205 results for 'filedAt:"2023-06-29"'.
J. Castel grants the infrastructure project management firm's petition to recognize, confirm, and enforce a final award of an international arbitration panel in its favor against the Republic of Haiti. The question of whether Haiti was a party to the arbitration agreements and whether the parties had submitted the dispute to arbitration has already been determined. This was the issue in a previous action instigated and lost by Haiti. That final judgment “precludes the parties...from relitigating issues that were or could have been raised in that action.”
Court: USDC Southern District of New York, Judge: Castel , Filed On: June 29, 2023, Case #: 1:22cv7503, NOS: Marine - Contract, Categories: Admiralty, Arbitration
J. Weissmann finds that the trial court improperly ruled against defendant in this appeal from his conviction for criminal mischief because defendant demonstrated his request for a jury trial was not honored and that his lawyer rendered ineffective assistance. Reversed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: June 29, 2023, Case #: 22A-PC-2431, Categories: Ineffective Assistance
J. Doyle finds that the trial court properly dismissed the churches from actions brought by the individuals alleging sexual abuse by scoutmasters with regard to RICO, respondeat superior and public nuisance claims. However, the trial court incorrectly dismissed several of the individuals' claims, including claims for fraudulent misrepresentation, fraudulent concealment, failure to provide adequate security, attorney fees and punitive damages. The trial court failed to correctly analyze negligence claims against one church. The individuals may be able to introduce evidence supporting tolling under the statute as to their fraud claims, therefore the trial court incorrectly dismissed them as time-barred. Reversed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 29, 2023, Case #: A21A0898, Categories: Fraud, Negligence, Racketeering
J. Lynch finds that the lower court properly convicted defendant based on the guilty plea to rape he entered while serving a lengthy term for pleading guilty to another rape and attempted kidnapping as a sexually motivated felony. Being sentenced remotely during the Covid-19 pandemic did not constitute a mode of proceedings error, as defendant requested such and waived his right to appear in person. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: June 29, 2023, Case #: 113326, Categories: Criminal Procedure, Sentencing, Plea
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J. Carter grants the SEC's motion for summary judgment for liability as to the investment advisor's violations of several securities and investing acts. The advisor was convicted criminally for securities fraud, investment adviser fraud and wire fraud, having used investor funds to pay for company operational expenses and for his personal benefit. There is ample undisputed evidence in the civil and criminal record satisfying the elements necessary to prove liability for the violations.
Court: USDC Southern District of New York, Judge: Carter , Filed On: June 29, 2023, Case #: 1:19cv5895, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities
J. Boulee partially grants two companies' motions to partially dismiss a wrongful death and negligence action brought by a widow and a grandmother arising after the decedent was crushed and his grandson was trapped by a camper's slide-out room extender. The strict liability claims are dismissed as barred by the statute of repose because the claim was filed more than 10 years after the date of the original camper purchase. A 2020 tolling order issued by the Georgia Supreme Court related to the Covid-19 emergency order did not apply to the statute of repose. However, the negligence claim is not barred by the statute of repose because the widow and grandmother sufficiently alleged that the companies acted with at least reckless disregard for life.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: June 29, 2023, Case #: 1:22cv3605, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Wrongful Death
J. Furman finds that that the Motor Vehicle Division failed to support its revocation of a driver's license with sufficient evidence. The evidence does not show that police gave the driver an express consent affidavit or that the driver refused chemical testing. Reversed.
Court: Colorado Court Of Appeals, Judge: Furman, Filed On: June 29, 2023, Case #: 22CA0761, Categories: Licensing, Vehicle
J. Doyle finds that the trial court properly ruled in favor of the injured driver in a negligence action against the driver arising from a car collision. Any error the trial court made in refusing to allow the driver to introduce evidence of a police report concerning a collision the injured driver experienced two years before the instant collision was harmless in light of other evidence in the case. However, the trial court incorrectly entered an attorney fee award under the statute because the injured driver served the offer to settle the case via e-mail rather than by certified mail or overnight delivery. Reversed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 29, 2023, Case #: A23A0331, Categories: Negligence, Attorney Fees
J. Duffin finds in favor of the plastic bag manufacturer in a lawsuit from a nutritional supplement company bringing breach of contract, warranty, conspiracy and other claims over thousands of defective bags the manufacturer made for the company's products. The manufacturer's motion to dismiss is denied regarding personal jurisdiction over the case, but it is granted as to each of the company's six claims, as its two warranty claims and contract and negligence claims are barred by expired four-year statutes of limitation, and its conspiracy and fraudulent misrepresentation claims are barred by Wisconsin's economic loss doctrine. The company's case is dismissed with prejudice.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: June 29, 2023, Case #: 2:23cv305, NOS: Other Contract - Contract, Categories: Tort, Warranty, Contract
J. Engelmayer denies the asset management company's motion for reconsideration of a ruling granting in part the technology company's motion to dismiss the claim alleging that the asset management company conspired to depress the price of the tech company's depositary shares and stock in order to pay the tech shareholders an unfairly low price when taking the company private during merger. Pleadings did not plausibly allege that the tech company's value exceeded the merger price, or that the asset management company could have secured the price.
Court: USDC Southern District of New York, Judge: Engelmayer , Filed On: June 29, 2023, Case #: 1:19cv10067, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Business Expectancy
J. Grassl Bradley finds the circuit court properly ruled in favor of the taxpayers group in their lawsuit over a transportation utility fee the town collected, which the group claims is essentially an unlawful property tax. The fee, which no one disputes is technically a tax on properties meant to generate revenue for funding the construction and maintenance of public roads, unlawfully collected taxes beyond the town's municipal levy limit under Wisconsin statutes, and it did so based on an unlawful methodology that sought to collect taxes from commercial properties based in part on their estimated amount of use of municipal roads. Affirmed.
Court: Wisconsin Supreme Court, Judge: Grassl Bradley, Filed On: June 29, 2023, Case #: 2022AP001233, Categories: Government, Property, Tax
J. DeHoog, on a certified question of Oregon law from the United States Court of Appeals for the Ninth Circuit, finds clothing company Eddie Bauer violated the Oregon Unlawful Trade Practices Act by selling outlet clothing with discount claims that were not true. “an ‘ascertainable loss’ within the meaning of the UTPA can, under some circumstances, flow from a consumer’s decision to purchase a product in reliance upon the retailer’s misrepresentation as to price history or comparative prices. Thus, plaintiff’s purchase price theory is a viable theory of ascertainable loss even in the absence of a showing that the seller misrepresented some characteristic or quality of the product sold.”
Court: Oregon Supreme Court, Judge: DeHoog, Filed On: June 29, 2023, Case #: S069438, Categories: Business Practices
J. Fox finds that defendant waived his right to a public trial when he failed to object to a livestream video feed of jury selection that was part of a Covid-19 protocol. He also waived his claim that his right to be tried for the charged forgery offense was violated when the trial court allowed a constructive amendment. The amendment was not a structural error and he did not object at the time it was made. Affirmed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: June 29, 2023, Case #: 21CA0834, Categories: Burglary, Due Process, Forgery
Per curiam, the circuit finds that the district court properly found for the department of justice in public records claims seeking to identify an executive officer whose name had been redacted from a report confirming his sexual harassment of a subordinate because releasing his name would constitute an invasion of privacy and would not advance the public's understanding of governmental operations. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 29, 2023, Case #: 22-1812, Categories: Public Record, Privacy
J. Wilson permits a city sanitation manager to continue whistleblower retaliation claims contending Harrisburg mayor Wanda Williams fired him for refusing to create superfluous job positions for her son, nephew, and other family members within his department. The employee's speech was protected because he reported the alleged wrongdoing as a citizen, not as a government employee.
Court: USDC Middle District of Pennsylvania, Judge: Wilson, Filed On: June 29, 2023, Case #: 1:22cv1474, NOS: Civil Rights - Habeas Corpus, Categories: Employment, Whistleblowers, Employment Retaliation
J. Kearney denies an insurance company's motion to dismiss a couple's unfair trade practices claim that was filed after the insurance company refused to pay the girlfriend's claim after they were hit by a vehicle while riding bikes. The boyfriend added his girlfriend to his car insurance policy prior to the accident and paid an additional premium for her to be listed on the account; it is still unclear what her being added entitles her to.
Court: USDC Eastern District of Pennsylvania, Judge: Kearney, Filed On: June 29, 2023, Case #: 2:23cv1732, NOS: Insurance - Contract, Categories: Insurance, Trade, Contract
J. Bailey finds that the lower court improperly granted summary judgment in favor of the management company on the property owner's breach of contract claim against it. There is evidence of a breach under the parties' lease management agreement, specifically related to the presence of a dog on the premises. Summary judgment was appropriate, however, as to his negligence claim. Reversed in part.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: June 29, 2023, Case #: 11-21-00178-CV, Categories: Real Estate, Negligence, Contract
Per curiam, the appellate division finds that appellate counsel may withdraw from representing defendant in his guilty plea to criminal mischief, contempt, and attempted assault, which stemmed from a confrontation with police during a domestic incident, because nonfrivolous issues do not exist to be raised on appeal. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 29, 2023, Case #: 112903, Categories: Assault, Plea, Contempt
J. Pearce finds that the trial court properly dismissed a patient's respondeat superior claim against the medical practice that employed a physician assistant she said sexually assaulted her, as the medical practice did not hire him to perform sexual acts. Also, the Physician Assistant Act does not create vicarious employer liability for acts outside the scope of employment any more than a claim based on respondeat superior liability would. Affirmed.
Court: Utah Supreme Court, Judge: Pearce, Filed On: June 29, 2023, Case #: 20210873, Categories: Medical Malpractice, Assault