170 results for 'filedAt:"2023-06-22"'.
J. Antongiorgi-Jordan grants a property owner judgment as a matter of law in this slip and fall complaint because the couple failed to demonstrate the existence of a dangerous condition or that the property owner failed to warn visitors about the danger.
Court: USDC Puerto Rico, Judge: Antongiorgi-Jordan, Filed On: June 22, 2023, Case #: 3:21cv1078, Categories: Negligence
J. Jenkins denies the Chicago Park District’s motion to dismiss civil rights violations claims brought by four gay soccer fans. The fans attended the 2019 Gold Cup final between the U.S. and Mexico at Chicago’s Soldier Field, where they say they were mocked by Mexico fans chanting “Eh puto!” — “puto” being a Spanish vulgarity sometimes used to refer to gay men and male prostitutes. The fans allege the Chicago Park District and Soldier Field personnel did not enforce their own anti-discrimination policies on the Mexico fans, and the court finds there are still too many factual controversies to make dismissal appropriate. The court also rejects the park district’s argument that it is shielded from liability under the Illinois Tort Immunity Act.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: June 22, 2023, Case #: 1:21cv5581, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Emotional Distress
J. Randolph finds the lower court improperly found that a tenant committed conversion and breached its lease with a building owner when it removed equipment that was affixed to the building. The tenant purchased a commercial business from the building owner but leased the building. The parties agreed to an Asset Purchase Agreement (APA) that stated the tenant purchased the business and all property necessary to conduct the business. When the tenant moved to a new location, it took the equipment, but the building owner said the equipment belonged to it because the equipment was attached to the building and had been excluded from the APA. The lower court agreed. But the instant court finds the equipment is included in the APA, as it is part of all the assets necessary to conduct the business. The tenant is responsible for any damage that may have occurred as a result of removing the equipment, and the matter is remanded to determine the amount of damages to repair the building. Reversed in part.
Court: Mississippi Supreme Court, Judge: Randolph, Filed On: June 22, 2023, Case #: 2021-CA-00778-SCT, Categories: Landlord Tenant, Conversion, Contract
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J. Falk finds a lower court improperly ruled in favor of revenue and customs on a bank's challenge of corporation tax treatments. The revenue and customs authority argued that the bank was not entitled to collect corporate royalty payments after it acquired an oil and gas corporation. However, the bank presented sufficient evidence court that it was entitled to royalty payments because the acquisition between the parties was not a separate "ring fence" oil- related activity.
Court: Her Majesty's Court of Appeal, Judge: Falk, Filed On: June 22, 2023, Case #: CA-2022-812, Categories: Tax, Banking / Lending, Contract
J. Axon denies, in part, a manufacturer's motion for summary judgment seeking to limit damages in a dispute arising after a fire that halted production of cross-car beams used by Mercedes-Benz. Although a partial release limits the manufacturer's potential liability to Mercedes-Benz to $1 million, there is a question of fact whether the car maker's insurer's subrogation rights are subordinate.
Court: USDC Northern District of Alabama , Judge: Axon , Filed On: June 22, 2023, Case #: 7:22cv257, NOS: Other Contract - Contract, Categories: Insurance, Contract
J. Smith finds a lower court properly dismissed product liability claims brought by the wife of a deceased spouse against Home Depot. The wife, now widowed, argued that Home Depot is responsible for her husband's death after he fell from a Telesteps Model 16S ladder and hit his head on a church pew. However, Home Depot presented sufficient evidence in court that the ladder may have not been fully opened and locked at the time of the incident. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 22, 2023, Case #: 22-2437, Categories: Negligence, Product Liability, Wrongful Death
J. Thurston grants, in part, a class action settlement of labor law and credit reporting violation claims against Five Guys. The worker demonstrates class certification is appropriate, and the $1.2 million settlement is fair, reasonable and adequate.
Court: USDC Eastern District of California, Judge: Thurston , Filed On: June 22, 2023, Case #: 1:17cv762, NOS: Consumer Credit - Other Suits, Categories: Consumer Law, Class Action, Labor
J. Frierson finds the lower court properly terminated the parental rights of a mother to her child on grounds of abandonment through failure to support, abandonment through failure to visit, and severe abuse of the child’s sibling, but improperly terminated on grounds that it is in the child’s best interest because the lower court did not apply amended best interest factors. The matter is remanded for further action. Affirmed in part.
Court: Tennessee Court of Appeals, Judge: Frierson, Filed On: June 22, 2023, Case #: M2022-00839-COA-R3-PT, Categories: Family Law
J. Armstrong finds the lower court properly vacated a decision by the Metropolitan Nashville Board of Education (Board) terminating a tenured teacher’s employment. The lower court reversed the decision of the Board on grounds that it had violated the Open Meetings Act by failing to provide adequate public notice of the special meeting it held where the motion to dismiss and terminate the teacher’s employment passed, but the instant court finds the Board committed clear error when it conducted a third hearing on the termination, violating the Tenure Act. The teacher’s termination is vacated, and he is reinstated to his previous position with back pay. Affirmed in part.
Court: Tennessee Court of Appeals, Judge: Armstrong, Filed On: June 22, 2023, Case #: M2022-01079-COA-R3-CV, Categories: Employment, Due Process
J. Hodgens finds the lower court improperly found for a town on three police officers' action regarding the lower rate of pay they received while attending the policy academy. Despite labeling the new-hires as cadets during training, the relevant statute requires the town to pay them the wages they would receive as police officers. Vacated.
Court: Massachusetts Court Of Appeals, Judge: Hodgens, Filed On: June 22, 2023, Case #: 22-P-259 , Categories: Labor
J. Niemeyer finds the lower court properly dismissed the defendant's motion to suppress evidence finding the defendant carrying large amounts of meth from a vehicle search. The officers had reasonable suspicion to stop him after seeing him at a common drug trafficker hangout and knowing his previous history as a convicted drug dealer. Affirmed.
Court: 4th Circuit, Judge: Niemeyer , Filed On: June 22, 2023, Case #: 21-4634, Categories: Drug Offender, Evidence, Search
J. Kamins finds the trial court erred by denying an acquittal motion by defendant, convicted of unlawfully purchasing a firearm. The state concedes the record lacked evidence that defendant knew she could not buy a gun. Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: June 22, 2023, Case #: A176594, Categories: Evidence, Firearms
J. Kamins finds the juvenile court properly changed two children’s permanency plans from reunification to adoption. The evidence “includes psychological reports, expert testimony, and testimony from both children.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: June 22, 2023, Case #: A179775, Categories: Evidence, Family Law
J. King finds the trial court properly convicted defendants for drug trafficking, firearms offenses and racketeering in affiliation with the Sinaloa cartel. All evidence supports conviction, establishing that the cartel’s hierarchy and membership was consistent enough to prove conspiracy. Jury instructions explaining that it is unnecessary to find that the enterprise had a function unrelated to racketeering align with Supreme Court guidance, avoiding to suggest that proof of an enterprise establishes proof of racketeering, and were not erroneous. Affirmed. Life sentences imposed for certain counts were outside the guidelines and are vacated and remanded.
Court: 5th Circuit, Judge: King, Filed On: June 22, 2023, Case #: 22-50164, Categories: Drug Offender, Firearms, Racketeering
J. Pritzker finds that the lower court properly declined to change venue in an action seeking to hold property owners accountable for the safety of two buildings because the owners' arguments that a two-year-old newspaper article would taint the jury pool and that jurors would have to pass the buildings on their way to trial constituted mere speculation. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: June 22, 2023, Case #: 535254, Categories: Negligence, Venue
J. Richardson grants the state defendants' motion to dismiss the transgender plaintiffs' amended complaint, which seeks a declaratory judgment that the enforcement of a certain birth certificate policy violates their constitutional rights. The challenged policy provides that the sex listed on an individual's birth certificate cannot be changed "as a result of sex change surgery," and the transgender plaintiffs plead equal protection, due process and free speech violations as a result. However, they fail to plausibly state their claims.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: June 22, 2023, Case #: 3:19cv328, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Public Record, Due Process
J. Kamins finds the trial court erred in convicting defendant of assaulting a public safety officer. “The evidence indicated that defendant did not use enough force to cause pain where he impacted the officer.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: June 22, 2023, Case #: A176984, Categories: Evidence, Assault
J. Lynch finds that the lower court properly dismissed breach of contract claims concerning purchase orders for ventilators and anesthesia equipment made by the state in the early days of the Covid-19 pandemic. While the orders required immediate payment, a due date had not been given, and a special Covid-19 contract provision gave the state the right to inspect the goods before payment or acceptance. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: June 22, 2023, Case #: 534771, Categories: Covid-19, Contract
J. Griggsby partially denies a casino its motion for summary judgment following sexual harassment and retaliation allegations by a former bar tender. The bartender, a woman, claims a male bartender repeatedly touched her inappropriately and said things like, “I could eat you from front to back” and, “Oh, what I would do to your ass.” While these claims are plausible, her allegation that the casino changed her schedule to force her out of more profitable hours lacks standing.
Court: USDC Maryland, Judge: Griggsby, Filed On: June 22, 2023, Case #: 1:20cv2811, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. O'Hearn allows plaintiff to continue claims contending salespersons falsely advised that solar panels would not cost anything, failed to mention financial agreements, and forged signatures on a 25-year power purchase agreement. Plaintiff specifically alleged the price she was required to pay under the 25-year agreement, and the claims were not duplicative; meanwhile, plaintiff contends the solar panels caused her property value to decrease.
Court: USDC New Jersey, Judge: O'Hearn , Filed On: June 22, 2023, Case #: 1:22cv5307, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law
Per curiam, the appellate court vacates the district court's denial of defendant's motion for expungement due to her failure to pay a $250 processing fee to the Louisiana Bureau of Criminal Identification and Information because this court granted defendant's in forma pauperis status. Vacated.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: June 22, 2023, Case #: 23-KH-204, Categories: Criminal Procedure, Judiciary
J. Blanchard finds partially in favor of the consumer in his dispute with the creditor over collection efforts for a $500 loan with a 399% annual percentage interest rate. The circuit court improperly dismissed the consumer's good faith counterclaim, as at least one set of allegations in the counterclaim regarding violations of notice of right to cure requirements is sufficiently pleaded under the Wisconsin Consumer Act, and the circuit court's order is reversed for those allegations. The circuit court also improperly dismissed the consumer's unconscionability counterclaim under the Act, as the creditor's initial filing of its lawsuit attempting to collect the balance of the loan plus nearly $2,000 in interest and fees triggered the potential for such a claim, and it does not matter that the creditor successfully moved for voluntary dismissal of its claim, though the circuit court's voluntary dismissal decision is upheld. Reversed in part.
Court: Wisconsin Court of Appeals, Judge: Blanchard, Filed On: June 22, 2023, Case #: 2022AP000746, Categories: Consumer Law, Contract
J. Tookey finds BOPPS properly determined on remand that petitioner incorrectly classified as a Level 3 sex offender for a misdemeanor sex offense in another state. The remand “did not provide an opportunity for petitioner to relitigate the entire determination, to raise new arguments, or to raise again challenges to BOPPS’s risk assessment.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: June 22, 2023, Case #: A177063, Categories: Sex Offender