177 results for 'filedAt:"2023-07-27"'.
J. Laing finds a lower court properly dismissed a civilian's Housing Act violations against a district council. The civilian argued that the district counsel failed to provide her accommodations. However, the district counsel presented sufficient evidence in court that she became intentionally homeless when she abandoned a room inside of a hostel ran by a charity. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Laing, Filed On: July 27, 2023, Case #: CA-2022-1996, Categories: Civil Rights, Housing
J. Frank partially grants the civilian's motion for attorney fees following her success at trial on claims against the government entities and their employees alleging that they impermissibly accessed her driver's license data. While the civilian's legal errors necessitated a new trial, the issues presented at trial were close calls and her behavior was not unreasonable. She was overall successful on the claim at the heart of her case, the case furthered public interest, and an earlier reduction of attorney fees stands. Time and resources spent on an appeal and trial preparation, however, were excessive and fees are reduced by 60 percent accordingly.
Court: USDC Minnesota, Judge: Frank, Filed On: July 27, 2023, Case #: 0:13cv3562, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Attorney Fees
J. Chappell grants an officer, a judge, a prosecutor, and the state dismissal on grounds that civil rights claims brought by plaintiff constituted a shotgun pleading.
Court: USDC Middle District of Florida, Judge: Chappell, Filed On: July 27, 2023, Case #: 2:23cv513, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Christopher finds that the trial court properly ruled in favor of the Chinese investor on her fraud claim against a business owner who allegedly used her $1 million investment "for purposes other than creating a business for her to obtain a U.S. visa." The evidence is sufficient to support the jury's finding that the business owner made false representations regarding his use of the individual's investment. Though, fraud damages should not have been assessed against the business owner's wife since she did not take part in the conspiracy. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: July 27, 2023, Case #: 14-22-00197-CV, Categories: Fraud, Immigration, Contract
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Per curiam, the appellate division finds that attorney Don Hart Bennett may be reinstated following his September 2022 suspension for failing to meet registration requirements because Bennett complied with the suspension order and demonstrated the requisite character and fitness to practice.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 27, 2023, Case #: PM-158-23, Categories: Attorney Discipline
J. Guerrero finds the appellate court improperly found evidence surrounding a previous molestation of Doe to be admissible in this suit seeking to recover emotional distress damages for sexual abuse committed by her 4th grade teacher when she was 8 years old. Cited evidence code may permit evidence that would otherwise be excluded, though admissibility is subject to scrutiny for relevance. Code governing relevance is designed to protect against unwarranted intrusion into the private life of a sexual assault claimant by identifying and circumscribing evidence intended to attack credibility, and the trial court must undertake proper proceedings under this code. Reversed.
Court: California Supreme Court, Judge: Guerrero , Filed On: July 27, 2023, Case #: S272166, Categories: Education, Evidence, Emotional Distress
J. Egan finds that the lower court properly convicted defendant based on his guilty plea to burglary as a participant in a home invasion. Extended court commentary at sentencing included a victim's "intemperate and inappropriate" out-of-court statements, but defendant's confrontation rights had not been violated and he received the sentence expected under the guilty plea. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: July 27, 2023, Case #: 112158, Categories: Burglary, Confrontation, Evidence
J. Smith finds the trial court properly convicted defendant for being a felon in possession of a firearm, applying a sentencing enhancement for gun possession in connection with drug trafficking. After being pulled over, defendant consented to a search of his vehicle, which yielded bags of marijuana, meth, drug paraphernalia and a firearm. Defendant also had a prior felony conviction for drug trafficking. It was not clearly erroneous for the district court to find that defendant was trafficking drugs. With the firearm in close proximity to the drugs and paraphernalia, the court properly found it connected to the trafficking. Affirmed.
Court: 5th Circuit, Judge: Smith , Filed On: July 27, 2023, Case #: 22-50056, Categories: Drug Offender, Firearms, Search
Per curiam, the circuit grants the Democratic Republic of the Congo native's petition for review of his denial of asylum and protection under the Convention Against Torture. The Board of Immigration Appeals relied exclusively on the petitioner's adverse credibility finding in order to deny his application. Under precedent of the Fifth Circuit, “CAT claims are ‘distinct from asylum and withholding-of-removal claims and should receive separate analytical attention.’”
Court: 5th Circuit, Judge: Per curiam, Filed On: July 27, 2023, Case #: 21-60416, Categories: Immigration, Due Process
J. Ceresia finds that the lower court properly convicted defendant on his guilty plea to drug and weapon possession. Defendant claimed the search warrant used lacked probable cause because it was based on faulty information from a confidential informant, but the CI was known to be reliable and offered information from personal interactions with defendant. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: July 27, 2023, Case #: 113067, Categories: Drug Offender, Search
J. Theofanis finds that the trial court improperly ruled in part in a breach of fiduciary duty suit brought by the founder of a software firm against a purchaser in the company’s interest. The firm’s founder alleges the purchaser entered into contracts without his consent and improperly transferred the firm's assets. There was sufficient evidence that the founder is entitled to damages. Reversed in part.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: July 27, 2023, Case #: 03-22-00034-CV, Categories: Corporations, Damages, Fiduciary Duty
J. Silva recommends the case proceed to settlement, brought against county employees by two minor children who suffered severe injuries while in the care of their former foster parents. Evidence presented shows the social worker’s carelessness when inspecting a one-year-old child in the custody of a foster parent subject to multiple complaints and allegations of abuse, and that a reasonable jury could conclude that the children's constitutional right to substantive due process was violated. If no settlement is reached, the case will proceed to trial.
Court: USDC Nevada, Judge: Silva , Filed On: July 27, 2023, Case #: 2:20cv103, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Family Law, Guardianship
J. Hull finds that the district court properly ruled in favor of the consulting firm in an action against the former employee for misappropriating trade secrets under the Defend Trade Secrets Act. There is sufficient evidence to support the jury's finding that the firm owned the trade secret documents at issue. The pages in two documents are all stamped with the firm's logo. Affirmed.
Court: 11th Circuit, Judge: Hull, Filed On: July 27, 2023, Case #: 22-11516, Categories: Trade Secrets
J. Thrash partially grants the manufacturer's motion for summary judgment in a product liability and negligence action brought by the individual arising from injuries she suffered in a car collision. The passenger door of the vehicle opened due to a crash unlock system as the car flipped and rolled several times. The motion is denied as to the alleged crash unlock system defect because genuine issues of fact remain as to whether the system was defective and whether the defect caused the individual's injuries. The manufacturer's motion to exclude the individual's engineering expert's opinions on the crash unlock feature is denied because they are reliable and relevant to the underlying design defect claims.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: July 27, 2023, Case #: 1:21cv2148, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Experts
J. Pitman declines to a former worker’s motion to reconsider a convoluted case in which she sued her former employer for alleged wrongful termination and other claims and her former employer in turn sued her for allegedly violating the terms of her employment contract, including by allegedly breaching a non-disclosure agreement. While the worker makes a somewhat “convincing” argument that a finding of wrongful termination could “void” this second case brought against her, she has “waived” this argument by waiting too long into this process to make it.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: July 27, 2023, Case #: 1:23cv627, NOS: Other Statutory Actions - Other Suits, Categories: Employment, Fraud, Contract
J. Benavides finds that the lower court properly terminated the mother's parental rights to the child. On appeal, the mother challenges the evidence supporting the lower court's best-interest finding. However, she "executed an affidavit of voluntary relinquishment," meaning her arguments on appeal must be limited to issues involving "fraud, duress, or coercion in the execution of the affidavit." Affirmed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: July 27, 2023, Case #: 13-23-00139-CV, Categories: Civil Procedure, Family Law
J. Gonzalez finds that the lower court improperly allowed involuntary treatment petitions to be filed against two individuals held at a hospital and continued to be held well after the commitment orders had expired. While a third individual in this case was held under a valid court order, the state "totally disregarded" the rights of two others under the Involuntary Treatment Act when it simply began new involuntary treatment proceedings when it realized the older court orders expired. Filing new involuntary treatment proceedings while someone is already being held without authority is blatantly unacceptable under the law, and so those petitions are remanded for dismissal. Reversed in part.
Court: Washington Supreme Court, Judge: Gonzalez, Filed On: July 27, 2023, Case #: 100668-3, Categories: Commitment, Due Process
J. Hamilton vacates a district court’s judgment against a litigant-consumer and in favor of PayPal, finding the lower court erred by deciding a disputed issue of fact that must be decided by a trier of fact. The case is returned to the district court for a determination on whether the litigant received notice of an amended user agreement from PayPal and implicitly agreed to the online payment company’s new arbitration clause. Vacated.
Court: 7th Circuit, Judge: Hamilton, Filed On: July 27, 2023, Case #: 22-2575, Categories: Arbitration, Consumer Law, Contract
J. St. Eve finds that the district court properly denied a request by the Democratic Party of Illinois to intervene in a lawsuit against state voting officials. Litigants argue that a state law allowing extended counting of mail-in ballots violates federal law. The state Democratic party fails to point to any reason that the state’s representation of its interests may be inadequate. In addition, the district court’s focus on public time and resources over the political organization’s individual interests is not an abuse of judicial discretion. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: July 27, 2023, Case #: 22-3034, Categories: Elections, Government
J. Larsen finds the trial court properly awarded the La Bamba Mexican restaurant chain profits from a competitor. Although the owner of the competing restaurant did not know of La Bamba's trademark until he received a cease-and-desist letter, he continued to use the infringing name for more than a year and a half, which constituted willful infringement. Meanwhile, the willful conduct also supported the award of attorney fees to the trademark holder, given the competitor provided no evidence of any limiting factors and did not contest the calculation method used by the court. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: July 27, 2023, Case #: 22-5853, Categories: Trademark, Damages, Attorney Fees
J. Forrest grants a petition for a writ of mandamus and orders the United States Bankruptcy Court for the Central District of California to quash trial subpoenas requiring petitioners to testify via video from their home in the U.S. Virgin Islands. The individuals moved to quash their trial subpoenas because they violated the geographic limitations under a Federal Rule of Civil Procedure.
Court: 9th Circuit, Judge: Forrest, Filed On: July 27, 2023, Case #: 22-70092, Categories: Bankruptcy, Civil Procedure
J. Wilkin finds that the lower court did not abuse its discretion when it granted the maternal cousins' motion for legal custody of the children because although the mother completed a portion of her case plan, she failed to obtain her own housing and continues to live with her parents at a home deemed unacceptable for children by family services. Additionally, the mother lied to the court and family services several times throughout the case and had contact with individuals involved in drug trafficking, all of which supported the court's decision to award the cousins custody but allow visitation by the mother. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: July 27, 2023, Case #: 2023-Ohio-2686, Categories: Evidence, Family Law