173 results for 'filedAt:"2023-06-08"'.
J. Chutkan finds for the capitol police on a former officer's disability, age and race discrimination action. The officer failed to show she was disabled, or that the department's legitimate reason for firing her was pretextual.
Court: USDC District of Columbia, Judge: Chutkan, Filed On: June 8, 2023, Case #: 1:16cv1209, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Rambin finds that the trial court properly terminated the mother's parental rights to her child based on sufficient evidence to support the statutory ground for endangering conduct and the best interest finding. The mother tested positive for illegal drugs at the child's birth, failed to submit to random drug tests, did not complete the required counseling, lacked stable housing and did not have an adequate income to support the child. Affirmed.
Court: Texas Courts of Appeals, Judge: Rambin, Filed On: June 8, 2023, Case #: 06-22-00091-CV, Categories: Evidence, Family Law
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J. Kelly finds the lower court improperly granted a city’s plea to the jurisdiction in this matter of negligence. A worker was struck and injured by a golf ball while she worked at a restaurant located on a golf course owned by the city. The worker sued the city for negligence. The lower court granted the city’s plea to the jurisdiction on grounds that it had governmental immunity, but the instant court finds the city did not conclusively prove their claims were barred by sovereign immunity, and the worker is entitled to replead. The matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: June 8, 2023, Case #: 01-22-00452-CV, Categories: Government, Immunity, Negligence
J. Hutchison affirms the lower court’s order denying a Raleigh County couple’s motion to intervene in an abuse and neglect proceeding to adopt their niece, who was removed from her mother’s care after the mom tested positive for heroin. The judge committed no error in determining though the blood kin are suitable parents, the child’s best interests are served by her permanent placement with “fictive kin” — an adult 21 or older who is not a relative, but “who has an established, substantial relationship with the child.” Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: June 8, 2023, Case #: 22-0365, Categories: Family Law, Government, Juvenile Law
J. Byrne finds the trial court properly ruled against a father by appointing his former wife as the managing conservator of their children. Based on evidence that the father engaged in abusive behavior against the mother, it can be concluded that limitations are in the best interests of the children. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: June 8, 2023, Case #: 03-22-00329-CV, Categories: Family Law
J. Neeley finds the trial court properly convicted defendant for possession of a controlled substance, applying enhancements for his previous convictions for murder, forgery and robbery, and sentencing him to life in prison. Though defendant says that the omission of the jury’s finding of “true” as to one of the enhancements on the judgment of conviction voids the sentence, the omission is unrelated to the court’s reasoning, and the record provides the necessary proof of the jury’s findings. The judgment of conviction is corrected. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: June 8, 2023, Case #: 12-22-00269-CR, Categories: Drug Offender, Sentencing
J. Drain grants an employee an extension to file an expert witness list after she claimed an employment agency rejected her applications for certain advertised positions based on sex, race, and age. The motion went unopposed since the agency did not file a response.
Court: USDC Eastern District of Michigan, Judge: Drain, Filed On: June 8, 2023, Case #: 2:22cv12532, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Experts, Employment Discrimination
J. Keough finds the lower court properly granted the heating and air conditioning company's motion for summary judgment in a contract case regarding an allegedly faulty HVAC system in a landlord's commercial building. Unopposed evidence in the record indicates it fulfilled its contractual duties when it installed the HVAC system at the property and subsequent breakdowns were entirely the fault of the property owner and tenant, both of whom failed to maintain the system as required by the parties' agreement. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: June 8, 2023, Case #: 2023-Ohio-1886, Categories: Warranty, Contract
J. Wesley finds that the district court properly convicted defendant based on his conditional guilty plea to possessing drugs with intent to distribute. Defendant contends a hearing should have been held on the validity of the warrant to search his residence since the warrant relied on a police affidavit containing knowingly false statements, but he offered little proof that police deliberately disregarded the truth. Affirmed.
Court: 2nd Circuit, Judge: Wesley, Filed On: June 8, 2023, Case #: 21-708-cr, Categories: Drug Offender, Search
J. Armstead reverses the lower court’s order granting the two public school teachers’ preliminary injunction keeping the governor from authorizing the West Virginia Professional Charter School Board from creating any public charter schools without a majority vote of the citizens in the county or counties where the school would be located. The court finds the teachers lack standing to seek the injunction since the governor does not have the ability to authorize charter schools. Reversed and remanded.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead , Filed On: June 8, 2023, Case #: 22-0070, Categories: Education, Government, Injunction
J. Reynolds Fitzgerald finds that the lower court properly found for an insurance company in claims contending it lost clients when two agents left to start their own firm because the employment contracts contained nonsolicitation clauses, and the employer had a valid interest in protecting business that had been developed over the years. The court properly held that questions of fact remained as to whether liquidated damages constituted a legitimate estimate of lost business or represented an unenforceable penalty. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: June 8, 2023, Case #: 534011, Categories: Employment, Trade Secrets, Contract
J. Bradford finds that the trial court improperly ruled in claims brought after the pharmacy board revoked plaintiff's expired license. Any violation of plaintiff's rights occurred before he prevailed on judicial review, and thus plaintiff had been granted relief. The original ruling remains unaffected since judgment had already been entered for the board.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: June 8, 2023, Case #: 22A-PL-1811, Categories: Civil Procedure, Licensing
[Modified.] J. Banke modifies an opinion and denies a rehearing with no change in judgment. A human services agency did not present sufficient evidence that a father had lied about his sobriety for the trial court to find that he posed a risk of serious physical risk to his child. The trial court's removal order was error, as no evidence showed that other reasonable means besides removal from the non-custodial father were available to protect the child from the mother's addictions. Reversed.
Court: California Courts Of Appeal, Judge: Banke, Filed On: June 8, 2023, Case #: A166150, Categories: Family Law
J. Lorello finds that the district court properly held that the magistrate court erred in dismissing a citation for harboring an "at-risk dog." The dog's owner is liable for possessing a dangerous dog even without a prior court order. The only requirement for liability is to own, possess or harbor a dangerous or at-risk dog, and there is no dispute that defendant knew her dog met the requirement since she had had several contacts with police based on accusations that her dog had attacked a woman and another dog. Affirmed.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: June 8, 2023, Case #: 49878, Categories: Negligence
J. Bade finds that the district court properly dismissed a claim for lack of jurisdiction in which two defendants filed habeas corpus petitions claiming that their incarceration during the Covid-19 pandemic violated the Eighth Amendment and sought release from custody. The petitions were not proper petitions for habeas relief and the court was not required to convert those habeas petitions into civil rights actions. Affirmed.
Court: 9th Circuit, Judge: Bade, Filed On: June 8, 2023, Case #: 21-55175, Categories: Constitution, Habeas, Civil Rights
J. Hudson finds the circuit court properly denied the inmate’s petition for a writ of habeas corpus to reverse his 125-year prison sentence for possession of crack with intent to deliver. Defendant was charged as a habitual offender, putting the sentence within the authorized range. Defendant’s due process and trial error arguments do not implicate the validity of the judgment or the court’s jurisdiction. The circuit court did not clearly err in rejecting the petition. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson, Filed On: June 8, 2023, Case #: CV-22-662, Categories: Drug Offender, Habeas, Sentencing
J. Pearce finds that a mother's appeal of a parental rights termination was timely. Under statute, any party that files a timely appeal starts a new five-day period for any other party, so the father's timely appeal of the termination of his rights extended the 15-day deadline by five days. Reversed.
Court: Utah Supreme Court, Judge: Pearce, Filed On: June 8, 2023, Case #: 20220580, Categories: Civil Procedure, Family Law
J. Stewart finds the court of appeals erroneously overturned the trial court's award of damages to the property owner after the Department of Transportation failed to deliver the title of a parcel of real estate within the required time frame. While the term "damages" was not expressly defined in the parties' settlement agreement following eminent domain proceedings, the settlement was valid and enforceable because the amount of damages had no bearing on either party's performance under the agreement. Reversed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: June 8, 2023, Case #: 2023-Ohio-1866, Categories: Real Estate, Settlements, Damages
J. Clark finds that plaintiff's driver's license and commercial driving privileges were properly revoked when he refused a blood alcohol test after being arrested for driving while intoxicated because the arresting state trooper clearly warned plaintiff that failing to submit to the test would lead to revocation. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: June 8, 2023, Case #: 535029, Categories: Evidence, Dui
J. Corrigan finds that the trial court properly sentenced defendant to death on murder, rape, torture, kidnap and firearm convictions. Though his original death judgment was reversed because a juror had been improperly discharged during the penalty phase, a retrial again ended with a death judgment. As with instructional, evidentiary or prosecutorial misconduct errors, an error in discharging a juror does not bar retrial on double jeopardy grounds. Also, he failed to support his due process, ineffective assistance, death penalty statute and other challenges. Affirmed.
Court: California Supreme Court, Judge: Corrigan, Filed On: June 8, 2023, Case #: S189373, Categories: Death Penalty, Murder, Double Jeopardy
J. Zahn finds that the trial court erred in modifying a child custody order instead of addressing the primary ground that a mother sought modification, which was the father's failure to install code-compliant windows in his home. Vacated.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: June 8, 2023, Case #: 50107, Categories: Family Law
J. Conway finds that the district court properly ruled in favor of the police officers in an action alleging that the city violated the Uniformed Services Employment and Reemployment Rights Act by failing to provide officers summoned to National Guard or Army Reserve service with the same holiday pay and accrued benefits it gave employees on paid administrative leave. The officers all exhausted their annual paid military leave and were converted by the city to unpaid status. The language in the statute does not unambiguously limit the meaning of the words "status" and "pay" to the period of leave. Military leave is comparable to paid administrative leave. Affirmed.
Court: 11th Circuit, Judge: Conway, Filed On: June 8, 2023, Case #: 22-11621, Categories: Employment, Labor
J. Kafker finds the trial court improperly dismissed a car manufacturer from a products liability case arising from traumatic brain injuries a passenger received in a car collision. Personal jurisdiction exists in Massachusetts under the commonwealth's long-arm statute and the due process clause. Vacated.
Court: Massachusetts Supreme Court, Judge: Kafker, Filed On: June 8, 2023, Case #: SJC-13354 , Categories: Product Liability, Jurisdiction