140 results for 'filedAt:"2023-10-18"'.
J. Jordan finds a woman can continue with some of her civil rights claims against the county and a police officer who arrested her when she attempted to intervene in her friend's arrest. The First Amendment, unlawful-arrest and excessive force claims against the officer survive, and her conditions-of-confinement and unlawful strip search claims against the county are plausible.
Court: USDC Southern District of Mississippi , Judge: Jordan, Filed On: October 18, 2023, Case #: 3:22cv508, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Due Process, Police Misconduct
J. Neeley finds the trial court properly convicted defendant for possession with intent to deliver meth, sentencing him to 65 years in prison. Defendant did not file a pretrial motion to suppress challenged evidence, and did not object when a shotgun, a jar containing 8-balls of meth, and a rifle, magazine, and ammunition were offered into evidence. His challenge to suppress the evidence obtained through warrant is not preserved for review. All evidence is sufficient to support the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: October 18, 2023, Case #: 12-22-00283-CR, Categories: Drug Offender, Evidence, Search
J. Grasham, in a report and recommendation, finds that an individual's motion for entry of default judgment should be denied in a warranty and repair dispute. The dealership's failure to timely answer does not warrant an entry of default judgment.
Court: USDC Idaho, Judge: Grasham, Filed On: October 18, 2023, Case #: 1:22cv449, NOS: Other Contract - Contract, Categories: Contract
J. Nye denies cross-motions to compel regarding an employee relator's allegations of false claims. The False Claims Act does not allow a relator to serve a defendant until the government decides whether it wishes to intervene or to allow the relator to proceed on the government's behalf. The government has moved for dismissal of all claims except the employee's unlawful employment retaliation claim. The employer has not shown that the employee has "possession, custody, or control of any additional medical documents." The employee's "requests are overbroad and would be unduly burdensome to produce."
Court: USDC Idaho, Judge: Nye, Filed On: October 18, 2023, Case #: 4:16cv226, NOS: False Claims Act - Torts - Personal Injury, Categories: Employment, False Claims, Employment Retaliation
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J. Silva denies the environmental advocacy group’s motion for a preliminary injunction to halt a watershed restoration project, arguing that the environmental assessment violates the Administrative Procedure Act and environmental and land management policies. The Bureau of Land Management has found that delaying the project will allow the establishment of invasive trees to continue, reducing indigenous sagebrush. This will reduce usable habitat for the greater sage-grouse and other species. Interference with the ability of visitors to enjoy the woodlands does not weigh as substantially as other matters.
Court: USDC Nevada, Judge: Silva, Filed On: October 18, 2023, Case #: 2:23cv435, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Environment, Evidence, Agency
J. Wolfe vacates the judgments of the district court that ruled against the Louisiana Department of Health and ordered it to release $1.7 million to the contractor. The hearing on the merits of the agency's exceptions was improperly held without providing the agency proper notice of the hearing. Vacated.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: October 18, 2023, Case #: 2023CA0068, Categories: Medicaid, Agency, Contract
J. Miller finds that the trial court improperly granted summary judgment and dismissed the motorist's claims against the insurer of a driver who allegedly caused an auto accident. The insurer did not establish that the policy holder "had the intent to deceive" when he said in the application that the vehicle would be located in Texas as opposed to Louisiana. Reversed.
Court: Louisiana Court Of Appeal, Judge: Miller, Filed On: October 18, 2023, Case #: 2023CA0157, Categories: Insurance, Tort, Choice Of Law
J. Gremillion finds that the workers' compensation judge improperly ruled in favor of the painter on his claim for benefits after he fell off a roof while installing Christmas lights. The painter was not a covered employee under the Workers’ Compensation Act since he was working at an individual's private residence and did not receive more than $1,000 for the work. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gremillion, Filed On: October 18, 2023, Case #: WCW-22-727, Categories: Employment, Workers' Compensation
J. Perry finds that defendant was properly convicted and sentenced on counts of pornography involving juveniles under age thirteen. There was sufficient evidence to support the jury's conclusion that the pornography found on defendant's computer was his and not that of a different individual who had been at his apartment. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: October 18, 2023, Case #: KA-23-95, Categories: Evidence, Sex Offender
J. Welch finds that the trial court properly partitioned the community property and awarded the ex-wife permanent spousal support. The paint company was properly valued at $202,000 based on the testimony of a CPA who was "certified in business evaluations." Also, the ex-wife was correctly awarded $300 in monthly spousal support since she was "free from fault" for the breakup of the marriage, and the parties' respective income and expenses supported that amount. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: October 18, 2023, Case #: 2023CA0145, Categories: Family Law, Property
J. Warner finds that the trial court improperly denied a mother's emergency motion to pickup her minor child from the father because the father refused to return the child to the mother, who has primary custody. Reversed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: October 18, 2023, Case #: 4D2023-0787, Categories: Family Law
J. Lobree finds the trial court improperly denied the college's motion to offset a larger judgment in its favor against a smaller judgment in another lawsuit in favor of a firm disputing with the college over the denial of its proposal for a public-private partnership the college solicited for the development of publicly owned property in Miami. The trial court's order was incorrect in part because it created an absurd result in which the college cannot collect on its judgment due to the firm's insolvency but the firm can collect on its judgment and "receive a windfall," so its order is overturned and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: October 18, 2023, Case #: 20-1014, Categories: Enforcement Of Judgments, Contract
J. Ditkoff reverses a judgment dismissing a bus driver’s complaint against his employer and a man who fell unconscious behind the wheel and rear-ended his bus. A medical expert testified that the man and his employer should have been aware of his excessive sleepiness and the danger it posed for him to operate a vehicle based on his untreated sleep apnea even if they weren’t aware of his sleep apnea because it is not an acute condition. While the man claimed he had no memory of lethargy leading up to the accident, he also claimed he had no memory at all of the weeks leading up to the accident, so it’s possible he had experienced excessive sleepiness while driving in that time.
Court: Massachusetts Court Of Appeals, Judge: Ditkoff, Filed On: October 18, 2023, Case #: 21-P-740, Categories: Vehicle, Damages, Negligence
J. Miller finds that the trial court improperly granted the sellers' motion to cancel a notice of lis pendens filed by the buyer on an apartment complex. The order arose out of a breach of contract action brought by the sellers in a dispute over the failed sale of the apartment complex. The buyer's counterclaims were related to its alleged interest in the property, therefore the trial court incorrectly found that the property was not involved in the counterclaims under the meaning of the statute. Reversed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: October 18, 2023, Case #: A23A0727, Categories: Property, Contract
J. Chasanow grants in part Maryland’s attorney general and three Montgomery County police employees’ motions to dismiss in the suit they face from a resident challenging the constitutionality of state laws that criminalize harassment via phone and electronic mail. It is not in the public interest to prohibit state officials from prosecuting under the anti-harassment law, “in effect giving [plaintiff] carte blanche to harass MCPD employees via phone and email, prior to determining the constitutionality of those laws.” The individual’s motions for preliminary injunction, restraining order, summary judgment and to disqualify counsel are all denied because he has failed to produce any evidence other than a copy of an email.
Court: USDC Maryland, Judge: Chasanow, Filed On: October 18, 2023, Case #: 8:23cv338, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Tort
J. D'Alessandris denies the Army’s motion to strike certain counts from the contractor’s appeal from the denial of its claim for costs incurred in maintaining financial records for audit during its contract for services to the Army Communications-Electronics Command at Fort Hood, Texas. The contracting officer repeatedly delayed acting on the contractor’s indirect rate letters, which resulted in further costs of maintaining an office. Parts of the complaint that the Army alleges require a sum certain do not constitute separate claims but are part of the contractor’s complaints about the manner in which the Army administered the contract. The claim only seeks reimbursement for costs incurred during a certain period to comply with audit requirements.
Court: Armed Services Board Of Contract Appeals, Judge: D’Alessandris , Filed On: October 18, 2023, Case #: 63259, Categories: Military, Contract
J. Hixson finds the trial court properly convicted defendant for two counts of sexual assault, sentencing him to two concurrent 10-year prison terms. A victim testified that when she was spending the night at her friend’s trailer, she observed defendant — her friend’s mother’s boyfriend, who had been drinking — hovering over the friend, who was asleep. She kicked the friend to wake her, and the friend testified that when she woke that she recognized that it was defendant who had undone her bra and lifted her shirt due to the smell of alcohol and cologne he wears. The minors went outside and called the mother several times, who then called police. All evidence supports the conviction. The trial court lacked authority to require Alcohol Anonymous attendance for defendant, and the sentencing order is remanded for correction. Affirmed and remanded.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: October 18, 2023, Case #: CR-22-263, Categories: Evidence, Sex Offender, Child Victims
J. Wood finds the county court properly terminated the father’s parental rights to his minor child. The Department of Human Services opened its dependency-neglect case due to concerns of domestic violence and drug use after the children were removed; the circumstances posed an immediate danger to their health and well-being. Evidence was sufficient to prove statutory grounds that the father is a parent. That his acknowledgment of paternity was not introduced at the termination hearing is not determinative because paternity was previously established at the adjudication hearing. The adjudication order was entered into evidence at termination. The court made two specific findings of paternity and stated the basis for the findings. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: October 18, 2023, Case #: CV-23-251, Categories: Evidence, Family Law, Guardianship
J. Thyer finds the Arkansas Board of Review improperly granted unemployment benefits to the former employee. The employee failed to produce evidence to substantiate his medical and religious objections to the employer’s vaccine mandate. There was, therefore, insufficient evidence to support the board’s finding that the employee had good cause for ending his employment. Reversed.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: October 18, 2023, Case #: E-22-519, Categories: Employment, Evidence, Covid-19
J. Miller finds that the trial court properly entered an order holding the landlord in criminal contempt of a settlement agreement with the tenants and fining the landlord $52,000. The landlord failed to remove negative reports it made on the tenants' credit reports in accordance with the agreement. Sufficient evidence was presented to show that the landlord willfully failed to correct the credit reports, including emails showing that the landlord first took action to correct the reports a month after the deadline set in the agreement. The fines imposed by the trial court were not excessive and the trial court correctly awarded the tenants attorney fees. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: October 18, 2023, Case #: A23A0865, Categories: Contempt, Landlord Tenant, Settlements
J. Cole grants in part the motion filed by a former employee and his new employer, a power company, to vacate or modify preliminary injunction for violating the company’s non-competition agreement. The power company has not been properly notified or had the chance to be heard because they were not a party at the time the preliminary injunction was issued. This court orders, adjudges and decrees the new preliminary injunction enjoining the employee and those parties in active participation with him from disclosing any documents from the former employer.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: October 18, 2023, Case #: 1:23cv352, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Discovery, Injunction