139 results for 'filedAt:"2023-07-21"'.
J. Breyer denies the county's motion to dismiss the arrestee's claims against several county employees related to the conditions of his detention in two county holding facilities, but denies the arrestee's motions for sanctions and entry of final judgment. The arrestee has adequately connected the employees to his allegations, and while the county's present refusal to help effectuate service on its employees is understandably irritating to the arrestee, it is not sanctionable.
Court: USDC Northern District of California, Judge: Breyer, Filed On: July 21, 2023, Case #: 3:22cv750, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions
J. Freeman denies the prisoners' motion to consider whether to seal neutral monitor reports in their suit alleging failures to provide adequate health care, accommodations for disabilities and protection from violence at the Monterey County Jail. The monitor reports and documents referring to them will be filed publicly with only limited redactions. Joint motions to file portions of the prisoners' enforcement motion and supporting evidence under seal are granted.
Court: USDC Northern District of California, Judge: Freeman, Filed On: July 21, 2023, Case #: 5:13cv2354, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Prisoners' Rights
J. Restani grants summary judgment to the United States Customs and Border Protection (Customs) in this dispute over merchandise classification. A manufacturer challenges Customs’ classification of cast iron counterweights for self-propelled mini or compact excavators. The manufacturer contends that the counterweights are parts related to a mini excavator and not a backhoe, but the machine fits the definition of a backhoe, and the term excavator encompasses backhoes. The instant court finds that Customs properly classified the materials as associated with a backhoe for the purpose of determining tariffs.
Court: Court of International Trade, Judge: Restani, Filed On: July 21, 2023, Case #: 23-108, Categories: Commerce, Trade, Tax
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J. Rao upholds the district court's dismissal of a family's action against Sudan in connection with a terrorist attack on their family. The Sudan Claims Resolution Act, which strips federal courts of jurisdiction to hear most terrorism-related claims, is not unconstitutional. Affirmed.
Court: DC Circuit, Judge: Rao, Filed On: July 21, 2023, Case #: 21-5250 , Categories: Terrorism, Jurisdiction
J. Katsas denies a former presidential candidate's petition for review regarding the constitutionality of the Presidential Primary Matching Payment Account Act, which funds certain expenses incurred by candidates during the primaries. The candidate fails to show the matching payment period definition in the Act is unconstitutional.
Court: DC Circuit, Judge: Katsas, Filed On: July 21, 2023, Case #: 21-1213 , Categories: Constitution, Elections
J. Rosen finds a lower court properly submitted certified questions to the supreme court concerning arbitration proceedings brought by an estate administrator against a conveyor manufacturer. The conveyor manufacturer argued that the estate administrator properly initiated arbitration claims against it after her decedent died in an agricultural accident, and that a second proceeding was barred by the State's one- action rule. However, the estate sufficiently showed in court that an arbitration confirmation does not qualify as a final ruling, and does not bar a second action in federal court under the state's one action rule. Reversed.
Court: Kansas Supreme Court, Judge: Rosen, Filed On: July 21, 2023, Case #: 125,778, Categories: Agriculture, Arbitration, Wrongful Death
J. DiPentima finds that the lower court properly issued judgments of foreclosure by sale in favor of Pacific Funding Trust 1003 and PS Funding in three cases. In none of the cases did “the special defenses clearly allege a challenge to the amount of debt, nor did the defendant object at the hearings to the court’s determinations of the amounts of the debts due.” Affirmed.
Court: Connecticut Court Of Appeals, Judge: DiPentima, Filed On: July 21, 2023, Case #: AC 45425, Categories: Foreclosure
J. Cradle finds that the lower court properly terminated a mother’s parental rights and denied her motion for post-termination visitation as to two of her minor children. While the mother loves the children and may have had frequent positive interactions with them, that is just one factor the court can consider in evaluating post-termination visitation. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: July 21, 2023, Case #: AC 46069, Categories: Family Law
J. Wright grants the insurer's motion for judgment on the pleadings in the insureds' suit seeking coverage for the theft of their cryptocurrency tokens by hackers. The tokens do not fall under the insured's policy's "direct physical loss" provisions, since they are a purely digital asset.
Court: USDC Minnesota, Judge: Wright, Filed On: July 21, 2023, Case #: 0:22cv691, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Richard Nelson denies the son's motion for a temporary restraining order preventing his siblings from taking actions regarding the governance of a family trust while this action, in which he aims to be declared Trustee of the trust, is resolved. The son has not presented any evidence of misappropriation or misuse of trust funds, and the potential sale of farmland he seeks to enjoin is "entirely speculative." Additionally, any harm to the son by any such misappropriation could be remedied by monetary relief.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: July 21, 2023, Case #: 0:23cv1885, NOS: Other Fraud - Torts - Personal Property, Categories: Trusts, Injunction
J. Bergeron finds that the lower court abused its discretion in various evidentiary and trial-related rulings in this medical malpractice case involving negligence claims relating to four back surgeries the defendant physician performed upon the plaintiff. The case is remanded for a new trial. Reversed.
Court: Ohio Court Of Appeals, Judge: Bergeron, Filed On: July 21, 2023, Case #: 2023-Ohio-2500, Categories: Medical Malpractice
J. Kinsley finds that the lower court improperly admitted evidence regarding the revocation of a physician’s medical licenses and other lawsuits filed against him in this dispute brought by a former patient and her husband alleging negligence, battery, failure to obtain informed consent, and other claims. Reversed.
Court: Ohio Court Of Appeals, Judge: Kinsley, Filed On: July 21, 2023, Case #: 2023-Ohio-250, Categories: Medical Malpractice
J. Eagles grants, in part, a receiver's motion to use proceeds from the sale of a home to satisfy a lien. The former homeowner's lis pendens is valid and, therefore, takes priority over later-filed encumbrances on the property.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: July 21, 2023, Case #: 1:19cv1076, NOS: Antitrust - Other Suits, Categories: Property, Banking / Lending
J. Hoyle finds that the trial court properly convicted defendant for murder arising from an attempted robbery of a drug dealer that resulted in the dealer's shooting of one of the assailants. Culpability was established by defendant's masterminding the botched robbery. The jury heard evidence from several witnesses that the robbery was defendant's idea. Because proffered evidence of defendant's intellectual abilities does not make any fact more or less probable, the trial court's excluding it on relevancy grounds during the guilt-innocence phase was proper. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: July 21, 2023, Case #: 12-22-00161-CR, Categories: Murder, Robbery
J. Olguin grants final approval of the employee's $3.2 million settlement that will end class allegations that Southern California Edison did not pay her or other employees all wages due. The settlement will be paid out to more than 5,100 people who worked for the electric company in California from April 6, 2016, to Nov. 23, 2021, and weren't represented by a union. Class counsel receives $805,600 in attorney fees.
Court: USDC Central District of California, Judge: Olguin, Filed On: July 21, 2023, Case #: 2:20cv8023, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
J. Toth finds the Board of Veterans Appeals improperly discontinued the Army veteran’s minimum compensation rating for Parkinson’s disease. Though the board replaced the minimum rating with a combined rating for three distinct manifestations evaluated under different diagnostic codes, those ratings account for only some of the manifestations. According to a plain reading of the diagnostic code, compensable ratings under other codes should be added to the minimum rating as long as additional manifestations are not compensable. Reversed and remanded.
Court: Court Of Appeals For Veterans Claims, Judge: Toth, Filed On: July 21, 2023, Case #: 20-5759, Categories: Government, Health Care, Veterans
J. Theofanis finds the trial court properly ruled to terminate a father’s parental rights to his child. The content of the father’s objection has not been included in the record for review. Therefore, there is no evidence to suggest that the court erred in its decision. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: July 21, 2023, Case #: 03-23-00171-CV, Categories: Family Law
[Consolidated] Per curiam, the court of appeals finds that the district court properly revoked defendant's community supervision following his conviction by guilty plea to charges of evading arrest or detention with a vehicle and assault causing bodily injury. Defendant pleaded true to violating certain terms and conditions of his supervision. The "Anders" brief filed by counsel presents a chronological summation of the procedural history of the case, stating that he is unable to raise any arguable issues for appeal. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: July 21, 2023, Case #: 12-23-00004-CR, Categories: Probation, Assault, Escape
J. Neeley grants the writ of mandamus sought by the wife to stay a temporary restraining order appointing a forensic computer specialist to review her electronic storage media after she was accused of recording the husband without permission. The restraining order neither includes an order setting the underlying matter for trial on the merits nor fixes the amount of bond to be provided by the husband, so it does not comply with the procedural requirements for temporary injunctions.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: July 21, 2023, Case #: 12-23-00172-CV, Categories: Family Law, Restraining Order
J. Smith finds the trial court improperly granted a radiology services provider summary judgment for a contract claim as it pertains to "non-Peck" cases and attorney fees. The evidence does not support the finding that the parties' contract was not modified to accept the non-Peck cases. Reversed.
Court: Florida Courts Of Appeal, Judge: Smith, Filed On: July 21, 2023, Case #: 6D23-469, Categories: Attorney Fees, Contract
J. Gruender finds that the district court improperly denied a police officer qualified immunity in claims contending a police officer acted with deliberate indifference when plaintiff had a seizure while being arrested for driving while intoxicated. Plaintiff had not advised the officer about her disorder, and emergency medical personnel at the scene declined to take her to the hospital. Reversed.
Court: 8th Circuit, Judge: Gruender , Filed On: July 21, 2023, Case #: 22-1449, Categories: Civil Rights, Immunity