201 results for 'filedAt:"2023-06-15"'.
J. Brnovich grants the director of the Arizona Department of Transportation's motion to dismiss a civilian's claims that he lost job opportunities after it imposed a restitution lien on his vehicle. The department of transportation sufficiently showed in court that the civilian failed to serve the director in person.
Court: USDC Arizona, Judge: Brnovich, Filed On: June 15, 2023, Case #: 2:23cv303, NOS: Other Civil Rights - Civil Rights, Categories: Government, Vehicle
[Consolidated.] J. Gustafson finds for the commissioner of internal revenue in this tax liability dispute because plaintiff failed to satisfy appraisal requirements to support a conservation easement charitable deduction.
Court: U.S. Tax Court, Judge: Gustafson, Filed On: June 15, 2023, Case #: 2023-73, Categories: Tax
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. Pena finds that the lower court properly entered judgment in favor of the co-trustees awarding more than $29 million in "profit disgorgement" in this lawsuit asserting claims for breach of trust and unjust enrichment. The evidence sufficiently shows that one of the co-trustees, the father, "intended to create an express trust and that he transferred the trust property" as trustee. Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: June 15, 2023, Case #: 13-22-00029-CV, Categories: Evidence, Trusts, Damages
J. Duffin partially finds in favor of the foodstuffs packaging company in a lawsuit it brought against the cookie dough company over nonpayment for packaging products it provided. The packaging company's motion for judgment as a matter of law is granted in that the individual guarantors are found to have breached a personal guaranty to pay for product they received and are liable to pay $132,000 for goods delivered between March and May of 2019, and the packaging company is also granted judgment as a matter of law as to the guarantors' misrepresentation claims under Wisconsin law.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: June 15, 2023, Case #: 2:20cv499, NOS: Other Contract - Contract, Categories: Tort, Contract
J. Bunn reverses the lower court's April 9, 2021, order affirming the West Virginia Division of Motor Vehicle's Office of Administrative Hearing's order revoking the Charleston man's driver's license for driving under the influence of a controlled substance. In addition to a negative blood test, the court finds OAH could not establish by a preponderance of the evidence the man was under the influence of any drugs when a Charleston police officer in the early morning of April 13, 2019, detained the man after observing him exiting his car that was parked diagonally across several spaces and while it was running, and then enter a convenience store and leave without making a purchase. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: June 15, 2023, Case #: 21-0371, Categories: Government, Transportation, Vehicle
J. Gallagher finds the trial court properly denied defendant's motion for a jury instruction on self-defense during his murder trial, as he was entirely at fault for creating the situation that led to the shooting. Defendant incessantly called and texted his ex-girlfriend for hours before showing up to her house with a loaded gun, then repeatedly told her and the victim to come outside, and shot the victim in the back as he ran away. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: June 15, 2023, Case #: 2023-Ohio-1970, Categories: Murder, Self Defense, Jury Instructions
J. Golemon finds the trial court properly terminated both parents’ rights to their minor child. The family agency filed a petition for conservatorship due the mother’s neglectful supervision and assault conviction, also alleging that she was using pills, cocaine, or meth. The father’s supervision was also found to be neglectful, stemming from mental health issues including threats of suicide and intoxication. All evidence supports the best interest finding. As for the parent’s challenge of the department’s appointment as conservator, the evidence shows that the parents’ appointment “is not in the child’s best interest because [it] would significantly impair the child’s physical health or emotional development.” Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: June 15, 2023, Case #: 09-23-00002-CV, Categories: Family Law, Guardianship
J. Dries finds largely against an individual suing his friend, the friend's girlfriend and the company that owns the rural farm property they rent where, on July 4, 2020, the individual was hit in the face with commercial-grade fireworks they were lighting off, sustaining injuries which ultimately cost him his right eye. The girlfriend and the company are granted summary judgment on the individual's strict liability and negligence claims, as his own negligence and willing participation in what is not an "abnormally dangerous activity" as defined in Wisconsin law outweighs any liability they may have. The only claim to move forward is a negligence claim against the friend, who purchased the fireworks and lit the one that hit the individual in the face.
Court: USDC Eastern District of Wisconsin, Judge: Dries, Filed On: June 15, 2023, Case #: 2:21cv1182, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence
J. Hudson finds the county court improperly granted a temporary restraining order in this challenge to the validity of an emergency clause in the “LEARNS” Act as invalid and ineffective for failing to state facts sufficient to establish an emergency pursuant to the Arkansas Constitution, and its attempts to declare an emergency as to only some provisions rather than the Act as a whole. Fund expenditure claims under the transformation contract are monetary and not considered irreparable. Alleged harm from the nonrenewal of employment contracts and other related adverse effects can also be compensated by money damages or redressed in court. Reversed and remanded. Temporary restraining order vacated.
Court: Arkansas Supreme Court, Judge: Hudson, Filed On: June 15, 2023, Case #: CV-23-358, Categories: Constitution, Education, Contract
Per curiam, the appellate division finds that attorney Elliott Aaron Smith may be reinstated following his September 2022 suspension for failing to meet attorney registration requirements because Smith complied with the suspension order and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 15, 2023, Case #: PM-128-23, Categories: Attorney Discipline
J. Richardson finds the lower court improperly denied the Black employees' conversion claims. It is still disputed whether the supervisor, accused of racial discrimination after using terms like "thugs" to describe the Black employees, ordered white employees to throw the things from the Black employees' desks away after they quit their jobs. Reversed.
Court: 4th Circuit, Judge: Richardson , Filed On: June 15, 2023, Case #: 21-1855, Categories: Conversion, Employment Discrimination, Employment Retaliation
J. Singas finds that the appellate division properly held that ex post facto violations had not occurred when parole for defendant, a sex offender, had been held up by amendments barring release until he could find housing away from school grounds. The restriction resulted in additional time behind bars, but that occurrence was not so pervasive as to make the amendments unconstitutional.
Court: New York Court Of Appeals, Judge: Singas, Filed On: June 15, 2023, Case #: 47, Categories: Ex Post Facto, Sex Offender
J. Gravois finds that the trial court should not have denied a mother's objection to the Domestic Commissioner’s ruling that she is prohibited from litigating the history of family violence in this custody proceeding under the "law of the case" doctrine. In this case, the "law of the case" doctrine does not apply to the wife's Domestic Abuse Assistance Act petition under statute. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: June 15, 2023, Case #: 23-C-243, Categories: Civil Procedure, Family Law
J. Contreras finds in this accelerated permissive appeal that the lower court properly denied the appellant's motion for summary judgment. The appellant, a nonprofit health corporation, argues that it cannot be vicariously liable for the alleged negligence of a physician. However, the court concludes that the physician was an employee of the appellant "for purposes of vicarious liability," and he was acting within the course of his employment at the time of the alleged acts. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: June 15, 2023, Case #: 13-22-00374-CV, Categories: Civil Procedure, Health Care, Medical Malpractice
J. Mortensen finds that the trial court improperly admitted a witness's preliminary hearing testimony at defendant's child abuse trial. Defendant's motive in questioning the witness shifted from showing at the preliminary hearing that the witness was the likely source of the child's injuries to showing at trial that there was reasonable doubt that defendant caused the injuries, and the admission of the preliminary hearing testimony prejudiced defendant. Vacated.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: June 15, 2023, Case #: 20210718-CA, Categories: Domestic Violence, Witnesses, Child Victims
J. Rodriguez finds that the trial court properly reopened a preliminary hearing so the state could introduce evidence of defendant's gang membership, which was necessary under amendments to the gang enhancement elements. The trial court had the authority to reopen the hearing in the unfinished case in order to hear evidence that was not previously required. Affirmed.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: June 15, 2023, Case #: A166375, Categories: Assault, Gangs
J. Thrash denies the credit union's motion to enforce a settlement agreement in a breach of contract class action arising from claims that the credit union improperly assesses overdraft fees. The credit union sought to block a class member from prosecuting a separate breach of contract action for improper overdraft fees in state court. The class member's claim could not have arisen out of or been sufficiently related to the facts in the instant case because he alleged that his claim accrued more than three years after the latest possible claim accrual date stated in the settlement agreement. The class member also alleges that the improper overdraft from his account occurred by a different method than in the instant case.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: June 15, 2023, Case #: 1:15cv4279, NOS: Other Contract - Contract, Categories: Enforcement Of Judgments, Class Action
J. Pritzker finds that the lower court should have ruled in part for property owners whose land contains a right-of-way used by an adjacent, landlocked parcel. The owners provided sufficient evidence that the easement solely concerned ingress and egress, but the evidence did not speak to the width of the easement, which remains a question of fact. Reversed in part.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: June 15, 2023, Case #: 535357, Categories: Property
J. Sweet grants the USACE's motion for summary judgment in this appeal arising from damages and delays caused by the contractor's dredger striking a submerged natural gas pipeline in the Gulf Intracoastal Waterway, causing an explosion and allegedly delaying completion. The USACE imposed liquidated damages and the contractor submitted a claim seeking a time extension and remission of the damages due to the purported excusable delays of defective specifications, differing site conditions and a breach of the duty of good faith and fair dealing. There is no genuine issue of material fact suggesting that the USACE knew that the pipeline was inadequately buried at the time of the solicitation and contract award.
Court: Armed Services Board Of Contract Appeals, Judge: Sweet , Filed On: June 15, 2023, Case #: 62779, Categories: Government, Military, Contract