149 results for 'filedAt:"2023-10-12"'.
J. Duncan finds the district court improperly determined that the city lacked reliable evidence to justify an ordinance requiring licensed sexually oriented businesses like cabarets, escort agencies and adult video stores to close between 2 and 6 a.m., and entered preliminary injunction against the ordinance. The ordinance was backed by ample data from the city’s police task force, other comparable cities and academic research supporting a link between these businesses’ late-night operation and increased crime. The injunction is vacated and the matter is remanded.
Court: 5th Circuit, Judge: Duncan, Filed On: October 12, 2023, Case #: 22-10556, Categories: Evidence, Municipal Law, Injunction
J. Smith finds the district court properly dismissed the removal and appropriations clause claims brought by the private shareholders of Fannie Mae and Freddie Mac. The uncertain and speculative arguments in the shareholders’ amended complaint stating that “but for the removal restriction” the Trump Administration would have exited the conservatorships and returned the companies to private control cannot survive dismissal. Cited case law does not change the law with respect to the appropriations clause and cannot be an intervening change in law that justifies ignoring the mandate rule. Affirmed.
Court: 5th Circuit, Judge: Smith, Filed On: October 12, 2023, Case #: 22-20632, Categories: Government, Securities, Banking / Lending
J. Christopher finds that the trial court properly terminated the father's parental rights to his child based on sufficient evidence of endangering conduct. The father had a "history of incarceration" and criminal conduct that subjected the child to a "life of uncertainty and instability." Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: October 12, 2023, Case #: 14-23-00377-CV, Categories: Evidence, Family Law
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J. Cadish finds the trial court properly granted the insurer’s motion to dismiss this dispute over coverage sought by the first deed of trust holder, Deutsche Bank, to recover loss of interest in the foreclosed-upon property through its title insurance policy. Assessment obligations arise when due and determine the superiority of the lien over the first security interest by reference to that due date. The assessment lien that extinguished Deutsche Bank’s deed of trust arose seven years after the date of policy and this post-policy lien does not fall within the scope of the applicable title endorsement. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish, Filed On: October 12, 2023, Case #: 84161, Categories: Insurance, Property, Banking / Lending
J. Coleman denies a group of credit holders’ motion for class certification. The group claims a credit bureau misled them about the accuracy and popularity of its “VantageScore 1.0” credit score system, with the prospective class representative specifically alleging that he was denied a car loan because the bureau did not tell him that his VantageScore differed significantly from the FICO score that the auto loan dealer used. However, the court finds that the prospective class representative’s testimony is inconsistent, and that he has not sufficiently shown the adequacy of his proposed class.
Court: USDC Northern District of Illinois, Judge: Coleman, Filed On: October 12, 2023, Case #: 1:14cv1850, NOS: Consumer Credit - Other Suits, Categories: Consumer Law, Banking / Lending, Class Action
J. Johnson finds the trial court improperly granted the mother’s motion to retroactively modify child support. Such an order should be based solely on clerical discrepancies between oral pronouncements and written orders. The retroactive order amounted to a substantive change from the judgment as it provided that the father would stop paying support only after the youngest child reached 18, altering the monthly amount to provide a monthly “step-down” for the third child once the twins turned 18 and until the youngest child did too. Reversed and rendered.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: October 12, 2023, Case #: 09-22-00327-CV, Categories: Family Law, Due Process, Contract
J. Kemp finds the trial court properly convicted defendant for multiple counts of rape, sexual assault and sexual indecency with five victims between the ages of eight and 11, sentencing him to two life terms in prison. Forensic interview and examination of the victims supports the convictions. Statements made by one of the victims to a family friend about her parents trading the victims for sex and drugs and about the alleged sexual conduct between the girls, their father and their brother are highly inflammatory and outweigh any probative value regarding the victims’ sexual propensities. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp, Filed On: October 12, 2023, Case #: CR-22-461, Categories: Evidence, Sex Offender, Child Victims
J. Hiland finds the circuit court properly denied the citizens’ petition for declaratory judgment and writ of mandamus challenging the certification of a city council election won by an individual who had been notified that his name was missing from the list of registered voters and was not a “qualified elector” able to take office. Despite the absence of the candidate’s name from the voter list, he was a registered voter and therefore a “qualified elector.” The appeal is dismissed as moot.
Court: Arkansas Supreme Court, Judge: Hiland, Filed On: October 12, 2023, Case #: CV-23-183, Categories: Elections, Municipal Law
J. Webb finds the trial court properly convicted defendant for aggravated residential burglary, attempted murder, battery, breaking or entering, theft of a firearm and criminal impersonation of an FBI officer. Extensive evidence, including police body cam video and victim and police testimony, shows that defendant and an accomplice robbed a farmhouse and shot the owner in the neck. The jury was properly instructed on the use of certain transcripts. No prosecutorial misconduct is found as regards the alleged failure to disclose the publicly available guilty plea of the accomplice. Defendant was properly sentenced to terms amounting to over life in prison as a habitual offender with multiple enhancements. The Arkansas Supreme Court grants counsel’s motion to withdraw. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb, Filed On: October 12, 2023, Case #: CR-23-22, Categories: Burglary, Evidence, Battery
J. Deguilio allows plaintiff to continue claims contending a company refused to replace a defective recreational vehicle that burst into flames, destroying the vehicle and the property inside it, because the unusual event of an RV bursting into flames would not constitute an inherent risk, and repairing the vehicle would be impossible.
Court: USDC Northern District of Indiana, Judge: Deguilio , Filed On: October 12, 2023, Case #: 3:23vc218, NOS: Other Contract - Contract, Categories: Negligence, Product Liability, Warranty
J. Lewison finds a lower court properly dismissed a tenant's contract claims against a property owner. The tenant argued that the property owner wrongfully denied it a new lease, in violation of the Landlord and Tenant Act. However, the property owner sufficiently showed in court that the tenant failed to timely pay rent and refused to maintain the premises. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: October 12, 2023, Case #: CA-2023-285, Categories: Landlord Tenant, Negligence, Contract
J. Fisher finds that the workers' compensation board properly held that the leader of a highway maintenance crew had died due to job-related reasons after he returned to work following spinal fusion surgery. The crew leader had preexisting heart disease, but evidence presented by the widow's expert demonstrated that "arduous" exertion required so soon after surgery contributed to the fatal cardiac arrhythmia. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: October 12, 2023, Case #: 535424, Categories: Experts, Workers' Compensation
J. Vargas finds petitioners are entitled to a writ of mandamus to prevent further distribution of federal funds by the governor under the 2021 American Rescue Plan Act. Despite previous rulings regarding allocation of federal funds, no bright-line rule establishes whether such money falls under control of the executive or legislative branches; rather, this court must determine on a case-by-case basis whether specific funds are under the purview of the governor or the legislature. In this case, the broad discretion left to states in administering distribution of federal funds included in the 2021 American Rescue Plan Act requires the money be placed under the control of the legislature, as the governor would be unable to distribute the funds without infringing on the legislative branch's "constitutional duty to appropriate."
Court: New Mexico Supreme Court, Judge: Vargas, Filed On: October 12, 2023, Case #: S-1-SC-38996, Categories: Constitution, Government, Covid-19
J. Hodges finds that the trial court improperly granted defendant's general demurrer to a count in an indictment charging her with improper sexual contact by an employee. The trial court incorrectly found that the statute criminalizes only in-person acts, not the electronic transmission of a photo of defendant's genitals to a minor over the age of 16. Defendant, a teacher, sent the photo through Instagram to a student. The indictment properly charged defendant with a crime pursuant to the statute. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 12, 2023, Case #: A23A0888, Categories: Sex Offender
J. Dato finds the trial court properly denied defendant’s petition for resentencing from his murder conviction arising from his participation as accomplice in a gang-related shooting. The petition has been addressed in an earlier opinion by this court and there is no change in the ruling. The opinion is modified with a footnote referring to a cited case in which the law at the time “did not require the jury to find that [he] personally acted with malice,” and certain other syntactical and grammatical changes to clarify descriptions of accomplice liability.
Court: California Courts Of Appeal, Judge: Dato, Filed On: October 12, 2023, Case #: D080779, Categories: Murder, Accomplice Liability
Per curiam, the circuit finds that the district court should have set aside defendant's conviction for cocaine distribution because defendant plausibly contends counsel advised a direct appeal could not be filed due to the plea deal.
Court: 2nd Circuit, Judge: Per curiam, Filed On: October 12, 2023, Case #: 22-13, Categories: Ineffective Assistance, Plea
J. Graham finds the circuit court properly determined that around $82,000 in funds in two joint accounts held by the daughter and her deceased father are the property of the father's estate, rebutting the statutory presumption that joint account funds go to the surviving party after one party's death. The estate provided clear and convincing evidence that the father intended to create "accounts of convenience" so the daughter could access the accounts' funds with his oversight and for his benefit, not joint accounts for which the daughter would be the sole beneficiary upon his death. The circuit court's decision on the estate funds was largely based on admissible evidence about the father's intentions for the accounts, and any erroneously admitted evidence did not significantly impact the proceeding's outcome. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Graham, Filed On: October 12, 2023, Case #: 2022AP002036, Categories: Wills / Probate, Contract
J. Rosenthal refuses to dismiss a Houston-based company's action seeking more than $1 million in damages against two of its former executives who face criminal action in Mexico. Contrary to their argument, U.S. law, rather than Mexican law, applies to the case; therefore, they are not shielded from providing discovery of documents that may be incriminating.
Court: USDC Southern District of Texas, Judge: Rosenthal , Filed On: October 12, 2023, Case #: 4:22cv3385, NOS: Other Contract - Contract, Categories: Energy, Choice Of Law, Contract
Per curiam, the appellate division finds that the lower court improperly denied the landlord's partial motion for summary judgment on the tenant's breach of guaranty and awards it $37,000 for water and sewer charges and repayment of the brokerage commission. However, claims regarding the constitutionality of the guaranty law must be remanded for further development of the record. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 12, 2023, Case #: 05180, Categories: Landlord Tenant