124 results for 'filedAt:"2023-10-06"'.
J. Dale grants in part the government's motion for summary judgment and denies cross-motions to compel regarding an individual's outstanding federal tax assessments. The individual has never filed a 1040A return, has not filed a federal income tax return for multiple tax years and did not file a petition with the tax court challenging the proposed tax assessments. The individual has not presented evidence contesting the amounts of the tax assessments or the validity of the liens.
Court: USDC Idaho, Judge: Dale, Filed On: October 6, 2023, Case #: 2:19cv421, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: Tax
J. Berger denies plaintiffs, transgender women, a temporary restraining order to prevent state officials from enforcing laws concerning use of public restrooms during a planned visit to Florida for a transgender march because plaintiffs failed to name official policies or laws causing them harm and failed to establish likely success on the merits.
Court: USDC Middle District of Florida, Judge: Berger, Filed On: October 6, 2023, Case #: 6:23cv1887, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights
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Per curiam, the appellate division finds that the trial court improperly held that a church was the sole owner of property at issue because attempting to make decisions about the requested relief would require impermissible inquiry into religious doctrine or practice. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 6, 2023, Case #: CA 22-01328, Categories: Property
J. Wilson grants the petition for panel rehearing of this insurance coverage dispute arising out of state litigation involving the strip clubs’ use of models’ likenesses in advertising without their consent. The district court improperly construed the policies at issue as providing coverage. According to the policy, the insurance company has “no duty to defend the insured against any ‘suit’ seeking damages for ‘personal and advertising injury.’” Its duty to indemnify depends on final resolution of the state case. Reversed. Rendered in part, and remanded.
Court: 5th Circuit, Judge: Wilson, Filed On: October 6, 2023, Case #: 22-20473, Categories: Insurance, False Advertising
J. Edwards finds the trial court made improper financial rulings in its final judgment in favor of the former wife in the dissolution of her and the former husband's marriage. The trial court in part erred by ordering permanent alimony payments of $3,000 per month which exceed the husband's ability to pay and a payment of $36,000 in retroactive alimony without making specific findings about the wife's need and the husband's ability to pay, so the trial court's final judgment is overturned and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Edwards, Filed On: October 6, 2023, Case #: 22-0466, Categories: Family Law, Contract
J. Rubin finds there is substantial evidence to support that a child welfare organization had reasonable cause to believe that a stepfather sexually abused his minor stepson. While the stepson had recanted two previous sexual abuse claims against his stepfather, his mother spoke with him before he recanted on both occasions, and may have influenced him to do so. Furthermore, the stepson engages in physical behaviors that are common in survivors of sexual abuse.
Court: Massachusetts Court Of Appeals, Judge: Rubin, Filed On: October 6, 2023, Case #: 22-P-35, Categories: Family Law, Juvenile Law, Assault
J. Zilly grants the bioinformatics engineer's motion for judgment on the record in this case concerning the denial of benefits under a long-term disability insurance policy. The individual was diagnosed with numerous medical diagnoses, and the insurance provider denied her claim when it determined the policy was not effective during the incurred date. The company is ordered to pay the long-term disability claim with the offset of her social security disability benefits or any other income from this order date until to the end of maximum benefits.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: October 6, 2023, Case #: 2:21cv1424, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance
Per curiam, the appellate division dismisses this challenge to the state rule requiring personnel from hospitals and other covered entities to be fully vaccinated against Covid-19 where medical exemptions do not apply because the regulation has been repealed, and the issue is not likely to recur given the extraordinary circumstances of the Covid-19 pandemic. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 6, 2023, Case #: CA 23-00161, Categories: Civil Procedure, Civil Rights, Covid-19
J. Harris finds the trial court improperly denied defendant's post-conviction motion claiming multiple instances of ineffective assistance of counsel at his trial for felony theft, fleeing and other charges. Portions of two of defendant's claims involving his counsel's alleged failure to obtain traffic camera footage and advise him to take a plea offer are not refuted by the record, so those portions of the trial court's order are overturned and remanded for the attachment of records or an evidentiary hearing. On remand the trial court also must allow defendant to amend another claim involving his counsel's failure to call a witness who reached out to the public defender's office before the trial. Reversed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: October 6, 2023, Case #: 23-0818, Categories: Criminal Procedure, Ineffective Assistance, Theft
Per curiam, the appellate court finds the trial court properly convicted defendant for continuous sexual abuse of his 10-year-old daughter. All evidence, including forensic examiner testimony that the child had been vaginally and anally penetrated support the conviction. Defendant’s mother testified that she observed inappropriate behavior and was thrown out of the house when she confronted him. The victim’s half-sister testified that defendant began touching her when she was in elementary school, eventually having intercourse with her and impregnating her when she was 14 and giving her abortion pills. Counsel’s motion to withdraw is granted. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 6, 2023, Case #: 12-22-00240-CR, Categories: Evidence, Sex Offender, Child Victims
J. Morrison denies the university's motion for summary judgment, ruling the female professor's comparators create a question of fact as to whether she was treated differently when she signed a contract with a government agency for consulting services, an action for which several male colleagues were never investigated, much less fired.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: October 6, 2023, Case #: 2:19cv4162, NOS: Other Civil Rights - Civil Rights, Categories: Education, Employment Discrimination
J. Miller-Lerman finds the district court properly granted summary judgment to the insurance company in this dispute over underinsured motorist coverage. After the injured driver settled with the at-fault driver’s insurance for $25,000, and for another $25,000 with the provider for the borrowed vehicle she was operating, it was determined that she had been fully compensated. A limitations of action policy provision states that “any suit … will be barred unless commenced within two years.” The policy was purchased in Iowa, and the Iowa two‑year policy limitation bars the action according to the policy’s choice of law provision. Affirmed.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: October 6, 2023, Case #: S-22-898, Categories: Insurance, Vehicle, Choice Of Law
J. Neeley finds the trial court properly ordered the mother’s children returned from the father in Israel. After the parents married in the U.S. and the mother become pregnant with twins, the Israeli-citizen father returned to Israel and divorced the mother because she was not Jewish. The mother travelled to Israel, where she gave birth, then returned with the children to the US. The father then had a petition granted for the children’s return to Israel. The children’s residence for two years has been Texas. Though the father says that he did not receive sufficient notice of the hearing on the mother’s motion, the matter before the court does not implicate the deprivation of his liberty interest in custody, but the correct physical location of the twins. The expired date for the children’s return is modified. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: October 6, 2023, Case #: 12-23-00042-CV, Categories: Family Law, International Law, Guardianship
[Consolidated]. J. Wollman finds a lower court properly convicted two defendants for conspiracy to distribute 400 grams of drug mixtures including fentanyl. The first defendant argued that the lower court abused discretion when it forced him to appear handcuffed and shackled in court. Defendant number two argued that his conviction was based on lack of evidence to support his drug offense. However, the government presented sufficient evidence in court that the first defendant was restrained for threatening prosecutors and staff during trial, and that the second defendant possessed a firearm and drugs, which was backed up by overwhelming evidence. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: October 6, 2023, Case #: 22-2869, Categories: Drug Offender, Evidence, Conspiracy
[Consolidated.] J. Mawla finds that the trial court improperly held that property damage adjusters violated state licensing law on grounds that contracts failed to include proper language about customer rights and costs to the insured. The state banking commissioner misinterpreted state law to allow cancellation of contracts with public adjusters at any time, while the law requires all adjuster contracts to contain lists of services to be rendered. Reversed in part.
Court: New Jersey Appellate Division, Judge: Mawla, Filed On: October 6, 2023, Case #: A-3422-21, Categories: Licensing, Banking / Lending, Contract
J. Ecker finds the trial court properly ruled in favor of the home health care company on claims of tortious interference with a contract against its competitor. Statements made by the competitor's executive during litigation against a state agency regarding implementation of a new billing system were verifiably false and allowed the competitor to poach more than 80 clients when the home health care company's contract was terminated by the agency. Repeated statements from an executive that his company did not plan to implement the new billing system and would not poach clients also allowed the home health care company to prove damages in excess of $118,000 based on lost clients. Affirmed.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: October 6, 2023, Case #: SC20642, Categories: Fraud, Health Care, Interference With Contract