129 results for 'filedAt:"2023-05-23"'.
J. Furuya finds a lower court improperly granted summary judgment to a land title company on a mechanic liens service's contract claims. The land title company argued that it was not obligated to provide coverage to the title company. However, the mechanic liens service sufficiently showed that the lower court improperly applied contractual liability defenses to coverage questions. Reversed in part.
Court: Arizona Court Of Appeals Division One, Judge: Furuya, Filed On: May 23, 2023, Case #: 1 CA-CV 21-39, Categories: Insurance, Contract
J. Spain finds that the trial court improperly reversed the decision of the civil service commission that upheld the suspension of a fire department district chief stemming from alleged misconduct during a public-relations event with pro basketball players. The district chief allegedly witnessed a player driving a fire station high-water vehicle with the lights and siren turned on. There was substantial evidence that the district chief did not report the violations. Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: May 23, 2023, Case #: 14-21-00570-CV, Categories: Administrative Law, Employment, Evidence
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J. Emfinger finds the lower court properly awarded physical custody of the parties' minor children to the father. The parties were granted a divorce in 2018, giving the mother physical custody of the children, with the father having 14 days of visitation per month. While the parties successfully co-parented the children, the mother planned to move out of state and filed for modification of the custody order, as the existing order would no longer be feasible due to distance. The lower court found the move constituted an adverse material change of circumstances as it affected the amount of parenting time each parent would have with the children, and the amount of time they would spend with their extended family. The lower court awarded physical custody of the children to the father in an effort to maintain stability and continuity in the children’s lives. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Emfinger, Filed On: May 23, 2023, Case #: 2021-CA-01108-COA, Categories: Family Law
J. Davis adopts a report and recommendation which recommended default judgment as a sanction against the debt collector for failing to obtain legal counsel to negotiate a settlement, but alters the report's recommended course of action to hold entry of judgment in abeyance until the case has been resolved on its merits. It is too early to determine whether the debt collector which hired the absent debt collector is jointly and severally liable for the actions of the absent party.
Court: USDC Minnesota, Judge: Davis, Filed On: May 23, 2023, Case #: 0:21cv1560, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Debt Collection, Privacy
J. Rubin finds the trial court must reconsider defendant's probation revocation after finding defendant guilty of only one of two underlying offenses. The trial court must determine whether revocation is justified due to defendant's forgery or misuse of a New Jersey driver's license. Reversed in part.
Court: Massachusetts Court Of Appeals, Judge: Rubin, Filed On: May 23, 2023, Case #: 21-P-844 , Categories: Probation, Forgery
J. Hanisee finds a lower court erred in determining the New Mexico Human Rights Act does not apply to public schools after a teacher and Albuquerque’s school board were sued by a Native American student who said she was left feeling unwelcome in school following remarks by the teacher about Native Americans. The teacher and school officials argued the student did not bring a valid claim on the grounds that New Mexico public schools are not a “public accommodation” under the Act, but the “plain language” of the Act does refer to schools and a reading of precedent and past laws, including the 1955 Public Accommodations Act, shows that lawmakers intended to include schools. Reversed.
Court: New Mexico Court of Appeals, Judge: Hanisee, Filed On: May 23, 2023, Case #: A-1-CA-39732, Categories: Civil Rights, Education, Government
Per curiam, the appellate division finds that the lower court properly found for the plaintiff law office in a dispute over unpaid referral fees pursuant to the parties' fee-sharing agreement. Even if the plaintiffs' bill of particulars was inadequate, defendants cannot show that these failures were willful or contumacious.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 23, 2023, Case #: 02763, Categories: Attorney Fees, Contract
J. Thapar finds the lower court properly denied the fishing and wildlife coalition's motion to intervene because it believed at the time of the motion that the state of Michigan and several Native American tribes were less than a month from finalizing a new consent decree regarding regulation of Great Lakes fisheries. The last-minute nature of the motion, when combined with evidence Michigan intends to protect the coalition's interests during negotiations and the ultimate consent decree, weigh against granting the coalition party status in the case, especially considering the last round of negotiations began more than three years ago. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: May 23, 2023, Case #: 22-1946, Categories: Civil Procedure, Native Americans, Water
J. Falvey finds the Board of Veterans Appeals improperly denied the Navy veteran’s claim for an effective earlier date for left eye blindness and service-connected cataracts. The court evokes navigation “through long-gone regulations … past zombie precedent … thought slain by the Supreme Court” in finding that the VA failed to give the veteran proper notice. The initial notice didn’t explain that service connection was denied for cataracts and evidence fails to show that the veteran knew that he could appeal a 1965 corrective notice. The differences between the initial notice and the corrective notice did not reasonably state that the denial could be appealed, and so the appeal never became final. Reversed and remanded.
Court: Court Of Appeals For Veterans Claims, Judge: Falvey, Filed On: May 23, 2023, Case #: 21-5454, Categories: Government, Health Care, Veterans
J. Goodwin dismisses the appeal of the lawful permanent resident who was found removable as charged for having been convicted of an aggravated felony. The immigration judge found that the conviction was for an aggravated felony burglary offense but did not decide whether the respondent had been convicted of a crime of violence. The Board of Immigration Appeals concludes that the respondent has been convicted of an aggravated felony crime of violence as defined according to relevant immigration criminal law, for displaying a firearm during the robbery, and is thus removable. There is a concurring and dissenting opinion.
Court: Board of Immigration Appeals, Judge: Goodwin, Filed On: May 23, 2023, Case #: 4063, Categories: Firearms, Immigration, Robbery
J. Dillard finds that the trial court properly dismissed the newspaper's action alleging that the sheriff violated Georgia's Open Records Act by refusing to turn over a family violence report and police body camera footage related to a 911 call involving domestic violence between a former Augusta prosecutor and his wife. The trial court correctly found that the footage was exempt from release under the Act because it was encompassed by the report and was filmed at the couple's home where there was a reasonable expectation of privacy in the absence of a pending law enforcement investigation. No arrests were made as a result of the call, therefore no portion of the report is subject to release. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: May 23, 2023, Case #: A23A0552, Categories: Public Record, Privacy
J. Shea answers a certified question from the Ninth Circuit concerning whether, in an action for wrongful discharge, an employer may defend a termination solely for reasons given in a discharge letter. The court says y. The internet provider cites the Montana Supreme Court’s holding in the case referred to as “Galbreath.” The holding in this case states that “any collateral reasons suggested by the evidence, other than the sole reason stated in the discharge letter, were irrelevant, and therefore, inadmissible.” Because the Galbreath rule is an evidentiary rule predicated on the Montana Rules of Evidence, it has not been superseded by statutory amendments from 1999.
Court: Montana Supreme Court, Judge: Shea, Filed On: May 23, 2023, Case #: OP 22-0023, Categories: Evidence, Judiciary, Employment Retaliation
J. Rivera finds that the appellate division improperly held that defendant's right to a public trial had not been violated when court officers kept spectators waiting outside during defendant's trial on murder charges because staff implementation of a standing policy that barred entry or exit during witness testimony caused the holdup, and even if the judge was not directly involved, he adopted the policy and delegated its implementation, causing unjustified exclusion. Thus, a new trial is necessary. Reversed.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: May 23, 2023, Case #: 42, Categories: Constitution
J. Hess finds that the lower court properly dismissed the raw ingredient supplier's suit alleging the defendant company threatened its customers with legal action over their use of the supplier's "NitroRocket," a specially engineered extract of arugula designed for sports nutrition, which allegedly infringed on the defendant's rights. There is no evidence that the alleged conduct was committed in or had significant links to Missouri, so the suit was correctly dismissed for lack of jurisdiction. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hess, Filed On: May 23, 2023, Case #: ED111095, Categories: Tort, Jurisdiction, Business Practices
J. Bulsara grants, in part, a motion for leave to amend on a civil rights suit brought against the port authority, which alleges two officers falsely charged the litigant with speeding in a construction zone. The litigant is allowed to add new details to his complaint regarding his claim for monetary damages and grants his motion for a jury trial. However, his motion is denied insofar as it requests to add the officer who issued the summons as an additional defendant because he waited more than eight months to make the request and showed a lack of extreme due diligence on the litigant’s part.
Court: USDC Eastern District of New York, Judge: Bulsara, Filed On: May 23, 2023, Case #: 1:21cv2062, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Damages, Police Misconduct