191 results for 'filedAt:"2023-07-28"'.
J. Kunselman finds that the lower court improperly denied a mother's request to relocate from Pennsylvania to Florida with her 7-year-old daughter and 1-yearold son, taking the children further from their father, a Rhode Island resident. The court abused its discretion. Reversed.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: July 28, 2023, Case #: J-A09005-23, Categories: Evidence, Guardianship
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
[Consolidated.] J. Stevens finds that the lower court improperly issued discovery orders in this wrongful death and survival action brought by the decedent of a foster care parent murdered by her foster child, then 17 years old. The court’s order was improperly based on the ground that the discovery did not seek information from the foster care case record. Vacated.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: July 28, 2023, Case #: J-A10034-23, Categories: Civil Procedure, Negligence, Wrongful Death
[Consolidated.] J. Henderson denies a solar generation facilities developer's petitions for review of the Federal Energy Regulatory Commission's approval of a transmission service agreement that will apply transmission system upgrade costs to one public utility that will then pass through the charges to the developer. The commission's decision that the costs should be applied to the sole benefitting customer rather than spread among all customers is supported by substantial evidence.
Court: DC Circuit, Judge: Henderson, Filed On: July 28, 2023, Case #: 22-1108 , Categories: Administrative Law, Energy
J. Millett reverses the district court's decision to overturn an administrative law judge's determination an individual was ineligible for supplemental security income due to a disability per new rules adopted by the Social Security Administration. Contrary to the district court's finding, the rules were not retroactively applied. However, the administrative law judge improperly analyzed proof from the individual's doctor; therefore, the case must be remanded. Reversed.
Court: DC Circuit, Judge: Millett, Filed On: July 28, 2023, Case #: 22-5050 , Categories: Administrative Law, Social Security
J. Docherty grants the disability benefit claimant's motion to compel the disability insurer to produce privilege log documents, but denies his motion to conduct additional discovery. The claimant has not demonstrated that additional discovery is necessary for adequate review of his claims, but the privilege log documents fall under the fiduciary exception to attorney-client privilege since they are communications between a fiduciary and an attorney, and there was not sufficient threat of imminent litigation at the time they were sent to invoke a liability exception to that exception.
Court: USDC Minnesota, Judge: Docherty, Filed On: July 28, 2023, Case #: 0:23cv563, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Discovery, Privilege
Per curiam, the appellate division finds the trial court properly ruled in partially favor of the state insurance board in the complaint, which sought to recoup the accumulated deficit of a trust. The summons with notice was defective because it did not sufficiently state the nature of the action, and there is no indication state lawmakers intended to limit the evaluation of a deficit of a group self-insurance trust. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 21-00432, Categories: Insurance
Per curiam, the court of appeals denies the chief disciplinary counsel's motion to dismiss for improper joinder because its participation in and prosecution of the disciplinary hearings below render it a proper party to this action. Meanwhile, because attorney Norman Pattis failed to timely serve the trial court judge who suspended him from the practice of law for six months, her motion to dismiss is granted.
Court: Connecticut Court Of Appeals, Judge: Per curiam, Filed On: July 28, 2023, Case #: AC46194, Categories: Civil Procedure, Judiciary, Attorney Discipline
Per curiam, the appellate division finds the trial court improperly convicted defendant of aggravated harassment and family offense. While the victim testified she was bitten on the arm by defendant, she sustained only a bruise without broken skin and there was no evidence of significant pain. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: KA 21-00198, Categories: Burglary, Theft, Harassment
Per curiam, the appellate division finds the trial court improperly dismissed the labor law causes of the complaint, which alleges the employee fell while installing roof trusses on the building. The employee testified he did not receive specific training on how to use the harness or lanyard, which raises triable issues of fact as to whether there was an adequate safety device available. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 22-00014, Categories: Negligence
J. Marbley denies the nonprofit education group's motion for a preliminary injunction, ruling it is unlikely to prevail on its First Amendment claims against the school district and its anti-bullying policies because the "misgendering" policy that punishes students who refuse to call transgender classmates by preferred pronouns fits into a First Amendment exception used to prevent speech that gives rise to physical or psychological harm. Although students do not lose all First Amendment protections while at school, the policies in question are specifically designed to lessen harassment of transgender students who face four times the amount of bullying as their classmates and foster an environment in which all students can learn without interruption or harassment.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: July 28, 2023, Case #: 2:23cv1595, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, First Amendment
Per curiam, the appellate division finds the trial court properly convicted defendant of second-degree murder. There is no evidence that defendant was justified in shooting and killing the victim, and defendant was identified by police 30 minutes after the shooting where the shooting took place. Further, statements made by defendant during transport to the police station were made voluntarily. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: KA 19-01868, Categories: Murder
Per curiam, the appellate division finds the trial court improperly ruled in favor of the hauling company, which alleges the power plant wrongfully terminated the contract. The hauling company failed to establish the necessity of a receiver to conserve the property. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 28, 2023, Case #: CA 22-01588, Categories: Contract
J. Gordon grants North Las Vegas’s motion for summary judgment in part in this race discrimination suit brought by a Black police officer. He claims he was transferred from his job in recruiting and denied subsequent promotions because he is Black, though he offers only conclusory statements that non-Black officers received preferential treatment with respect to the same. Events surrounding his removal from a 19-year honor guard service, including the effect of an excused leave, could lead a reasonable jury to find that the city’s proffered reasons for removal are pretextual.
Court: USDC Nevada, Judge: Gordon, Filed On: July 28, 2023, Case #: 2:21cv1505, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment Discrimination
J. Albregts grants the synthetic urine laboratory’s motion to compel production of the investment group’s synthetic urine ingredients in this patent infringement suit. The investment group did not previously list its ingredients as specifically as possible and did not list every step in the manufacturing process. The discovery request is relevant and proportional, not unduly burdensome or duplicative of information already provided.
Court: USDC Nevada, Judge: Albregts, Filed On: July 28, 2023, Case #: 2:22cv158, NOS: Patent - Property Rights, Categories: Patent, Discovery, Technology
J. Chasanow partially grants a group of Chesapeake Bay restaurants and hotels its motion for summary judgment against State Farm and denies State Farm's cross-motion for summary judgment. A fire occurred that damaged one of the group member's building, then another member negotiated a shrink-wrap of the burned building during wedding season and a subsequent demolition and reconstruction of the burned property. The insurance company agreed to cover the costs of said actions, but it contests that coverage should've begun after the shrink-wrap. However, the contract includes the wrap, so State Farm is in violation of the contract.
Court: USDC Maryland, Judge: Chasanow, Filed On: July 28, 2023, Case #: 8:20cv3388, NOS: Insurance - Contract, Categories: Insurance, Property
J. Sippel partially grants the insurer's request for a declaratory judgment stating that it was not required to cover fire damage at a property covered by its home insurance policy. After the fire, the insurer discovered no one lived at the property, no utilities were turned on, and it had been acquired at a tax sale, contrary to the home owner's representations in his application. This misrepresentation was material because the insurer would have at least charged a different premium had it known the property was purchased at an auction.
Court: USDC Eastern District of Missouri, Judge: Sipple, Filed On: July 28, 2023, Case #: 4:22cv895, NOS: Insurance - Contract, Categories: Insurance, Contract