178 results for 'filedAt:"2023-09-21"'.
J. Gray finds that the trial court properly granted the college's plea to the jurisdiction and dismissed the fire academy student's claims over his injuries that occurred during a demonstration in which he was sprayed in the head with water from a fire hose. There was no waiver of the college's immunity since the evidence does not show the student's injury resulted from the "operation of a motor vehicle." Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: September 21, 2023, Case #: 10-21-00070-CV, Categories: Tort, Immunity, Jurisdiction
Per curiam, the appellate division finds that the lower court properly found defendant guilty of violating prison disciplinary rules by fighting. Defendant claims he was denied witness testimony in the disciplinary hearing, but the requested witnesses declined to participate and signed refusal forms. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: September 21, 2023, Case #: CV-22-2200, Categories: Assault, Witnesses
J. Tijerina finds that the lower court did not abuse its discretion when it awarded the mother "the exclusive right to designate the primary residence of her child" in this suit affecting the parent-child relationship. Also, the record does not show that the trial court denied the father a fair trial, as he argues. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: September 21, 2023, Case #: 13-21-00457-CV, Categories: Civil Procedure, Family Law
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J. Viramontes finds that the trial court properly denied a former city employee's petition to regain the forfeited part of her pension. She forfeited some of her benefits when she pleaded no contest to felony misappropriation of public funds. The plea was a conviction for the purposes of the forfeiture statute because she admitted to every element of the charged felony. Statute is clear that a subsequent reduction to a misdemeanor, which was part of her plea agreement, has no effect on the forfeiture. Affirmed.
Court: California Courts Of Appeal, Judge: Viramontes, Filed On: September 21, 2023, Case #: B317848, Categories: Civil Procedure, Pensions
J. Gonzalez finds the maker of a Lego-based replica of the Second Beit Hamikdash, or Second Holy Temple, successfully argued its creation is sufficiently unique to qualify for copyright protection and enters judgment in his favor on counterclaims that sought to invalidate his copyrights. Notably, he pushed back against arguments that the temple's design was in the public domain and therefore not protectable by producing evidence showing the temple was in fact destroyed in 70 C.E. without any visual references in existence to base his designs on, which required him to conduct extensive research into the temple's history in order to create his design.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: September 21, 2023, Case #: 1:21cv2883, NOS: Copyrights - Property Rights, Categories: Copyright
J. Hoffstadt holds that the trial court properly concluded that an insured's loss of use of entertainment venues due to Covid-19 closures was insufficient for coverage under a commercial property insurance policy. Coverage is only available for the direct physical loss or damage to property. Policy clauses for government orders and impediments to access that include the word "event" do not expand coverage in the absence of physical loss or damage. Also, the presence of Covid-19 on a property's surfaces is not physical loss or damage. Affirmed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: September 21, 2023, Case #: B323865, Categories: Insurance, Covid-19
J. McConnell finds that the trial court properly held that the parties' right to have a jury hear their shareholder dispute would be violated if a mandatory forum selection clause were enforced. The Delaware Court of Chancery is the forum designated in the applicable certificate of incorporation, but that forum would not provide the right to a jury trial as required by the California Constitution. Affirmed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: September 21, 2023, Case #: D081670, Categories: Jury, Securities, Venue
J. Stiglich finds that the municipal court properly dismissed the petition for a writ of mandamus requested by the police auditing website owner who successfully moved to dismiss an obstruction charge and seeks to compel an award of attorney fees and litigation expenses as the prevailing party. Municipal courts are not included in the statutory definition of the term "court" in Nevada, and do not have the authority make such awards. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: September 21, 2023, Case #: 86108, Categories: Judiciary, Jurisdiction, Attorney Fees
J. Brodie denies partial final judgment to a group of film production companies on copyright claims that their 2013 documentary showcasing an aspiring dirt-bike rider and subsequent feature film infringed a set of documentaries first released in 2001 and 2003 which featured the 12 O'Clock Boyz dirt-bike stunt group. The production studios fail to argue they face undue hardship or injustice if they must wait until the court resolves several claims against one of the defendants who recently filed for bankruptcy, as well as several counterclaims.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: September 21, 2023, Case #: 1:18cv5930, NOS: Copyrights - Property Rights, Categories: Copyright
J. Garry finds that the lower court improperly dismissed a father's request to modify a visitation order due to the minor child being sexually assaulted and abused when with mother. The court needs to clearly state the basis on remittal. Reversed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: September 21, 2023, Case #: CV-23-1391, Categories: Family Law
J. Pritzker finds that the lower court improperly sentenced defendant for assault without making a determination on youthful offender eligibility, which defendant requested in the interest of justice. However, remittal is more appropriate since the discussion had not occurred before the sentencing court. Defendant's harsh sentence claims should be dismissed as academic. Vacated.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: September 21, 2023, Case #: 106889B, Categories: Juvenile Law, Sentencing, Assault
J. Orme finds that the Labor Commission properly upheld an administrative court award of past and future medical expenses and total disability compensation based on a medical panel's finding that a worker's respiratory and other medical problems were caused by workplace exposures. The administrative court was within its discretion to appoint a second medical panel after the first panel left the issue of causation unanswered. Also, a scientific consensus about whether isocyanates cause chronic eosinophilic pneumonia was not required as the second medical panel was able to support its conclusion with substantial facts and expertise. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: September 21, 2023, Case #: 20220037-CA, Categories: Workers' Compensation
J. McKeown finds that the district court properly denied ZoomInfo Technologies' motion to strike a class complaint under California’s anti-SLAPP law on the alternative ground that the complaint fell within the public-interest exemption to the anti-SLAPP law. The class lead alleges that ZoomInfo did not obtain her permission or compensate her when it used her name and likeness in its online directory to promote its product. At this stage, the class lead has plausibly pleaded that she suffered sufficient injury to establish constitutional standing to sue. Affirmed.
Court: 9th Circuit, Judge: McKeown, Filed On: September 21, 2023, Case #: 22-35305, Categories: Anti-slapp, Class Action
J. Khalsa denies, in part, the city's motion to dismiss, ruling the just-cause termination and definite-tenure provisions of the city administrator's employment contract override any at-will employment provisions and grant her a protected property interest in her job; therefore, the lack of hearings or any explanation for her termination create a plausible due process claim.
Court: USDC New Mexico, Judge: Khalsa, Filed On: September 21, 2023, Case #: 1:22cv802, NOS: Employment - Civil Rights, Categories: Employment, Due Process, Contract
J. Pennell finds that the lower court improperly denied a motion for an order for limited dissemination in a landlord and tenant dispute. The lower court denied the request without determining all of the proper good cause factors and appears to have denied it on improper standards. New proceedings to determine the merits of the request are necessary. Reversed.
Court: Washington Court Of Appeals, Judge: Pennell, Filed On: September 21, 2023, Case #: 39089-6-III, Categories: Landlord Tenant
J. Hixson finds the trial court properly denied the grandparents and emergency coguardians of their daughter’s child’s motion to disqualify their daughter's attorney. The attorney worked in a law firm with a now deceased lawyer who represented the grandparents against their daughter in the initial guardianship proceedings and was responsible for disposing of his files. The trial court found the attorney’s testimony showing a lack of knowledge of confidential information was credible, and the grandparents’ evidence failed to show the attorney gained knowledge of any information that would jeopardize the trial’s integrity. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Hixson, Filed On: September 21, 2023, Case #: 120831, Categories: Family Law, Guardianship
J. Cabret finds against the government hospital in its appeal of a superior court order denying its motion for a bench trial in the patient's lawsuit over what he claims was the hospital's staff's negligence in failing to properly diagnose and treat his broken pelvis after he was in a car accident. Because the question of whether the hospital is entitled to a bench trial instead of a jury trial given of its potential waiver of sovereign immunity and the details of the Tort Claims Act is "effectively reviewable" after the lower court's final judgment, essential requirements for review are not satisfied and there is not yet jurisdiction to hear the hospital's interlocutory appeal, which is dismissed.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: September 21, 2023, Case #: 2023 VI 11, Categories: Tort, Jurisdiction, Medical Malpractice
J. Myers partially denies a university's motion to dismiss gender discrimination and retaliation allegations brought by a women's volleyball head coach after the university fired her and replaced her with a man. Although the coach had a stellar track record regarding team wins, she complained multiple times of Title IX violations by the university, which she claims consisted of higher amounts of funding and facility renovations for men's teams. At the same time, student athletes accused the coach of creating a toxic culture through intimidation and manipulation. The university fired her on the grounds of toxicity, but she states a reasonable claim of discrimination and retaliation since the university replaced her with a male coach with very little experience shortly after she complained.
Court: USDC Eastern District of North Carolina, Judge: Myers, Filed On: September 21, 2023, Case #: 4:22cv30, NOS: Education - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation