174 results for 'filedAt:"2023-05-31"'.
J. Kendall partially grants a web design entrepreneur’s motion for attorney fees from an underlying fraud suit brought against him by his former employer. The entrepreneur prevailed on summary judgment in that case, and now the court finds he is due roughly $17,000 in attorney fees.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: May 31, 2023, Case #: 1:20cv5709, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Fraud, Attorney Fees
J. Lefkow denies several medical benefit providers’ motions to dismiss fraud claims, brought against them by an insurance agency who say the providers misled it as to their clients’ outstanding medical claims. Despite the benefit providers’ assertions to the contrary, the court finds it does have personal jurisdiction over this case.
Court: USDC Northern District of Illinois, Judge: Lefkow, Filed On: May 31, 2023, Case #: 1:22cv1270, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Insurance, Jurisdiction
J. Furuya finds a lower court improperly denied a defendant's motion to expunge records in connection to his conviction for solicitation to possess marijuana for sale. The State argued that the lower court properly sentenced the defendant for possessing 18 grams of marijuana back in 2014. However, his marijuana offenses are eligible for expungement under the Arizona Revised Statutes.
Court: Arizona Court Of Appeals Division One, Judge: Furuya, Filed On: May 31, 2023, Case #: 1 CA-CR 21-518, Categories: Drug Offender, Sentencing
Upon en banc reconsideration, J. Valenzuela upholds the trial court's termination of a father's parental rights to his daughter and naming her foster parents as her managing conservators. Evidence indicates the father has a criminal history, used meth with the mother of the child while she was pregnant and was charged with assaulting the woman while she was pregnant. Affirmed.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: May 31, 2023, Case #: 04-22-00264-CV, Categories: Family Law
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J. Flanagan denies, in part, a debt collector's motion to dismiss an individual's consumer claims related to its attempt to collect more than $6,000 in collection fees on a $314 debt she owed a homeowners' association and the subsequent lien it placed on her home. She has alleged sufficient facts to support her claims under the Fair Debt Collection Practices Act and two state debt collection laws, along with her class claims.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: May 31, 2023, Case #: 5:22cv302, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law, Class Action
J. Welch finds that the trial court partly erred in granting the boiler servicing company's cross motion for partial summary judgment in a dispute with its former president and a competing business over the alleged breach of a settlement agreement. The Louisiana statute that bans non-competition agreements applies to the settlement agreement in relation to the company's former president, and so the company may not seek liquidated damages from him for the alleged violation of the non-compete covenant contained in the settlement. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: May 31, 2023, Case #: 2022CA1225, Categories: Settlements, Contract
[Corrected.] Per curiam, the court of appeal finds the trial court improperly granted a company summary judgment on an individual's claims based solely upon the individual's failure to respond. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 31, 2023, Case #: 4D22-332 , Categories: Due Process
J. Lasnik finds in favor of the insurance company for the family's claim seeking coverage for the minor's medically necessary mental health treatment for his ADHD and Generalized Anxiety Disorder. Although there were procedural irregularities in the claims process, the plan's plain language states that the minor needs to receive at least one psychiatric evaluation per week to qualify for coverage at a residential treatment center, but he only received one psychiatric evaluation.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: May 31, 2023, Case #: 2:18cv1308, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance
J. Harris finds the board properly denied the Honduran immigrant's application for cancellation of removal. The immigrant, who sought to stay to care for his elderly father, failed to file an appeal within 30 days of the Board’s December 2020 order. Petition dismissed.
Court: 4th Circuit, Judge: Harris, Filed On: May 31, 2023, Case #: 21-1864, Categories: Immigration
J. Mercier finds that the trial court improperly granted the state's petition to revoke defendant's probation for allegedly committing a RICO violation and failing to pay fines. Defendant's probation had expired at the time the petition was filed and the tolling order submitted by the state and signed by the trial court five years after defendant was sentenced to probation was never filed with the clerk of court. Reversed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: May 31, 2023, Case #: A23A0323, Categories: Criminal Procedure, Probation
J. Jones finds the trial court properly ruled to terminate a mother’s parental rights to her child. A reasonable factfinder could have reached a similar conclusion that termination of parental rights was in the best interest of the mother’s child. Therefore, the evidence is sufficient. Affirmed.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: May 31, 2023, Case #: 03-22-00780-CV, Categories: Family Law
Per curiam, the Georgia Supreme Court accepts attorney Brian Walton Whiteside's petition for voluntary discipline and imposes a three-month suspension as discipline for his multiple violations of the Georgia Rules of Professional Conduct. The attorney made false statements to a client in a medical malpractice matter, failed to answer the client's requests for information and failed to advise the client that the matter was dismissed. The attorney also mishandled the same client's divorce litigation by failing to serve the wife or take any action after filing.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: May 31, 2023, Case #: S23Y0579, Categories: Judiciary, Attorney Discipline
J. Reichek finds that the lower court improperly awarded spousal maintenance and divided the community estate in this divorce case. The wife will "take nothing on her request for spousal maintenance," and the case is remanded for a new division of the property. Reversed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: May 31, 2023, Case #: 05-22-00040-CV, Categories: Family Law, Property
Per curiam, the Georgia Supreme Court upholds the board's decision denying attorney David Roberson's application for readmission to the state bar and certification of fitness to practice law. The attorney, who was disbarred in 2001, mischaracterized the circumstances leading to his disbarment during an informal conference and failed to explain his conduct during a formal hearing. The board correctly found that the attorney was not sufficiently rehabilitated because he failed to show that he takes responsibility for his actions and appreciates the harm he caused.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: May 31, 2023, Case #: S23Z0402, Categories: Judiciary, Attorney Discipline
J. Theofanis finds the trial court properly ruled against a waste disposal company in a contract suit against the City of Round Rock after the city council employed a different company to handle specific waste collection services. There was no imminent threat of injury to the company since its contractual ties to the city had expired. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: May 31, 2023, Case #: 03-22-00450-CV, Categories: Government, Contract
J. Komitee denies a litigant’s motion to seal his entire case which he first filed in 2008 stemming from the suspension of his medical license, finding that, despite his protestations that the case has denied him gainful employment, the motion is outweighed by the public’s interest. The court finds it more prudent to seal only his medical records he provided.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: May 31, 2023, Case #: 1:08cv4718, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Employment, Health Care
J. Biran disagrees with the lower court’s decision to exclude a statement by a victim of voluntary manslaughter committed by another man who sold drugs in the same territory. The trial court excluded the statement “This is my block” as hearsay, but the man argued it was relevant based on the victim’s known propensity for violence and possession of handguns, evidencing the statement as a credible threat. After a jury trial, the intermediate court published its dicta comparing the man to the monster Grendel in the Old English epic, Beowulf. The man asserts that equating him, a Black man, to this character suggests racist tropes. However, because the omission of the victim’s statement remains unconvincing beyond a reasonable doubt that it did not influence the verdict, the man has been deprived of his due process, necessitating a new trial. Because of this, the dicta will remain unaddressed. Reversed in part and remanded.
Court: Supreme Court of Maryland, Judge: Biran, Filed On: May 31, 2023, Case #: 119015009, Categories: Fair Trial, Manslaughter, Due Process
J. Fallon denies summary judgment to Walmart, ruling that evidence of a fallen fruit cup has helped a shopper meet his high burden of proof for a slip-and-fall lawsuit brought under Louisiana’s Merchant Liability Act. Walmart argued that the shopper failed to prove that its employee, who was stacking shelves earlier in the day, knocked down the fruit cup found near the accident scene. At the current stage of the case, the shopper “does not need to prove” that the store created the condition which caused his fall. The factual dispute over how the fruit cup and the spilled liquid came to be on the aisle floor is sufficient to carry the shopper’s claims to trial.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: May 31, 2023, Case #: 2:22cv3482, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Evidence, Business Practices
Per curiam, the appellate division finds that the lower court properly annulled the town planning board's determination that the car dealership failed to satisfy a condition of its special use permit - that it provide proof it had the right to use an adjacent property owned by a third party. The dealership provided documentation that it had permission to use the subject parking area from its landlord, who claimed ownership over the area via adverse possession. The Board had no basis to require the dealership to resolve the legal uncertainty surrounding the landlord's ownership of the subject property to satisfy the condition of its permit. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 31, 2023, Case #: 02879, Categories: Municipal Law, Property, Zoning
J. Devaney finds that the circuit court properly issued an oral ruling from a bench trial finding defendant guilty of hunting on private land without
permission from the owner. Defendant claims that his conviction should be reversed because the South Dakota Codified Law in question is not a strict liability offense. Affirmed.
Court: South Dakota Supreme Court, Judge: Devaney, Filed On: May 31, 2023, Case #: 2023SD25, Categories: Trespass
J. Niemeyer finds the tax court improperly imposed penalties for 2016. The company used a consistent methodology to determine the amount of the CEO's bonuses for both 2015 and 2016 with the advice of independent accountants, and therefore, the reasons that the tax court gave for not imposing a substantial underpayment penalty for 2015 likewise provided an adequate defense against imposing a similar penalty for 2016. Vacated.
Court: 4th Circuit, Judge: Niemeyer, Filed On: May 31, 2023, Case #: 22-1573, Categories: Tax, Business Practices
J. Winchester finds the district court improperly granted summary judgment in favor of the landowners seeking declaratory judgment and injunctive relief as to the Oklahoma Turnpike Authority’s allegedly untimely and insufficient notice of the proposed turnpikes. The authority gave sufficient notice of the agenda items that the landowners challenge and the level of specificity expected by the landowners in these items is not required by the Open Meetings Act. The announcement of the ACCESS Oklahoma Program did not violate the Act because it was for informational purposes only. Reversed and remanded.
Court: Oklahoma Supreme Court, Judge: Winchester, Filed On: May 31, 2023, Case #: 120981, Categories: Government, Public Record, Agency
J. Fowlkes denies a motion to enforce the settlement agreement in this collective action brought under the Fair Labor Standards Act. The dispute involves an alleged failure to remit payment to certain opt-in plaintiffs. However, the defendant entities have not breached the agreement, as the claimants "failed to submit valid claims under the terms of the Settlement Agreement."
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: May 31, 2023, Case #: 2:13cv2767, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor