153 results for 'filedAt:"2023-12-28"'.
J. Kerrigan finds for the commissioner of internal revenue in this tax liability dispute because the liability determination did not contain error.
Court: U.S. Tax Court, Judge: Kerrigan, Filed On: December 28, 2023, Case #: 2023-154, Categories: Tax
J. Christopher finds that the trial court improperly dismissed the holding company's Chapter 21 claim against the state in a dispute over the repurchase of property previously taken by the state through eminent domain for a highway project. Chapter 21 allows for a "legislative waiver of immunity" in this case, so the state's plea to the jurisdiction was incorrectly granted. Reversed in part.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: December 28, 2023, Case #: 14-22-00559-CV, Categories: Government, Property, Jurisdiction
J. Jewell finds that the trial court properly admitted to probate the disputed will that left most of the decedent's estate to her grandson and one of her daughters. There was no error in rejecting the 2019 addendum as a codicil, and there was insufficient evidence that the disputed will was a "product of undue influence." Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: December 28, 2023, Case #: 14-22-00773-CV, Categories: Wills / Probate
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J. Hassan finds that the mother's parental rights to her daughter were properly terminated based on sufficient evidence to support the endangerment and best interest findings. The mother has a "lengthy history of substance abuse" and exposed the child to "instability and uncertainty" through her actions. Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: December 28, 2023, Case #: 14-23-00498-CV, Categories: Evidence, Family Law
J. Stiglich finds the trial court improperly convicted defendant for drug trafficking. Defendant was arrested after contraband was found in his vehicle pursuant to a traffic stop for a partially obscured license plate. The license plate frame that partially obscured the word "Nevada" on the plate does not constitute foreign materials within the meaning of the applicable statute. The plate is clearly legible if the required registration information is identifiable. Reversed.
Court: Nevada Supreme Court, Judge: Stiglich , Filed On: December 28, 2023, Case #: 85271, Categories: Drug Offender, Search
J. Graber finds that the district court properly entered a securities fraud conviction for defendant, who claimed that the district court improperly coerced the jurors into reaching a unanimous guilty verdict by sending them home at 4:30 p.m. with the instruction to return the next day. Simply excusing the jurors for an evening recess did not equal an instruction to them to strive for a unanimous verdict. Affirmed.
Court: 9th Circuit, Judge: Graber, Filed On: December 28, 2023, Case #: 22-10249, Categories: Fraud, Jury, Securities
J. Crenshaw denies the property managers' motion to dismiss the multifamily plaintiffs' second amended complaint in this antitrust case alleging that a software company and its clients "have formed an illegal price-fixing cartel" in the multifamily housing market. The complaint sufficiently alleges that a certain revenue management service called Lease Rent Options "uses private data." Also, the prior complaint does not contradict the current complaint. Accordingly, the court declines to dismiss the claims "as they relate to LRO from the Multifamily Complaint."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: December 28, 2023, Case #: 3:22cv1082, NOS: Antitrust - Other Suits, Categories: Antitrust, Civil Procedure, Housing
J. Aoyagi finds trial court properly declined to declare a mistrial after a witness vouched for the complainant that contributed to defendant’s conviction for two counts of first-degree sodomy. “The court took appropriate corrective action to address the situation, including striking the testimony, giving a detailed curative instruction, and giving a final instruction that reiterated the jury’s singular responsibility for making credibility determinations.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: December 28, 2023, Case #: A176792, Categories: Sex Offender, Child Victims, Jury Instructions
J. Hellman finds the post-conviction court properly concluded that defendant’s trial counsel did not provide inadequate and ineffective assistance of counsel after counsel failed to argue for merger of petitioner’s convictions. “Recklessly endangering another person and attempted first-degree assault each require proof of an element that the other does not, they do not merge.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: December 28, 2023, Case #: A176150, Categories: Ineffective Assistance, Sentencing, Assault
J. Pritzker finds that the tax appeals tribunal improperly reduced personal income tax refunds based on credits a business claimed under a state economic development program. Using a formula to separate in-state from out-of-state income to calculate credits was unwarranted because the taxpayers' firm, of which they were 50% owners, did only in-state business during the affected tax year. Reversed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: December 28, 2023, Case #: 535980, Categories: Tax
Per curiam, the appellate division finds that attorney Shona Mackinnon Crallan of the United Kingdom may be reinstated following her May 2019 suspension for failing to meet registration requirements. Concurrently, her request to resign from the New York bar for nondisciplinary reasons should be granted.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 28, 2023, Case #: PM-287-23, Categories: Attorney Discipline
J. Deters finds the lower court properly dismissed a child's loss of consortium claim. When a parent's medical negligence claim is barred by Ohio's statute of repose, the loss of consortium claim is also extinguished. Although the child's claim is not derivative of the patient's initial medical negligence action, the statute of repose bars the claim in its entirety, not just the remedy, as a statute of limitations would, and prevents the loss of consortium claim. Affirmed.
Court: Ohio Supreme Court, Judge: Deters, Filed On: December 28, 2023, Case #: 2023-Ohio-4696, Categories: Civil Procedure, Medical Malpractice
J. Peterson finds that the lower court properly found for the village on a law firm's suit for breach of contract regarding its attempt to buy or continue to lease certain commercial real property that was allegedly thwarted by the village. The law firm failed to show the village knew the terms of its lease when it negotiated to purchase the subject property or that it took any action to persuade the landlord to breach the lease. Affirmed.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: December 28, 2023, Case #: 230083, Categories: Landlord Tenant, Interference With Contract, Contract
J. Jones dismisses the employee's complaint asserting that he was the victim of sexual harassment in Target's breakroom. The employee does not allege any description of the alleged sexual harassment to qualify as a single event hostile work environment, but if the employee can add facts from the police report and other evidence, he may file an amended complaint.
Court: USDC Oregon, Judge: Jones, Filed On: December 28, 2023, Case #: 3:23cv1301, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
Per curiam, the North Dakota Supreme Court finds that the district court properly dismissed a petition for post-conviction relief. The petition was brought outside the statute of limitations. Defendant has raised no genuine issue of fact on newly discovered evidence. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: December 28, 2023, Case #: 2023ND242, Categories: Evidence
J. Bevan finds that the Industrial Commission erred in concluding that an employer failed to show it fired an employee for misconduct. The standards of behavior test measures the subjective expectations of the employer, not the employee. The record shows that the employee's refusals to meet with a supervisor were insubordinate and she did not respond to warnings, so she is not entitled to unemployment benefits. Reversed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: December 28, 2023, Case #: 50045, Categories: Employment
J. Tijerina finds that the lower court improperly awarded loss of use damages to the appellees in this lawsuit asserting nuisance and trespass claims against the owners of an adjacent property. The appellees were not entitled to loss of use damages, as "their damages were deemed permanent." Reversed in part.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: December 28, 2023, Case #: 13-21-00460-CV, Categories: Real Estate, Damages
J. Gilman grants an immigrant's petition for review of the Board of Immigration Appeals’ (BIA) decision and order denying her motion to remand for the consideration of her application for asylum. The BIA abused its discretion in failing to properly evaluate whether the immigrant had established good cause for missing a filing deadline.
Court: 9th Circuit, Judge: Gilman, Filed On: December 28, 2023, Case #: 21-411, Categories: Immigration
[Consolidated.] J. Donovan reverses an order granting an environmental advocacy organization’s appeal of the New Hampshire environmental services department’s issuance of a permit to a waste management firm, which would allow the company to expand its landfill. While the advocacy organization had standing to appeal the permit, the officer hearing the appeal misinterpreted the relevant statute.
Court: New Hampshire Supreme Court, Judge: Donovan, Filed On: December 28, 2023, Case #: 2022-0690, Categories: Environment, Municipal Law
J. Gallagher finds the state failed to prove the state of mind required to convict defendant of forgery for his application to use his employer's address on his driver's license and vehicle registrations. As a police officer, defendant was eligible to use his work address on the documents, and the state does not dispute a correctly filled out form would have prevented any criminal prosecution. Reversed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: December 28, 2023, Case #: 2023-Ohio-4787, Categories: Evidence, Forgery
J. Hiramoto holds that the juvenile court's termination of parental rights without an inquiry with extended family members about the child's ancestry was an abuse of discretion. The county social services agency must conduct a full inquiry into the child's native heritage under the Indian Child Welfare Act. Reversed.
Court: California Courts Of Appeal, Judge: Hiramoto, Filed On: December 28, 2023, Case #: A167363, Categories: Family Law, Native Americans
J. Ortega finds the trial court properly held defendant in contempt of court, ORS 33.015, for violating a restraining order issued under the Family Abuse Protection Act after finding that he had the requisite mental state for contempt. The court “applied the correct legal standard and therefore did not err in finding defendant in contempt on that basis.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: December 28, 2023, Case #: A176499, Categories: Contempt, Family Law
J. Palafox dismisses, for want of jurisdiction, an appeal brought by El Paso after the city was sued in a wrongful death case by parents who alleged their son lost control his motorcycle because a city street went “suddenly and without notice” from smooth asphalt to a rough unsurfaced street. Because the parents had nonsuited their tort claim, the controversy was moot at the time of the city’s appeal, and the city has presented no independent claim for relief that would justify overcoming the mootness doctrine.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: December 28, 2023, Case #: 08-23-00174-CV, Categories: Government, Jurisdiction, Wrongful Death
J. Stewart finds that the juvenile court had discretion to deny a request to reduce a juvenile's baseline term of confinement who was 14 when he shot and paralyzed a man during a robbery. A ward who follows his rehabilitation plan is not necessarily entitled to a reduction to the baseline term. Affirmed.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: December 28, 2023, Case #: A166850, Categories: Juvenile Law, Sentencing