130 results for 'filedAt:"2023-05-17"'.
J. Gorton denies class certification to two students' on their claims related to a university's refusal to return tuition or fees paid for a semester in 2020 when it closed its on-campus facilities and offered only online classes. There are subjective and individualized questions due, in part, to the students' faulty damages model, which includes a proposed actual value of online, post-COVID education that cannot be applied to a class.
Court: USDC Massachusetts, Judge: Gorton, Filed On: May 17, 2023, Case #: 1:20cv11021, NOS: Other Contract - Contract, Categories: Education, Covid-19, Class Action
J. Hudson reverses the court of appeals' finding that a plaintiff could not recover damages on an unjust enrichment claim because he was unable to prove the increase in value to a home attributable to cash payments he made for improvements. Regardless of the improvements' value, the plaintiff has proved the value of the payments he made.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: May 17, 2023, Case #: A21-1427, Categories: Property, Real Estate
J. Moore reverses the Court of Appeals' finding that an arbitrator exceeded his powers in granting a union's grievance related to the use of nonunion subcontracted workers at a hospital system. The hospital system has not adequately shown that the arbitrator's award fell outside the scope of a collective bargaining agreement. Reversed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: May 17, 2023, Case #: A21-1079, Categories: Arbitration, Contract, Labor
J. Moss denies a political committee's motion for a preliminary injunction that would allow it to deliver a petition to Ron DeSantis that includes a list of more than 200,000 supporters who want him to run for president. The Federal Election Commission properly determined the petition is an in-kind contribution and contact list, as it includes the email addresses and phone numbers of each listed supporter.
Court: USDC District of Columbia, Judge: Moss, Filed On: May 17, 2023, Case #: 1:22cv3282, NOS: Other Statutory Actions - Other Suits, Categories: Elections, Government
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J. Soto finds a lower court ruled correctly in convicting defendant in a “series of interrelated kidnappings and a murder.” Defendant argued there were a number of issues with her convictions, including closing arguments by prosecutors “comparing her to world leaders guilty of murder and genocide,” but prosecutors were in fact making a permissible argument that she was a criminal “mastermind” who was “morally culpable” for alleged “indirect participation in the killing of others,” and prosecutors alleged that defendant was intimately involved in the crimes, including by being “present taking notes” while one person was allegedly tortured. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: May 17, 2023, Case #: 08-22-00166-CR, Categories: Jury, Murder, Kidnapping
J. Tookey finds the trial court properly dismissed a tenant's motion in a forcible entry and detainer action. “It is the landlord’s responsibility to determine in good faith whether the violation is one that reasonably can be cured by one of the [listed] means…within the notice period required.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: May 17, 2023, Case #: A176826, Categories: Landlord Tenant
J. Thyer finds the circuit court properly revoked defendant’s suspended imposition of sentence on two counts of terroristic threatening, sentencing him as a habitual offender. The SIS was revoked due to defendant’s possessing and using controlled substances and failing to pay costs. The original sentencing order, which did not clarify upon which counts defendant was sentenced as a habitual offender as been corrected on remand. His argument that there was an incorrect departure from guidelines is without merit. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: May 17, 2023, Case #: CR-22-175, Categories: Probation, Sentencing, Terrorism
J. Harrison finds the trial court properly dismissed this lawsuit, for yearslong want of service, which alleges tortious conduct of emergency room workers who reported unfounded elder abuse. The process server is the only witness of the service attempt. His testimony shows that he could reasonably have concluded that the people who accepted process were the emergency room workers, and that service was complete. The case should be considered a “completed attempt,” rather than “no service” case, and the court’s dismissal should have been without prejudice. Affirmed as modified.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: May 17, 2023, Case #: CV-22-1, Categories: Health Care, Due Process, Elder Abuse
J. Egan finds the trial court properly denied property owners' relief on their claim for boundary by agreement. “The trial court was permitted to find that, in negotiating the ‘acre for acre’ land conveyance that forms the basis for plaintiffs’ boundary by agreement claim, the parties’ predecessors continued to rely on the ‘true’ boundary as described in the deeds.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: May 17, 2023, Case #: A176183, Categories: Property
J. Jensen finds that the circuit court improperly entered judgment as to an estate’s claims involving the two payable-on-death CDs into a son's account from his father's estate. The remainder of the judgment on the estate’s claims and the son’s claim for conversion was properly entered by the lower court. Affirmed in part.
Court: South Dakota Supreme Court, Judge: Jensen, Filed On: May 17, 2023, Case #: 2023SD23, Categories: Trusts, Wills / Probate
J. Wood finds the circuit court properly terminated both parent’s parental rights. The department filed for emergency custody as the children had been reported dependent neglected, living with their maternal grandparents while the mother was homeless. A child reported that he had been hit with a belt by his step-grandfather for “breaking the rules.” The mother has been in minimal compliance with her case plan and all evidence supports termination. The father failed to attend a visitation hearing and had not complied with any court orders or case plan. The father filed a motion for reconsideration or relative placement, but because it was not filed within ten days of the termination order it was not subject to the deemed-denial provision of the rules of appellate procedure. The court never ruled on this motion and there is nothing for review. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: May 17, 2023, Case #: CV-22-761, Categories: Family Law, Due Process, Guardianship
[Consolidated.] J. Thompson finds that defendant was properly convicted of molestation and indecent behavior with several children. Defendant's motion for change of venue was properly denied because the internet comments made about defendant and his case in online news articles were made more than a year and a half before the trial, and there was no indication that the commenters were residents of Bossier Parish. Further, none of the jurors were excused due to an inability to be impartial because of media attention. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: May 17, 2023, Case #: 55,023-KA, Categories: Jury, Sex Offender
[Modified.] J. Williams modifies several sentences in an insurance opinion with no change in judgment. The trial court properly ruled in favor of the injured party, denying her claim for prejudgment interest, in this dispute over an uninsured motorist claim. The injured party saw her mother die when the driver hit both pedestrians in a crosswalk. She sustained significant emotional distress damages. The amount of her policy limits claim for excess underinsured motorist benefits was not fixed by her policy limits offer to allow judgment conforming with existing terms before trial according to code. Affirmed.
Court: California Courts Of Appeal, Judge: Williams, Filed On: May 17, 2023, Case #: H049825, Categories: Insurance, Vehicle, Emotional Distress
Per curiam, the appellate division finds that the lower court properly granted the housing corporation's petition to annul a city water bill for unbilled service going back four years submitted after the city realized it had been billing the corporation for only 706 of its 988 units. The bill was not for unbilled service, but for under-billed service, which is subject to a two-year limitation period. The matter must be resubmitted for a recalculation of the corporation's bill. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 17, 2023, Case #: 02659, Categories: Administrative Law, Water
J. James finds the trial court erred in convicting defendant of assault against an infant. “The record created on defendant’s motion to dismiss, coupled with the state’s stipulation that it would not prove whether the offenses occurred in Washington County, Oregon, Multnomah County, Oregon, or Clark County, Washington, demonstrates, beyond dispute, that the state cannot show that Oregon courts have subject matter jurisdiction over these offenses.” Reversed.
Court: Oregon Court of Appeals, Judge: James, Filed On: May 17, 2023, Case #: A175260, Categories: Assault, Child Victims
J. Harrison finds the district court properly granted the stepfather’s petition to adopt the minor child without the biological father’s consent. The stepfather had assumed the role of father for more than four years. The mother expressed her consent and the petition alleged that the biological father’s consent was not required because he had failed without justifiable cause, for at least one year, to have meaningful communication with his child or to provide care and support as required by the divorce decree. The stepfather is a consistent, dependable presence who has cared for the child since he was a toddler. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: May 17, 2023, Case #: CV-22-420, Categories: Family Law, Guardianship
J. Harrison finds the Workers’ Compensation Commission properly awarded the teacher permanent disability benefits for a 4% impairment to her cervical spine and 5% wage-loss disability arising from a slip and fall on a wet ramp as she helped children to the school bus. A neuropsychological evaluation stated that “the overall pattern of the … evaluation is not compatible with a traumatic brain injury.” This is sufficient to show that the teacher did not suffer a permanent brain impairment. The district’s argument that the wage loss award is time-barred, claiming that the teacher’s injuries were not incurred on the date in question, is moot. Affirmed on appeal and cross-appeal.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: May 17, 2023, Case #: CV-22-413, Categories: Employment, Health Care, Tort
J. Brown finds the circuit court properly terminated reunification services with the mother, suspending visitation with her and granting permanent custody of the minor children to their father. A family service worker alleged, based on an investigation into a child abuse hotline tip, that the unstable mother has failed to assist the diabetic child with her medical needs. The mother fails to cite any legal authority for her contention that without the court providing services that it cannot assess whether further services could result in successful reunification. The issue of visitation is within the discretion of the court, with the primary consideration being the children’s best interest. The testimony and evidence will not be reweighed. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: May 17, 2023, Case #: CV-22-811, Categories: Family Law, Guardianship
J. Aoyagi finds defendant’s claim of error involving the trial court’s restitution order is unpreserved. “At the final hearing, defendant effectively withdrew his previous arguments that the court could not impose a more severe sentence—including a higher restitution amount—and argued only that the court should not do so because the victim was not credible and the state was being vindictive.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 17, 2023, Case #: A176513, Categories: Sentencing, Restitution
[Consolidated] J. Fernandez finds partially in favor of the individual bringing a defamation suit against the news broadcaster for what he claims was false reporting on his business dealings, as well as partially in favor of his attorneys ordered to pay fees as sanctions after a hearing and re-hearing before the trial court on the broadcaster's motion. The trial court correctly ordered that two of the attorneys should contribute for 50% of the fees ordered and ordered the other 50% to be covered by the litigant himself, but it incorrectly found that a third attorney was not involved enough with the litigation to bear responsibility for paying any fees, so the latter part of the ruling is overturned. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: May 17, 2023, Case #: 21-1733, Categories: Sanctions, Defamation
J. Aoyagi finds the trial court properly convicted defendant of failing to obey a traffic control device. “A rational factfinder could reasonably infer from the circumstantial evidence admitted at trial that defendant entered the crosswalk after his light turned yellow.” Affirmed
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 17, 2023, Case #: A178054, Categories: Evidence
J. Kamins finds the prosecutor made improper statements during rebuttal closing argument that constituted improper burden shifting in a case convicting defendant of nine sexual offenses against the daughter of his mother’s partner. “By suggesting that defendant was required to present evidence to show that his confessions were false, the prosecutor distorted the burden of proof.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: May 17, 2023, Case #: A176285, Categories: Prosecutorial Misconduct, Sex Offender
J. Nagala grants the lighting company employees' motion to dismiss, ruling the injured shopper fails to show the employees transacted business in the state of Connecticut; therefore, this court lacks jurisdiction.
Court: USDC Connecticut, Judge: Nagala, Filed On: May 17, 2023, Case #: 3:22cv1081, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, Negligence, Jurisdiction