156 results for 'filedAt:"2023-06-14"'.
J. Frank grants summary judgment to the public entities in the contractors' suit alleging that agreements between those entities and a local labor organization violate the First and Fourteenth Amendments. The last remaining employee challenging the agreements alongside the contractors lacks standing, as do the contractors. A competing labor association also lacks standing. Regardless, their constitutional arguments fail because the Supreme Court's Janus decision applies only to public-sector employees.
Court: USDC Minnesota, Judge: Frank, Filed On: June 14, 2023, Case #: 0:21cv227, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Gildea affirms the tax court's order to the Commissioner of Revenue to recalculate the natural gas pipeline owner's tax liability. The tax court's income-capitalization approach to valuation was not invalidated by its decision to largely disregard the commissioner's expert's opinions nor by its use of the commissioner's initial assessments in making its valuations. It also did not clearly err in finding that external obsolescence affected the pipelines' value. Affirmed.
Court: Minnesota Supreme Court, Judge: Gildea, Filed On: June 14, 2023, Case #: A22-1069, Categories: Tax, Experts
J. Hudson suspends attorney Donald Nemer from the practice of law for a minimum of 90 days with two years of probation for professional misconduct including failing to properly document a cash payment, failing to diligently represent a client and to communicate with the client, knowingly disobeying an instruction from the court, making knowingly false and misleading statements to the court, and failing to clearly communicate the basis or rate of his fee, among other allegations.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: June 14, 2023, Case #: A22-1836, Categories: Attorney Discipline
J. Hudson suspends attorney William Winter for a minimum of 30 days for engaging in explicit sexual conversations with a client, failing to recognize the conflict of interest those conversations created and attempting to engage in sexual relations with the client.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: June 14, 2023, Case #: A21-0831, Categories: Attorney Discipline
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J. Anderson promulgates amendments to the Minnesota Rules of Civil Procedure to allow service on judges, justices and court staff at their offices, to clarify notice requirements in a rule regarding infants and incompetent persons, and correcting a cross reference in a section regarding depositions.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: June 14, 2023, Case #: ADM04-8001, Categories: Civil Procedure
J. Conrad denies an office manager summary judgment in counterclaims seeking damages for breach of an employment agreement and violations of the wage and hour act in claims contending the employer failed to give the manager her final payment because genuine issues remain in dispute as to whether the employer believed it acted in good faith concerning the final paycheck.
Court: North Carolina Business Court, Judge: Conrad, Filed On: June 14, 2023, Case #: 2023NCBC42, Categories: Employment, Contract
J. Thomas finds that the trial court properly ruled in claims challenging whether the agency's "fair-hearing final orders" for Medicaid constitute public records that should be published because confidential medical information contained in the materials require redaction. Affirmed.
Court: Florida Courts Of Appeal, Judge: Thomas, Filed On: June 14, 2023, Case #: 1D22-718, Categories: Medicaid, Public Record
J. Bunn reverses the lower court's Nov. 19, 2021, order granting the joint motion of the mineral wool manufacturing company, one if its employees and three former members of the Jefferson County Development Authority to settle a Jefferson County activist's defamation suit, finding the judge erred by not holding an evidentiary hearing on the motion, but instead accepting the emails exchanged between the parties as proof of a binding agreement. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: June 14, 2023, Case #: 21-1015, Categories: Environment, Government, Settlements
J. Pagan finds the juvenile court properly determined that DHS has made active efforts to help reunify two Indian children with their mother before the court the children’s permanency plans to tribal customary adoption. “Given the numerous services offered to mother, there is ample support for the juvenile court’s determination.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: June 14, 2023, Case #: A179411, Categories: Family Law
J. Talwani denies, in part, a business and individual's motions to dismiss a real estate company's claims related to the failed purchase and sale of two properties. The company has sufficiently pleaded its claims for breach of contract and civil conspiracy, among others, against the business, and its claims for breach of warranty, civil conspiracy, conversion and intentional interference with contractual relations against the individual.
Court: USDC Massachusetts, Judge: Talwani, Filed On: June 14, 2023, Case #: 1:22cv11544, NOS: Other Contract - Contract, Categories: Real Estate, Conversion, Contract
J. Wallace finds that the district court improperly entered a sentence after defendant pleaded guilty to unlawful possession of a firearm. The lower court imposed a heightened base offense level based on the weapon's capacity of more than 15 rounds. Defendant contended that the district court committed error in finding that his magazine could accept more than 15 rounds of ammunition. Defendant was on probation and was subject to a search of a cellphone which contained pictures of defendant with the firearm in question. Police recovered neither the firearm nor the magazine. The enhancement had an extremely disproportionate impact on the sentence and the government did not physically produce or inspect the firearm. Reversed.
Court: 9th Circuit, Judge: Wallace, Filed On: June 14, 2023, Case #: 22-50064, Categories: Evidence, Firearms
J. Chun partially grants default judgment to the labor-management employee-benefit trust funds for their claim that the corporation owes them $100,100 for unreported and unpaid contributions for the audit period between January 2020 and December 2021. The corporation never obtained substitute counsel to defend itself after its counsel withdrew and the trust funds calculated their damages for this period based on the auditor's declaration and the audit report, so they are entitled to damages.
Court: USDC Western District of Washington, Judge: Chun, Filed On: June 14, 2023, Case #: 2:21cv1040, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Evidence, Damages
J. Christel dismisses with prejudice the insured's extracontractual IFCA, CPA and bad faith claims alleging that the insurance company unreasonably refused to compensate the insured for damages he sustained in a motor vehicle accident. The insurance company conducted an investigation of the insured's claim and had a factual basis for its evaluation, which is that the insured did not provide the insurance company with evidence, such as his doctor's April 2020 opinion regarding his back injury, until after he sent a demand letter for litigation.
Court: USDC Western District of Washington, Judge: Christel, Filed On: June 14, 2023, Case #: 2:21cv1524, NOS: Insurance - Contract, Categories: Evidence, Insurance, Contract
Per curiam, the appellate division finds that the lower court improperly found for the property owner in a slip and fall action stemming from a man's fall on black ice in the property owner's parking lot. The property owner failed to establish that it did not have constructive notice of the alleged ice condition. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 14, 2023, Case #: 03223, Categories: Tort
Per curiam, the appellate division finds that the trial court properly dismissed claims seeking to invalidate a Democratic candidate for highway superintendent. After the court struck one signature, plaintiff failed to demonstrate the petition was permeated with fraud. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 14, 2023, Case #: CAE 23-00904, Categories: Elections, Fraud
J. Worthen finds the trial court properly convicted defendant for possession of a controlled substance. Defendant was arrested at his residence on an outstanding warrant and his girlfriend told the arresting officer that he was also in possession of meth. Further investigation produced a bag containing more than one gram of meth in the bedroom where defendant was found. Other witnesses at the residence testified that they had previously seen defendant with the bag. All evidence supports conviction. Counsel’s objections to evidence of defendant's gang membership were insufficient to preserve the argument for review, not mentioning the specific rule. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: June 14, 2023, Case #: 12-22-00229-CR, Categories: Drug Offender, Evidence, Gangs