103 results for 'filedAt:"2023-11-20"'.
J. Paris finds for the commissioner of internal revenue in this tax liability action since intent to levy was supported by the evidence and fell within the settlement officer's discretion.
Court: U.S. Tax Court, Judge: Paris, Filed On: November 20, 2023, Case #: 2023-139, Categories: Tax
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J. Liu answers the court of appeals' question as to whether the citizen's suit, which claims Californians are owed $2.5 billion for PG&E-caused power shutoffs, is barred by public utility code. The suit is barred because it does not allege the shutoffs were unnecessary or that they violated code.
Court: California Supreme Court, Judge: Liu , Filed On: November 20, 2023, Case #: S273340, Categories: Energy, Agency, Class Action
J. Groban finds the court of appeals improperly upheld the lower court's mid-range sentence for defendant, who was convicted for false imprisonment of his girlfriend by violence, while on a meth-fueled, delusional tirade that included punching and kicking her, as well as spraying her with pepper spray and glass cleaner. While defendant's appeal was pending, the legislature enacted a bill requiring courts to enter a lower term when a psychological, physical, or childhood trauma contributed to the offense, and the record does not clearly indicate the lower court would have imposed the same sentence had it been aware of the scope of its discretionary powers under the current bill. Reversed.
Court: California Supreme Court, Judge: Groban , Filed On: November 20, 2023, Case #: S275788, Categories: Sentencing, Assault, Kidnapping
J. Mayle finds the lower court properly denied family services' motion for permanent custody of the child and awarded custody to the father. While he may not have received training to deal with the child's special needs, he completed the majority of his case plan, while the agency's failure to provide specialized training is the only reason for the lack in training. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: November 20, 2023, Case #: 2023-Ohio-4238, Categories: Evidence, Family Law
J. Marks grants a farm company and its driver’s motion for summary judgment in this dispute over insurance coverage for injuries sustained in a car collision. The married couple alleges negligent hiring, retention, monitoring, supervision or training of the driver. There is no evidence to show that the driver’s negligence was incompetent.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: November 20, 2023, Case #: 1:22cv33, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Vehicle, Negligence
J. Africk denies a request by the lessor of land underneath a 19-story office tower to dismiss state law unfair trade practice claims by the owner and developer of the building, arising from a dispute over insurance provisions of a ground lease. The text of the contract cited by the lessor is ambiguous and dismissal of the building owner’s unfair trade practice claim based on the phrase "reasonably obtainable" would be inappropriate at this time.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: November 20, 2023, Case #: 2:23cv2085, NOS: Other Contract - Contract, Categories: Insurance, Real Estate, Contract
J. Graham denies the employer's motion to dismiss, ruling that although it is based in Florida, its decision to form a partnership with the Ohio-based employee and allow him to work from home satisfies Ohio's long-arm statute and establishes jurisdiction for the employee's lawsuit.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: November 20, 2023, Case #: 2:22cv4376, NOS: Stockholders’ Suits - Contract, Categories: Employment, Jurisdiction, Contract
J. Trapp finds the trial court properly granted the college's motion for summary judgment on the employee's wrongful termination claim. His contract was for a fixed, 1-year period, which prevented him from bringing such a claim under Ohio law. Furthermore, he failed to rebut evidence the college paid him the full amount of his unused benefits upon the expiration of his contract. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: November 20, 2023, Case #: 2023-Ohio-4180, Categories: Employment, Evidence
J. Medina finds the trial court properly refused to dismiss under New Mexico's anti-SLAPP statute a jockey's fraud, malicious abuse of process and other claims against horse racing inspectors' who initiated an investigation that led to his suspension - a decision that was eventually overturned. The inspectors' failure to produce physical evidence of the electrical device allegedly thrown into a trashcan by the jockey and their destruction of the camera used to take photos of the device rendered their accusations baseless and insufficient to support an investigation, which allows for application of the sham exception to the anti-SLAPP statute. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Medina, Filed On: November 20, 2023, Case #: A-1-CA-40013, Categories: Anti-slapp, Licensing
J. Boomgaarden finds that the lower court improperly denied a motion to compel arbitration in a wrongful death and medical malpractice dispute. The lower court denied the motion on the grounds that the right to compel arbitration was waived by one of the parties by waiting too long to seek it. While it is true there was a sizeable delay of 14 months, delays like that are not enough to show intent to relinquish arbitration rights. Reversed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: November 20, 2023, Case #: S-23-0082, Categories: Arbitration, Medical Malpractice
J. Burns denies a motion for rehearing filed by a company accused of infringement in a trade secrets case. The trial court properly held the company cannot compel arbitration against the semiconductor manufacturer whose trade secrets were allegedly misappropriated by its former employee, as it is not party to the employee's contract with his previous employer.
Court: California Courts Of Appeal, Judge: Burns , Filed On: November 20, 2023, Case #: A165378, Categories: Arbitration, Trade Secrets
J. Bokor finds the trial court properly found in favor of the candidate in a lawsuit from the city claiming that, under the city charter and city codes, he did not qualify to run for city commissioner because he did not meet certain residency requirements, in part due to changes in the electoral maps in June 2023 from a federal lawsuit over unconstitutional gerrymandering. The trial court correctly held that the plain language of the city charter controls, and under that plain language, without reading any extra words into it, the candidate qualifies to run because he lived in his district for more than 20 years before the maps changed months ahead of the election, satisfying the charter's requirements that candidates "shall have resided" within their district for at least one year before qualifying as a candidate. Affirmed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: November 20, 2023, Case #: 23-1776, Categories: Elections, Municipal Law
J. Singas finds that the appellate division properly held that confrontation violations had not occurred in convicting defendant, a nanny, of the stabbing deaths of two children in her care because the admission of "testimonial" autopsy reports and the failure to allow defendant to cross-examine the medical examiner who wrote the reports constituted harmless error in light of the overwhelming evidence of guilt, including the confession entered in mounting an insanity defense. Affirmed.
Court: New York Court Of Appeals, Judge: Singas, Filed On: November 20, 2023, Case #: 74, Categories: Confrontation, Evidence, Murder
J. Halligan answers a reformulated certified question by finding that failing to provide written notice of assignment deprives a purported assignee of contractual standing to bring a claim against an insurer. Restrictions had not been placed on making the assignment, but the policy contained a provision requiring receipt of notice to effectuate any transfer of ownership rights.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: November 20, 2023, Case #: 77, Categories: Civil Procedure, Insurance
J. Yegan finds the trial court properly convicted defendant for human trafficking of a minor for a commercial sex act involving force. Evidence found during the traffic stop, including condoms, feminine hygiene products, wigs, clothing, and text messages referring to prostitution and threats of abuse, was properly admitted and supports the conviction. Affirmed.
Court: California Courts Of Appeal, Judge: Yegan , Filed On: November 20, 2023, Case #: B312618, Categories: Evidence, Sex Offender, Child Victims
J. Connolly affirms the district court's denial of the biological parents' motion seeking to revoke their consents to adoption on the basis of fraud. Such motions are governed by a 90-day deadline imposed by the rules of juvenile protection procedure rather than Minnesota's six-year statute of limitations for fraud claims. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Connolly, Filed On: November 20, 2023, Case #: A23-0663, Categories: Civil Procedure, Family Law
J. Kelly finds a lower court properly sentenced a defendant to 132 months in prison and five years probation after he conditionally pleaded guilty to possessing with intent to sell fentanyl. The defendant argued that the lower court erred in denying his motion to suppress evidence seized by authorities at a Greyhound Bus station, which resulted in a drug sniffing dog alerting to narcotics in his backpack. However, authorities properly obtained a warrant based on suspicion that the defendant was armed and dangerous, his nervous demeanor, and the probability that he may attempt to flee. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: November 20, 2023, Case #: 22-3006, Categories: Drug Offender, Evidence, Sentencing
J. Bruggink finds for the U.S. in this post-award bid protest related to a contract to provide coding services for Medicare and Medicaid because the department conducted a thorough and reasonable evaluation of the proposals.
Court: Court of Federal Claims, Judge: Bruggink, Filed On: November 20, 2023, Case #: 23-1113C, Categories: Contract
J. Bloomekatz finds the lower court properly dismissed the Republican Party member's lawsuit regarding the constitutionality of a "gender quota" for its central leadership committee. The state laws challenged by the member are also included in the party's bylaws, which means a court order to strike down the state laws would not redress his injury and, therefore, he lacked standing to bring his lawsuit. Affirmed.
Court: 6th Circuit, Judge: Bloomekatz, Filed On: November 20, 2023, Case #: 23-3178, Categories: Constitution, Government, Jurisdiction
Per curiam, the circuit finds that the district court improperly held that prison officials were entitled to qualified immunity in claims contending an inmate's religious rights were violated because the failure to update a list excluded the inmate, a practicing Baptist, from all religious services for five months. Furthermore, the inmate alleged an official had been aware of the violations.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 20, 2023, Case #: 21-533, Categories: Constitution, Prisoners' Rights