96 results for 'filedAt:"2023-10-30"'.
J. Halpern finds for the commissioner of internal revenue in this tax liability dispute because the taxpayer failed to report all income and remains liable for the related penalties.
Court: U.S. Tax Court, Judge: Halpern, Filed On: October 30, 2023, Case #: 2023-131, Categories: Tax
J. Patricco denies a company's motion for summary judgment regarding a speaker's allegations that he was not paid his full commission based on sales produced as a result of the speaker's presentation and follow-up with potential customers. The speaker has shown that a contract existed between the parties and has also shown that his estimates on the total sales came from a podcast, YouTube video and spreadsheet provided by the company, and therefore his damages estimate is not speculative.
Court: USDC Idaho, Judge: Patricco, Filed On: October 30, 2023, Case #: 1:22cv173, NOS: Other Contract - Contract, Categories: Contract
J. Hodges finds that the trial court improperly granted the traffic conductor's motion to dismiss a negligence action brought by the driver arising from injuries he suffered in a car collision while the conductor was directing traffic in a construction zone. The trial court's order failed to include any meaningful analysis to support the dismissal. Vacated.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 30, 2023, Case #: A23A0683, Categories: Negligence
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[Consolidated.] J. Baxter grants a prisoner’s application to proceed in forma pauperis, but dismisses his complaints of the misconduct and maliciousness of state officers prosecuting him. The court recommends the prisoner is given 45 days to amend his complaint, which presently lacks factual allegations. If he fails to amend within the time or file an extension, all claims shall be dismissed.
Court: USDC Northern District of New York, Judge: Baxter, Filed On: October 30, 2023, Case #: 6:23cv1115, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Vargas finds the appeals court erroneously reversed the lower court's order granting suppression of evidence during defendant's DUI case. Although the apprehension of a suspect in a nearby stabbing incident is undoubtedly important, defendant - who was not the perpetrator of the stabbing - was pulled over one mile from the crime scene more than 30 minutes after the stabbing, which made the traffic stop and subsequent search unreasonable. Reversed.
Court: New Mexico Supreme Court, Judge: Vargas, Filed On: October 30, 2023, Case #: S-1-SC-38642, Categories: Evidence, Search, Dui
J. Ives finds the trial court properly granted defendant's motion to suppress evidence obtained at a sobriety roadblock and used to charge him with DUI. The state failed to establish the constitutionality of the roadblock and evidence of defendant's intoxication was not discovered until after he stopped his vehicle. Although such roadblocks are not inherently unconstitutional, the only testimony provided by the state was that of the arresting officer, who did not have reasonable suspicion to arrest defendant until after he stopped at the roadblock, and so the seizure was unconstitutional and violated defendant's Fourth Amendment rights. Affirmed.
Court: New Mexico Court of Appeals, Judge: Ives, Filed On: October 30, 2023, Case #: A-1-CA-39970, Categories: Constitution, Search, Dui
J. Gould finds that the district court improperly found that the physicians did not have standing to pursue their action alleging that an Arizona law criminalizing the performance of certain abortions is unconstitutionally vague. Arizona’s "Reason Regulations" criminalize the performance of abortions sought solely because of genetic abnormalities in the fetus or embryo. The doctors' standing "is based on their economic interest in providing medical services." Reversed.
Court: 9th Circuit, Judge: Gould, Filed On: October 30, 2023, Case #: 23-15234, Categories: Constitution, Health Care, Injunction
J. Sorokin grants a medical corporation’s motion for summary judgment against the patient who sued the corporation, along with another medical corporation, after the implant it designed began to swell and decay in her eye. The medical corporation designed the implant using science and testing that was state-of-the-art at the time, and there was no defect in the design of the implant that was knowable at the time of the patient’s surgery or beforehand.
Court: USDC Massachusetts, Judge: Sorokin, Filed On: October 30, 2023, Case #: 1:18cv10353, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Health Care, Product Liability, Technology
J. Jackson grants the dismissal motions in this suit asserting claims under the Fair Debt Collection Practices Act and the Oklahoma Consumer Protection Act, as well as for civil conspiracy and abuse of process. The plaintiff lot owner fails to state a claim under the Fair Debt Collection Practices Act, though he will be allowed to seek leave to amend. The court also declines to exercise jurisdiction over the state law claims.
Court: USDC Eastern District of Oklahoma, Judge: Jackson, Filed On: October 30, 2023, Case #: 6:23cv167, NOS: Insurance - Contract, Categories: Debt Collection, Consumer Law
J. Bradford finds that the trial court improperly awarded a property owner damages for loss of access to a nearby road following construction of a roundabout because the city had already acquired the rights to the road in question. Reversed.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: October 30, 2023, Case #: 22A-PL-2399, Categories: Property
J. Burke finds that one of six coal companies should be denied summary judgment challenging allegations of induced and contributory patent infringement in claims contending the companies sold refined coal to power plants because the claims failed to sufficiently address alter ego/agency theories.
Court: USDC Delaware, Judge: Burke, Filed On: October 30, 2023, Case #: 1:19cv1334, NOS: Patent - Property Rights, Categories: Patent
J. Stadtmueller gives the registered nurse until November 27, 2023, to file an amended complaint in his pro se lawsuit claiming the nursing board wrongfully blocked renewal of his registered nursing license because of the "rambling" and "threatening" character of his application, as his current complaint fails to bring clear allegations that state viable claims for relief and invoke jurisdiction. If he does not file his amended complaint by the deadline, his lawsuit will be dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: October 30, 2023, Case #: 2:23cv1270, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Agency
J. Wilkinson finds the lower court properly sentenced the ISIS supporter for violating the terms of his supervised release. The supporter spent five years in federal prison after donating to ISIS via Bitcoin, recruiting new members, and sharing ISIS content. The ISIS supporter met with several known ISIS sympathizers online using a virtual private network to evade monitoring. The instructions were not vague regarding speaking with other extremists. Affirmed.
Court: 4th Circuit, Judge: Wilkinson , Filed On: October 30, 2023, Case #: 23-4283, Categories: Parole, Sentencing, Terrorism
J. McAvoy grants, in part, Binghamton University and two of its employees’ motion to dismiss a former maintenance worker’s discrimination and retaliation claims brought after he raised concerns about harassment due to religion and ethnicity in violations under Title VII and the New York Human Rights Law. His Title VII claims against the two employees and his state discrimination and retaliation claims against the university do not survive the motion because the university is entitled to sovereign immunity. The motion to dismiss is denied to all other respects.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: October 30, 2023, Case #: 3:22cv1282, NOS: Employment - Civil Rights, Categories: Immunity, Employment Discrimination, Employment Retaliation
J. Watkins finds that the trial court properly ruled in favor of the entertainment complex in a negligence and premises liability action brought by the skater arising from injuries she suffered in a fall. The complex was a roller skating center for the purposes of the Roller Skating Safety Act of 1993. The trial court correctly found that the complex posted the necessary notices outlining the duties of skaters and spectators in accordance with the Act. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: October 30, 2023, Case #: A23A0754, Categories: Negligence, Premises Liability
J. Morris finds in favor of a son who was providing in-home health care services to his father before his death and claims that an insurance company underpaid benefits owed to them. The son says the insurance company should have paid out benefits under an insurance rider from around 2013 to 2016, while the company only paid out a few months in 2016 after finding they were not qualified for the rest due to their family connection. Under Montana insurance law, however, health care services provided by a family member does not disqualify benefits under an insurance rider. Though benefits are not excluded under the law, further proceedings are called for to determine exactly what, if any, benefits they are entitled to receive.
Court: USDC Montana, Judge: Morris, Filed On: October 30, 2023, Case #: 4:21cv87, NOS: Insurance - Contract, Categories: Insurance
J. Kenworthy finds that the trial court properly ruled in quiet title claims because evidence indicates that the eldest son of a 92-year-old property owner who suffers dementia threatened to stop caring for her if she failed to sign the deed to her house over to him, as the property owner actually wished to split the estate equally among her children.
Court: Indiana Court Of Appeals, Judge: Kenworthy, Filed On: October 30, 2023, Case #: 22A-PL-2522, Categories: Property, Fiduciary Duty
J. Riggs grants, in part, the oil and gas companies' motion to dismiss, ruling the property owner does not state a plausible claim for ejectment because the oil companies did not possess the land on which they allegedly trespassed. However, the eight notices sent by the owner to the companies about their continued trespass with vehicles and through the construction of fences clearly made management aware of the trespassing and allows the claim for punitive damages to proceed.
Court: USDC New Mexico, Judge: Riggs, Filed On: October 30, 2023, Case #: 2:23cv257, NOS: Torts to Land - Real Property, Categories: Property, Tort, Damages
J. Yohalem finds the lower court properly granted the New Mexico Educational Retirement Board's motion for declaratory judgment in its challenge to the Department of Finance and Administration's rejection of salary increases for board employees that had already been approved by the board. The authority to approve pay raises for board members lies solely with the board and, therefore, the department cannot reject pay raises it deems too high. Although the department is tasked with disbursement of the salaries, that ministerial role is its only function under the legislation that established and funds the board. Affirmed.
Court: New Mexico Court of Appeals, Judge: Yohalem, Filed On: October 30, 2023, Case #: A-1-CA-40106, Categories: Education, Employment, Government
J. McShane awards Independent politician Brian Boquist $375,500 in attorney fees and $21,000 in costs for his complaint that Oregon State Senate President Peter Courtney and others stopped him from accessing the capitol building after he made comments following a walkout held by Republican senators in June. Some costs, including those for videotaping depositions, are denied. Most of Boquist's counsel's rates are reasonable when compared to other Oregon lawyers with the same experience, though not all hours are accepted because some of them are duplicative.
Court: USDC Oregon, Judge: McShane, Filed On: October 30, 2023, Case #: 6:19cv1163, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Attorney Fees
J. Lioi grants the parties' joint motion for approval of the class-action settlement, ruling the $3.75 million will fairly and adequately compensate the employees for unpaid overtime, while the $20,000 award to the lead plaintiff adequately compensates him for his efforts in leading the litigation.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: October 30, 2023, Case #: 5:22cv287, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
J. Logan rules a development company may pursue contract claims against a town concerning the construction of a community center, ice rink, and a college prep establishment. The development company sufficiently showed in court that the town officials claims of failure to move forward are barred by the statute of limitations.
Court: USDC Arizona, Judge: Logan, Filed On: October 30, 2023, Case #: 2:21cv1216, NOS: Other Contract - Contract, Categories: Construction, Contract
J. Lazarus finds that the lower court properly dismissed a homeowner’s claims against a home inspection company she says failed to discover issues with her home’s foundation at the time of inspection. The homeowner’s claims against the company under the Home Inspection Law are time-barred. Affirmed.
Court: Pennsylvania Superior Court, Judge: Lazarus, Filed On: October 30, 2023, Case #: J-A18026-23, Categories: Property, Damages, Contract