132 results for 'filedAt:"2023-05-30"'.
J. Newey finds a lower court properly dismissed a mixed used building owner's breach of lease claims against an apartment complex. The mixed used building owner argued that the apartment complex operator breached a shared ownership lease. However, the apartment complex operator presented sufficient evidence in court that it was entitled to acquire the right to manage certain blocks of flats that housed qualifying tenants.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: May 30, 2023, Case #: CA-2022-1754, Categories: Landlord Tenant, Housing, Contract
J. Arnold- Burger finds a lower court properly convicted a defendant to one count of identity theft after he presented a social security card to law enforcement that did not belong to him in order to dodge arrest for outstanding warrants. The defendant argued that he is only on the hook for a misdemeanor charge of interference with law enforcement. However, the State presented sufficient evidence in court that the charge of interference with law enforcement is not a more specific crime related to his charge of identity theft. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Arnold- Burger, Filed On: May 30, 2023, Case #: 124,314, Categories: Identity Theft
J. Doughty denies a request by a Louisiana-based baby products manufacturer for permission to amend its answer to a patent infringement suit, arising from its “no tears” pail for shampooing a baby’s hair. At issue is whether the baby-bucket maker and other businesses named in the suit have “an unfettered right” to alter their answer to the complaint to add “whatever additional defenses and counterclaims they desire. The answer is that they do not.” The patent suit was filed in 2016. Trial is set to begin September 18, 2023.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: May 30, 2023, Case #: 3:17cv821, NOS: Patent - Property Rights, Categories: Patent, Property, Business Practices
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[Modified.] The appeals court modifies several sentences in a false claims and lending case and denies a petition for rehearing with no change in judgment. The trial court should have allowed a false claim action to proceed against banks the state hired to manage the interest rates for variable rate demand obligations. The allegation that the banks did not fulfill their obligation to set rates as low as possible was supported with sufficiently particularized facts to clear the demurrer stage. The complaint cited a detailed analysis and bank employee corroboration to allege that the banks used a coordinated "Robo-Resetting" scheme to set rates without factoring in bond characteristics or market conditions. The state was allegedly harmed because it did not receive the paid-for services and it paid higher interest on the bonds. Reversed.
Court: California Courts Of Appeal, Judge: Per curiam, Filed On: May 30, 2023, Case #: A163264, Categories: Banking / Lending, False Claims
J. Lasnik denies the zoo's motion to exclude the animal law advocacy organization's expert, Dr. Valerie Johnson, from testifying in the organization's lawsuit alleging that the zoo violated the Endangered Species Act by possessing and improperly caring for endangered species. Dr. Johnson is qualified to provide her opinion that the care of wolf pups taken from their mothers was inadequate because her prognosis of the wolf pups was based on data and within her expertise as a veterinarian.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: May 30, 2023, Case #: 3:18cv6025, NOS: Environmental Matters - Other Suits, Categories: Environment, Experts, Animal Cruelty
J. Thacker finds the lower court improperly dismissed the deliberate indifference charges against the prison nursing staff for failure to support a cause of action against them for a constitutional violation. The nursing staff violated the Fourteenth Amendment when they refused to take the incredibly unhealthy inmate suffering from heart complications due to drug withdrawals to the hospital when his blood pressure spiked. Reversed.
Court: 4th Circuit, Judge: Thacker, Filed On: May 30, 2023, Case #: 20-7102, Categories: Constitution, Prisoners' Rights
J. Gonzalez finds that the lower court properly granted the developer's claim for specific performance in a contract dispute pertaining to the sale of Inclusionary Air Rights. After agreeing to sell the rights, defendant backtracked on the sale price and asked a much steeper price. The return of the plaintiff's deposit is not an adequate remedy for the breach of this agreement, and defendant did not do due diligence in setting the original price. Affirmed.
Court: New York Appellate Divisions, Judge: Gonzalez, Filed On: May 30, 2023, Case #: 02842, Categories: Property, Contract
J. Rice finds that the trial court properly determined that an insurer did not have a duty to defend and indemnify an insured for property damage claims the insured made after being sued by a contractor for nonpayment. The policy definitions for property damage caused by an occurrence do not include breach of contract claims. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: May 30, 2023, Case #: DA 22-0154, Categories: Insurance
J. Jones finds in favor of the bank on the loan borrower's claim that the bank did not properly respond to her questions about the loan modification on her property, either through her 13 phone calls or her two notice of error letters. The bank's responses to the loan borrower's inquiries were timely under the RESPA because it did so within 30 days of the acknowledged receipt of the inquiry, and the bank provided in-depth responses as to why it found that there was not an error in the 2019 loan modification.
Court: USDC Western District of Washington, Judge: Jones, Filed On: May 30, 2023, Case #: 2:22cv650, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending, Contract
J. Jensen finds that the district court properly determined that defendant has serious difficulty controlling his behavior after he was placed in civil commitment as a sexually dangerous individual. However, the court exceeded it's authority under North Dakota Century Code. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: May 30, 2023, Case #: 2023ND100, Categories: Sex Offender, Commitment
J. Murguia finds that the district court properly entered convictions for attempted sexual exploitation of a minor and possession of child pornography. At trial, the jury heard extensive evidence that defendant placed a hidden camera in his bathroom with the purpose of secretly recording and amassing a collection of nude videos of his then fourteen-year-old stepdaughter. Sufficient evidence supported the conviction. Affirmed.
Court: 9th Circuit, Judge: Murguia , Filed On: May 30, 2023, Case #: 21-30272, Categories: Evidence, Sex Offender
J. Zic affirms the lower court’s ruling that a man who pled guilty to multiple crimes when he was a minor cannot be granted a reduction in his sentences under the Juvenile Restoration Act of 2021. The act states that if someone was convicted of a crime or crimes within one case as a juvenile, and they have already served 20 years, they may be considered for a reduction. However, this man was convicted of crimes across four separate cases and so is not eligible. Affirmed.
Court: The Appellate Court of Maryland, Judge: Zic, Filed On: May 30, 2023, Case #: 22-K-99-000114, Categories: Criminal Procedure, Juvenile Law, Sentencing
J. Rice partially denies summary judgment to the university for the former head football coach's claim that the university wrongfully denied his request for religious exemption or reasonable accommodations for the Covid-19 vaccine. The former coach adequately alleges that Proclamation 21-14, which imposed vaccination as a condition of employment, generates conflict between employment duties and religious-based objections, and the university does not adequately prove that providing the accommodations would have caused it undue hardship.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: May 30, 2023, Case #: 2:22cv319, NOS: Employment - Civil Rights, Categories: Employment, Covid-19, Employment Discrimination
J. Bumb dismisses claims seeking insurance coverage for medically necessary surgery because that the insurer authorized surgery did not establish an implied contract, and authorization did not specify covered treatments or costs.
Court: USDC New Jersey, Judge: Bumb, Filed On: May 30, 2023, Case #: 1:22cv2407, NOS: Insurance - Contract, Categories: Insurance
J. McEvers finds that the district court properly denied a wife's motion for relief from a divorce judgment and denied her motion for contempt and granted the husband's motion to stay enforcement of the judgment. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: May 30, 2023, Case #: 2023ND98, Categories: Family Law
[Consolidated.] J. Prouty finds mostly in favor of the Navy as to these complex, consolidated disputes arising from a design and build contract for a laboratory building for the Engineering Directorate of the Naval Surface Warfare Center. Poor site conditions were consistent with information provided to the contractor and, to an extent, resulted from the contractor’s actions. There was sufficient reasoning behind the Navy’s decision to restrict night and weekend work, which did not breach the duty of good faith and fair dealing. The contractor is owed for fire sprinkler and electronic security systems which were contracted for with only partial payment. The building should have been ready for earlier occupancy and acceleration claims are unsupported.
Court: Armed Services Board Of Contract Appeals, Judge: Prouty, Filed On: May 30, 2023, Case #: 60426, Categories: Government, Military, Contract
J. Wray finds a lower court ruled correctly in convicting defendant of driving while intoxicated. Defendant argued that a breath test result had been improperly admitted as evidence, and while authorities indeed did not comply with “accuracy-insuring regulations” around defendant’s breath test, the court heard other evidence of defendant’s intoxication and “did not rely on the inadmissible blood alcohol test results,” and therefore the error was harmless. Affirmed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: May 30, 2023, Case #: A-1-CA-39633, Categories: Evidence, Dui, Vehicle
J. Mollway denies a motion by the husband of a woman who died during a SCUBA boat tour to make statements made by the captain of the tour to the Coast Guard in a separate administrative action admissible at trial. The captain checking a box on the Coast Guard’s enforcement action does not unambiguously imply admitted liability just due to phrasing used in the “factual allegations” section. Additionally, admission of even a section would require the entire context of the complaint and it has already been ruled by a magistrate judge that the Coast Guard’s administrative action was to be protected from discovery.
Court: USDC Hawaii, Judge: Mollway, Filed On: May 30, 2023, Case #: 1:21cv475, NOS: Marine - Torts - Personal Injury, Categories: Evidence, Wrongful Death, Discovery
[Consolidated.] J. Sabatino finds that the appellate division improperly upheld defendants' convictions on marijuana and weapons charges based on evidence discovered when officers conducted a pat-down and searched the vehicle during a traffic stop initiated for a suspended driver's license. Prolonging the stop to wait for a drug-sniffing dog was not justified in light of the officer's uncertainty that he smelled marijuana. Reversed.
Court: New Jersey Supreme Court, Judge: Sabatino , Filed On: May 30, 2023, Case #: A-4-22, Categories: Drug Offender, Search, Weapons
Per curiam, the appellate division finds that the lower court properly ruled against the insurer in a suit stemming from its refusal to cover losses resulting from an E. Coli outbreak in the insured's Romaine lettuce. Nothing in the policy required that governmental authorities specifically identify the insured's product as the contaminated product in order for coverage to be triggered. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 30, 2023, Case #: 02846, Categories: Insurance, Contract
J. Hudson grants summary judgment to the state troopers accused of wrongful death and excessive force charges. The troopers were within their rights to approach the immobilized vehicle armed following a high-speed chase over a speeding violation, leading to the deceased pulling out his firearm and, in turn being shot by the police.
Court: USDC Eastern District of Virginia, Judge: Hudson, Filed On: May 30, 2023, Case #: 3:22cv225, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Wrongful Death, Police Misconduct
J. Schreier denies motion for partial summary judgment in a matter involving a Bureau of Indian Affairs project to replace the roof at the Oglala Adult Offenders Facility at Pine Ridge, South Dakota. Summary judgment is denied because questions still remain concerning industry standards on the asphalt application to roofs.
Court: USDC South Dakota, Judge: Schreier, Filed On: May 30, 2023, Case #: 5:22cv5001, NOS: Miller Act - Contract, Categories: Property, Contract
J. Pryor grants the company's petition for review and vacates the citation given by the labor secretary after two of the company's warehouse workers had forklift accidents known as "under-rides" within a six-month period. One of the incidents was fatal. The company complied with the safety standard that addresses under-rides. The commission therefore improperly upheld the citation.
Court: 11th Circuit, Judge: Pryor, Filed On: May 30, 2023, Case #: 22-11626, Categories: Labor