159 results for 'filedAt:"2023-11-02"'.
J. Marshall finds for the commissioner of internal revenue in this tax dispute because the gain from the variable prepaid forward contracts with two different investment banks are calculated by taking the prepayment amount received and subtracting the basis in the transactions.
Court: U.S. Tax Court, Judge: Marshall, Filed On: November 2, 2023, Case #: 161TC9, Categories: Tax
J. Pickering finds the district court improperly denied the artificial turf company’s request for a preliminary injunction to enforce a noncompete covenant against its former employees. The court denied the request, saying that the covenant was unenforceable due to procedural unconscionability, which consisted in the merger of the covenant into the preceding paragraph of the employment agreement. This is not enough to invalidate it without additional substantive unconscionability shown. The court was obligated to determine whether the covenant’s remaining flaws could be cured by revision under the statute governing noncompete agreements. Reversed and remanded.
Court: Nevada Supreme Court, Judge: Pickering, Filed On: November 2, 2023, Case #: 85249, Categories: Due Process, Contract, Injunction
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J. Currault partially grants Burlington Insurance Company's motion to compel in an insurance dispute over losses incurred as a result of Hurricane Ida. The insurance company is entitled to an itemized account of the actual costs spent on repairs to the insured church's damaged property, rather than the initial estimates it was provided. The insurance company is also entitled to any documentation regarding donations from church members for time, labor or materials used in repairing the damaged property.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: November 2, 2023, Case #: 2:22cv1989, NOS: Insurance - Contract, Categories: Insurance, Discovery
J. Brown declines to dismiss fraud claims stemming from a dispute over the "trade" of a motorhome and a boat. The parties agreed to sell each other the motor home and boat at factory dealer costs so that neither party was making a sales profit on the transaction. The boat purchaser sufficiently alleges that the boat seller fabricated invoices to inflate the factory dealer cost of the boat so that they could make a profit.
Court: USDC Eastern District of Louisiana , Judge: Brown, Filed On: November 2, 2023, Case #: 2:21cv516, NOS: Other Contract - Contract, Categories: Fraud, Contract
Per curiam, the appeals court denies the petition for a writ of mandamus challenging the dismissal of this breach of contract claim brought by the purchaser of a dog, and also the court’s imposition of sanctions against her. In her petition, the dog purchaser referred to the seller as a deviant sex offender, a child molester, a psychopath, a drug addict, a pornographer and a thief. The seller then filed a countersuit for defamation. The purchaser has consistently failed to appear for hearings, failed to make pleadings upon which relief can be granted and failed to adhere to rules.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: November 2, 2023, Case #: 09-23-00311-CV, Categories: Sanctions, Defamation, Contract
J. Elrod finds the district court properly granted most of the arresting officers’ motions for summary judgment based on qualified immunity in this suit brought on claims of false arrest. After an anonymous person using a blocked number called 911, threatening officers and an alleged hostage, officers arrived at the location provided to find a man with no hostage and no weapons. He was taken into custody and released when the investigation proved inconclusive. Though the officers credibly believed that lives were in danger, the first officer on the scene asserts that the nature of the probable cause changed from the time of the initial arrest to the duration of the detention, and that there was no probable cause after the original facts had dissipated. The district court improperly dismissed the Fourth Amendment claims against the first officer. Affirmed in part. Reversed in part and remanded.
Court: 5th Circuit, Judge: Elrod, Filed On: November 2, 2023, Case #: 21-11100, Categories: Civil Rights, Immunity, Police Misconduct
Per curiam, the Fifth Circuit finds the district court properly dismissed hostile work environment claims brought by the Baptist chaplain employed by the Federal Bureau of Prisons. The chaplain filed a formal complaint against the Catholic chaplain for derogatory remarks made against Protestants, alleging religious discrimination. The Complaint Adjudication Office (CAO) found that the “record support[ed] a claim of harassment based on religion” and awarded damages. The chaplain has mistaken “a suit to enforce the final administrative disposition” with a suit seeking “de novo review of the disposition.” The district court is not bound by the CAO’s finding of liability, and the chaplain has failed to present evidence supporting hostile work environment claims. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 2, 2023, Case #: 22-11067, Categories: Evidence, Government, Employment Discrimination
[Consolidated.] J. Marconi vacates the denial of the defendant’s motion to suppress evidence against her obtained through a police traffic stop used to convict her for driving after suspension and disobeying a police officer. The officer did not have a reasonable suspicion to justify the traffic stop.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: November 2, 2023, Case #: 2022-0253, Categories: Search, Vehicle
J. McShan finds that the lower court properly convicted defendant based on his guilty plea to attempted promoting prison contraband for possessing a ceramic-type scalpel blade. Defendant contends the superior court information to which he pleaded after waiving indictment was jurisdictionally defective for failing to charge the same crime as the felony complaint, but the penal law section citation merely contained a typographical error. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: November 2, 2023, Case #: 112255, Categories: Criminal Procedure, Plea
J. Navarro finds the trial court was not required to include a jury instruction regarding defendant's culpable mental state in relation to the charge of sexual abuse by a person in a position of trust. A knowing mental state is not required for the position of trust element of the crime. The term "knowingly" appears in an entirely separate clause from the "position of trust" language in the criminal statute, which is intended to protect the child victims, regardless of whether the perpetrator subjectively believes they are in a position of trust. Affirmed.
Court: Colorado Court Of Appeals, Judge: Navarro, Filed On: November 2, 2023, Case #: 2023COA102, Categories: Sex Offender, Child Victims, Jury Instructions
[Consolidated.] J. Fisher finds that the decision on defendant's appeal from his conviction for strangulation and attempted rape should be withheld. Defendant contends the plea was involuntary, but the transcript of the proceeding is not available. The matter is remitted to the lower court for a reconstruction hearing on the plea proceedings.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: November 2, 2023, Case #: 110134, Categories: Criminal Procedure, Plea
J. Williams finds that the lower court properly entered a certain will into probate. The decedent's wife argues that the will was invalid due to a lack of testamentary capacity, as well as undue influence. However, she fails to establish that there was undue influence by the daughter, who was also the decedent's caretaker. Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: November 2, 2023, Case #: 11-22-00035-CV, Categories: Wills / Probate
Per curiam, the appellate division finds that the lower court improperly dismissed a breach of contract claim against the aircraft carrier alleging that it intentionally rebooked a passenger's flight to serve a higher-paying customer. The carrier's affirmation that the delay in the passenger's return flight was due to a mechanical issue with the plane does not suffice to disprove the allegations. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 2, 2023, Case #: 05539, Categories: Contract, Aviation
Per curiam, the appellate division finds that the lower court properly held that a co-owner's interest in two car dealerships ended when he turned over his shares to his partner under the terms of an agreement triggered by his conviction for murdering his wife. That he was ultimately acquitted after several trials did not return him as an owner to provide him a majority stake because, by its own terms, the agreement had ended when his partner was the sole remaining shareholder. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 2, 2023, Case #: 533292, Categories: Partnerships, Contract
[Modified.] J. Humes removes two citations with no change in judgment. Defendant may seek to have his sentence reduced in a full resentencing hearing on assault and threat convictions due to legislation that changed the application of sentencing enhancements. One new law gives courts discretion to strike a prior serious felony allegation and another specifies the factors for courts to consider when doing so. However, other benefits of his plea agreement may be withdrawn in the process. Reversed.
Court: California Courts Of Appeal, Judge: Humes, Filed On: November 2, 2023, Case #: A166124, Categories: Sentencing, Assault, Plea
J. Carlyle finds that the lower court properly entered a final decree of divorce, awarding the wife 60 percent of the parties' home. On appeal, the husband fails to sufficiently overcome the presumption that the lower court "properly exercised its discretion when dividing the marital assets." Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: November 2, 2023, Case #: 05-22-01118-CV, Categories: Family Law, Property
Per curiam, the Seventh Circuit finds that the lower court properly sentenced defendant to a 15-year mandatory minimum for selling meth after finding his prior robbery conviction qualified as a "serious violent felony." Defendant challenged this finding for the first time on appeal and therefore forfeited it. Affirmed.
Court: 7th Circuit, Judge: Per curiam, Filed On: November 2, 2023, Case #: 21-3224, Categories: Drug Offender, Sentencing
J. Irion finds the trial court properly declined to resentence defendant on a second degree murder conviction he received for driving a car in a police chase that resulted in the death of one of his passengers. Changes to felony murder and natural and probable consequences murder statutes do not apply to murder convictions based on the provocative act doctrine. Affirmed.
Court: California Courts Of Appeal, Judge: Irion, Filed On: November 2, 2023, Case #: D081200, Categories: Murder, Sentencing
J. Gallagher finds the juvenile court erroneously denied the state's request for mandatory bind-over of defendant's case to the common pleas court. Defendant admitted he purchased marijuana from the shooting victim and was seen on surveillance footage getting into the vehicle seen leaving the scene of the crime; therefore, the state provided credible evidence to support each element of the crimes and the case should have been transferred. Reversed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: November 2, 2023, Case #: 2023-Ohio-3975, Categories: Juvenile Law, Murder
J. Stinnett finds for a medical practice in breach of employment contract claims, as while the medical practice made false statements regarding the contract, the employee was privy to contradictory information. However, other fraudulent misrepresentation and contract claims may continue because evidence remains in dispute as to whether fraud occurred while forming the contractual relationship.
Court: USDC Eastern District of Kentucky, Judge: Stinnett, Filed On: November 2, 2023, Case #: 5:21cv7, NOS: Other Contract - Contract, Categories: Employment, Fraud, Contract
J. Oliver finds that substantial evidence supported the lower courts' award of medical expenses to an injured worker, along with temporary total disability compensation. The worker's claim that the medical panel was biased is too late, and the administrative law judge's evidentiary rulings were not an abuse of discretion.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: November 2, 2023, Case #: 20220342-CA, Categories: Workers' Compensation
J. Wicks grants the commissioner, a sergeant and a lieutenant in their official capacities of the Nassau County Police Department and the county’s motion for summary judgment to dismiss an amended complaint of a former police officer who was injured on the job. The former police officer alleges his Fourth Amendment rights were violated when he was subjected to a drug test while on leave for his injury; he was still a member of the force despite being on leave. The urine was collected for work-related purposes, so it did not violate any allegations the officer brought forward.
Court: USDC Eastern District of New York, Judge: Wicks, Filed On: November 2, 2023, Case #: 2:19cv2236, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment