187 results for 'filedAt:"2023-05-24"'.
J. Fish denies, in part, an employer and insurer's motions to dismiss a father's claims for insurance coverage for his son, who has behavioral and mental health issues. He has sufficiently pleaded his claim for coverage pertaining to a facility that specializes in treating minors with mental health issues.
Court: USDC Northern District of Texas , Judge: Fish, Filed On: May 24, 2023, Case #: 3:22cv1919, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Insurance
J. Sullivan denies an individual's motion for clarification of the district court's previous opinion, which denied the Secretary of the Department of Health and Human Services' motion to dismiss the individual's challenge to a denial of Medicare coverage. Contrary to the individual's arguments, the court only previously decided it had subject matter jurisdiction due to conflicts regarding certain therapy trial requirements, while it did not decide whether other conflicts exist.
Court: USDC District of Columbia, Judge: Sullivan, Filed On: May 24, 2023, Case #: 1:17cv797, NOS: Medicare Act - Contract, Categories: Civil Procedure, Jurisdiction, Medicare
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J. Smith finds that the trial court properly terminated the mother's parental rights to her son. The evidence was sufficient to support the finding that the mother engaged in endangering conduct, including her "history of criminal activity and drug use." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: May 24, 2023, Case #: 10-23-00086-CV, Categories: Evidence, Family Law
J. Warner finds that the trial court should have vacated default judgment entered after plaintiffs' attorney failed to attend a case management conference because plaintiffs sufficiently demonstrated excusable neglect. Reversed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: May 24, 2023, Case #: 4D22-3122, Categories: Civil Procedure
J. Gildea partially reverses the Court of Appeals' decision regarding an administrative rule governing the handling of absentee ballots. While the Court of Appeals correctly held that there was no conflict between state statute and a portion of the rule that prohibits ballot board members from rejecting ballots because they are signed with a nickname, an existing statute conflicts with the portion of the rule which outlines a process for ballot board members to review ballots where the voter's identification number does not match the one on the signature envelope the ballot is sent in.
Court: Minnesota Supreme Court, Judge: Gildea, Filed On: May 24, 2023, Case #: A22-0111, Categories: Elections, Preemption
J. Anderson affirms the district court's finding that language in a proposed charter amendment that has been deemed unconstitutional is not severable from the rest of the amendment. The purpose of the amendment, which would have overhauled the city's municipal elections, is fundamentally tied to the unconstitutional language, which would have blocked the use of ranked-choice voting unless previously approved by voters in a manner preempted by state statute. Affirmed.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: May 24, 2023, Case #: A22-1190, Categories: Constitution, Elections, Municipal Law
J. Moore reverses the court of appeals' finding that the once-convicted person was exonerated for the purposes of exoneration compensation. The convicted person has not presented "evidence of factual innocence," since the overturn of her second-degree manslaughter conviction was premised on a legal, rather than a factual, issue. Reversed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: May 24, 2023, Case #: A20-1098, Categories: Manslaughter, Due Process
J. Watkins denies, in part, a city and police officer's motion for summary judgment on an individual's civil rights claims related to a police shooting. There are genuine issues of fact pertaining to his claims for unlawful assault and battery, violation of his Fourth Amendment rights and negligence.
Court: USDC Middle District of Alabama, Judge: Watkins, Filed On: May 24, 2023, Case #: 2:21cv799, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Assault, Police Misconduct
J. Hunter finds that the trial court properly granted the motion to dismiss a client's action against a law firm as abandoned. In this case, the last effective step in the prosecution of the action occurred on March 8, 2001, when the client served the law firm's counsel with written discovery requests. Further, the record shows that the client was unable to file the motion to compel in 2003 because he did not have the certification stating a discovery conference had been held with defendant as required by local court rule. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: May 24, 2023, Case #: 55,073-CA, Categories: Civil Procedure, Legal Malpractice
[Consolidated.] J. Africk grants summary judgment to seven offshore workers who filed personal injury claims arising from a liftboat’s capsizing, dismissing claims by two insurance carriers seeking to recover payments for medical compensation and indemnity benefits. Both insurance carriers waived subrogation in their insurance contracts with the workers’ employers as required by master service contracts.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: May 24, 2023, Case #: 2:19cv10850, NOS: Marine - Contract, Categories: Tort, Contract, Workers' Compensation
J. McKinster grants the school district’s petition to reconsider sanctions imposed for its negligent erasure of a video which captured the alleged sexual assault of a student. The record supports the trial court’s ruling that the district was on notice that litigation was reasonably foreseeable, and so the safe harbor provision did not apply. The court of appeals directs the trial court to reconsider whether the form of sanctions it imposed are warranted and whether lesser sanctions will adequately remedy the loss of the video.
Court: California Courts Of Appeal, Judge: McKinster, Filed On: May 24, 2023, Case #: E078673, Categories: Education, Evidence, Negligence
J. Hull finds the trial court improperly disapproved certain disbursements made by the trustee of a special needs trust, surcharging the trustee. The trust instrument defines “special needs” as including more than those reasonably related to the beneficiary’s disability. This definition is consistent with the interpretation of the relevant statute and the Social Security Administration’s treatment of special needs trusts, and so the trial court abused its discretion by defining “special needs” more narrowly than allowed under the instrument and special needs trust law. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Hull, Filed On: May 24, 2023, Case #: C093796, Categories: Civil Rights, Health Care, Trusts
J. Kinsley finds the trial court properly dismissed the Texas law firm's complaint for a share of attorney fees for referral services. The draft agreement and emails sent to the Ohio firm that represented the client, which failed to include any fee percentage or specific terms, did not constitute an oral contract. Additionally, the attorney at the Ohio firm never agreed to the vague terms set forth in the emails and, in fact, rejected the offer several months later, all of which supports the lower court's decision to dismiss the case. Affirmed.
Court: Ohio Court Of Appeals, Judge: Kinsley, Filed On: May 24, 2023, Case #: 2023-Ohio-1728, Categories: Fraud, Attorney Fees, Contract
J. D’Agostino preserves an auto body repair shop’s counterclaims for breach of contract, equitable relief and unjust enrichment asserted against its wholesale paint supplier for allegedly breaching the terms of a supply agreement. The defendant sufficiently alleged it suffered injuries as a result of the litigant’s failure to provide it with various paint equipment as required under the agreement, as well as forcibly replacing valuable equipment that plaintiff owned.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: May 24, 2023, Case #: 5:22cv281, NOS: Other Contract - Contract, Categories: Contract