110 results for 'filedAt:"2023-12-11"'.
J. Singh finds a lower court properly dismissed the home department's motion for an immigration exemption concerning the processing of personal data rights under the U.K. General Data Protection Regulation. The home department argued that a processing data exception is within the public interest. However, a grassroots organization presented sufficient evidence in court that processing personal data based on a civilian's political opinions, race, religious beliefs, and biometric information is prohibited under the Act. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Singh, Filed On: December 11, 2023, Case #: CA-2023-763, Categories: Civil Rights, Government, Immigration
J. Slieter affirms the district court's modification of a grandparent-visitation order which allowed a child to live with her mother in Massachusets and required the grandparents to visit her there. A state law provision requiring a custodial parent to obtain a court order or consent of another parent with parenting time to move to another state does not apply to grandparent-visitation rights when there is no parenting-time order with another parent. The district court also acted within its discretion when properly applying a different state law concerning modification of parenting-time orders. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Slieter, Filed On: December 11, 2023, Case #: A23-0331, Categories: Family Law, Due Process
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J. Huffaker dismissed and directs this suit to be closed in favor of the county commission, other departments and community in this racial wrongful death claim brought by the father of his decedent. The father alleges the county’s E-911 department failed to provide equal and non-discriminatory services to Black residents after he heard gunshots in the area where the decedent was shot. He fails to show any evidence that the official county policy would hold the commission liable and failed to cure his deficiencies in the original complaint to state a plausible claim to any of the claims.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: December 11, 2023, Case #: 1:22cv693, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Negligence, Wrongful Death
Per curiam, the circuit finds that the district court properly dismissed class false advertising claims concerning dietary supplements labeled as "fish oil" because claims contending that a certain step during processing turned the fish oil into another substance were preempted by federal food and drug law barring states from establishing unique labeling requirements. Meanwhile, the labels did not materially mislead reasonable consumers. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: December 11, 2023, Case #: 23-710-cv, Categories: Preemption, False Advertising
J. Vinci finds that the trial court properly dismissed claims contending a nursing home failed to prevent a resident from developing fatal pressure wounds because the estate failed to provide an appropriate affidavit of merit and referred generally to nursing staff while indiscriminately combining staffs from two separate facilities. Meanwhile, administrative negligence claims had been abandoned on appeal. Affirmed.
Court: New Jersey Appellate Division, Judge: Vinci , Filed On: December 11, 2023, Case #: A-2036-22, Categories: Civil Procedure, Negligence
J. Patton finds defendant's obstruction conviction was supported by sufficient evidence, including testimony from the arresting officer that he turned around when he saw the officer approach his hotel, deadbolted the door behind him and jumped out the window into bushes following his refusal to appear at a halfway house to receive a GPS ankle monitor. Meanwhile, the trial court properly denied defendant's motion to suppress firearms discovered in his hiding space under a furnace because the weapons were immediately visible when officers shone flashlights in the space and, therefore, were subject to the plain view doctrine. Affirmed.
Court: Ohio Court Of Appeals, Judge: Patton, Filed On: December 11, 2023, Case #: 2023-Ohio-4484, Categories: Evidence, Search, Obstruction
J. Gardephe finds for the auction house in a dispute over rights to a dress worn by Judy Garland in The Wizard of Oz which the auction house seeks to sell on behalf of the Catholic University of America after it was discovered among the belongings of a now-deceased priest and drama professor. The priest's closest living family member may not assert claims on behalf of his estate because she is not the estate's personal representative. In addition, the priest observed vows of poverty throughout his teaching career, and so it was reasonable for the estate's representative to represent in probate court that the priest had no assets.
Court: USDC Southern District of New York, Judge: Gardephe, Filed On: December 11, 2023, Case #: 1:22cv3571, NOS: Other Fraud - Torts - Personal Property, Categories: Wills / Probate
Per curiam, the Indiana Supreme Court finds that attorney Angela Trapp should be suspended from the practice of law for 30 days for committing misconduct by making false statements to the court and knowingly communicating with someone represented by an attorney.
Court: Indiana Supreme Court, Judge: Per Curiam, Filed On: December 11, 2023, Case #: 22S-DI-254, Categories: Attorney Discipline
J. Berkenkotter finds the trial court properly granted defendant's motion for sanctions against the prosecutor's office and reduced the charge of first-degree murder to second-degree murder. Evidence clearly indicated an ongoing pattern of misconduct that included unreasonable delays or an outright refusal to produce discovery materials in several cases, including the one at issue. Because defendant's attorney was prevented from adequately analyzing the majority of the material, he was clearly prejudiced by the behavior and sanctions were warranted. Affirmed.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: December 11, 2023, Case #: 2023CO61, Categories: Murder, Sanctions, Discovery
J. Kobes finds a lower court properly ruled in favor of an insurance company on an insured's contract claims. The insured argued that the insurance company was obligated to cover losses as a result of the Covid-19 pandemic. However, the insurer sufficiently showed in court that his policy does not cover business losses. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: December 11, 2023, Case #: 22-3477, Categories: Insurance, Covid-19
J. Sannes rules on a series of motions to dismiss and preserves one claim for procedural due process against the Village of Lake Placid and its elected officials for allegedly failing to provide two local homeowners sufficient notice of a special public meeting which prevented them from contesting the village’s proposed plans to renovate a nearby school building. The court further preserves an ADA claim for disability discrimination, finding one of the homeowners, who suffers from mobility issues due to multiple sclerosis, successfully alleges she was denied access to the city’s public sidewalks as a result of the ongoing construction work.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: December 11, 2023, Case #: 8:22cv314, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Due Process
Per curiam, the Texas Supreme Court grants the state's petition for mandamus relief, ordering the district court to vacate the temporary restraining order blocking the Texas Attorney General from prosecuting individuals involved in providing an abortion to a woman who claims she needs an abortion to prevent further risk to her life. Although the woman's doctor asserts that she has a "good faith belief" that the woman qualifies for an abortion under the medical-necessity exception of the law, she has not asserted that she exercised her "reasonable medical judgment" when coming to that conclusion, which is required for the exception to apply.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: December 11, 2023, Case #: 23-0994, Categories: Civil Rights, Health Care, Restraining Order
J. Nivison grants, in part, an ex-wife's motion for partial summary judgment pertaining to her former husband's res judicata defense to her personal injury claim. The parties' divorce decree did not decide issues related to her injury claim.
Court: USDC Maine, Judge: Nivison, Filed On: December 11, 2023, Case #: 2:20cv452, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, Family Law, Tort
J. Miller finds that while defendant may have had license to enter the rental property when her tenant invited her in to inspect a broken water heater, the trial court properly denied her motion for acquittal on trespass and assault charges. Once she left the house to call police, the tenant revoked permission and, therefore, her second entry was unlawful. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: December 11, 2023, Case #: 2023-Ohio-4476, Categories: Assault, Trespass
[Consolidated.] J. Wilkin finds the trial court made all required findings prior to ordering defendant's 11-month sentence for violation of a protective order be served consecutively to the sentence he was already serving. Furthermore, the failure by defendant's appellate counsel to obtain a copy of his presentence investigative report did not violate his constitutional rights because Ohio law requires access to the report, but does not mandate the court provide a copy. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: December 11, 2023, Case #: 2023-Ohio-4582, Categories: Constitution, Sentencing, Restraining Order
J. Immergut grants the finance company's motion to enforce the settlement agreement arising from the apartment building seeking declaratory judgment that it is not in default under the loan documents after it submitted a request for loan forbearance related to the Covid-19 pandemic and then gave the apartment building a reinstatement offer with more fees attached. The eight essential terms of the settlement are enforceable as of Aug. 18, 2023, because the contingent language makes the parties' original intent to be bound to the agreement clear, and the apartment building does not present any applicable cases that would support its argument that it is not bound to the agreement.
Court: USDC Oregon, Judge: Immergut, Filed On: December 11, 2023, Case #: 3:21cv569, NOS: Other Contract - Contract, Categories: Settlements, Covid-19, Contract
J. Thrash grants the diagnostic testing provider's motion to remand a declaratory judgment action seeking recission of a confidentiality agreement back to DeKalb County court. The provider also seeks a declaration that settlements of its billings on third-party claims by the insurer are voluntary. The limited declaratory relief sought by the provider does not meet the amount-in-controversy requirement. The insurer's motion to dismiss the action is denied as moot.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: December 11, 2023, Case #: 1:23cv3935, NOS: Insurance - Contract, Categories: Insurance
[Consolidated.] J. Bianco finds that the district court improperly ordered the destruction of financial records obtained by federal labor agents and used in prosecuting a fraudulent life insurance scheme that caused over $50 million in losses. The criminal case had been resolved, but records may be required to defend against anticipated collateral attacks on that conviction and to preserve evidence should retrial occur.
Court: 2nd Circuit, Judge: Bianco, Filed On: December 11, 2023, Case #: 22-1057, Categories: Fraud, Insurance, Discovery