177 results for 'filedAt:"2023-06-09"'.
J. Bean finds a lower court improperly dismissed a former employee's age and disability discrimination claims against a school system. The school system argued that she failed to obtain mandatory qualifications to continue to work. However, she may be entitled to an application for reconsideration based on her representative's failure to comply with court orders. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Bean, Filed On: June 9, 2023, Case #: CA-2021-3092, Categories: Ada / Rehabilitation Act, Employment
J. Vos finds a lower court properly dismissed a former chief executive officer's motion to set aside fraud claims brought by his former employer. The former executive argued that the judgment was obtained by deceit. However, his former board members presented sufficient evidence in court that he was removed from office for gross misconduct in the workplace. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Vos, Filed On: June 9, 2023, Case #: CA-2022-1530, Categories: Employment, Fraud
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J. Welbaum finds that because the subject of a civil stalking protection order failed to object to the trial court's decision to grant the petitioner's request for the order, he cannot challenge the ruling in this court and his appeal must be dismissed. Although criminal cases without an objection can be reviewed under a plain error analysis, there is no analogous rule in Ohio's rules of civil procedure. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: June 9, 2023, Case #: 2023-Ohio-1911, Categories: Civil Procedure, Family Law
J. Seeley finds the lower court properly denied the state's motion to dismiss on the grounds of sovereign immunity because the Office of the Claims Commissioner properly granted the estate permission to sue for lack of informed consent after it provided an expert report regarding the state's transfer of the decedent to a Florida facility for treatment. Additionally, the expert report was sufficient to allow the estate's claim to proceed and obviated the need for a hearing, which is not required under Connecticut law in any case. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: June 9, 2023, Case #: AC45088, Categories: Immunity, Experts, Medical Malpractice
J. Africk denies a request for a new trial by a sheriff’s deputy found liable by a jury for violating a motorist’s constitutional right to be free from an unreasonable arrest on grounds the verdict was “inconsistent” with the jury’s conclusion that lawman was not liable for violating the driver’s Fourth Amendment right be free from an unreasonable traffic stop. The court was “not persuaded.” The jury also found the deputy liable for state law claims of battery, false arrest and malicious prosecution, awarding the motorist a total of $122,700 in damages, including $65,000 in punitive damages for violating his right to be free from unreasonable arrest. A second deputy was found not liable of all counts.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: June 9, 2023, Case #: 2:19cv12749, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Damages, Police Misconduct
J. Williams grants, in part, the law firm's motion for summary judgment, ruling that because the condo owner concedes he has never resided at the unit in question and has always rented it out for income, the debt for unpaid homeowner association dues is not a consumer debt and all of the Fair Debt Collection Practices Act claims must be dismissed. Meanwhile, the owner's emotional distress claims under the Connecticut Unfair Trade Practices Act are barred by absolute immunity because the law firm acted only on behalf of its client in the collection of the debt and its collection efforts were brought for a proper purpose.
Court: USDC Connecticut, Judge: Williams, Filed On: June 9, 2023, Case #: 3:21cv184, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Immunity, Emotional Distress
Per curiam, the appellate division finds that the trial court properly convicted defendant of rape and sexual abuse after he forced himself on his sister-in-law because testimony in which the victim's two sisters talked about how defendant had abused them helped explain the victim's conduct after the rape. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: KA 18-01847, Categories: Evidence, Sex Offender
J. Hodges finds that the trial court improperly granted the school's motion to vacate a $142,000 arbitration award in favor of the construction company in a breach of contract action. There was no showing of a manifest abuse of discretion by the arbitrator. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: June 9, 2023, Case #: A23A0087, Categories: Arbitration
[Consolidated.] J. Fridy finds that the lower court improperly terminated the parental rights of the mother and the father to three children. The evidence does not establish the finding "that there was no viable alternative" to termination of their rights. The department was required to show that it investigated the children's relatives to determine their suitability "to care for the children while the parents continued their efforts to rehabilitate themselves." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: June 9, 2023, Case #: CL-2022-1182, Categories: Civil Procedure, Family Law
J. Stacy finds the district court properly found in favor of the property owner’s association as to this dispute over restrictive covenants regarding the parking of an RV outside of an enclosed structure. The owners purchased their lot before the association entered into a declaration of covenants incorporated under Nebraska law. Relying on a case in which a similar decision was reversed, the owners argue that violations by other owners were known, but ignored, resulting in the association’s waiver of its right to enforce. In this case, though evidence existed showing that other owners may have violated covenants, there was none showing that the association knew of the violations and failed to act. Affirmed.
Court: Nebraska Supreme Court, Judge: Stacy, Filed On: June 9, 2023, Case #: S-22-284, Categories: Property, Contract
J. Palk grants the medical device manufacturers' dismissal motion in this product liability lawsuit involving two medical devices that are used to treat diabetes. As to the insulin pump, the patient's strict product liability, negligence, express warranty and implied warranty claims are dismissed on preemption grounds.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: June 9, 2023, Case #: 5:21cv712, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Health Care, Negligence, Product Liability
J. Boulee denies the doctors' motions to dismiss or transfer a fraud and breach of contract action brought by the radiology corporation arising from alleged violations of the terms of share purchase agreements. The corporation claims that the doctors committed Medicare and Medicaid fraud by telling the radiology practice's secretaries to sign medical reports on the doctors' behalf. The corporation's claims are not compulsory counterclaims in litigation which is ongoing in Kentucky state court because the claims in each case are distinct and raise different issues of law and fact. Abstention under the Colorado River doctrine is also not warranted.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: June 9, 2023, Case #: 1:21cv4694, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Willet finds the district court properly entered summary judgment in favor of the city in this suit brought by the father of a teenage boy who was killed by an on-duty police officer shooting at a vehicle in which the boy was a passenger as the driver attempted to get away from shots that were fired by an unknown person. The officer was later convicted for murder, and the father claims the city’s use-of-force policy is unconstitutional. The city’s policy does not affirmatively allow officers to use deadly force absent an immediate threat or to rely on subjective factors when evaluating whether to use deadly force. There is no constitutional violation in the official, written policy. Affirmed.
Court: 5th Circuit, Judge: Willet, Filed On: June 9, 2023, Case #: 22-10269, Categories: Constitution, Wrongful Death, Police Misconduct
J. Boasberg partially grants the press access to records related to the grand jury subpoena of former Vice President Pence related to an investigation into the transfer of power following the 2020 election. Proper redaction will preserve grand jury secrecy, and the requested information, once redacted, will not reveal leads to other witnesses or evidence.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: June 9, 2023, Case #: 1:23mc35, NOS: Other Statutory Actions - Other Suits, Categories: Elections, Government, Public Record
Per curiam, the appellate division finds that the trial court properly dismissed amended claims contending health care professionals failed to properly treat a minor after she suffered cardiac arrest and ultimately suffered a catastrophic brain injury. Experts on both sides argued about whether hypothermic therapy should have been used, but it was impossible for the family to seek treatment from an individual professional upon arriving at the hospital. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: CA 21-01372, Categories: Medical Malpractice
Per curiam, the appellate division finds that the trial court properly ruled against health care providers in claims contending gastrointestinal bleeding had been improperly diagnosed and treated. The estate raised triable of issues of fact since the patient arrived at the emergency room with signs of internal bleeding, and administering medication to stabilize blood pressure without taking additional measures constituted a breach of the standard of care. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: CA 21-01527, Categories: Medical Malpractice
J. Peterson finds for the police officer in a lawsuit from a middle school art teacher who was fired from her job after the officer recommended she be prosecuted for first-degree sexual assault of a child based on a student's allegation that the teacher touched her buttocks inappropriately during class, which the teacher and other students claim was fabricated because she took away the student's cell phone. The teacher's federal due process and malicious prosecution claims fail, as there were no violations of her property or liberty interests because the officer did not have any control over her getting fired from her job and, in part because the prosecution his investigation led to was ultimately dropped, he did not contribute to altering her legal status, even if her reputation was harmed. The teacher's state-law malicious prosecution claim is also dismissed, as she did not file a notice of claim complying with statutes.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 9, 2023, Case #: 3:22cv47, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Due Process
J. Stevens finds that the lower court improperly denied a county children and youth services agency’s request to change the permanency goals of four children from reunification to adoption. The court failed to recognize that changing the goal to adoption is in the children’s best interests since it could give them permanency and stability. Reversed.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: June 9, 2023, Case #: J-A10041-23, Categories: Civil Procedure, Guardianship, Juvenile Law
J. Higginson finds the trial court properly dismissed the auto product distributor’s fraud and contract breach claims against the manufacturer alleging that it implemented rules preventing it from cultivating its own platforms, selling on Amazon and other websites, which the manufacturer originally promised would always be allowed. Facts the distributor has alleged do not allow for inference that the manufacturer had “no intention” of adhering to its promise. No evidence has been brought showing that the agreement contained a written quantity or exclusivity term to survive summary judgment. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: June 9, 2023, Case #: 22-50769, Categories: Fraud, Business Expectancy, Contract
J. Cohen finds that the trial court ruled improperly in this final judgment of divorce related to equitable distribution. The amount calculated for the ex-wife's cash assets incorrectly included money from the sale of the parties' boat. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Cohen, Filed On: June 9, 2023, Case #: 6D23-478, Categories: Civil Procedure, Family Law