150 results for 'filedAt:"2023-05-25"'.
[Consolidated.] J. Srinivasan grants, in part, Sierra Club's petition for review of the Federal Energy Regulatory Commission's approval of the Mountain Valley Pipeline project. The commission must prepare an environmental impact statement pertaining to potential erosion caused by the project or better explain why one is not needed, but the project can move forward during the interim, as it is almost complete and completion may solve the project's impact on the soil.
Court: DC Circuit, Judge: Srinivasan, Filed On: May 25, 2023, Case #: 20-1512 , Categories: Energy, Environment
J. Wilkins finds the district court improperly dismissed a former department vice president's claims against the nonprofit she worked for regarding its CEO's reference to her as toxic after she was fired in breach of the parties' severance agreement and non-disparagement clause. There is evidence the clause applies to the nonprofit and its officers, she has plausibly alleged the breach of contract was racially driven and that the comments were discriminatory. Reversed.
Court: DC Circuit, Judge: Wilkins, Filed On: May 25, 2023, Case #: 22-7004 , Categories: Employment, Employment Discrimination, Contract
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J. Bourliot finds that the trial court properly granted summary judgment to the seller of oil and gas wells in its suit against the purchaser for not performing its plugging and abandonment obligations. The court had jurisdiction to decide the dispute, and the evidence was sufficient to show the purchaser breached the agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: May 25, 2023, Case #: 14-21-00315-CV, Categories: Civil Procedure, Energy, Contract
Per curiam, the Massachusetts Supreme Court upholds a single justice's denial of an attorney's motion to stay an order temporarily suspending him pending further disciplinary proceedings pertaining to his alleged gambling problem and misappropriation of hundreds of thousands of dollars in client funds. Evidence supports the justice's decision that a temporary suspension is warranted. Affirmed.
Court: Massachusetts Supreme Court, Judge: Per curiam, Filed On: May 25, 2023, Case #: SJC-13370, Categories: Attorney Discipline
J. Wendlandt upholds defendant's conviction of first-degree murder and felony murder for strangling and smothering his girlfriend. The trial court thoroughly addressed defense counsel's concerns about defendant's ability to stand trial and found him competent, and also properly instructed the jury. Affirmed.
Court: Massachusetts Supreme Court, Judge: Wendlandt, Filed On: May 25, 2023, Case #: SJC-13158, Categories: Competence, Murder
Per curiam, the appellate division finds that the lower court properly denied the city's motion to dismiss contract claims stemming from alleged breach of the parties' construction agreements except as to claims for delay damage that arose after issuance of the certificates of substantial completion. The contractors failed to seek timely review of the certificates within 30 days of the determination to issue them. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 25, 2023, Case #: 02839, Categories: Construction, Contract
J. Longoria finds that the lower court improperly denied the appellants' motion to compel arbitration in this lawsuit asserting claims for negligence and intentional infliction of emotional distress in connection with the funeral services provided. There was a valid arbitration agreement, and the claims against the funeral home are "within the scope of the agreement." Reversed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: May 25, 2023, Case #: 13-21-00453-CV, Categories: Arbitration, Negligence, Contract
J. Groves finds that while one of the victim's minor siblings admitted to "squishing" a 2-year-old prior to his death, defendant's murder conviction is supported based, in part, on the fact that none of the treating physicians or the state's expert witnesses believed the blunt force injuries that caused the victim's death could have been caused by the 6-year-old sibling. Meanwhile, the trial court properly admitted the investigating officers' testimony about out-of-court statements made by the victim's mother because the evidence was used to explain the police investigation and did not prejudice defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: May 25, 2023, Case #: 2023-Ohio-1747, Categories: Evidence, Murder, Child Victims
J. Summerhays grants remand to the joint owners of a 35-acre tract in rural Church Point, Louisiana, transferring to state court their environmental property damage suit against Atlantic Richfield Company (ARCO), Chevron-owned companies and Hess Corp. The corporations unsuccessfully argued for federal jurisdiction on grounds that ARCO, a Texas citizen, was improperly added to the suit by the property owners, a Louisiana woman and a Texas corporation based in Louisiana. The landowners prevailed by showing that the terms of a 1953 operating agreement “explicitly” provide that the sued companies, including ARCO, are proportionately liable for damages to related to their oil and gas operations. The landowners have stated “a viable claim against ARCO, even if they do not ultimately prevail.”
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: May 25, 2023, Case #: 6:22cv6190, NOS: Other Contract - Contract, Categories: Environment, Damages, Jurisdiction
J. Clark finds the lower court properly denied the borrower's motion to set aside the default judgment granted to the lender. The 15-day filing limitation in the Connecticut judicial rules of practice is not applicable to foreclosure proceedings and the court was entitled to enter a judgment immediately after the lender proved a default. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: May 25, 2023, Case #: AC45043, Categories: Civil Procedure, Banking / Lending
J. Egan finds that the lower court properly convicted defendant based on his guilty plea to drug possession and sale. After being discharged from a judicial diversion program for committing certain violations, defendant was sentenced to the maximum permissible term, which was not harsh given his criminal history and warnings he received concerning the possible sentence length. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: May 25, 2023, Case #: 111507B, Categories: Drug Offender, Sentencing, Plea
J. Boyle finds the lower court properly denied the wife's motion for attorney fees in a divorce dispute because she failed to file her motion at the correct time and missed a procedural deadline. Meanwhile, the trial court properly refused to hold a hearing on the wife's motion for sanctions because it had already found the husband's claims to be non-frivolous and a hearing would not have changed the outcome. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: May 25, 2023, Case #: 2023-Ohio-1752, Categories: Family Law, Sanctions, Attorney Fees
J. Wesley finds that the district court improperly calculated compensatory damages at $284.8 million for trade secrets violations allegedly committed by a subcontractor after its servicing agreement soured with a party that licenses administrative software for health care insurance companies. The sum purportedly represented the subcontractor's avoided costs in research and development to compete for clients, but such far outweighed actual profits lost following misappropriation. The parties' amended servicing agreement did not alter the subcontractor's confidentiality obligations.
Court: 2nd Circuit, Judge: Wesley, Filed On: May 25, 2023, Case #: 21-1370, Categories: Trade Secrets, Damages
J. Jensen finds that the circuit court properly issued a decree of separate maintenance but lacked authority to equitably divide the marital property as part of the decree in a divorce proceeding. The matter is remanded for an evidentiary hearing to divide the marital assets for the time the divorce decree was entered. Affirmed in part.
Court: South Dakota Supreme Court, Judge: Jensen, Filed On: May 25, 2023, Case #: 2023 SD 24, Categories: Family Law
J. Diaz finds the lower court improperly dismissed the inmates' families' RICO charges. The families sufficiently pled injury in being overcharged for prison phone calls stemming from the providers' misrepresentation of prices to local governments. Vacated.
Court: 4th Circuit, Judge: Diaz, Filed On: May 25, 2023, Case #: 22-1472, Categories: Government, Consumer Law, Racketeering
[Consolidated.] J. Miller finds the trial court properly denied the video doorbell company, Ring’s motion to compel arbitration in this class action alleging that it did not inform the purchaser “at the time of purchase that the … recording, playback, and snapshot features … would only operate if … an additional fee” were paid. Guiding California Supreme Court case law holds that a pre-dispute arbitration agreement is invalid insofar as it purports to waive a party’s statutory right to seek public injunctive relief. Ring did not identify which of 10 versions of its terms of service it believed governed, citing different exhibits inconsistently. It was within the court’s discretion to reject the inconsistent arguments. Affirmed.
Court: California Courts Of Appeal, Judge: Miller, Filed On: May 25, 2023, Case #: A165103, Categories: Arbitration, Class Action, Injunction
J. Hoffstadt finds that the probate court erred in refusing to probate a document as constituting a testator's will. The probate court was not limited to the four corners of the proffered document in its analysis of whether the drafter exhibited testamentary intent, as extrinsic evidence is key to determining a drafter's intent. There was clear and convincing evidence that the drafter intended an unwitnessed letter she wrote almost 20 years before her death to be testamentary. Reversed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: May 25, 2023, Case #: B321347, Categories: Wills / Probate
J. Freyre finds the trial court properly ordered restitution be paid by defendant, who, as a loss prevention officer for Walmart, had access to a key that he used to steal electronics and cash from registers, all of which was caught on surveillance video. The record shows that the restitution information wasn’t available at the time of defendant’s plea, and the court complied with criminal code by accepting that the prosecutor would provide an amount within 91 days of conviction. Affirmed.
Court: Colorado Court Of Appeals, Judge: Freyre, Filed On: May 25, 2023, Case #: 21CA0669, Categories: Theft, Restitution, Due Process
J. O'Hearn dismisses claims contending a company wrongfully rescinded a job offer after the applicant tested positive for marijuana because a private cause of action does not exist under the state cannabis regulatory, enforcement assistance, and marketplace modernization act.
Court: USDC New Jersey, Judge: O'Hearn , Filed On: May 25, 2023, Case #: 1:22cv5387, NOS: Employment - Civil Rights, Categories: Employment
J. Hoffstadt finds the trial court properly dismissed this class action brought against the previously dissolved district alleging its failure to provide potable drinking water. The district had been dissolved for incompetence and the Reorganization Act grants discretion to the Local Agency Formation Commission to permit it to appoint a successor agency responsible for winding up the district’s affairs. The county is immune and the district is legally nonexistent. Affirmed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: May 25, 2023, Case #: B317653, Categories: Administrative Law, Water, Agency