143 results for 'filedAt:"2023-11-17"'.
[Consolidated.] J. Childs denies petitions for review of the Federal Energy Regulatory Commission's orders concerning a regional transmission organization's request for revisions to its open access transmission tariff for the planning of end of life needs. Contrary to the consumer-side stakeholders' claims, the commission reasonably explained its decisions, and it did not act arbitrarily or capriciously.
Court: DC Circuit, Judge: Childs, Filed On: November 17, 2023, Case #: 20-1449 , Categories: Energy, Securities
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J. Stiglich finds the district court properly dismissed the physicians’ labor dispute brought through the Employment Management Relations Board against their union. Claims brought against the hospital and union fall strictly within the board’s jurisdiction. Statute limits the district court’s jurisdiction to issuing an injunction to force the union to comply with the board’s orders. However, the court abused its discretion by awarding certain costs to the union which were unsupported by sufficient documentation. Affirmed in part. Reversed and remanded in part.
Court: Nevada Supreme Court, Judge: Stiglich, Filed On: November 17, 2023, Case #: 85928, Categories: Jurisdiction, Attorney Fees, Labor / Unions
J. Kinkeade grants, in part, the government's motion to designate third parties in a case involving a driver's collision with an FBI agent. The government may amend to designate a state agency, as it has shown good cause for its belated amendment.
Court: USDC Northern District of Texas , Judge: Kinkeade, Filed On: November 17, 2023, Case #: 3:23cv74, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Procedure, Tort
J. Cummings denies a motion from the Cook County sheriff and several county correctional officers, who wanted to stay a civil lawsuit brought by a county jail inmate until he’s faced trial for aggravated battery charges. The inmate claims three correctional officers beat him in a jail elevator without security cameras; he further alleged the practice is widespread among correctional officers, and that Cook County Sheriff Tom Dart knew about it but turned a blind eye. The court declines to issue a stay because nothing in the inmate’s civil complaint would undermine the criminal prosecution he faces.
Court: USDC Northern District of Illinois, Judge: Cummings, Filed On: November 17, 2023, Case #: 1:21cv6243, NOS: Prison Condition - Habeas Corpus, Categories: Civil Procedure, Police Misconduct, Prisoners' Rights
J. Du denies the leasing company who says it holds a lien against the disputed property. The original owner completed an affidavit disclaiming debts, liens, or other claims before the sale closed with the purchaser for over $500,000. The purchaser has stated a plausible claim for declaratory relief on the basis that as a third-party it did not have notice of the lien, qualifying as a bona fide purchaser for value.
Court: USDC Nevada, Judge: Du, Filed On: November 17, 2023, Case #: 3:23cv176, NOS: All Other Real Property - Real Property, Categories: Property, Contract
Per curiam, the Louisiana high court suspends attorney Tim Fields from the practice of law for three years. The record shows that Fields did not properly supervise his non-lawyer staff, resulting in the conversion of $4.2 million belonging to third parties. He intentionally continued to convert $1.8 million in third-party funds in order to pay older third-party debts, failed to maintain a trust account for several years, lied on his trust account disclosure statements that he did not handle client funds, allowed nonlawyers to sign trust account checks, charged clients for inappropriate office expenses, settled a client’s personal injury claim without the client’s knowledge or consent, and lied to the Office of Disciplinary Counsel during its investigation.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: November 17, 2023, Case #: 2023-B-00343, Categories: Contract, Attorney Discipline
J. Selna awards the cigarillo company $10.2 million in attorney fees and $613,100 in disbursements for its complaint that the tobacco company violated various federal and state competition laws and breached the private label agreements between the two parties. The cigarillo company cites reasonable hours to justify the award, but it also cites excludable clerical work and other worked hours, so not all requested hours are accepted.
Court: USDC Central District of California, Judge: Selna, Filed On: November 17, 2023, Case #: 8:14cv1664, NOS: Antitrust - Other Suits, Categories: Antitrust, Attorney Fees, Contract
J. Griffin finds that the court of appeal should not have determined defrayment of operational and equipment expenses to be part of the city’s obligation to fund the Shreveport City Marshal’s operation and maintenance expenses. Statute only requires that the city fund the operation and maintenance expenses of the physical offices of the Marshal. Reversed.
Court: Louisiana Supreme Court, Judge: Griffin, Filed On: November 17, 2023, Case #: 2023-C-00182, Categories: Administrative Law, Municipal Law, Contract
J. Elgo finds the lower court properly granted the employer's motion to dismiss the former employee's discrimination complaint as untimely. She failed to file the lawsuit until six months after the Commission on Human Rights and Opportunities relinquished jurisdiction of the case, well past the 90-day limit imposed by state law. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: November 17, 2023, Case #: AC45220, Categories: Civil Procedure, Employment Discrimination
Per curiam, the appellate division finds that the trial court improperly dismissed claims contending an employee sustained injuries while attempting to unscrew a reservoir cap on a company truck because the employee demonstrated the company failed to establish that unscrewing the cap constituted an unforeseeable cause of the accident. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: CA 22-00401, Categories: Negligence
J. Waterman finds that defendant was properly convicted of a third offense of operating while intoxicated. A traffic stop was initiated when officers observed defendant driving erratically defendant, and after observing defendant’s slurred speech and bloodshot eyes, and after defendant refused a field sobriety test, defendant admitted he had been drinking. Affirmed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: November 17, 2023, Case #: 22-0037, Categories: Search, Dui
J. Boulee denies the employer's motion for attorney fees after a jury found in its favor in a race discrimination action brought by the ex-employees alleging that they were wrongfully terminated. The employer's motion was filed 24 days after final judgment was entered in the case, therefore the motion is not timely. Even if the motion was timely, an award of attorney fees would not be appropriate because the case was not frivolous. The former employees' motion for a new trial is also denied.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: November 17, 2023, Case #: 1:21cv5191, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Attorney Fees
J. Bress denies an immigrant's petition for review of a decision of the Board of Immigration Appeals. The immigrant claimed that because he was arrested under an administrative warrant, his un-Mirandized statements should have been excluded. The Ninth Circuit has long held that there exists a substantial distinction between a civil deportation proceeding and a criminal trial which make Miranda warnings inappropriate in the deportation context.
Court: 9th Circuit, Judge: Bress, Filed On: November 17, 2023, Case #: 21-352, Categories: Immigration, Miranda
J. Wormuth denies the environmental groups' petition for an injunction, ruling such a decision will have no real-world effect on the habitat of the New Mexico meadow jumping mouse. Grazing in its habitat has concluded for the 2023 calendar year and will not resume until a new biological opinion has been released by the National Fish and Wildlife Service; therefore, the claims are moot.
Court: USDC New Mexico, Judge: Wormuth, Filed On: November 17, 2023, Case #: 2:21cv733, NOS: Environmental Matters - Other Suits, Categories: Environment, Injunction
J. Calvert grants the company's motion to dismiss a negligence action arising from its failure to make property tax installment payments on behalf of the borrower. The company did not owe the borrower a duty of care to make tax payments promptly. The company contracted with the mortgage servicer to provide services and was not itself a loan servicer. The borrower failed to plausibly allege a factual basis supporting a duty of care owed by the company.
Court: USDC Northern District of Georgia, Judge: Calvert, Filed On: November 17, 2023, Case #: 1:23cv1954, NOS: Other Contract - Contract, Categories: Negligence
Per curiam, the appellate division finds that the trial court improperly dismissed claims seeking coverage for damage sustained in a car collision. Insurers demonstrated the policies did not contain supplemental spousal liability provisions, but evidence plausibly indicates one insurer had been contacted about such liability coverage. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: CA 22-00930, Categories: Insurance
J. Borghesan finds the superior court correctly ruled in a case involving owners of a neighboring waterfront shared cove. “Because the surveyor set the boundary of the properties in question at the mean high tide line, the court did not err by determining the boundary based on evidence of where the mean high tide line actually was when the properties were surveyed rather than relying solely on the location of the monument.” Affirmed.
Court: Alaska Supreme Court, Judge: Borghesan, Filed On: November 17, 2023, Case #: S-18208, Categories: Property