195 results for 'filedAt:"2023-12-21"'.
J. James finds communications between a client and an attorney, made for the purpose of facilitating the rendition of professional legal services to the client, are presumptively confidential, and the client’s mere use of an employer’s email system, without more, does not overcome that presumption. A peremptory writ of mandamus shall issue.
Court: Oregon Supreme Court, Judge: James, Filed On: December 21, 2023, Case #: S069796, Categories: Communications
J. Triana finds the trial court properly ruled in favor of an engineering firm in a case it filed against its co-owner, alleging that he mishandled company assets. On appeal, the co-owner argues that the trial court erred in denying his motion to compel arbitration because a valid arbitration agreement exists. While an agreement does exist, it is not valid because only one party has signed it, thus rendering it unenforceable. Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: December 21, 2023, Case #: 03-22-00155-CV, Categories: Arbitration, Corporations, Business Expectancy
J. De Santos finds that the trial court properly sustained the state's demurrer in a car collision action based on vicarious liability. The state was not the employer or joint employer of the at-fault driver, who worked for as an in-home supportive services provider. The law that governs in-home supportive services does not provide for joint employment or vicarious liability. Affirmed.
Court: California Courts Of Appeal, Judge: De Santos, Filed On: December 21, 2023, Case #: F084367, Categories: Negligence
J. Pedersen finds that the lower court properly confirmed an arbitrator's award and denied the appellant's motion "to reconsider the propriety of compelling arbitration." The appellant contends that he never agreed to arbitrate the disputes with the appellees. However, the lower court did not abuse its discretion by ordering the arbitration, as the appellant's claims depend on a certain stock purchase agreement and he cannot "avoid the arbitration clause that governs" the agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: December 21, 2023, Case #: 05-22-00841-CV, Categories: Arbitration, Legal Malpractice, Attorney Fees
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J. Dato finds that the trial court properly found in favor of mineral rights holders in a dispute over the rights to mine sand and gravel through open-pit excavation. The holders are entitled to a 50 percent interest in the extracted minerals because they showed that sand and gravel mining had taken place in the area since the 1920s and their predecessors severed the surface and mineral rights through grant deeds that reserved a partial interest in the mineral rights. Affirmed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: December 21, 2023, Case #: D082234, Categories: Property
J. Ceresia finds that the lower court improperly dismissed a father's petition to modify an order awarding the mother primary physical custody of the parties' two children because a formal hearing should have been held on allegations of withheld parenting time. Reversed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: December 21, 2023, Case #: CV-22-2107, Categories: Family Law
J. Suarez finds the trial court erroneously removed the father's responsibility to pay for extracurricular activities of the children. Although he requested a modification of the couple's child support arrangement, he never suggested his contribution be reduced to zero, an option that was outside the scope of the court's authority. Reversed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: December 21, 2023, Case #: AC45592, Categories: Family Law
J. Lynch finds that the lower court improperly granted an application to release plaintiff from confinement at a psychiatric center because expert testimony and medical records demonstrated plaintiff required involuntary care and treatment for her mental illness, which included delusional thinking and behavior that threatened herself and others. Reversed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: December 21, 2023, Case #: CV-23-1485, Categories: Commitment
J. Palafox finds that a lower court ruled correctly in convicting defendant on assault charges. Defendant argues that he received ineffective counsel by failing to communicate that the had accepted a plea offer before the state rescinded it, but he did not raise this issue until appeal and his attorney has not been given an opportunity to "to contest or contextualize his allegations." Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: December 21, 2023, Case #: 08-23-00092-CR, Categories: Ineffective Assistance, Assault, Plea
[Consolidated.] J. Pipkin finds that the trial court properly entered default judgments in a quo warranto action brought by individuals seeking to remove two city council members from the council. The individuals claimed the council members did not meet the residency requirements. The trial court correctly struck one council member's answer and defenses due to intentional discovery violations. Affirmed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: December 21, 2023, Case #: A24A0389, Categories: Sanctions
J. Amon denies an appeal contesting a magistrate judge's ruling that denied a motion for leave to use discovery. The litigants in this case, who are suing various foreign financial institutions for their alleged involvement in helping to finance terrorist organizations, sought to use confidential information uncovered during discovery for several other similar cases. The magistrate judge's decision to deny the motion on the basis that the litigants failed to demonstrate a compelling need to modify a protective order was not erroneous.
Court: USDC Eastern District of New York, Judge: Amon, Filed On: December 21, 2023, Case #: 1:19cv7, NOS: Other Statutory Actions - Other Suits, Categories: Terrorism, Discovery