114 results for 'filedAt:"2023-10-24"'.
J. Kauger finds the trial court properly determined that proceeds from a wrongful death suit were not property of the probate estate but belonged to the family trust. The mother, who died before receiving wrongful death proceeds from the suit involving her son’s death in police custody, allocated proceeds of over $1 million to be distributed to her trust. The personal representative of the deceased father’s estate says the proceeds belong in probate. Proceeds from a wrongful death lawsuit can be transferred into a trust before they are obtained by the trust settlor. Nothing in the will and trust statutes prohibits the transfer of expected proceeds into a trust. Affirmed.
Court: Oklahoma Supreme Court, Judge: Kauger, Filed On: October 24, 2023, Case #: 119694, Categories: Trusts, Wills / Probate, Wrongful Death
J. Kuehn finds the District Court of Oklahoma County improperly granted the church injunctive relief when it sought to disaffiliate with the conference while retaining its real property. The relief violates church autonomy doctrine and the court lacked subject matter jurisdiction. The Oklahoma Supreme Court previously granted the conference writs of mandamus and prohibition and remands the case with instructions to dismiss.
Court: Oklahoma Supreme Court, Judge: Kuehn, Filed On: October 24, 2023, Case #: 121483, Categories: Property, Jurisdiction, Injunction
J. White finds the circuit court properly dismissed the homeowner's negligence claim against the contractor over an electrical shock he received from an outlet in his home that one of the contractor's employees left unsecured. The circuit court correctly determined that the doctrine of "res ipsa loquitor" does not apply to the homeowner's case, in part because the circuit court's record shows he was negligent in failing to have another contractor or electrician secure the outlet after the contractor's construction project stalled, instead continuing to use the outlet anyway. Affirmed.
Court: Wisconsin Court of Appeals, Judge: White, Filed On: October 24, 2023, Case #: 2022AP001154, Categories: Evidence, Negligence
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J. Poissant finds that the trial court properly terminated the father's child support obligation at the specified date and refused to grant him recovery of alleged excess payments made after the child's eighteenth birthday. The court lacked authority to modify the father's child support obligation before the date of service of citation or the mother's appearance in the suit. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: October 24, 2023, Case #: 14-22-00133-CV, Categories: Civil Procedure, Family Law
J. Murphy finds that the lower court properly convicted defendant of sexual abuse of a child. Defendant argues on appeal that the lower court improperly admitted testimony regarding child sexual abuse disclosures and that those testimonies injected prejudice against him during proceedings, but the testimony was relevant to the case and was helpful to the jury as they made their findings. The lower court, as a result, had every right to allow the challenged testimony during trial. Affirmed.
Court: 10th Circuit, Judge: Murphy , Filed On: October 24, 2023, Case #: 22-5056, Categories: Evidence, Sex Offender
[Consolidated.] J. Warren finds that the trial court properly convicted defendants of murder, participating in criminal street gang activity, armed robbery and other offenses. The trial court correctly rejected defendants' motions for directed verdicts of acquittal. Sufficient evidence was presented to support defendants' convictions, including evidence that defendants assisted co-defendants in carrying out the plan to kill the victim because the victim was believed to be a police informant. Evidence also showed that defendants were associated with the Gangster Disciples street gang and that they killed the victim in furtherance of the gang's interests. One defendant failed to show that the trial court abused its discretion by admitting evidence showing that he participated in another murder days after the victim's murder. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: October 24, 2023, Case #: S23A0783, Categories: Murder, Robbery, Gangs
J. Boyle denies a mortgage lender’s motion to dismiss a couple’s amended complaint alleging a kickback scheme between the lender and a realty company resulting in $20,000 in illegal, so-called “referral fees.” The couple correctly argues that the lender has caused them injury as a lack of competition among realtors tends to cause settlement costs to increase, and the couple has evidenced that the lender violated RESPA and other consumer protection laws.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: October 24, 2023, Case #: 5:22cv336, NOS: All Other Real Property - Real Property, Categories: Antitrust, Real Estate, Consumer Law
J. Torbitzky finds that the lower court properly denied defendant's petition for removal from the Missouri sex offender registry. Defendant is required to register even though his statutory rape conviction occurred prior to 1979, the effective date of the state law, because he is required to register under federal law, which is a separate and independent basis for registration. Affirmed.
Court: Missouri Court Of Appeals, Judge: Torbitzky, Filed On: October 24, 2023, Case #: ED111321, Categories: Administrative Law
J. Witt finds that the lower court improperly ruled for the retirement system, finding that the bank breached its contract by not returning $481,000 paid into the bank account of a dead employee whose family never notified the retirement system of her passing in 1969. Rather, the bank only returned the funds in the account at the time of the reclamation request, or $14,000. There is no law requiring banks to verify that their customers are alive, or are who they represent themselves to be on an ongoing basis. Reversed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: October 24, 2023, Case #: WD85795, Categories: Pensions, Banking / Lending, Contract
J. Colvin finds that the trial court improperly ruled the Living Infants Fairness and Equality Act (“LIFE Act”) was unconstitutional when it was enacted based on a finding that provisions of the law regulating abortion procedures in Georgia violated the U.S. Constitution as interpreted by U.S. Supreme Court decisions which have since been overruled. The trial court incorrectly relied on U.S. Supreme Court decisions which were overruled instead of analyzing whether the law was void when enacted under the high court's now-controlling decision in Dobbs v. Jackson Women’s Health Organization. The case is remanded for further proceedings. Reversed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: October 24, 2023, Case #: S23A0421, Categories: Civil Rights
Per curiam, the appellate division finds that the lower court properly denied the former employee's petition to annul the city's decision denying her a religious exemption from the Covid-19 vaccination requirement for all employees of the New York City Department of Education. The employee's suit is untimely, as it was not filed within four months of the Department's decision. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 24, 2023, Case #: 05360, Categories: Civil Procedure, Employment
J. Abelson orders a mortgage company to supplement or amend their responses to interrogatories in this copyright discovery dispute brought by a video firm. The video business alleges infringing work and whether the mortgage company has complied with the interrogatories. The court has already “granted the motion to stay, and simultaneous with referral of this discovery dispute, has also since granted leave to amend.”
Court: USDC Maryland, Judge: Abelson, Filed On: October 24, 2023, Case #: 1:22cv3280, NOS: Copyrights - Property Rights, Categories: Copyright, Discovery
J. Brasher finds that the district court properly ruled in favor of the government in an action brought by the individual challenging fees assessed against him by the IRS for failure to file tax returns and seeking a refund of the penalties. The individual's reliance on his CPA to e-file his returns does not constitute reasonable cause for failure to file the returns on time. The bright line rule established by the U.S. Supreme Court in United States v. Boyle applies. The individual had a duty to supervise the CPA's tax preparation and to ensure that his tax returns were submitted. E-filing did not alter or affect his obligation to file the returns. Affirmed.
Court: 11th Circuit, Judge: Brasher, Filed On: October 24, 2023, Case #: 22-10793, Categories: Tax
[Consolidated.] J. Edelstein finds the trial court did not violate defendant's confrontation rights when it allowed dashcam footage of a victim taken shortly after the break-in and shooting to be admitted at trial. Not only were the statements from the victim made to medical personnel as they treated him, but they were recorded in the immediate aftermath of the incident and, therefore, were excited utterances. Affirmed.
Court: Ohio Court Of Appeals, Judge: Edelstein, Filed On: October 24, 2023, Case #: 2023-Ohio-3852, Categories: Evidence, Assault
J. Lamberth grants, in part, a group of investors' motion for entry of judgment with pre-judgment interest in their case against Fannie Mae, in which a jury awarded them $299 million. Simple, fixed interest is awarded, as they have failed to show compound interest is warranted, nor have they challenged a fixed interest rate.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: October 24, 2023, Case #: 1:13cv1053, NOS: Other Statutory Actions - Other Suits, Categories: Securities, Damages
J. Doyle finds that the trial court properly convicted defendant of rape, aggravated sexual battery, child molestation and cruelty to children. Defendant failed to show that he was prejudiced by his trial counsel's failure to object to child hearsay evidence, including a recording of one victim's interview with a forensic interviewer. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: October 24, 2023, Case #: A23A0906, Categories: Ineffective Assistance, Sex Offender, Child Victims
J. Kelley grants a kosher certifying organization’s motion for default judgment against a food supplier that puts the organization’s trademark certifying its products as kosher on its products even though its products do not adhere to the certification and the organization issued a cease-and-desist letter. The supplier is no longer allowed to use the trademark and owes the organization $593,829.67.
Court: USDC Massachusetts, Judge: Kelley, Filed On: October 24, 2023, Case #: 1:22cv11460, NOS: Other Statutory Actions - Other Suits, Categories: Trademark, Damages
J. Bowes finds that the lower court improperly sentenced defendant pet sitter for to one to 18 months’ imprisonment for stealing a client’s approximately $10,000 haul of silver coins and currency to satisfy her gambling habit. The value of the property taken was never determined, so the sentence for theft by unlawful taking must be graded at its lowest level, a misdemeanor of the third degree, and sentenced as such. Vacated.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: October 24, 2023, Case #: J-S27017-23, Categories: Criminal Procedure, Sentencing, Theft
J. Arterburn finds the county court properly denied the mother’s request to change her sons’ surname to her maiden surname. The sons, now in high school, have had contentious relationships with their father, who they have witnessed abusing their mother and his other girlfriends. The father has had inconsistent relationships with the sons since the divorce, which happened when the sons were five and six years old. Though the sons use their mother’s maiden name where allowable and their father’s where legally required, evidence does not show that their substantial welfare requires the name change. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: October 24, 2023, Case #: A-22-878, Categories: Civil Procedure, Family Law, Juvenile Law
J. Bishop finds the county court properly terminated the father’s parental rights to his daughter. The child was removed from the mother’s home due to concerns that she had been exposed to drugs and has remained in foster care since, as the mother has failed to work with the human services department voluntarily. The father is currently incarcerated, with no means of support. Clear and convincing evidence supports termination. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: October 24, 2023, Case #: A-22-969, Categories: Evidence, Family Law, Guardianship