114 results for 'filedAt:"2023-06-05"'.
J. Snyder grants a trustee, who is the former minister of defense of Kuwait, and the government of Kuwait's motion to file an amended complaint contesting forfeiture of real property and assets allegedly purchased with embezzled funds. The trustee alleges that he is acting on behalf of the head of the Kuwaiti royal family, former Amir, and his wife. The trustee acted diligently in seeking leave to amend and "has provided a sufficient explanation for his failure to comply with the scheduling order."
Court: USDC Central District of California, Judge: Snyder, Filed On: June 5, 2023, Case #: 2:20cv6314, NOS: Other - Forfeiture/Penalty, Categories: Forfeiture
J. Kerrigan finds in favor of the commissioner in this claim for litigation costs after the taxpayer prevailed in the tax deficiency dispute. The commissioner was substantially justified in charging the deficiency.
Court: U.S. Tax Court, Judge: Kerrigan, Filed On: June 5, 2023, Case #: 160TC15, Categories: Government, Tax
[Consolidated.] J. Holdridge finds that the workers' compensation judge should have specified the amount of non-skilled personal care attendant services awarded to the permanently disabled tree trimmer based on whether the services were rendered by a family member or non-family member. The amount of such services is determined to be up to eight hours per day, five days per week if rendered by a family member, and up to ten hours per day, five days per week if rendered by a non-family member. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Holdridge, Filed On: June 5, 2023, Case #: 2022CA0727, Categories: Insurance, Workers' Compensation
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Menendez recommends denying the Minnesota Sex Offender Program detainee's motions for sanctions and appointment of counsel in his suit alleging a variety of civil rights violations by the program. The detainee's numerous claims do not make this matter factually or legally complex, and are within his capabilities to investigate as a pro se litigant. They are also recommended for dismissal.
Court: USDC Minnesota, Judge: Foster, Filed On: June 5, 2023, Case #: 0:11cv979, NOS: Prison Condition - Habeas Corpus, Categories: Civil Rights, Sanctions
J. King grants the customer's motion for monetary sanctions in the amount of $12,100 for the warehouse's failure to comply with discovery regarding the customer's lawsuit alleging that the warehouse's employee accidentally “pin[ned] him against a wall” with a pallet jack and “crush[ed]...his lower extremities.” The customer requested specific information as to the manufacturer and model of the pallet jack involved in the accident, but the warehouse did not supply the information until 17 months later. The delay cost the customer significant time and money that he would not have otherwise incurred.
Court: USDC Western District of Washington, Judge: King, Filed On: June 5, 2023, Case #: 2:21cv1536, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Sanctions, Negligence, Attorney Fees
J. King finds the lower court improperly ordered a preliminary injunction against the Asian business entities that compete in marketing video gaming chairs and other products. The first order contained clear and enforceable directives that threatened the company with contempt for noncompliance if they did not stop marketing their company with the disputed trademark. The district court made procedural errors that amount to abuses of its discretion in ordering the injunction while many aspects of the case were still debated. Vacated.
Court: 4th Circuit, Judge: King, Filed On: June 5, 2023, Case #: 22-1495, Categories: International Law, Trademark, Injunction
J. Pedersen finds that the lower court improperly denied the Texas Department of Transportation's plea to the jurisdiction as to the claim for property damage, stemming from an alleged car accident in a construction zone. Under the Texas Tort Claims Act, the department's immunity was not waived for the car owner's personal property claim. Accordingly, that claim should be dismissed due to a lack of jurisdiction. Reversed in part.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: June 5, 2023, Case #: 05-22-00498-CV, Categories: Tort, Vehicle, Jurisdiction
Vice Chancellor Will finds that motions seeking to compel interrogatory responses in full should be denied because sufficient responses have been provided. Meanwhile, the motion to compel a search of disputed terms in the company's Google programs should be denied as overbroad, aside of two exceptions.
Court: Delaware Chancery Court, Judge: Will, Filed On: June 5, 2023, Case #: 2021-0595-LWW, Categories: Discovery
J. Watson dismisses a former employee of a seafood company’s claims of unpaid wages and injuries sustained on the company’s boat, finding the employee’s contract explicitly states that any lawsuit regarding employment must be be brought in Washington state, regardless of where the employee is hired from. Any possible prejudice against the employee based on delayed payment or out of state travel is made irrelevant by his agreement and subsequent violation of the forum clause of the employment contract.
Court: USDC Hawaii, Judge: Watson, Filed On: June 5, 2023, Case #: 1:23cv4, NOS: Marine - Torts - Personal Injury, Categories: Employment, Maritime, Jurisdiction
J. Prescott finds the trial court properly terminated the father's parental rights and granted permanent custody of his daughter to family services. Although his conviction for sexual assault of the daughter's sibling was overturned on appeal, the cumulative evidence regarding his rehabilitation still weighed heavily in favor of termination. The father failed to address numerous mental health issues, had only sporadic visitation even prior to his incarceration, and attended only a single session of therapy over the course of a 22-month period. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: June 5, 2023, Case #: AC45917, Categories: Evidence, Family Law
J. Sparks finds the lower court properly sentenced defendant in this matter where defendant stabbed three people, killing two of them and permanently injuring another after a confrontation. Defendant was convicted on two specifications of premeditated murder and one specification of attempted premeditated murder and sentenced by the trial court to death. On appeal, the United States Air Force Court of Criminal Appeals upheld his convictions, but found evidence of ineffective assistance of trial counsel for failing to investigate some mitigating evidence. Though it found no prejudice, defendant’s sentence was reevaluated and changed to life without the possibility of parole, a reduction in grade, reprimand and dishonorable discharge. The instant court finds no error in the lower court’s findings. Affirmed.
Court: Court of Appeals for the Armed Forces, Judge: Sparks, Filed On: June 5, 2023, Case #: 22-0090, Categories: Ineffective Assistance, Murder, Sentencing
J. Hart finds that the trial court properly dismissed a fisher's quiet title and declaratory relief claims to the riverbed of the Arkansas River for lack of standing. Both claims would require him to assert his own legally protected interest in the riverbed, but he instead relied on proof that the state owns the riverbed. Affirmed.
Court: Colorado Supreme Court, Judge: Hart, Filed On: June 5, 2023, Case #: 22SC119, Categories: Environment, Property, Water
J. Pellegrini finds that the lower court improperly granted a petition to enforce settlement filed by one restaurant co-owner against another in this dispute over whether an agreement to transfer ownership shares is enforceable between the parties. The buying co-owner’s attorney accepted a
“redlined” version of an agreement sent by the selling co-owner’s attorney and the court made no findings concerning whether the former had authority to enter into the agreement without his client’s final approval. Remanded.
Court: Pennsylvania Superior Court, Judge: Pellegrini, Filed On: June 5, 2023, Case #: J-A11033-23, Categories: Civil Procedure, Property, Contract
J. Dillard finds that the trial court improperly denied the medical practice operator's motion to set aside orders granting the individual attorney fees and granting her motion to compel the operator to fully respond to discovery requests. The trial court also incorrectly denied the operator's motion to set aside a contempt order. The operator was not properly served because sending the motions via regular U.S. mail did not satisfy the requirements of due process. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: June 5, 2023, Case #: A23A0185, Categories: Civil Procedure, Contempt
J. Cott denies the employees' motion for conditional collective action certification in an action against the employer alleging violations of the Fair Labor Standards Act. The employees claim the employer failed to pay required overtime wages and failed to provide accurate wage statements. The employees failed to show that there are other employees who are similarly situated to them.
Court: USDC Southern District of New York, Judge: Cott, Filed On: June 5, 2023, Case #: 1:21cv4775, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Africk denies the property owner’s breach of contract claim against his insurer for failing to pay any of his $300,000 claim for hurricane damage. The mere facts that the property owner has an insurance policy and has not been paid for alleged damages do not constitute factual allegations sufficient to allow for the plausible conclusion the insurer’s actions are “arbitrary, capricious, and unsupported by any evidence and constitute bad faith.” The policyowner is offered one opportunity to amend his complaint to provide more specifics and facts to support his claims.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: June 5, 2023, Case #: 2:23cv1463, NOS: Insurance - Contract, Categories: Evidence, Insurance, Damages
J. Summerhays denies summary judgment to the so-called “White Hat plaintiffs,” environmentalists and other activists protesting a controversial pipeline project on a Louisiana bayou. The court rejects their arguments that a “critical infrastructure” law, amended by oil lobbyists after their protest to provide prison time for trespassing on property marked for pipeline construction, is unconstitutional. The law expressly excludes protected First Amendment expressive conduct from the statute’s prohibitions. To the extent that they seek a declaration that the law is unconstitutional as applied to future anticipated protests of the Bayou Bridge Pipeline, “the White Hat plaintiffs lack a constitutionally protected right to protest on private property.” Violators of the amended trespassing law face up to five years in prison and $1,000 in fines.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: June 5, 2023, Case #: 6:20-cv-00983, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Construction, Environment
J. Coghran reverses a trial court’s order dismissing and compelling arbitration of a daughter’s negligence claims against her late mother’s long-term care facility. The arbitration agreement in this case is unenforceable, and it is not necessary to address the daughter’s remaining claims that the nursing home’s arbitration agreement was unconscionable. Reversed and remanded.
Court: Illinois Appellate Court, Judge: Coghlan, Filed On: June 5, 2023, Case #: 220391, Categories: Arbitration, Wrongful Death, Elder Abuse