154 results for 'filedAt:"2023-06-23"'.
J. Lewison finds a lower court properly dismissed a historic building advocate's challenge to a local borough council's plans to demolish an old school. The advocate argued that the building was deemed safe and habitable. However, the local borough presented sufficient evidence in court that, even though the structure is safe, the school would benefit from demolition and development rights. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: June 23, 2023, Case #: CA-2022-2401, Categories: Construction, Contract
J. Lindblom finds a lower court properly dismissed a district council's motion for injunction to restrain the government from developing housing for asylum seekers. The local council argued that developing housing on a former airfield would be a breach of planning control. However, the court lacks jurisdiction to hear both parties' arguments. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lindblom, Filed On: June 23, 2023, Case #: CA-2023-867, Categories: Construction, Injunction
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. Frimpon denies in part a loan servicing company's motion to dismiss a homeowner's contract claim regarding a home equity line of credit that the homeowner believed was included in his loan modification. The homeowner was notified 15 years later that the home equity line of credit had matured and he owed over $300,000 on the loan. The homeowner concedes that his initial complaint fails to state a claim upon which relief may be granted and would like to add allegations of misrepresentation by the company that modified his loan. He is granted leave to amend.
Court: USDC Central District of California, Judge: Frimpon, Filed On: June 23, 2023, Case #: 5:22cv1881, NOS: Other Contract - Contract, Categories: Real Estate, Contract
J. Cattani finds a lower court improperly ruled that a public records department creates a new record when it uses encryption to redact non- disclosable information housed in a database electronically. The public records department argued that a journalist's request for unredacted information was burdensome. However, the journalist presented sufficient evidence in court that viewing unredacted data does not necessarily create a new record, and would afford her to analyze trends in the database without sharing applicants names and other private information. Reversed.
Court: Arizona Court Of Appeals Division One, Judge: Cattani, Filed On: June 23, 2023, Case #: 1 CA-CV 21-720, Categories: Health Care, Public Record
J. James partly grants a machinery company's motion to compel discovery concerning contract claims against mining excavator, which may have cancelled the parties' distributor sales and service agreement. The machinery company sufficiently showed in court that it is entitled to review the mining excavator's non- privilege surface drills business line documents and balance sheets, but not financial statements from a parent corporation.
Court: USDC Kansas, Judge: James, Filed On: June 23, 2023, Case #: 2:22cv2331, NOS: Franchise - Contract, Categories: Damages, Discovery, Contract
J. Northcutt finds that the trial court improperly granted a distributor of agricultural product leave to file an amended complaint seeking punitive damages for fraudulent inducement because evidence did not support the request. Reversed.
Court: Florida Courts Of Appeal, Judge: Northcutt, Filed On: June 23, 2023, Case #: 2D22-2653, Categories: Fraud, Damages
J. Garcia finds that the lower court properly granted summary judgment for the appellee entities, in this premises liability lawsuit brought by a bicycle rider who was allegedly injured in a crash due to a premises defect. The rider contends that the crash was caused by "a thick growth of algae" along the path, but she failed to provide evidence that the appellees knew about the alleged defect. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: June 23, 2023, Case #: 05-22-00590-CV, Categories: Evidence, Tort
J. Vaidik finds that the trial court improperly ruled in a landlord-tenant dispute because the tenant should be granted credits for her security deposit and for work done to remedy the condition of the house. Thus, the tenant owes a total of $1,998. Reversed in part.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: June 23, 2023, Case #: 22A-SC-1473, Categories: Landlord Tenant, Damages
J. Zmuda finds the trial court erroneously granted the homebuilder's motion for summary judgment on negligence claims brought by a subcontractor who fell while completing drywall work. Although a construction site is inherently dangerous, the installation of guardrails on the second floor of the home was a critical variable controlled by the homebuilder that exposes it to liability. Although testimony indicates the drywallers were typically in charge of their work environment, there is conflicting evidence the homebuilder maintained control over the entire site, which creates a question of fact that could not be resolved on summary judgment. Reversed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: June 23, 2023, Case #: 2023-Ohio-2090, Categories: Construction, Negligence
J. Oden Johnson finds that the lower court properly convicted defendant of murder but improperly sentenced him to 50 years in prison. The evidence was sufficient to convict defendant, but the court did not ask defendant whether he wished to waive his right to appear in person at his sentencing hearing held via Zoom conference. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: June 23, 2023, Case #: 210754, Categories: Murder, Sentencing
J. Mullins finds the lower court erroneously dismissed the male student's defamation claim against Yale University and the female student who accused him of sexual assault. The proceeding that led to the male student's expulsion was not quasi-judicial in nature and, therefore, the female student was not entitled to absolute immunity. The female student was not under oath at the time of the hearing and could not be punished by the university because she had already graduated, while the male student was not permitted to cross-examine his accuser or even attend the hearing, which deprived him of procedural safeguards and prevented the application of immunity. Reversed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: June 23, 2023, Case #: SC20705, Categories: Education, Immunity, Defamation
J. Soto finds a lower court ruled correctly in convicting defendant of aggravated assault with a deadly weapon after a woman was shot at an apartment complex following an argument. Defendant argued there was not sufficient evidence to convict him, but while “the record contains no direct evidence” that he was the shooter, the “cumulative force of the circumstantial evidence,” including the lack of any other suspects at the scene when the woman was shot, was enough evidence to convict him. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: June 23, 2023, Case #: 08-22-00211-CR, Categories: Evidence, Firearms, Assault
[Consolidated.] J. Spraker reverses the bankruptcy court's confirmation of a debtor's plan. A secured creditor that did not vote for the plan has shown the debtor's "unsupported optimism" does not establish a reasonable likelihood she could make plan payments. Reversed.
Court: 9th Circuit, Judge: Spraker, Filed On: June 23, 2023, Case #: CC-22-1246-SGF, Categories: Bankruptcy
J. Nagala grants, in part, the environmental group's motion to amend its complaint against the oil company, ruling the possibility of a severe storm striking near the refinery, which has less than adequate storm surge protection, presents a chance of "imminent injury" to the environmentalists because it could occur at any time and, therefore, gives them standing to pursue Clean Water Act claims.
Court: USDC Connecticut, Judge: Nagala, Filed On: June 23, 2023, Case #: 3:21cv932, NOS: Environmental Matters - Other Suits, Categories: Environment, Water
J. Smith finds the trial court properly applied a sentencing enhancement for two or more prior state convictions “relating to the sexual exploitation of children” in sentencing defendant to 35 years in prison on a guilty plea conviction also related to sexually exploiting kids. Defendant argues that his previous convictions were for exposing himself, and that the relevant code refers specifically to the production of child pornography. The Fifth Circuit determines that the phrase “relating to” is very broad in reference and best interpreted as meaning any criminal sexual conduct involving children. Affirmed.
Court: 5th Circuit, Judge: Smith, Filed On: June 23, 2023, Case #: 22-10412, Categories: Sentencing, Sex Offender, Child Victims
J. Doughty grants a request by a Virginia resident who co-founded an energy investment consulting company with offices in the Dominion State and Texas, dismissing on jurisdictional grounds claims for breach of contract and unpaid wages by a Louisiana resident. Based on a magistrate judge's report, the ruling finds the Louisiana resident is unable to show that the Virginia-based corporate officer engaged in fraud for his direct and personal benefit, which is required to both pierce the Texas-based company’s corporate veil and to overcome the corporate officer’s assertion of the fiduciary shield doctrine. Therefore, jurisdiction is precluded.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: June 23, 2023, Case #: 6:21cv1910, NOS: Other Contract - Contract, Categories: Fraud, Jurisdiction, Discovery
[Consolidated.] J. St. Eve finds that the lower court improperly found for the medical manufacturer in a products liability suit over defective inferior vena cava filters that perforated the patients' veins. The patients experienced no pain or other symptoms, so their damages were less than $75,000 each, and federal courts lack jurisdiction over this matter. Vacated.
Court: 7th Circuit, Judge: St. Eve, Filed On: June 23, 2023, Case #: 22-1844, Categories: Health Care, Product Liability, Jurisdiction
J. Drozd grants $275,000 in attorney fees to a candy company after it succeeded on its Anti-SLAPP motion in a man’s libel case against it. The original $355,000 in requested fees is reduced due, in part, to a reduction in hours listed and certain hourly rates.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: June 23, 2023, Case #: 2:23cv35, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Anti-slapp, Defamation, Attorney Fees
J. Caldwell finds that defendant was improperly convicted of committing first-degree manslaughter while under an extreme emotional disturbance for accidentally shooting her boyfriend after he repeatedly beat her to unconsciousness, forced her to provide sexual services to drug dealers in exchange for crack, and ordered her to slit the throat of a woman he was raping, well qualifying her for a domestic violence exemption to the violent
offender statute. Reversed.
Court: Kentucky Court Of Appeals, Judge: Caldwell, Filed On: June 23, 2023, Case #: 2021-CA-1349-MR, Categories: Domestic Violence, Manslaughter
Per curiam, the court of criminal appeals dismisses this petition for a writ of mandamus, challenging the denial of defendant's motion to dismiss an indictment "based upon his claim of immunity." The mandamus petition was untimely filed, and an alleged delay by the court reporter "does not constitute good cause."
Court: Alabama Court of Criminal Appeals, Judge: Per curiam, Filed On: June 23, 2023, Case #: CR-2023-0229, Categories: Criminal Procedure
J. Quattlebaum finds the lower court properly denied the defendant's motion to suppress evidence police discovered while searching his van without a warrant. The officers acted reasonably to intake the van containing a high-powered rifle, a pistol, ammunition and explosives in plain view to be left overnight and unattended in a bank parking lot eventually leading to the FBI searching the defendant's cell phone and finding child pornography. Affirmed.
Court: 4th Circuit, Judge: Quattlebaum , Filed On: June 23, 2023, Case #: 21-4687, Categories: Evidence, Firearms, Child Pornography
J. Jordan finds that the district court improperly ruled in favor of the commissioner and analysts in a civil rights action brought by the inmate arising after four emails the inmate tried to send were intercepted and not delivered due to violations of standard operating procedures in their contents. Three of the emails, which were addressed to the inmate's sister, violated a rule against requesting forwarding to third parties. The inmate had a protected liberty interest in the emails because they are a form of correspondence. He was therefore entitled to notice when they were intercepted and withheld. Although a reasonable jury could find that the analysts denied the inmate his due process rights, they are entitled to qualified immunity because there was no governing precedent concerning the due process implications of censoring or intercepting inmates' outgoing emails at the time of their actions. Reversed in part.
Court: 11th Circuit, Judge: Jordan, Filed On: June 23, 2023, Case #: 21-11982, Categories: Civil Rights, Due Process, Prisoners' Rights
J. Soto finds a lower court ruled correctly in denying a motion to compel arbitration in a contract dispute between former business partners. While the parties did have an arbitration agreement, it narrowly applied to the terms of a construction contract between them and does not apply to the dispute here, which specifically concerns whether one party was “time-barred from seeking payment.” Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: June 23, 2023, Case #: 08-22-00232-CV, Categories: Arbitration, Civil Procedure, Contract
J. Hull finds that the trial court properly sustained a homeowners' association's demurrer to a complaint seeking to stop a subdivision from becoming subject to the Davis-Stirling Act, to cancel a recorded declaration of CC&Rs and to enjoin association from adding real property as a common area for which it would impose assessments. The attempt to cancel the instrument was time-barred by a four-year statute of limitations that began to run in 1995, when it was recorded and when allegedly fraudulent signatures could have been discovered. And the business judgment rule protects the association's acquisition of the additional real property. Affirmed.
Court: California Courts Of Appeal, Judge: Hull, Filed On: June 23, 2023, Case #: C095490, Categories: Real Estate
J. Smith finds the district court properly dismissed the inmate’s claims of civil rights violations arising from the officials’ alleged ignoring of his health care complaints which eventually led to his toes exploding and the amputation of his foot. The prisoner’s complaint alleges no instance of medical negligence, aside from his own, that occurred in the jail and that was caused by the health care provider. Affirmed.
Court: 5th Circuit, Judge: Smith, Filed On: June 23, 2023, Case #: 22-40663, Categories: Civil Rights, Health Care, Prisoners' Rights