167 results for 'filedAt:"2023-08-16"'.
J. Ashford finds for the commissioner of internal revenue in this tax deficiency dispute because canceled debt should have been included in the taxpayer's income.
Court: U.S. Tax Court, Judge: Ashford, Filed On: August 16, 2023, Case #: 2023-107, Categories: Tax
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J. Watkins denies three noncitizens' petition for writ of mandamus in connection with their arrest, release on bond and subsequent removal from the U.S. They fail to show they have a clear right to a continuance of an in-person pre-trial hearing until they are legally allowed to re-enter the country.
Court: Texas Courts of Appeals, Judge: Watkins, Filed On: August 16, 2023, Case #: 04-23-00539-CR, Categories: Civil Procedure, Immigration
J. Savoie finds that the trial court improperly dismissed the shopper's claims stemming from his alleged injuries due to a slip and fall. The shopper's expert report was erroneously stricken based on the fact no inspection of the store was done, but the expert could not perform an inspection or testing at the site since the store had filed for bankruptcy and abandoned the location. Also, the evidence created genuine issues of material fact that precluded summary judgment. Reversed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: August 16, 2023, Case #: CA-22-745, Categories: Civil Procedure, Evidence, Tort
Per curiam, the court of appeal finds that the trial court improperly denied the county's motion to transfer venue in claims challenging the fish and wildlife conservation commission's restrictions on oyster harvesting in Gulf county because the county should have been considered an "agency" under statute, and the county was entitled to home venue privilege.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: August 16, 2023, Case #: 1D22-2564, Categories: Environment, Agency, Venue
J. Blake denies cross motions for summary judgment from a convenience store chain and its insurance company after concluding that the plain language of their contract is too ambiguous to favor either party. A specific store burned down and the company refused to pay damages, so the chain sued it. Both parties interpret the contract to read in its own favor, but because the language is not clear, discovery is necessary to resolve the dispute.
Court: USDC Maryland, Judge: Blake, Filed On: August 16, 2023, Case #: 1:22cv1551, NOS: Insurance - Contract, Categories: Insurance, Property, Discovery
Per curiam, the appellate division finds that the lower court properly denied MoMA's motion to dismiss negligence and labor law claims stemming from an HVAC technician's injuries. The tech was working on a ladder to replace a CO2 sensor when a hot water pipe burst and caused her to fall off the ladder. The museum failed to show that the deteriorating condition of its water pipes was not discoverable upon a reasonable inspection of the pipes. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 16, 2023, Case #: 04292, Categories: Tort, Negligence
J. Elrod finds the district court improperly granted the medical organization’s motion for injunctive relief by staying the effective date of each of the FDA’s actions surrounding “morning after pill” approvals and regulatory modifications. The organization alleges that safety risks have been overlooked, and that doctors sometimes must facilitate abortions when certain women experience complications. The part of the order addressing initial approval of the drug is barred by limitations. The portion relating to the generic approval is vacated, being the organization has not shown injury. Portions concerning the FDA’s decision to not enforce a regulation requiring the drug to be dispensed in person will be stayed during the pendency of the litigation. Vacated in part. Affirmed in part.
Court: 5th Circuit, Judge: Elrod, Filed On: August 16, 2023, Case #: 23-10362, Categories: Health Care, Agency, Injunction
J. Hutchinson finds that the lower court properly convicted defendant of domestic battery of an insulting nature after admitting certain hearsay statements made by the victim. The victim's initial statement that the altercation was nothing more than "mutual pushing" does not detract from the trustworthiness of her subsequent statements. Affirmed.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: August 16, 2023, Case #: 220289, Categories: Domestic Violence
J. Dillard finds that the trial court improperly denied defendant's motion to set aside or correct his five-year prison sentence arising from his guilty plea to felony sexual battery. Defendant's sentence was void because the victim was over the age of 16 at the time the offense occurred. Defendant therefore should have been sentenced for misdemeanor sexual battery. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: August 16, 2023, Case #: A23A0775, Categories: Sentencing, Sex Offender
[Consolidated.] J. Nalbandian finds the lower court properly denied the motorcycle gang members' motion to vacate their convictions for carrying a firearm during a crime of violence. The predicate offense used by the jury - racketeering aiding and abetting assault - qualifies as a crime of violence under federal law. Although one of the racketeering charges did not qualify as a crime of violence and the jury did not specify which charge was used as the predicate offense, the gang members were convicted of both offenses and, therefore, any error was harmless. Affirmed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: August 16, 2023, Case #: 21-1768, Categories: Habeas, Racketeering, Gangs
J. Lindsey finds the trial court properly granted summary judgment to the retail group in a lawsuit it faced from a developer over alleged breaches of restrictive covenants in the parties' contract related to a failed development deal. The trial court correctly determined as a question of law there was no breach of the non-circumvention and confidentiality covenants in the contract, so its summary judgment order stands. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: August 16, 2023, Case #: 21-2118, Categories: Property, Contract
J. Dillard finds that the trial court properly convicted defendant of fleeing or attempting to elude a police officer, obstruction of a police officer, battery, possession of an open alcoholic beverage container in a passenger area of a car, possession of less than an ounce of marijuana and other offenses. Sufficient evidence was presented to support defendant's drug possession conviction. Defendant failed to show that the trial outcome was impacted by the trial court's failure to charge the jury on misdemeanor obstruction as a lesser-included offense of felony obstruction. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: August 16, 2023, Case #: A23A0667, Categories: Drug Offender, Obstruction, Jury Instructions
J. Smith finds the district court improperly entered summary judgment in favor of the airline in this suit brought by passengers whose flight was cancelled because the flight attendant alerted the crew to her concerns over the “Arab-looking” passengers, who were U.S. citizens. The passenger “preemptively agree[d] to assist in an emergency” before the flight attendant iterated exit row instructions, being that he was a frequent flyer and knew the instructions. His travelling partner, a first-class passenger, was the last to board the plane, which the crew found unusual being that first-class passengers usually board first. Another passenger complained and the pilot delayed takeoff until the flight was cancelled, rebooking all passengers on another flight. That certain conversations between the crew and other passengers entered into evidence indicated that race was a significant issue prior to any suspicious activity, and that those activities could equally be interpreted as being non-suspicious creates a genuine dispute of material fact. Reversed and remanded.
Court: 5th Circuit, Judge: Smith, Filed On: August 16, 2023, Case #: 22-10686, Categories: Civil Rights, Equal Protection, Aviation
J. Hall denies the employee's and employer's joint motion for entry of final judgment for one employee in a labor class action against the employer alleging violations of overtime provisions of the Fair Labor Standards Act. The employee accepted the employer's offer of judgment in the amount of $18,000 plus $3,700 in attorney fees and filed a notice of acceptance. The parties failed to submit documentation supporting their proposed attorney fees and costs. The employees' motion for conditional class certification is denied because they failed to show that other employees want to opt in to the action.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: August 16, 2023, Case #: 1:22cv70, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
J. Osteen grants a group of tenants final approval of a class settlement against a property owning firm after the firm allegedly illegally charged the group with eviction-related fees. The parties came to a settlement agreement providing monetary relief of over $800,000 to the group, and no tenants opted out of the settlement classes when given an option. The firm did not oppose the group’s motion.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: August 16, 2023, Case #: 1:20cv1049, NOS: Other Contract - Contract, Categories: Landlord Tenant, Settlements, Class Action
J. Mooney finds the trial court erred in ordering defendant to pay restitution to the county for interfering with a peace officer. “The record does not support the conclusion that the county is a ‘victim,’ and the state has failed to develop an argument that the county is a victim.” Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: August 16, 2023, Case #: A175808, Categories: Restitution
J. Shorr finds the trial court properly denied a buyer's petition to vacate an arbitration award in favor of a real estate development company and, instead, confirmed the arbitration award. The trial court “concluded that the implications of the newly discovered evidence were ambiguous and that the arbitration decision was not procured by fraud or other undue means.” Affirmed
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: August 16, 2023, Case #: A177019, Categories: Arbitration
J. Mooney finds trial court properly issued a post-judgment order that denies an individual's motion for entry of partial satisfaction of judgment in a loan dispute. The individual did not pursue a writ of execution within 10 days of the order and the sale of collateral authorized by the judgment, to satisfy the debt, did not occur.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: August 16, 2023, Case #: A175509, Categories: Attorney Fees, Contract
J. Douglas, in this interlocutory appeal, finds the district court properly determined that a collective action brought by “vocational therapy” rehab patients may proceed under the Fair Labor Standards Act. In lieu of being paid for the jobs they performed, patients’ wages were used to offset treatment services costs. The district court applied the correct legal standards in relying on relevant case law, appropriately concluding that the patients were employees under the FLSA and entitled to compensation collectively. Affirmed.
Court: 5th Circuit, Judge: Douglas, Filed On: August 16, 2023, Case #: 22-20434, Categories: Health Care, Class Action, Labor
Per curiam, the Georgia Supreme Court accepts attorney Susan Janette Lopez's petition for voluntary discipline. The attorney pleaded guilty to aggravated stalking and has voluntarily surrendered her license to practice law due to her violation of the Georgia Rules of Professional Conduct.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: August 16, 2023, Case #: S23Y1047, Categories: Judiciary, Attorney Discipline
J. Higginbotham finds the district court properly dismissed this employment dispute with prejudice, brought by the former employee of the Louisiana judicial district who was fired for making alleged racially motivated comments and Facebook posts. The judicial district lacks the capacity to be sued, the employee failed to plausibly allege that she was treated differently from anyone else and the judge who terminated the employee is entitled to qualified immunity. Affirmed.
Court: 5th Circuit, Judge: Higginbotham, Filed On: August 16, 2023, Case #: 22-30490, Categories: Judiciary, Immunity, Employment Discrimination
J. Gregory finds the lower court improperly abused its discretion in denying the defendant's motion for a sentence reduction. The defendant would be subject to two five-year mandatory minimums, rather than a five-year and a twenty-five-year mandatory minimum if sentenced for his two firearm possession in furtherance of a drug trafficking crime offenses today due to the First Step Act. Reversed.
Court: 4th Circuit, Judge: Gregory , Filed On: August 16, 2023, Case #: 21-7752, Categories: Firearms, Sentencing, Prisoners' Rights
J. Moore finds the death-row inmate's due process rights were violated when the trial court enforced his jury trial waiver at his third sentencing hearing in 2009. The three-judge panel convened to sentence him did not include the same three judges explicitly named in the waiver agreement signed before his initial trial in 1984. Additionally, the inmate is entitled to habeas relief on his ineffective assistance claim regarding his attorney's failure to seek recusal of a judge named on the panel because the judge's role as a prosecutor at a previous point in the case, including cross-examination of witnesses during the presentation of mitigation evidence, rose to the level of impermissible bias and likely violated the inmate's due process rights. Reversed in part.
Court: 6th Circuit, Judge: Moore, Filed On: August 16, 2023, Case #: 21-3404, Categories: Death Penalty, Habeas, Ineffective Assistance
J. King finds the lower court improperly awarded summary judgment and, therefore, immunity to the police officer who fatally shot the man suffering from a mental breakdown. There is still a genuine dispute of facts over whether the officer acted reasonably in shooting the Spanish-speaking man who could not understand his English commands and ultimately stood still with both his arms frozen in place and both his hands in the air in a universally recognized position of surrender. Reversed.
Court: 4th Circuit, Judge: King, Filed On: August 16, 2023, Case #: 21-2223, Categories: Negligence, Assault, Police Misconduct