, finding she is not a witness to the events or named in the suit. The court further denies the citizen’s third motion to compel seeking files regarding Internal Affairs investigations, finding he failed to make an effort to meet and confer with opposing counsel before filing the motion as required by court procedure.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: December 19, 2023, Case #: 2:20cv1501, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery
J. Dillard finds that the trial court properly convicted defendant of armed robbery, aggravated assault, aggravated battery, possession of a firearm during the commission of a felony and other offenses. The trial court correctly allowed the co-defendant to identify defendant in surveillance footage of the armed robbery. The co-defendant lived with defendant and was familiar with defendant's appearance. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: December 19, 2023, Case #: A23A1446, Categories: Robbery, Assault, Battery
J. Fischer enteres a permanent writ ordering the lower court to dismiss counts claiming the tech company failed to provide class members with timely notice of increased property assessments, and caused others to have their property assessments increase by more than 15% without a physical inspection. The tech company, which operated as a subcontractor to the county, is entitled to dismissal of these claims because it did not owe the property owner a duty of care.
Court: Missouri Supreme Court, Judge: Fischer, Filed On: December 19, 2023, Case #: SC100298, Categories: Property, Tax, Negligence
J. Moeller finds that the trial court properly granted a private water company's motion for summary judgment on claims it improperly updated its governing documents and lacked authority to issue additional shares. No new shares have been issued so the claim is not ripe and the remaining claims are derivative and subject to specific pleading requirements that were not met. Affirmed.
Court: Idaho Court Of Appeals, Judge: Moeller, Filed On: December 19, 2023, Case #: 49237, Categories: Property, Water, Fiduciary Duty
J. Wicks grants, in part, a motion in limine to exclude witness testimony in an employment retaliation complaint that alleges the New York’s child and family services agency denied an aide’s promotion after he filed a complaint alleging he was denied accommodations for a work-related head injury. The court excludes a witness’s affidavit on the basis that the witness can attest to the details in person at trial, and further excludes a coworker’s testimony regarding a discussion about his promotion denial, finding it is redundant and constitutes hearsay.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: December 19, 2023, Case #: 2:18cv7212, NOS: Employment - Civil Rights, Categories: Evidence, Discovery, Employment Retaliation
J. Rice grants the homeowners' motion to remand their case to the Spokane County Superior Court, as their lawsuit accuses the interstate insurance exchange of wrongfully denying full coverage for the homeowners' claim for damage caused by sewage water flooding the entire lower level of their home. The interstate insurance exchange's office is located in Texas, but because it is an interstate insurance exchange structured as an unincorporated association, its diversity is not complete. The homeowners residence in Washington state helps justify remanding their case to the Spokane County Superior Court.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: December 19, 2023, Case #: 2:23cv294, NOS: Insurance - Contract, Categories: Insurance, Property, Jurisdiction
J. Pinson finds that the trial court properly convicted defendant of murder. Sufficient evidence was presented to support defendant's convictions and to allow the jury to reject defendant's theory of self-defense. The trial court correctly instructed the jury on simple assault and defendant failed to show that the trial court committed any error in failing to charge the jury on the lesser offenses of felony or misdemeanor involuntary manslaughter. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: December 19, 2023, Case #: S23A0802, Categories: Ineffective Assistance, Murder, Jury Instructions
J. Newsom finds that the district court properly denied the resort companies' motion to stay litigation and direct to arbitration a class action brought by timeshare purchasers against the companies with respect to most of the purchasers. The action arose after the purchasers' attempts to arbitrate breach of contract and fraud claims against the companies were rejected by the American Arbitration Association due to the companies' failure to comply with the Association's policies. The district court correctly found that the companies were in default with the Association. Six purchasers who either had petitions rejected by the Association or whose agreements included arbitration provisions can proceed to litigation. However, two purchasers who had an agreement with different resort-related entities must return to the district court for further consideration of the Federal Arbitration Act's applicability to their claims. Affirmed in part.
Court: 11th Circuit, Judge: Newsom, Filed On: December 19, 2023, Case #: 22-11504, Categories: Arbitration, Class Action
J. Steele denies summary judgment to insurer Great American who sought judgment indicating it does not owe a duty to defend or indemnify for an employment insurance payment paid out under an umbrella policy. The third-party company’s employee was injured on an electrical company’s equipment. The court grants summary judgment in favor of an electrical company and its insurer dismissing Great American’s amended complaint. The third-party company motion for summary judgment is granted for the duty to defend but denied for the duty to indemnify.
Court: USDC Southern District of Alabama, Judge: Steele, Filed On: December 19, 2023, Case #: 1:22cv2, NOS: Insurance - Contract, Categories: Insurance, Settlements, Indemnification
J. Brady finds for plaintiff, a death doula, in civil rights claims brought after the state sought to terminate her business, which helps individuals plan their own end-of-life ceremonies and burials, on grounds that she is not a licensed funeral director. Settlement terms that preclude plaintiff from performing many services should be put on hold as the case proceeds because the terms likely violate the free speech rights of the business, which cannot operate with the restrictions in place.
Court: USDC Northern District of Indiana, Judge: Brady, Filed On: December 19, 2023, Case #: 1:23cv370, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Constitution
J. Zahn finds that the trial court must allow a jury to consider whether yellow padding on a snow gun involved in a deadly collision met the statutory warning requirement. A jury must also determine whether a conspicuous notice was present at the top of the ski run, and whether the resort can use an assumption of risk defense. Reversed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: December 19, 2023, Case #: 49693-2022, Categories: Wrongful Death
J. Chen finds in partial favor of the news representative on his FOIA complaint alleging that the Department of Justice did not fully comply with his records request for documents relating to firearms recovered south of the border by the ATF. The DOJ argues that he fails to prove that he is a news representative, but he has written an op-ed about the subject, has been quoted in other articles, and even made a documentary film, all of which more than qualify him as a news representative. The matter is remanded and stayed, however, to give the ATF a chance to answer some questions over its database access.
Court: USDC Northern District of California, Judge: Chen, Filed On: December 19, 2023, Case #: 3:22cv7663, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Public Record
Per curiam, the appellate division finds that the lower court improperly denied the companies' motion to consolidate this action alleging injuries due to carbon monoxide fumes with another action pending before the same court. The two actions arise out of the same underlying occurrence, and have significantly overlapping facts. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 19, 2023, Case #: 06498, Categories: Civil Procedure, Tort
J. Singas finds that the appellate division properly dismissed workplace injury claims brought after a commercial trailer fell on a heavy-equipment mechanic when he was lifted by a front loader bucket so he could work underneath. Because the mechanic was involved in ordinary vehicle repair, he was not engaged in the kind of protected "elevation-related hazard" of erecting, demolishing, or altering a structure. Affirmed.
Court: New York Court Of Appeals, Judge: Singas, Filed On: December 19, 2023, Case #: 94, Categories: Tort, Labor
J. Suddaby grants judgment to a thrift store located in Ithaca, New York, on a self-represented female sales associate’s employment discrimination and retaliation claims, which she brought after she was fired for stealing merchandise. She fails to provide any details to suggest she was discriminated on the basis of her gender or religion or that her employer’s decision to terminate her employment was retaliatory.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: December 19, 2023, Case #: 3:21cv1048, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Chuang grants, in part, the education board’s motion to dismiss in this Rehabilitation Act lawsuit brought by a former employee alleging hostile work environment, failure to accommodate, constructive discharge and retaliation in connection with her PTSD. The former employee fails to sufficiently establish her claim of a hostile work environment and constructive discharge. The failure to accommodate and the retaliation that pertains to the accommodation claims survive due to denial of her request. The request for punitive damages is stricken.
Court: USDC Maryland, Judge: Chuang, Filed On: December 19, 2023, Case #: 8:23cv299, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Dlott grants the debt collector's motion for summary judgment, ruling that because the consumer failed to disclose this lawsuit during bankruptcy proceedings, she is judicially estopped from bringing the Fair Debt Collections Practices Act claims against the collector.
Court: USDC Southern District of Ohio, Judge: Dlott, Filed On: December 19, 2023, Case #: 1:21cv291, NOS: Consumer Credit - Other Suits, Categories: Bankruptcy, Debt Collection, Consumer Law
J. Zahn finds that the trial court properly granted summary judgment to employers accused of having their store manager falsely arrested. The manager failed to show the employers had knowingly made a false statement to police, or that they were malicious when accusing him of grand theft. Also, he was an at-will employee so there was no breach of an enforceable employment contract. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: December 19, 2023, Case #: 49535-2022, Categories: Employment, Defamation
J. Brennan finds that the lower court must reconsider defendant's sentence on firearms charges because changes to the sentencing guidelines since his sentence changed how status points are applied and would have lowered his criminal history and resulting guidelines range. Vacated.
Court: 7th Circuit, Judge: Brennan, Filed On: December 19, 2023, Case #: 22-2665, Categories: Firearms, Sentencing
Per curiam, the Colorado Supreme Court finds the actions of former President Donald Trump to encourage and incite an insurrection disqualify him from being placed on the Republican primary ballot for the 2024 presidential election under the Fourteenth Amendment of the U.S. Constitution. The portion of the amendment that precludes an insurrectionist from holding officer was intended to be self-executing and, therefore, no act of Congress is required to allow the court to enforce it, although in anticipation of an appeal to the U.S. Supreme Court, the decision will be stayed until January 4, 2024.
Court: Colorado Supreme Court, Judge: Per curiam, Filed On: December 19, 2023, Case #: 2023CO63, Categories: Constitution, Elections, Government
[Consolidated.] J. Smith finds for the U.S. in this post-award bid protest concerning a contract to provide support services to FEMA because the U.S. performed a fair and reasonable evaluation of the bid proposals.
Court: Court of Federal Claims, Judge: Smith, Filed On: December 19, 2023, Case #: 23-1013, Categories: Contract
[Consolidated.] J. Tapp finds for plaintiff in this post-award bid protest concerning a contract to provide body armor kits because ICE failed to respond to the company's challenge to an organizational conflict of interest. The matter should be remanded for further proceedings.
Court: Court of Federal Claims, Judge: Tapp, Filed On: December 19, 2023, Case #: 23-913, Categories: Civil Procedure, Contract