209 results for 'filedAt:"2023-07-13"'.
J. Ahlers finds that defendant was properly convicted of OWI after police found him impaired while removing him from the sleeper cab of his truck shortly after the truck had been driven into a ditch. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: July 13, 2023, Case #: 22-1637, Categories: Evidence, Dui
J. Gomez finds that the trial court properly denied attorney fees to a lessee that prevailed in stopping the condemnation of property it leases. Property owners are entitled to fee and cost recovery, not lessees. On remand, the trial court must make explicit findings before denying the lessee's other request for attorney fees that was based on its claim that the condemnation action was frivolous, groundless or vexatious. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: July 13, 2023, Case #: 22CA0680, Categories: Property, Attorney Fees
J. Stiglich, on review, finds the district court properly corrected the worker’s compensation appeals officer’s imposition of a requirement that an estate must prove the employer would have foreseen that its travelling employee would engage in the activity which caused his death in order for his spouse and children to receive benefits. The appeals officer misinterpreted relevant case law governing benefits for travelling employees. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich, Filed On: July 13, 2023, Case #: 84111, Categories: Wrongful Death, Workers' Compensation
J. Bower finds that defendant was properly convicted of willful injury causing bodily injury after shooting his neighbor in the leg following a confrontation because defendant chased the victim into his own yard rather than de-escalate the confrontation. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: July 13, 2023, Case #: 22-1127, Categories: Assault
J. Schumacher finds that a mother was properly granted physical care of the parties' children following dissolution of marriage because the father abused alcohol while the children were in his care. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: July 13, 2023, Case #: 23-0136, Categories: Family Law
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J. Triana finds that the trial court improperly ruled in favor of Texas residents, granting a default judgment in their favor in a breach of contract case arising out of their inability to access a vacation rental home in California. A default judgment against the California-based homeowner was granted after several failed attempts to serve him. On appeal, the homeowner asserts that the Texas residents failed to satisfy requirements under the state’s long-arm statute. The Texas residents did not properly establish the homeowner’s home or office for the purpose of serving him with the suit. Therefore, their actions were outside of compliance with the long-arm statute. Reversed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: July 13, 2023, Case #: 03-22-00322-CV, Categories: Jurisdiction, Contract
J. Motz finds the board improperly failed in not recognizing the nexus that the Pentecostal immigrant from El Salvador established between the persecution she suffered and her religion. MS-13 members sought her out and demanded that she assist them because of her position in, work for, and attendance at church; and then, because she refused to help them, they escalated their conduct to the persecution of her. Vacated.
Court: 4th Circuit, Judge: Motz, Filed On: July 13, 2023, Case #: 21-1381, Categories: Immigration
J. McKeown denies a petition for panel rehearing and amends a district court order reversing the district court’s dismissal of a third amended complaint in an action brought by a class of children against Google alleging that it used persistent identifiers to collect data and track their online behavior without their consent in violation of the Children’s Online Privacy Protection Act (COPPA). The district court previously held that the “core allegations” in the third amended complaint were preempted by COPPA. State laws that supplement federal law do not stand as obstacles to Congress’s objectives and are therefore not “inconsistent.”
Court: 9th Circuit, Judge: McKeown, Filed On: July 13, 2023, Case #: 21-16281, Categories: Communications, Privacy, Class Action
J. Fox finds that sufficient evidence supported the trial court's determination that a strip of land in a property line dispute had been ceded under the doctrine of boundary by acquiescence. However, it failed to make findings to support its permanent injunction order and attorney fee award. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: July 13, 2023, Case #: 22CA1075, Categories: Property, Attorney Fees
J. Celebrezze III finds that the lower court properly found in favor of the law firm for the Halo Event Group member's legal malpractice claim alleging that the lawyer did not inform the member that he left the law firm. The lawyer did not waive his insufficiency-of-service argument, and because he left the case and the law firm, the law firm is not liable for any legal malpractice claims against the lawyer. Affirmed.
Court: Ohio Court Of Appeals, Judge: Celebrezze III, Filed On: July 13, 2023, Case #: 112418, Categories: Legal Malpractice
J. Clark finds that the lower court properly altered an order to award a father sole custody of the parties' child after medical personnel raised concerns about the mother's mental state because the parents' inability to communicate and the mother's "deep distrust" of the father had a negative effect on their daughter. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: July 13, 2023, Case #: 534331, Categories: Family Law
J. Hartz finds that the lower improperly issued a judgment in favor of a poultry company in a class securities dispute that alleged the company made a series of misleading statements to investors regarding its business operations and other financial results data. The lower court dismissed the second amended complaint but did not first properly address its sufficiency and improperly found it was barred by the statute of repose. The matter is remanded for further proceedings on the sufficiency of the amended complaint. Reversed.
Court: 10th Circuit, Judge: Hartz, Filed On: July 13, 2023, Case #: 21-1445, Categories: Civil Procedure, Securities, Class Action
J. Badding finds for a podiatrist in medical negligence claims since he used all conservative care measures to treat the patient before performing an unsuccessful surgery. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: July 13, 2023, Case #: 22-0850, Categories: Negligence
J. Morrison issues a preliminary injunction staying the nearly 200 ongoing arbitration and state court proceedings filed by a pain management specialist who seeks payments on no-fault insurance claims that amount to more that $1.1 million in unpaid claims. The order also covers actions that have yet to be filed, which seek an additional $1.7 million in unpaid claims. The court finds State Farm, who alleges the specialist filed fraudulent insurance claims starting in 2017, will most likely win on the merits of its claims and will suffer irreparable harm if the cases are allowed to proceed.
Court: USDC Eastern District of New York, Judge: Morrison, Filed On: July 13, 2023, Case #: 1:22cv3611, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Insurance
J. Chicchelly finds that a bank was properly granted summary judgment in claims concerning the failure to pay promissory notes because the borrower failed to identify which term of the lending contract had been breached. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: July 13, 2023, Case #: 21-0821, Categories: Banking / Lending
Per curiam, the appellate division finds that attorney Nicholas Canizio should be disbarred because he remained uncooperative and continued to practice law following imposition of an indefinite suspension for failing to cooperate with an investigation into his escrow account.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 13, 2023, Case #: PM-151-23, Categories: Attorney Discipline
J. Thomson finds a company is entitled to minerals in a mineral-rights dispute stemming from a “lengthy and complicated dispute between
heirs.” While the details of a 1980 will were admissible evidence that some heirs should have been given notice of a “heirship proceeding,” they were not enough to “negate” the purchasing rights of the company in question because that company established purchase through a “valid” judgment more than a decade ago. Affirmed.
Court: New Mexico Supreme Court, Judge: Thomson, Filed On: July 13, 2023, Case #: S-1-SC-38601, Categories: Energy, Real Estate, Wills / Probate
Per curiam, the appellate division finds that attorney Bill Cogan may be reinstated following his May 2019 suspension for failing to meet registration requirements because he complied with the order of suspension and possesses the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 13, 2023, Case #: PM-150-23, Categories: Attorney Discipline
Pere curiam, the Fifth Circuit finds the district court properly convicted defendant for possession with intent to distribute cocaine and firearm possession. Although defendant argues that no evidence shows he knowingly possessed firearms, the weapons were found in a room which also contained a recent traffic ticket issued to defendant as well as a bill for cable and internet service at his address, all next to a backpack containing marijuana sold to defendant during a controlled delivery. The jury also heard an audio recording of defendant saying that he was “locked and loaded … and had unlimited bullets.” This satisfies plain error review. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 13, 2023, Case #: 22-30409, Categories: Drug Offender, Evidence, Firearms
J. Robinson reverses the appellate court's judgment on the employee's lawsuit, which alleges that the police department's supervisor discriminated against the employee because he is Vietnamese, including by criticizing his accent. The appellate court incorrectly determined that the employee did not establish his employment discrimination claim as there was evidence that the supervisor fired the employee because of his recorded conduct, and none of the evidence indicated that the employee was argumentative or confrontational. Reversed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: July 13, 2023, Case #: SC20669, Categories: Evidence, Employment Discrimination
Per curiam, the Michigan Court of Appeals finds the trial court properly denied defendant’s application to set aside her convictions for possession with intent to deliver less than 50 grams of cocaine and delivery of marijuana. Though the convictions arose from the same transaction, occurring within 24 hours of each other, one carries a maximum penalty of more than 10 years’ imprisonment, which precludes the statutory provision allowing for offenses arising from the same transaction to be treated as one. Affirmed.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: July 13, 2023, Case #: 362098, Categories: Drug Offender, Sentencing
J. Bustamante finds a lower court ruled correctly in determining that an emergency communications center was immune from tort claims after it was sued by an officer who alleged she was injured because she responded to a call involving a man in crisis without receiving all relevant information about that call. Although the center did not provide information to the officers that the man was off his medications, any errors by dispatchers “do not rise to the level of the torrent of mistakes” that might have defeated immunity. Affirmed.
Court: New Mexico Court of Appeals, Judge: Bustamante, Filed On: July 13, 2023, Case #: A-1-CA-39570, Categories: Government, Immunity, Due Process