163 results for 'filedAt:"2023-12-15"'.
J. Vasquez finds a lower court improperly denied a former Arizona Air National Guard agent's motion for summary judgment concerning claims that he failed to comply with a clearance order. The State argued that the former agent, who was indicted on criminal charges of improperly submitting work related travel expenses, was not entitled to a Freedom of Information Act request concerning his clearance status. However, the former agent sufficiently showed in court that in order to move ahead, both parties have to show whether or not that AZANG is an actual law enforcement agency. Reversed.
Court: Arizona Court Of Appeals Division Two, Judge: Vasquez, Filed On: December 15, 2023, Case #: 2 CA-SA 2023-69, Categories: Employment, Government, Jurisdiction
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J. Barringer finds that the court of appeals improperly vacated defendant's conviction for conspiracy to commit robbery because the trial court properly declined to dismiss the charges based on evidence presented by the state.
Court: North Carolina Supreme Court, Judge: Barringer, Filed On: December 15, 2023, Case #: 264A21, Categories: Robbery
J. Lindblom finds a lower court properly dismissed a local resident's challenge of a grant of planning permission against a local planning authority. The local resident argued that the local planning authority was not entitled to demolish a historical residence in order to install solar power equipment. However, the local planning authority sufficiently showed in court that the house, which has since been demolished, was in extreme disrepair. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lindblom, Filed On: December 15, 2023, Case #: CA-2022-1307, Categories: Government, Housing
J. Arnold finds a lower court properly dismissed a group of "Swatch" watch makers trademark claims against Samsung. Swatch argued that Samsung infringed on two of its smart watches' dial branding technology apps. However, Swatch failed to properly show in court that Samsung was aware of the alleged illegal activity. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Arnold, Filed On: December 15, 2023, Case #: CA-2022-1738, Categories: Evidence, Trademark
J. Shubb denies, in part, Subaru’s motion to dismiss an automotive group’s claims arising from a dispute regarding the construction of a dealership. The group has sufficiently pleaded its contract claim related to Subaru's call on a letter of credit.
Court: USDC Eastern District of California, Judge: Shubb, Filed On: December 15, 2023, Case #: 2:22cv997, NOS: Contract Product Liability - Contract, Categories: Construction, Vehicle, Contract
J. McDermott finds that defendant was properly denied deferred judgment after he pleaded guilty to theft and willful injury causing bodily injury following a knife attack because the violent nature of the crime justified "shock" probation. Affirmed.
Court: Iowa Supreme Court, Judge: McDermott, Filed On: December 15, 2023, Case #: 22-1062, Categories: Sentencing, Theft
J. Chun grants the insured mechanical contractor partial summary judgment for its complaint that the insurance company must cover $355,500 in costs that the contractor incurred in a construction project. The insurance company denied the coverage claim on the assertion that the contractor violated its insurance policy by incurring those costs before the tender on Feb. 24, 2022. However, the prior consent clause it cites is not a "core coverage requirement" that precludes the contractor's claims because it follows the conditional phrase that an average person could interpret that the prior consent clause is a "condition precedent of the agreement."
Court: USDC Western District of Washington, Judge: Chun, Filed On: December 15, 2023, Case #: 2:23cv431, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Friot denies the defendant police officer's summary judgment motion as to the Section 1983 equal protection claim against him. The former employee's evidence, though "shaky at best," is sufficient to survive the officer's summary judgment motion. Specifically, there is an issue of fact as to the date of an alleged sexual assault.
Court: USDC Western District of Oklahoma , Judge: Friot, Filed On: December 15, 2023, Case #: 5:21cv466, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
Per curiam, the Vermont Supreme Court finds the trial court properly granted summary judgment in favor of a Vermont cabinet company in this contract dispute. The New York homeowners failed to comply with jurisdiction requirements for the delivery of a summons and the complaint resulting in the findings of personal jurisdiction.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: December 15, 2023, Case #: 22-AP-202, Categories: Jurisdiction
J. Merkl awards a restaurant employee $169,773 in attorney fees and $8,062 in costs after he prevailed at trial on his claims for unpaid overtime wages, spread of hours and failure to provide a time-of-hire notice. He won $618,888 in damages. The court finds both his counsels’ hourly rates and billed hours to be excessive compared to similar cases filed in the district and applies a 25% reduction to their requested amount.
Court: USDC Eastern District of New York, Judge: Merkl, Filed On: December 15, 2023, Case #: 1:20cv1319, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Attorney Fees, Labor
J. Cole finds that the lower court properly convicted defendant for second-degree assault but improperly sentenced him. The lower court did not err in admitting a certain jail-surveillance video. Defendant does not contend that the video was altered, and a detention officer testified that the video admitted at trial "was the same as the video he watched the day after the incident." However, the lower court improperly sentenced defendant a second time "with a more severe sentence," in violation of double jeopardy principles. Affirmed in part.
Court: Alabama Court of Criminal Appeals, Judge: Cole, Filed On: December 15, 2023, Case #: CR-21-0410, Categories: Sentencing, Assault, Double Jeopardy
J. Alvord finds the lower court properly granted the city's motion for summary judgment because the 3-year age difference between the detective and the officer promoted to sergeant was insufficient on its own to establish a prima facie case of age discrimination. Additionally, the detective's list of individuals under the age of 40 promoted to sergeant since 2008 failed to prove the city had a policy of promoting only younger officers because it did not specify whether there were any applicants over the age of 40. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: December 15, 2023, Case #: AC45866, Categories: Evidence, Government, Employment Discrimination
J. Palafox finds a lower court erred in a mineral-rights dispute stemming from a so-called “double-fraction dilemma” in over the years, holders of mineral rights use separate fractions to allocate ownership. Contrary to the ruling of a lower court, the deed conveyed “floating royalty interest” to one set of owners, as language in the deed confirms. Reversed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: December 15, 2023, Case #: 08-23-00058-CV, Categories: Property, Real Estate, Contract
J. Jensen finds that the district court properly entered an amended judgment modifying defendant's sentence after he was charged with six criminal offenses, including two counts of driving under the influence while causing the death of another and four counts of reckless endangerment. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: December 15, 2023, Case #: 2023ND231, Categories: Sentencing, Dui
[Consolidated.] Per curiam, the appeals court finds that the trial court lacked jurisdiction to deny a motion to compel appraisal in one of the consolidated cases because the prior order was pending. Therefore, this case is remanded back to vacate the subsequent order. The trial court properly denied the motion in the prior case. Reversed in part. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: December 15, 2023, Case #: 6D23-1570, Categories: Insurance, Jurisdiction
J. Barbier grants a request by a Texas-based corporation to dismiss theft of trade secrets claims by a Louisiana based-HVAC goods and service business. The complaint does not explain exactly what actions or conduct by the Texas corporation could constitute egregious actions involving elements of fraud, misrepresentation, deception or other unethical conduct, which would violate Louisiana’s law against unfair trade practices. Instead, the HVAC business accuses it of stealing information about the design and production of its product without any supporting evidence, which is insufficient for a determination of whether the Texas company’s conduct was unfair and violative of public policy.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: December 15, 2023, Case #: 2:23cv1669, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Fraud, Trade Secrets, Unfair Competition
J. Sweeney denies JP Morgan Chase's motion to compel arbitration in claims contending a bank manager racially discriminated against a Black customer by accosting her and telling her she was not welcome there as he threatened to call the police because an arbitration clause in the bank's contract with the customer referred only to her deposit account without extending to the customer's discrimination claim.
Court: USDC Colorado, Judge: Sweeney, Filed On: December 15, 2023, Case #: 1:23cv2266, NOS: Other Civil Rights - Civil Rights, Categories: Arbitration, Civil Rights, Contract
J. Harbison finds the superior court erred by giving the wrong jury instruction for defendant, convicted of violating a protective order. “The court’s error deprived Hughes of a meaningful opportunity to present his defense.” Reversed.
Court: Alaska Court Of Appeals, Judge: Harbison, Filed On: December 15, 2023, Case #: A-13683, Categories: Jury Instructions