156 results for 'filedAt:"2023-10-19"'.
J. Morrison finds for the commissioner of internal revenue in due process claims because the court of appeals did not abuse its discretion in determining that the levy balanced tax collection efforts with plaintiff's claims that the process is unnecessarily intrusive.
Court: U.S. Tax Court, Judge: Morrison, Filed On: October 19, 2023, Case #: 2023-125, Categories: Tax
Per curiam, the Fifth Circuit finds the district court properly affirmed the magistrate’s report and recommendation, granting summary judgment to the oil and gas services company in this suit alleging gender, race and national origin discrimination brought by the former employee. Though a supervisor’s “cringeworthy” comment about “f-cking slow Chinese,” regarding the employee’s English skills, are evidence of pretext, the claim is insufficient to survive summary judgment. Circumstantial evidence requires that such remarks be just one element among other evidence. The company’s evidence detailing the employee’s deficient performance supports summary judgment. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 19, 2023, Case #: 22-20646, Categories: Evidence, Employment Discrimination
J. Johnson finds the trial court properly terminated the mother’s parental rights to her four minor children. The mother’s appointed attorney submitted a brief contending that there are no meritorious issues for appeal, and the appeals court, by thorough review, finds nothing in the record to support and appeal. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: October 19, 2023, Case #: 09-23-00131-CV, Categories: Family Law, Guardianship
Per curiam, the appellate court conditionally grants USA Today’s mandamus petition to enforce a mandatory venue provision after the trial court denied its motion to transfer to Dallas County, where the tax services company filing this defamation suit maintains its principal office. When an LLC sues for defamation, the county in which it resided at the time of the accrual of the cause of action is the county where it maintains its principal office. The tax servicer did not file suit in Dallas County.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 19, 2023, Case #: 09-23-00140-CV, Categories: Tax, Defamation, Jurisdiction
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J. Horton finds the trial court properly terminated a mother’s relationship with her 18-month-old child. The court’s final order states that clear and convincing evidence shows she “has knowingly placed or allowed [the child] to remain in conditions ... endanger[ing] her well-being and engaged in conduct or knowingly placed [the child] with persons who engaged in conduct which endanger[ed her] physical or emotional well-being.” The mother’s attorney filed a brief stating that no arguable grounds exist to support the appeal, and all evidence supports the best interest finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: October 19, 2023, Case #: 09-23-00141-CV, Categories: Evidence, Family Law, Guardianship
J. Nugee finds a lower court properly sentenced a company owner to eight months in prison for contempt of court. The beauty filler products company owner argued that her sentence is unreasonable. However, during proceedings she committed 30 contempt of court violations for failing to provide ordered documents. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Nugee, Filed On: October 19, 2023, Case #: CA-2023-765, Categories: Contempt, Partnerships, Contract
J. Smith finds that the trial court properly ruled to terminate a mother's parental right to her two children. The mother's court-appointed counsel, in a motion to withdraw, argues that the appeal is "frivolous and without merit." Upon review of the record, it can be concluded that the trial court did not err in its ruling. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: October 19, 2023, Case #: 03-23-00325-CV, Categories: Family Law
J. Edmon finds that the trial court erred in assigning liability to a property owner for a subcontractor's injuries. Under Privette, the owner was not liable because the owner did not have control over any part of the contractor's work site, and both the contractor and injured subcontractor could have reasonably determined that a roof hatch that injured him was broken. Reversed.
Court: California Courts Of Appeal, Judge: Edmon, Filed On: October 19, 2023, Case #: B316420, Categories: Negligence
J. Garauafis throws out a false advertising class action that alleged the maker of Lysol-brand Laundry Sanitizer misled consumers by claiming the product “kills 99.9% of bacteria.” The litigant bases his argument on a viral TikTok video that purportedly claims sanitizing products are useless because most household dryers include a sanitization cycle that kills most bacteria. He further claims a CDC study regarding laundering practices supports these findings, despite the fact they concern only healthcare facilities and not consumer households. Their claims fail because the labeling does not expressly reference the standard laundering process, so a reasonable consumer would not read the label to imply it has a material benefit over the standard laundering process.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: October 19, 2023, Case #: 2:22cv5730, NOS: Truth in Lending - Torts - Personal Property, Categories: Class Action, False Advertising
J. Prince finds the trial court properly denied the paternal grandmother’s motion to reconsider its denial of grandparent visitation rights. Though the relationships involved were complicated by the father’s having been incarcerated for the statutory rape of the 15-year-old mother, they were generally healthy until disputes arose between the mother and grandmother after the father’s murder. The mother testified that the grandmother refused to abide by requests not to post photos of her child on social media or to include them on a poster seeking information regarding the murderer. The evidence does not rise to a level justifying state interference into the mother’s decisions. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Prince, Filed On: October 19, 2023, Case #: 120758, Categories: Evidence, Family Law, Guardianship
J. Westbrook finds the trial court properly convicted defendant for attempted lewdness with a child under the age of 14. After extradition from Michigan to Nevada, the court did not inquire into defendant’s ability to pay extradition and psychosexual evaluation restitutions after he objected on the basis of an inability to pay. The court is not required to make a psychosexual evaluation but is required to impose costs only to the extent of defendant’s ability to pay. Affirmed in part. Vacated in part, and remanded.
Court: Nevada Court of Appeals, Judge: Westbrook, Filed On: October 19, 2023, Case #: 85099-COA, Categories: Sex Offender, Child Victims, Extradition
J. Palafox finds a lower court ruled correctly in denying special appearance in a lawsuit stemming from a car crash. The trucking company argued this court did not have jurisdiction over the matter, but in fact the trucking company “purposefully availed itself of the privilege of conducting activities in Texas” and had the minimum contacts necessary for this court to have jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: October 19, 2023, Case #: 08-23-00052-CV, Categories: Vehicle, Damages, Jurisdiction
J. Vera finds in favor of the Los Angeles Sheriff’s Department deputies against the detainee's complaint that the deputies seized his handwritten notes while transporting the detainee from lockup to his criminal preliminary hearing, and that the confiscation of this work product prevented effective cross-examination of witnesses, forcing him to plead no contest and serve one year in prison. The deputies are protected by qualified immunity, because pre-trial detainees have limited constitutional rights to their notes and legal papers, and the detainee does not present case law to sufficiently argue that temporarily confiscating express documents during transport is a clear constitutional right violation.
Court: USDC Central District of California, Judge: Vera, Filed On: October 19, 2023, Case #: 2:22cv4912, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Schlegel vacates defendant's sentence on his conviction for possession of a firearm by a convicted felon, being adjudicated as a third felony offender. The record does not show that the trial court ruled on defendant's pro se motion for a new trial, which was required before sentencing. Vacated.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: October 19, 2023, Case #: 23-KA-451, Categories: Criminal Procedure, Sentencing
Per curiam, the appellate division finds that the lower court improperly amended a prior order and eliminated millions of dollars in damages owing to the equity group. The court exceeded its authority when it sua sponte vacated its prior confirmation order without notice. However it properly awarded attorneys' fees to the equity group. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 19, 2023, Case #: 05320, Categories: Damages, Attorney Fees
J. Roman finds the district court erred when they declined to merge the defendant’s careless driving convictions. The defendant caused a single car crash killing the two passengers, “the prosecution charged him with two counts of vehicular homicide — reckless, two counts of criminally negligent homicide, and two counts of careless driving.” Careless driving relates to the manner of driving, not the number of victims harmed. Reversed.
Court: Colorado Court Of Appeals, Judge: Roman, Filed On: October 19, 2023, Case #: 2023COA97, Categories: Criminal Procedure, Vehicular Homicide, Criminal Negligence
J. Overstreet finds that the lower court improperly dismissed defendant's postconviction petition as untimely. Under the circumstances of this case, defendant cannot be held responsible for the untimely filing because her understanding of the statutory deadline was a reasonable interpretation of the law, which was not yet clarified by this court. Therefore, she shall be granted an opportunity to argue that her counsel did not fully investigate the domestic abuse she suffered at the hands of her boyfriend before advising her to plead guilty as an accomplice to murder. Reversed.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: October 19, 2023, Case #: 128398, Categories: Criminal Procedure, Habeas, Murder
J. Harris finds that the trial court properly granted summary judgment to a university that was sued by a research partner that claimed the university had breached a shareholder agreement. No issue of fact was presented that would indicate that the university ever signed an agreement, that it had agreed to its terms or that the agreement was enforceable. Affirmed.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: October 19, 2023, Case #: 20210654-CA, Categories: Securities, Contract
J. St. Eve finds that the lower court properly ordered the defendant to be medicated as her delusions led her to believe that three current and former presidents sexually assaulted her, leading her to threaten to kill them, and she is currently unable to assist in her own defense. However, the court must provide a dosage range based on an expert's recommendation to provide a limit to the medical staff's discretion. Affirmed in part.
Court: 7th Circuit, Judge: St. Eve, Filed On: October 19, 2023, Case #: 23-1739, Categories: Threats, Commitment
J. Rodriguez finds a lower court ruled correctly in granting a directed verdict to a businessman after he was sued by a former business partner seeking equitable contribution following a lawsuit with a subcontractor. The former business partner cannot bring an equitable contribution case because she offered “no evidence” that she made “a compulsory payment of more than her fair share of the parties’ common obligation.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: October 19, 2023, Case #: 08-23-00031-CV, Categories: Damages, Business Practices, Contract
J. Overstreet finds that the appeals court properly reversed the lower court's order in favor of the city on the issue of whether collateral estoppel barred two convicted murderers from litigating their excessive force claims stemming from a fatal police shooting that killed a co-conspirator. However, the court correctly entered judgment in favor of the city on the estate's claims, because the jury's interrogatory answers firmly show it found the police officers' actions were not reckless when they used deadly force. Affirmed in part.
Court: Illinois Supreme Court, Judge: Overstreet, Filed On: October 19, 2023, Case #: 127837, Categories: Civil Procedure, Jury, Wrongful Death
J. Powers finds that the lower court properly held a father in willful violation of a child custody and visitation order in which he shared equal parenting time with the mother. The father contends he failed to return the child because he was under quarantine for Covid-19 exposure, but he failed to justify why he also quarantined the child. Meanwhile, awarding sole legal and primary physical custody to the mother served the child's best interests since custody exchanges that occurred at a fast-food restaurant had become so acrimonious that police often had to be called to the scene. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: October 19, 2023, Case #: CV-22-2111, Categories: Family Law, Covid-19
J. Settle finds in favor of the insurance company for its complaint that it has no duty to defend or indemnify the metal contractor in an underlying lawsuit in which Pacific Seafood's employee claims he was injured by the metal contractor's "fish skinning wheel." The insurance company's Comprehensive General Liability policy does not cover the employee's negligence and defective design and manufacturing claims against the metal contractor, so the insurance company does not have to defend or indemnify the metal contractor as a matter of law.
Court: USDC Western District of Washington, Judge: Settle, Filed On: October 19, 2023, Case #: 3:23cv5400, NOS: Insurance - Contract, Categories: Insurance, Negligence, Product Liability