120 results for 'filedAt:"2023-10-05"'.
J. Dale grants a bank's motion for summary judgment in a dispute over a business loan. The business defaulted on the loan by failing to make payments, filing to cure the liquidity requirement, and failing to replenish the reserve account minimum balance. The business has not appeared through an attorney within 21 days of withdrawal of their counsel and have not raised any evidence to dispute the material facts.
Court: USDC Idaho, Judge: Dale, Filed On: October 5, 2023, Case #: 1:23cv77, NOS: Other Contract - Contract, Categories: Contract
J. Melgren rules a group of dissolved credit unions may pursue distribution of property against a national union administration board. The dissolved credit unions sufficiently showed in court that their claims are based on personal ownership rights to a claim receipt, and that the motion is not barred by a three- year survival statute.
Court: USDC Kansas, Judge: Melgren, Filed On: October 5, 2023, Case #: 2:23cv2155, NOS: Other Statutory Actions - Other Suits, Categories: Property
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J. Westbrook finds the trial court improperly granted the ex-wife awards for alimony and attorney and expert fees in an unequal distribution of community property and debt in the divorce decree. The court improperly adopted the wife’s proposed findings of fact and conclusions of law in its entirety, without modification. Though this does not in itself constitute an abuse of discretion, portions contain numerous legal and factual deficiencies. On remand, the court must reevaluate the awards. Reversed and remanded.
Court: Nevada Court of Appeals, Judge: Westbrook, Filed On: October 5, 2023, Case #: 84427-COA, Categories: Family Law, Property, Due Process
J. Doyle finds that the trial court improperly dismissed the couple's negligence action against the individual arising from a car collision. The trial court incorrectly found that it lacked discretion to allow the couple to amend their action to add the individual's daughter as a defendant after the statute of limitation expired. The case is remanded so the trial court can determine whether the couple met the relation-back conditions in the statute. Vacated.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: October 5, 2023, Case #: A23A0689, Categories: Negligence
Per curiam, the appellate division finds that attorney John Hogan may be reinstated from his two-year suspension for failing to properly communicate with clients and knowingly misleading a misconduct investigation. Reinstatement was previously denied, but Hogan has established he possesses a support system of attorneys and judges to mentor him upon his return to practice.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 5, 2023, Case #: PM-227-23, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Nuria Haltiwanger may be reinstated following her October 2021 suspension for failing to meet attorney registration requirements because Haltiwanger complied with the suspension order and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 5, 2023, Case #: PM-236-23, Categories: Attorney Discipline
J. Owens finds that the lower court improperly reversed an order that granted a Sexual Assault Protection Order against an individual after they were accused of nonconsensual sex by another. The lower court reversed the order on the grounds that the trial court should have considered the man's affirmative defense, but doing so would go against the plan language of the statute. A protection order of this kind is intended to provide sexual assault victims with civil remedies separate from criminal code, and the law governing those orders clearly omits affirmative defenses. Reversed.
Court: Washington Supreme Court, Judge: Owens, Filed On: October 5, 2023, Case #: 101330-2 , Categories: Civil Procedure, Restraining Order
J. Bushong finds the tax court properly determined that ORS 308.624(4) precluded the Department of Revenue from reducing the assessed value of taxpayer’s property for earlier years. “The department’s general authority…to correct errors in valuation must give way to the specific prohibition.” Affirmed.
Court: Oregon Supreme Court, Judge: Bushong, Filed On: October 5, 2023, Case #: S069563, Categories: Tax
J. Heil denies the plaintiffs' request for a preliminary injunction in this lawsuit challenging the constitutionality of the state's Senate Bill 613, which prohibits healthcare providers from knowingly providing "gender transition procedures to any child." The court concludes that the plaintiffs, which include transgender youth and their parents, have not shown a likelihood of success on the merits of their equal protection and due process claims.
Court: USDC Northern District of Oklahoma , Judge: Heil, Filed On: October 5, 2023, Case #: 4:23cv177, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Health Care, Lgbtq
J. Johnson finds defendant's robbery conviction must be vacated. His attempted theft of several items from Target did not constitute a taking by force because the undercover employee never had possession of the goods and was merely nearly them when defendant attempted to exit the store. Vacated.
Court: Colorado Court Of Appeals, Judge: Johnson, Filed On: October 5, 2023, Case #: 2023COA92, Categories: Evidence, Robbery
Per curiam, the appellate division finds that attorney Youn Joon Han may be reinstated following his September 2022 suspension for failing to meet attorney registration requirements because Han complied with the suspension order and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 5, 2023, Case #: PM-235-23, Categories: Attorney Discipline
J. Brown finds that the district court should not have determined that a hospital was not the statutory employer of a parking lot cashier under the management agreement between the hospital and parking company. The statutory employer relationship between the hospital and parking company was valid, and the hospital and parking company were to be liable jointly and in solido to pay workers’ compensation benefits. Further, accessible and dedicated parking is an essential part of the hospital's ability to provide service and care for its patients. Therefore, the cashier's tort injury claim against the hospital is dismissed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: October 5, 2023, Case #: 2023-C-0494, Categories: Employment, Tort
J. Belsome finds that a juvenile was properly adjudicated delinquent for armed robbery, unauthorized use of a motor vehicle, and illegal possession of a firearm by a juvenile. In this case, a police officer identified a key fob recovered off of the juvenile's person that activated the stolen vehicle. Further, the vehicle had been reported stolen in a carjacking, and the police officer identified the juvenile as walking away from the stolen car and wearing a jacket that had a gun concealed in it. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: October 5, 2023, Case #: 2023-CA-0412, Categories: Evidence, Juvenile Law
J. Johnson finds that the district court properly determined a stepdaughter to be the sole owner of a disputed property. The decedent, the original owner of the property, executed a Counter Letter in 1999 declaring the stepdaughter as the owner, and the letter does not require the stepdaughter to pay off the mortgage. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: October 5, 2023, Case #: 2023-CA-0013, Categories: Family Law, Property, Contract
J. Welling finds the lower court properly found for an insurer in an uninsured motorist coverage dispute. While the driver involved in the crash was not specifically listed as an excluded driver in the insurance policy's uninsured motorist benefits section, the policy language unambiguously excluded her from all coverage when it listed her at the outset of its declarations. Affirmed.
Court: Colorado Court Of Appeals, Judge: Welling, Filed On: October 5, 2023, Case #: 2023COA94, Categories: Insurance, Vehicle, Contract
J. Hull finds the trial court properly entered summary judgment in favor of the school district in this personal injury suit brought by the volunteer worker who was injured in a fall off the school’s auditorium stage during a spelling bee. A governing resolution converts the volunteer’s status to that of an employee under the Workers Compensation Act, rendering workers’ compensation the volunteer’s sole and exclusive remedy. Affirmed.
Court: California Courts Of Appeal, Judge: Hull, Filed On: October 5, 2023, Case #: C092691, Categories: Tort, Negligence, Workers' Compensation
Per curiam, the Fifth Circuit finds the district court improperly granted summary judgment in favor of the University of Texas in this employment retaliation suit brought by a Hispanic tenured professor who complained of pay inequity. The professor has provided evidence of a causal link between his report and retaliatory acts. Immediately after he circulated his report, the department chair made a comment about disbanding the equity committee, then restructured it by creating subcommittees, diluting the professor’s responsibilities. He was then removed from the committee, which is enough for a reasonable juror to see a causal link between the protected activity and UT’s adverse actions. Reversed and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 5, 2023, Case #: 23-50036, Categories: Education, Evidence, Employment Retaliation
J. Murphy finds the voters' rights groups' First Amendment claims regarding distribution of absentee ballot registration forms - prohibited under Tennessee law - deal with expressive conduct and not political speech, which subjects them to a lower level of scrutiny than the Anderson-Burdick balancing test. Nothing in the law restricts the groups from expressing their opinions and urging individuals to register to vote via absentee ballot, and because it does not affect the outcome of their speech, it does not violate their First Amendment rights. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: October 5, 2023, Case #: 22-5028, Categories: Elections, First Amendment
J. Lipinsky finds the individuals who petitioned to have "Gender Queer: A Memoir" removed from a public library are library users under the Colorado Open Records Act and, therefore, their personal information was exempt from disclosure under the Act and properly redacted by the library. The reconsideration forms filled out by the petitioners are part of a service provided by the library, which entitles them to protection under the Act and prevents the public records requester from knowing their identities. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: October 5, 2023, Case #: 2023COA93, Categories: Civil Procedure, Public Record
J. Sessions denies a nursing home’s motion for summary judgment in a disability discrimination claim of violation to the Fair Housing Act, Americans with Disabilities Act, Rehabilitation Act and Vermont Fair Housing and Public Accommodations Act. The nursing home denied the decedent admission due to a lack of space putting her on a waitlist; her daughter argues it was because of her mother’s mental illness. Considering all evidence, the jury could find fact and conclude the actions were in fact discrimination.
Court: USDC Vermont, Judge: Sessions III, Filed On: October 5, 2023, Case #: 2:20cv153, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Housing
Per curiam, the appellate court denies the mother’s petition for mandamus, filed seven months after her divorce, seeking the return of her children pending investigation into her allegations of the father’s sexual abuse. The divorce decree appoints the father as the children’s sole managing conservator, naming the mother as a possessory conservator. It also found “that neither possession nor access by [the mother] to the children ... would be in the best interest of the children and that it is not in the best interest of the children for the parties to share possession of the children pursuant to a Standard Possession Order.” The mother fails to establish an abuse of discretion.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 5, 2023, Case #: 09-23-00288-CV, Categories: Family Law, Guardianship