171 results for 'filedAt:"2023-11-15"'.
J. Davies finds a lower court improperly dismissed a mother's medical malpractice claims against a hospital. The hospital argued that it was not responsible for injuries to her infant's brain during delivery. However, the mother presented sufficient evidence in court that the hospital failed to prevent the infant from suffering acute profound hypoxic ischemia prior to and during childbirth, which resulted in permanent brain damage and a diagnoses of quadriplegic cerebral palsy. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Davies, Filed On: November 15, 2023, Case #: CA-2022-2143, Categories: Health Care, Negligence, Medical Malpractice
Per curiam, the circuit finds the district court properly convicted defendant for transferring a firearm to a prohibited person and for making false statements while purchasing a firearm, imposing an upward sentencing variance. Defendant purchased a gun for her boyfriend, who had several felony convictions and subsequently used the weapon to fire at his ex-girlfriend's parents' house. Defendant knew her boyfriend had previously used a firearm to assault his ex-girlfriend, and the upward variance for aggravating factors was properly applied. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 15, 2023, Case #: 22-11178, Categories: Firearms, Fraud, Sentencing
Per curiam, the circuit finds the district court improperly found for a detention center in this suit filed by a 16-year-old detainee who says it failed to provide educational and mental health services. Though a cited agency regulation does not override federal law allowing a state to assign education compliance to any public agency, the center did not modify its plans for the detainee once it received a medical report regarding his vulnerable mental health. There is a dispute of fact whether a single counselling session was reasonable. Reversed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 15, 2023, Case #: 23-50191, Categories: Education, Health Care, Prisoners' Rights
J. Kearney grants one software development group’s motion for summary judgment against another in this breach of contract and trade secret dispute. The individual employees accused of wrongdoing did not sign the contract in question, and thus, cannot be held liable for an alleged breach.
Court: USDC Eastern District of Pennsylvania, Judge: Kearney, Filed On: November 15, 2023, Case #: 2:20cv6424, NOS: Other Contract - Contract, Categories: Civil Procedure, Trade Secrets, Contract
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J. Durkin partially grants the federal government’s motion for a former pharma executive to forfeit $55 million of his personal funds as well as his remaining business assets. The court convicted the former executive of bank, mail and wire fraud earlier this year, and finds that while the order for money forfeiture is valid, the government must further specify the remaining property it wishes to seize.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: November 15, 2023, Case #: 1:19cr864, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Forfeiture, Banking / Lending
J. Snyder denies a marketing company's motion to dismiss Volkswagen's breach of contract claims. Volkswagen alleges that the marketing company failed to indemnify and defend it in an underlying suit where a consumer alleged violation of the Telephone Consumer Protection Act based on telephone calls and voicemail messages. The standard terms and conditions of the agreement apply and the indemnity provision may be triggered without finding that the marketing company breached its contractual obligations. Volkswagen has stated a plausible claim for equitable indemnity.
Court: USDC Central District of California, Judge: Snyder, Filed On: November 15, 2023, Case #: 2:23cv6599, NOS: Other Contract - Contract, Categories: Contract
J. Labrit finds that the trial court improperly subjected defendant to involuntary commitment since the state failed to demonstrate defendant would likely inflict serious bodily harm on himself or others. Reversed.
Court: Florida Courts Of Appeal, Judge: Labrit, Filed On: November 15, 2023, Case #: 2D22-2986, Categories: Commitment
J. Gravois finds that defendant was properly convicted as a principal to second degree murder based on the admission of evidence of the content of two 911 calls. In this case, the information relayed to the the 911 operators was necessary to resolve an ongoing emergency of hearing gunshots and people fleeing the scene of the gunshots. The 911 calls were not testimonial because the conversations between the callers and 911 operators were not in formal settings, but in the immediate aftermath of the incident and before the police arrived on the scene. Therefore, the admission of the calls did not violate defendant's right to confrontation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: November 15, 2023, Case #: 23-KA-55, Categories: Confrontation, Evidence, Murder
J. Richardson finds the lower court improperly denied the detainee's motion for a preliminary injunction, releasing them and others in a similar circumstance without stated cause. The detainees contend that the pretrial services’ pretrial-release program violates due process by detaining someone after a judge has determined that there are possible conditions under which that person can be released. The court denied the motion without providing reasons. Federal law requires that when granting or refusing a preliminary injunction, a court state the findings of fact and conclusions of law that support its action. Vacated.
Court: 4th Circuit, Judge: Richardson, Filed On: November 15, 2023, Case #: 23-6359, Categories: Bail, Due Process, Class Action
J. Lin denies the custom broker summary judgment for the fraudulent concealment claim of the shipping company's lawsuit alleging that the customs broker's incorrect information to the Food and Drug Administration caused the U.S. Customs and Border Protection to destroy four containers of the shipping company's alcohol wipes shipment. The shipping company's affirmative motion sufficiently alleges that the custom broker did not fulfill a duty to disclose the information it allegedly had regarding the FDA's hold and ultimate refusal of the four containers that are subject to this lawsuit.
Court: USDC Western District of Washington, Judge: Lin, Filed On: November 15, 2023, Case #: 2:21cv1015, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Niemeyer finds the lower court improperly severed the inmates' claims. The four inmates allege that the IRS unlawfully denied them all or part of their COVID-19 stimulus payments. The complaint alleged that the IRS was categorically denying payments to inmates on account of their incarcerated status even though, as the complaint asserted, a court had held that incarcerated individuals were entitled to receive stimulus payments. The court operated under the false assumption that the inmates were proceeding in forma pauperis making them subject to the restrictions of the Prison Litigation Reform Act requiring them to bring separate claims. Vacated.
Court: 4th Circuit, Judge: Niemeyer, Filed On: November 15, 2023, Case #: 22-6401, Categories: Self Representation, Civil Rights, Prisoners' Rights
J. Atkins finds that the trial court properly granted an exception of prescription in favor of employers on the decedent's family's Jones Act suit regarding asbestos exposure while working on the employer's vessels. The federal discovery rule and state's principle of contra non valentem does not apply when the injury and cause were knowable to the plaintiff. Therefore, the statutes of limitations under federal and state law began when the decedent was diagnosed with mesothelioma. In this case, it is undisputed that the family learned of the decedent's mesothelioma diagnosis in September 2012 and that the family did not file suit until nearly nine years after the diagnosis. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: November 15, 2023, Case #: 2023-CA-0116, Categories: Civil Procedure, Maritime, Asbestos
J. Fuller finds that the trial court properly ruled in favor of the estate administrator in a declaratory judgment action against the executor arising from a dispute over the meaning of a property ownership provision in the father's will. The trial court correctly found that language in the provision referring to "joint ownership" of the property does not support an inference that the father's bequest created a joint tenancy between the now-deceased son and the executor. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: November 15, 2023, Case #: A23A1222, Categories: Wills / Probate
J. Theofanis finds that the trial court properly ruled against the state's plea to the jurisdiction in a settlement dispute with dental service providers who sued the Xerox Corporation for Medicaid fraud. The dentists sought to have the trial court determine their share of the state's settlement with Xerox, leading to the state claiming the court lacked jurisdiction to rule in the matter. On appeal, the state argues that the dentists' suit to recover settlement funds is barred by sovereign immunity. However, the state fails to show that it has immunity in the matter, thus establishing that the trial court maintains jurisdiction over the dispute.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: November 15, 2023, Case #: 03-22-00236-CV, Categories: Settlements, Immunity, Jurisdiction
J. Genovesi finds that the lower court improperly denied the restaurant's motion for summary judgment on negligence claims stemming from a 3-year-old being bitten by a patron's pet dog allowed to wander around the restaurant. The court of appeals' recent ruling in Hewitt v. Palmer Veterinary Clinic does not alter the standard applied in actions to recover damages for personal injuries caused by pets. The restaurant prominently displays a sign warning patrons that it is "pet friendly" and cautions that pets are only allowed if they are friendly and leashed. It was not on notice that the dog presented any risk of harm to other patrons. Reversed.
Court: New York Appellate Divisions, Judge: Genovesi, Filed On: November 15, 2023, Case #: 05708, Categories: Tort, Negligence
J. Marcotte finds that the trial court properly found for the Department of Children and Family Services on biological parents' claims that their child suffered head trauma and abuse by the foster parent. The Department is not vicariously liable for intentional torts committed by a foster parent because foster parents are not employed by the Department. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte , Filed On: November 15, 2023, Case #: 55,343-CA, Categories: Tort, Negligence, Agency
J. Marcotte finds that the trial court properly resentenced defendant as a third-felony offender to 70 years at hard labor without benefits, to run concurrently with his sentence for attempted armed robbery. In this case, defendant does not show that the mandatory minimum sentence was
unconstitutionally excessive. In the underlying crime, defendant threatened two store employees with a firearm, and one of his co-conspirators died during the robbery when he was shot by a security guard. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: November 15, 2023, Case #: 55,303-KA, Categories: Robbery, Sentencing
J. Ford finds that the lower court improperly denied the defendant spouse's motion for leave to amend her answer to change the date of the parties' marriage from the date of their civil marriage, which occurred after the passage of the Marriage Equality Act, to the date of the parties' religious marriage ceremony, which occurred six years prior to the Act. The plaintiff spouse cannot show how the amendment will be prejudicial to her, even if it may affect her maintenance and equitable distribution obligations. Reversed.
Court: New York Appellate Divisions, Judge: Ford, Filed On: November 15, 2023, Case #: 05721, Categories: Family Law