152 results for 'filedAt:"2023-08-15"'.
J. Spain finds that the trial court improperly entered an order that awarded the mother attorney fees in a child possession case. The trial court moved forward with the hearing despite the father's vision impairment and the fact he "could not properly see or understand the exhibits and documents." As a result, the father's due process rights were violated. Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 15, 2023, Case #: 14-21-00288-CV, Categories: Family Law, Due Process, Habeas
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J. Holland grants an insurance company's motion to exclude expert opinions in an policy coverage dispute. The insured alleges its building suffered damage due to snow load. The insurance company paid only a portion of the claim, alleging that the estimate included upgrades that are not required by ordinance or law. The insured failed to disclose the experts by the expert witness deadline, and did not move to amend its witness list to add them, therefore their opinions are excluded. Allowing the insured to add expert witnesses at this point would delay the final stages of litigation.
Court: USDC Alaska, Judge: Holland, Filed On: August 15, 2023, Case #: 4:20cv23, NOS: Insurance - Contract, Categories: Insurance, Experts
J. Nunley refuses to find for an insurer on several individuals’ claims arising from a UIM coverage dispute. There are genuine issues of fact regarding their claims for punitive damages, bad faith, breach of contract and elder abuse.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: August 15, 2023, Case #: 2:21cv2215, NOS: Insurance - Contract, Categories: Insurance, Tort, Contract
J. Pierre-Louis finds that the appellate division improperly denied in-person interpretation services for defendant, a native speaker of Kaqchikel, in his sexual assault trial because the court's language access plan was amended to assure the assumption of in-person interpreting services in criminal jury trials, and the use of remote services should be approved by the assigned or presiding judge. Reversed.
Court: New Jersey Supreme Court, Judge: Pierre=Louis, Filed On: August 15, 2023, Case #: A-32-22, Categories: Criminal Procedure, Confrontation, Fair Trial
J. Edmon holds that the trial court must reinstate dismissed complaints alleging that certain medical corporations violated insurance fraud and unfair competition laws. The complaints adequately allege that the corporations falsely held themselves out as providers, are not controlled by physicians and failed to disclose those facts on bills submitted to insurers. Reversed.
Court: California Courts Of Appeal, Judge: Edmon, Filed On: August 15, 2023, Case #: B315264, Categories: Fraud, Insurance, Unfair Competition
J. Lamberth finds for the Agency on International Development on a black female employee's race, sex and age discrimination claims, which arose after a white man was chosen over her for a supervisory position. She fails to show the agency's legitimate, non-discriminatory reason for its choice was pretextual.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: August 15, 2023, Case #: 1:19cv3702, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Moore finds the trial court improperly denied the trustee of the family trust’s motion for a new trial in this dispute among the four living children with respect to various agreements and interests in the family farm. To the extent the award of attorney fees included those resulting from the family’s derivative claims, it was error to award fees against the trustee, individually. Affirmed in part. Reversed in part and remanded.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: August 15, 2023, Case #: A-22-108, Categories: Family Law, Trusts, Contract
J. Quigless finds that the lower court improperly ruled a 48-year-old man totally incapacitated and appointed a state guardian. The court cannot rule on the merits of the man's claims because it lacks a full evidentiary record showing the basis for the lower court's decision. Reversed.
Court: Missouri Court Of Appeals, Judge: Quigless, Filed On: August 15, 2023, Case #: ED111010, Categories: Guardianship
M.J. Eifert grants in part the contracting services firm and its subsidiary’s motion for sanctions against the former director of marketing for her failure to produce legible text messages and an answer to an interrogatory regarding her absences from work in her sexual harassment suit, finding her “current answers convey an utter lack of effort on her part to collect the information that would allow her to answer.” The court directs the firm to submit an affidavit of reasonable fees and costs associated with its motion by Aug. 31, and orders the former director to respond to the discovery requests by Sept. 14.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: August 15, 2023, Case #: 3:22cv375, NOS: Employment - Civil Rights, Categories: Employment, Sanctions, Discovery
J. Duarte finds that defendant's peremptory challenge to a trial court judge assigned to hear her resentencing request was untimely. Trial court proceedings reevaluating her request for resentencing that were held following a previous remand from this court were not a new trial since her murder and robbery charges were not refiled and her jury trial and double jeopardy protections were not involved.
Court: California Courts Of Appeal, Judge: Duarte, Filed On: August 15, 2023, Case #: C097144, Categories: Criminal Procedure, Murder, Sentencing
Per curiam, the Ninth Circuit finds that the district court improperly denied the County of Riverside's motion for judgment after an individual alleged due process and civil rights violations by suppressing another person’s confession to a murder for which the individual was arrested and held for almost four years before the charges were dismissed. The individual failed to show prejudice from the nondisclosure of the confession. Reversed.
Court: 9th Circuit, Judge: Per curiam, Filed On: August 15, 2023, Case #: 22-55614, Categories: Civil Rights
J. Breckenridge finds that the lower court improperly overruled the counties' post-judgment motion to intervene as a matter of right in a suit where the court ruled laws permitting local public health authorities the authority to promulgate county-wide health regulations unconstitutional. The counties demonstrated their interest in the subject of the action, and timely filed a proposed answer. The judgment is vacated, and the case is remanded. Vacated.
Court: Missouri Supreme Court, Judge: Breckenridge, Filed On: August 15, 2023, Case #: SC99864, Categories: Constitution, Health Care, Agency
J. Ahuja finds that the lower court improperly denied defendant's post-conviction petition alleging ineffective assistance of counsel stemming from defendant's conviction of second-degree domestic assault for shooting his wife in the leg. Counsel failed to request a lesser-included offense jury instruction for fourth-degree domestic assault when the evidence could support a jury finding that defendant did not intentionally aim at his wife or pull the trigger. Defendant is entitled to a new trial. Reversed.
Court: Missouri Court Of Appeals, Judge: Ahuja, Filed On: August 15, 2023, Case #: WD85542, Categories: Ineffective Assistance, Domestic Violence
[Consolidated.] J. Moore finds the county court sitting as juvenile court properly terminated the mother’s parental rights. The children were removed by law enforcement following a report of domestic violence and have remained in out of home placement for two years since. Though the mother has faced challenges, including relational problems with her first caseworker and having to travel significant distances for parenting time, there has still been little change in her behavior. Her ambivalence regarding her continued drug use or need to participate in residential treatment suggests that she is unlikely to change in the future. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: August 15, 2023, Case #: A-22-948, Categories: Family Law, Guardianship
J. Johnson denies the securities sellers' motion for summary judgment, ruling the promissory note signed over to them by the investor qualifies as a security under federal law, while statements about the startup's income, which is purported to be $10 million but is actually less than $100,00 annually, and the potential return on investment are sufficient at this stage to show reckless disregard on behalf of the sellers.
Court: USDC New Mexico, Judge: Johnson, Filed On: August 15, 2023, Case #: 1:21cv564, NOS: Other Contract - Contract, Categories: Fraud, Securities, Contract
Per curiam, the 11th Circuit grants the individual's motion to dismiss the instant appeal and vacates the panel opinion. The company dissolved weeks before the case was decided and the case was therefore moot at the time of the panel decision. Vacated.
Court: 11th Circuit, Judge: Per curiam, Filed On: August 15, 2023, Case #: 20-14846, Categories: Civil Procedure
J. Bogardus finds the lower court properly granted the business owner's motion for summary judgment on a contract claim. Under precedent from the New Mexico Supreme Court, cohabitating couples cannot pool resources, and in the absence of any verbal or written agreement between he and his partner, the partner was not entitled to any portion of the business or income, regardless of how long the couple lived together. However, because text messages established the partner provided administrative services for the business for several years without compensation, the unjust enrichment claim will be reinstated and remanded to the lower court. Affirmed in part.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: August 15, 2023, Case #: A-1-CA-40263, Categories: Family Law, Contract