90 results for 'filedAt:"2023-12-22"'.
Per curiam, the appellate division finds that the trial court improperly declined to serve late notice of claim in an action contending a police officer was constructively discharged after complaining about sexual harassment. The officer should have been allowed to file late notice for claims brought under the human rights law because the town and others had knowledge of the facts. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 22, 2023, Case #: CA 22-01774, Categories: Civil Procedure, Employment
Per curiam, the Louisiana Court of Appeal reverses the trial court’s ruling and grants a former convict’s supervisory writ for the petition for expungement of a criminal theft conviction, regardless of whether he has paid off restitution in the case. Under Louisiana law, payment of restitution is not a requirement for expungement, as the amount owed can be converted to a civil monetary judgment, payable even if a related criminal conviction is no longer on the books. Vacated.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: December 22, 2023, Case #: 23-KH-91, Categories: Civil Procedure, Due Process, Enforcement Of Judgments
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J. Brunner finds a trial court may consider evidence from beyond the four corners of a criminal indictment when a defendant files a motion to dismiss prior to trial and, therefore, the court in this case was required to decide the merits of defendant's motion to dismiss when he claimed he could not be found in violation of child support orders. Defendant argued the statute did not apply to him because he was not in violation of any support orders at the time the indictment was issued, an issue wholly separate from his guilt and one that should have been considered by the court before defendant entered his guilty plea. Therefore, the appeals court properly reversed the trial court's decision and the case must be remanded to the trial court for proper consideration of the motion to dismiss. Affirmed.
Court: Ohio Supreme Court, Judge: Brunner, Filed On: December 22, 2023, Case #: 2023-Ohio-4627, Categories: Criminal Procedure, Plea
J. Smith finds that the trial court properly ruled to terminate a mother’s parental rights to her two children. An independent fact finder would conclude that the mother endangered her children through her continued use of methamphetamine, thus creating a dangerous environment. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: December 22, 2023, Case #: 03-23-00396-CV, Categories: Family Law
J. Zilly dismisses the supervisor's Americans with Disabilities Act claim accusing the hospital of not intervening when his superior discriminated against him for being gay and for having speech and hearing impediments, including tinnitus. The supervisor's disability was not the cause for his termination, because the alleged adverse employment event happened several months after the supervisor filed his last discrimination complaint, and there is no evidence that his superior treated him differently than his non-disabled co-workers.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: December 22, 2023, Case #: 2:22cv581, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Wise finds that the lower court properly ruled that a judicial opinion can not be given on the legality of legislative rules from when the State legislature passed a 4% lodging tax with a woman alleging the law was passed in a manner that violated the state's constitution. There was no error in the finding that the case involved a "nonjusticiable political question." Affirmed.
Court: Alabama Supreme Court, Judge: Wise, Filed On: December 22, 2023, Case #: SC-2023-0421, Categories: Constitution, Real Estate, Tax
J. Welbaum finds the lower court properly dismissed the driver's counterclaim against the city after she was issued a citation for speeding. The proceedings were quasi-administrative and there was no legal argument for the driver to counter with such a filing. Meanwhile, the driver's failure to rebut evidence she was the registered owner of the vehicle captured on the red light camera required the court to uphold the fine. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: December 22, 2023, Case #: 2023-Ohio-4685, Categories: Evidence, Vehicle
J. Smith finds the trial court properly ruled against a husband in a domestic violence case in which his wife was granted a protective order. The evidence shows that the husband engaged in physical and verbal abuse against the wife, which is factually supported by the evidence. Nothing in the record indicates flaws in that evidence that would lead to an unjust ruling against the husband. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: December 22, 2023, Case #: 03-21-00693-CV, Categories: Restraining Order
Per curiam, the appellate division finds that the trial court properly dismissed claims contending a divorce settlement agreement fraudulently underrepresented the number of gold ingots purchased during the marriage because receipts demonstrate the parties jointly purchased the ingots and that the wife had access to all financial records during the marriage. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 22, 2023, Case #: CA 23-00094, Categories: Family Law, Fraud, Settlements
J. Hyman finds that the lower court improperly denied the allegedly tortured man's petition to replace the special prosecutor appointed to investigate the claims due to a conflict of interest. The man's statement to detectives, although it did not acknowledge guilt, contained other incriminating statements and therefore qualifies as a "tortured confession." As a supervisor of the felony review unit in the Cook County State's Attorney's Office, the special prosecutor initiated the criminal prosecution of the man years ago and, in addition, failed to disclose his relationship with the detective accused of torture, warranting his removal. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: December 22, 2023, Case #: 220372, Categories: Civil Procedure, Prisoners' Rights
J. Oxley finds that a railway company was improperly granted a new trial following a jury verdict granting an employee damages for injuries sustained in a workplace accident because the company failed to establish prejudice resulting from the repetitive nature of the employee's rebuttal argument, which merely restated otherwise acceptable statements made in his initial closing argument.
Court: Iowa Court Of Appeals, Judge: Oxley, Filed On: December 22, 2023, Case #: 22-0587, Categories: Damages, Negligence
Per curiam, the appellate division finds that the trial court improperly upheld the town board's decision that the addition of a second-story deck to a property did not violate setback requirements because the interpretation that setbacks are measured by a building's footprint did not account for the covered porch extending into the setback area. However, the board properly held that the bunkhouse was used a sleeping quarters and not a permanent residence.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: December 22, 2023, Case #: CA 20-01094, Categories: Property, Zoning
J. Henderson finds the superior court erred by ruling that defendant, who was held in solitary confinement for 504 days, could not sue the DOC, reasoning that DOC’s conduct was not extreme and outrageous and that the prisoner’s distress was not severe enough to give rise to liability. “Assuming [defendant’s] assertions to be true, we conclude that his emotional distress was sufficiently severe to meet the required threshold for an IIED claim.” Reversed.
Court: Alaska Supreme Court, Judge: Henderson, Filed On: December 22, 2023, Case #: S-17941, Categories: Prisoners' Rights
Per curiam, the appellate division finds that the family court improperly placed children with their mother following a finding of forcible touching by the father since the mother failed to establish that the father had neglected two of the children. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 22, 2023, Case #: CAF 22-01792, Categories: Family Law
J. Valderrama grants a suburban Illinois police officer's motion for summary judgment in this civil rights case, and denies a hospital system's motion for summary judgment for its own involvement in the case. In the case, police in suburban Chicagoland pulled over a man for alleged traffic violations but then subjected him to dog-sniffing when they suspected he had cannabis on his person. The police also took the man to Christ Hospital in the suburb of Oak Lawn, where doctors carried out an examination to see if he was hiding drugs in his rectum. Ultimately only miniscule amounts of cannabis were found in the man's car, and none were found in his rectum. The man then sued all parties for battery and carrying out unreasonable searches. The court finds the man has not presented sufficient evidence regarding the alleged unreasonableness of the officers' initial stop and search, but that there is still a factual dispute as to whether he fully consented to the rectal examination.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: December 22, 2023, Case #: 1:19cv7904, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Medical Malpractice, Police Misconduct
J. Broomes grants a concrete company's motion for summary judgment concerning civil rights claims brought by a former employee. The concrete company sufficiently showed in court that it terminated the employee for ongoing absenteeism and claims brought by two female employees, who were forced to look pictures of him wearing a bodybuilding bikini, and not because he is Black.
Court: USDC Kansas, Judge: Broomes, Filed On: December 22, 2023, Case #: 2:22cv2084, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment
J. Willett finds the district court improperly denied one defendant's motion for a new trial on robbery and conspiracy charges related to the deadly robbery of a Loomis truck. New evidence emerged regarding the credibility of government witnesses, which is material as applied to one defendant; therefore, the prosecutor's disclosure of it must be reviewed. The armored truck company does not tally money by serial number, and money found in this defendant’s house would have to have been connected to the robbery by denomination. Evidence suggests the money may have been from defendant's employer, who paid him in cash. Reversed in part.
Court: 5th Circuit, Judge: Willett , Filed On: December 22, 2023, Case #: 22-30238, Categories: Evidence, Robbery, Conspiracy
J. Colloton finds a lower court properly dismissed a brewery's motion for summary judgment concerning Fair Labor Standard Act claims brought by a former employee. The brewery argued that it resolved the former employee's overtime claims in a private settlement. However, the court lacks jurisdiction based on mootness. Vacated.
Court: 8th Circuit, Judge: Colloton, Filed On: December 22, 2023, Case #: 22-3518, Categories: Employment, Jurisdiction, Labor
J. Kirsch finds for a company in claims contending the Russia Act was unconstitutionally applied when a contract was not renewed on grounds that a Japanese parent company also owned a Russian company. The state law was overbroad in prohibiting conduct allowed under federal sanctions, and the law interferes with the U.S. President's ability to discourage Russian intervention in Ukraine by allowing one state to "undercut" the federal approach to Russia's aggression. Meanwhile, the law prevents the U.S. from speaking with a unified voice in addressing the conflict in Ukraine.
Court: USDC New Jersey, Judge: Kirsch , Filed On: December 22, 2023, Case #: 3:23cv4044, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Constitution, Trade