124 results for 'filedAt:"2023-06-26"'.
J. Bustamante finds that the lower court improperly ruled that Liberty Mutual Insurance did not owe “any legally cognizable duty” to a policyholder and her mother after the mother was hit by a car when one of the company’s roadside assistance operators demanded she walk outside of her daughter’s stranded vehicle to get the license plate number. There is a “general concept of tort liability for physical harm caused by service providers even though the relationship between the parties emerges from a contractual arrangement.” Reversed.
Court: New Mexico Court of Appeals, Judge: Bustamante, Filed On: June 26, 2023, Case #: A-1-CA-39757, Categories: Insurance
J. Samour finds that the district court should not have suppressed the results of a blood test that showed defendant was under the influence of THC when he crashed into a driver who was fixing a flat tire and severed his legs. The investigation into the collision was still underway and had not transformed into an arrest when he consented to a blood draw, so the blood sample should not be suppressed because it was not obtained during an arrest that was unsupported by probable cause. Reversed.
Court: Colorado Supreme Court, Judge: Samour, Filed On: June 26, 2023, Case #: 23SA69, Categories: Search, Dui
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J. Griffin finds the district court erroneously ruled a prison was entitled to deny recognition to the Christian Identity religion out of concern over its racist ideologies. The prison failed to conduct a meaningful analysis regarding whether non-recognition was the least restrictive means to ensure the security of its facility. Mere recognition of the religion does not require the prison to allow unfettered worship by the group, and testimony from the inmates indicates they are nonviolent and do not tolerate participants who became aggressive or violent at their services. Reversed.
Court: 6th Circuit, Judge: Griffin, Filed On: June 26, 2023, Case #: 21-1694, Categories: Civil Rights, First Amendment, Prisoners' Rights
J. Bryan partially denies the government's motion to dismiss the daughter's claim that the government sent her father to serve on the USS Sacramento between 1971 and 1972, where he was exposed to asbestos and later exposed his wife, who died of pleural mesothelioma on June 6, 2020. The daughter argues the plausibility of her case as the government did not provide her father with equipment to protect him from asbestos exposure, which would have in turn protected her mother.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: June 26, 2023, Case #: 3:22cv5701, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Government, Product Liability, Asbestos
J. Gwin finds that while the trial court may have been "unwise" to make comments about his blanket policy not to send those convicted of misdemeanor drug possession charges to jail, his sentence of one-year unsupervised probation was not unreasonable. All of the required factors were properly considered before it was imposed. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: June 26, 2023, Case #: 2023-Ohio-2104, Categories: Drug Offender, Judiciary, Sentencing
J. Jenkins finds that the trial court's May 23, 2022 judgment is a final judgment for purposes of appeal under statute. Therefore, the matter is remanded to the trial court for treatment of the relator’s notice of intent as a motion for appeal.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: June 26, 2023, Case #: 2022-C-0522, Categories: Civil Procedure
J. Chambers grants the modular home manufacturing company’s request in its complaint to compel arbitration in the Putnam County couple’s claim of defects in the construction of their home, finding any decision on whether the parties satisfied the mediation prerequisite in the sales agreement is one for the arbitrator to decide. Since he was neither a signatory nor an indispensable party to the contract, the court grants the husband’s motion to dismiss himself from the suit.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: June 26, 2023, Case #: 3:22cv504, NOS: Arbitration - Other Suits, Categories: Arbitration, Housing, Business Practices
J. Gould finds that the district court properly entered summary judgment in favor of a county after a company alleged an equal protection claim related to the county’s Covid-19 enforcement actions. The company alleged that it was receiving differential treatment. The treatment was not differential, rather the court simply had no other known violators. Affirmed.
Court: 9th Circuit, Judge: Gould, Filed On: June 26, 2023, Case #: 21-17105, Categories: Covid-19
J. Nelson finds that the district court improperly denied a Department of the Interior motion to dismiss an action alleging due process violations brought by a former Bureau of Land Management Law (BLM) Enforcement Ranger in Idaho. The ranger challenged adverse employment actions taken against him by the Department of the Interior and BLM officials. He sued defendants alleging a violation of his Fifth Amendment right to due process. The ranger had no claim for money damages and his claims arose in a different context than what the Court has recognized. Reversed.
Court: 9th Circuit, Judge: Nelson, Filed On: June 26, 2023, Case #: 22-35036, Categories: Constitution, Employment
J. McNulty rules in part for the utilities company in claims contending the previous property owner contaminated the land due to an oil sump underneath the site. Continuity of shareholder interest had not occurred since the previous owner paid for the acquisition of another company that managed the site in cash and thus assumed all liabilities from the land.
Court: USDC New Jersey, Judge: McNulty , Filed On: June 26, 2023, Case #: 2:21cv13644, NOS: Torts to Land - Real Property, Categories: Environment, Property
J. Brown finds that the trial court improperly entered an order modifying custody and child support. The order failed to identify the specific material change in circumstances warranting the change in custody or find that a material change in condition had affected the child's welfare. Vacated.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: June 26, 2023, Case #: A23A0339, Categories: Family Law
J. Sessions denies the company's motion to dismiss the nuisance case, where the school district alleges the company's polychlorinated biphenyls, or PCBs, are contaminating school buildings. The company is not entitled to dismissal based on the statute of limitations, and the school district sufficiently stated its nuisance and trespass claims.
Court: USDC Vermont, Judge: Sessions, Filed On: June 26, 2023, Case #: 2:22cv215, NOS: Torts to Land - Real Property, Categories: Civil Procedure, Environment, Tort
J. Kirsch finds that the lower court found for the defendant deputies in an employment retaliation suit alleging the plaintiff deputy was retaliated against after announcing his candidacy for Sheriff. After his announcement, officials discovered he had failed to disclose on his application to become a deputy that he had been charged with criminal sexual assault 8 years prior. The First Amendment does not protect a candidate from public office from criticism, even in the form of condemnation. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: June 26, 2023, Case #: 21-3394, Categories: Employment Retaliation, First Amendment
J. Zimmerman finds that defendant's fair trial claims regarding the victim police officer attending trial next to the prosecutor cannot be considered by this court. He failed to raise any plain-error constitutional arguments in his appeal, and so that portion of his appeal will be dismissed. Meanwhile, testimony from the other officers at the scene of the crime was sufficient to convict defendant of obstruction, considering they testified defendant held his cell phone immediately in front of the victim's face and prevented him from observing the arrest of another individual at the bar. Affirmed.
Court: Ohio Court Of Appeals, Judge: Zimmerman, Filed On: June 26, 2023, Case #: 2023-Ohio-2100, Categories: Evidence, Fair Trial, Assault
J. Dyk finds that the trademark trial and appeal board improperly ruled in this trademark dispute because evidence indicated the "FL FLEX" mark would cause customer confusion concerning the "FLEX" mark.
Court: Federal Circuit, Judge: Dyk, Filed On: June 26, 2023, Case #: 2022-1578, Categories: Trademark
J. Scudder finds that the lower court improperly found for the prison officials on a Muslim inmate's claims that they prohibited him from engaging in prayer, while allowing Christian inmates those privileges. The officials offered only rote assertions of security concerns for denying the Muslim inmate's request to pray outside his cell, and the parties' facts are still in such dispute it is impossible to make a ruling on this record. Reversed.
Court: 7th Circuit, Judge: Scudder, Filed On: June 26, 2023, Case #: 22-1876, Categories: First Amendment, Prisoners' Rights
J. Miller finds that despite defendant's claim of self-defense, his domestic violence conviction is supported by sufficient evidence. The victim's testimony about the assault, including being grabbed by the arm and struck with a broom handle, satisfied the elements of the crime, while it was up to the jury to determine the credibility of all witnesses. Meanwhile, defendant's ineffective assistance claim fails because the alleged evidence on SD cards from his home security camera are not in the record and may not exist at all, and an attorney's performance cannot be considered deficient for a failure to introduce evidence that does not exist. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: June 26, 2023, Case #: 2023-Ohio-2101, Categories: Ineffective Assistance, Domestic Violence, Self Defense