171 results for 'filedAt:"2023-07-31"'.
J. Frank denies the models' motion to compel arbitration and stay proceedings in this declaratory-judgment suit brought by the strip club owner's insurer, and partially grants the club owner's motion to dismiss, compel arbitration and stay proceedings. The action is referred to arbitration, since while the models lack standing to compel arbitration, the club owner does not, and while disputes remain as to which claims are arbitrable, those questions are better left to the arbitrator.
Court: USDC Minnesota, Judge: Frank, Filed On: July 31, 2023, Case #: 0:22cv3214, NOS: Insurance - Contract, Categories: Arbitration, Insurance
J. Jesson reverses the district court's denial of the tenant's request for expungement of his eviction record. District courts have inherent authority to expunge such records, and on remand the district court is to apply a balancing test established in 1981 by the Minnesota Supreme Court for such cases, considering the difficulties the petitioner has demonstrated in securing housing as a result of the record, the nature and seriousness of the reason for eviction, the potential risk a petitioner may pose and the impact of that risk on the public's right to access records, any additional similar offenses or rehabilitative efforts since the eviction, objective evidence of hardship and how much, if any, back rent is owe and if there is a payment plan in place. Reversed.
Court: Minnesota Court Of Appeals, Judge: Jesson, Filed On: July 31, 2023, Case #: A22-1645, Categories: Public Record, Housing
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J. Stevens finds that the trial court erred in granting the appellants' attorney's motion to withdraw in a suit involving a company's lien rights against a property. The attorney failed to take "reasonable steps to mitigate the negative consequences to his clients due to his withdrawal." Reversed.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: July 31, 2023, Case #: 06-22-00047-CV, Categories: Civil Procedure, Property
J. Shea grants the university's motion for summary judgment, ruling the former student athletes fail to state a plausible promissory estoppel claim. The statements made by coaches and administrators during the school's transition from Division I to Division III did not constitute a promise regarding their experience at the school. The student athletes did not have their scholarships reduced or rescinded, and failed to provide any evidence their experiences at the university fell below the standard promised by administrators.
Court: USDC Connecticut, Judge: Shea, Filed On: July 31, 2023, Case #: 3:21cv934, NOS: Other Contract - Contract, Categories: Education, Evidence, Contract
J. Lowy reverses a judgment denying an estate representative appointment proceedings because they fall outside the three-year limit from the decedent’s death that they are supposed to be filed within. However, the position of voluntary personal representative is a prior appointment, and is an exception to the time limit as a result. Reversed and remanded.
Court: Massachusetts Supreme Court, Judge: Lowy, Filed On: July 31, 2023, Case #: SJC-13393, Categories: Administrative Law, Wrongful Death
J. Attrep finds a lower court erred in allowing a jury to convict defendant of child abuse despite insufficient evidence. The jury rejected prosecutors’ “principal theory” that defendant had directly injured her son and instead settled on an “alternative” theory that she had allowed her son to be abused by leaving him with her boyfriend, who had initially reported the alleged abuse. But there is insufficient evidence for this alternate theory as well, and in fact at trial prosecutors “attempted to convince the jury that the boyfriend did not harm” the child. Reversed.
Court: New Mexico Court of Appeals, Judge: Attrep, Filed On: July 31, 2023, Case #: A-1-CA-39691, Categories: Evidence, Child Victims, Negligence
J. Pepper grants the city's motion to remand back to the Racine Municipal Court a lawsuit involving two property owners claiming the city violated their constitutional rights in part by enforcing ordinances to remove or fix construction scaffolding in front of their property. Because there is no federal question presented in the case, there is no subject matter jurisdiction, and the case is remanded to the municipal court.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: July 31, 2023, Case #: 2:23cv452, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Municipal Law, Property
J. Bolden finds the Michigan Supreme Court improperly found no due process violation in the trial court’s conviction of defendant for murder, assault and various weapons charges. The witness who identified defendant at trial did not identify him before trial and in fact identified different individuals as possible assailants before trial. The admissibility of in-court identification is premised on reliability, but the identification was not reliable. Reversed in part. Vacated in part and remanded.
Court: Michigan Supreme Court, Judge: Bolden, Filed On: July 31, 2023, Case #: 162373, Categories: Murder, Due Process, Witnesses
J. Rushing finds the lower court properly convicted the defendant of two crimes arising out of an elaborate ploy to intimidate an Internal Revenue Service agent into halting her efforts to collect his delinquent tax debt. The defendant filed a lien against a federal tax agent to intimidate but mistakenly filed the suit against the agent's pseudonym instead of her real name. The defendant incorrectly argues that the statute does not apply to fictitious persons and that his mistake precludes criminal liability. The argument misses the mark because he attempted to file the lien against the property of a real federal employee, regardless of her name. Affirmed.
Court: 4th Circuit, Judge: Rushing, Filed On: July 31, 2023, Case #: 22-4258, Categories: Government, Tax
J. Fletcher denies the City and County of San Francisco’s petition for review of a final order of the U.S. Environmental Protection Agency (EPA) denying review of San Francisco’s federal National Pollutant Discharge Elimination System permit for its Oceanside combined sewer system and wastewater treatment facility. The EPA had authority under the Clean Water Act to include certain general narrative prohibitions.
Court: 9th Circuit, Judge: Fletcher, Filed On: July 31, 2023, Case #: 21-70282, Categories: Environment
J. Urias grants a third-party company’s motion to intervene in a putative class-action over the alleged misclassification of workers as independent contractors. The third-party’s arguments are relevant to this case because the company not only runs an app to connect oil-and-gas workers, including the plaintiffs in this case, with jobs, but also requires users to agree to a “dispute resolution” process.
Court: USDC New Mexico, Judge: Urias, Filed On: July 31, 2023, Case #: 2:21cv1125, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Technology, Labor
J. Rodriguez finds a lower court ruled correctly in denying a motion for sanctions based on grievances filed with the State Bar of Texas as part of a medical malpractice suit that the parties had already settled. “Professional misconduct complainants are entitled to absolute, unqualified immunity,” and because it was the doctor who initially filed the grievance, the lawyers for the patient cannot now attempt to bring sanctions against him. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: July 31, 2023, Case #: 08-22-00235-CV, Categories: Sanctions, Immunity, Medical Malpractice
J. Molberg finds that the lower court properly ruled in favor of the appellee in this case alleging a breach of fiduciary duty in connection with a "disputed real estate transaction." The appellant "failed to request the reporter's record," so his sufficiency challenges must fail. Also, the lower court did not err in its legal conclusion that the appellant owed a fiduciary duty to the decedent. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: July 31, 2023, Case #: 05-21-00245-CV, Categories: Civil Procedure, Real Estate, Fiduciary Duty
J. Worthen finds the trial court properly convicted defendant for burglary of a habitation. A neighbor of the victim observed the burglary in progress and later identified the perpetrators from a photographic lineup. The disputed portion of the prosecutor’s argument regarding the difference between a “habitation” and a “building” as posed by defendant on the basis that the structure did not have electricity was based on a reasonable and fair inference drawn from the totality of facts in evidence, including the victim’s testimony that his electric meter had been tampered with. Nothing suggests that the state offered the argument in bad faith. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: July 31, 2023, Case #: 12-22-00174-CR, Categories: Burglary, Evidence
J. Bumb rules in favor of the bank, which allegedly failed to pay the ten certificates of deposit. The customer admits he was not able to locate applicable records from 1996 onwards, and he has not shown enough evidence to rebut the presumption that the CDs were abandoned.
Court: USDC New Jersey, Judge: Bumb , Filed On: July 31, 2023, Case #: 1:21cv1131, NOS: Other Contract - Contract, Categories: Contract