149 results for 'filedAt:"2023-06-27"'.
J. Holland reverses a decision by the Interior Board of Indian Appeals (IBIA) regarding an allotment of land that was to be divided among an individual's sons after he died. His son alleges that the BLM mistakenly forgot to include an express reservation of a right-of-way for an access road in the allotment conveyance certificate. The IBIA decision that the federal defendants did not have jurisdiction to consider the son's claims because the adjacent allotment had been conveyed out of federal ownership was "was patently erroneous, arbitrary, and capricious." The IBIA decision is reversed and the matter is remanded to the IBIA for further proceedings.
Court: USDC Alaska, Judge: Holland, Filed On: June 27, 2023, Case #: 3:20cv198, NOS: All Other Real Property - Real Property, Categories: Real Estate, Jurisdiction
J. Bray denies, in part, both sides' motion for summary judgment in a dispute over an estate's assets. There are genuine issues of fact regarding the estate's claims for conversion, conspiracy and breach of fiduciary duty.
Court: USDC Southern District of Texas, Judge: Bray, Filed On: June 27, 2023, Case #: 4:21cv301, NOS: Other Fraud - Torts - Personal Property, Categories: Wills / Probate, Fiduciary Duty, Conversion
J. McMurdie finds a juvenile court improperly determined that a 14-year-old child is a dependent of plaintiff, his alleged father. The department of child and safety argued that the alleged father refused to care for the child after the mother abandoned her children, and that he failed to take the opportunity to obtain a paternity test. However, the lower court erred in adjudicating the child as a dependent before establishing his alleged father's paternity. Remanded.
Court: Arizona Court Of Appeals Division One, Judge: McMurdie, Filed On: June 27, 2023, Case #: 1 CA-JV 22-271, Categories: Family Law, Juvenile Law
J. Sitarski denies a company’s motion for Rule 11 Sanctions. The company alleges a former employee left the company, went to work for a competitor, and continued to access its systems after his employment ceased. The company has not presented adequate evidence to support its claims, and not enough to merit sanctions against the former employee.
Court: USDC Eastern District of Pennsylvania, Judge: Sitarski, Filed On: June 27, 2023, Case #: 5:22cv4557, NOS: Employment - Civil Rights, Categories: Employment, Sanctions, Trade Secrets
J. Moss dismisses a charity's contract, promissory estoppel and negligent misrepresentation claims against a Canadian public broadcaster for allegedly reporting it had lied to donors. The district court lacks subject matter jurisdiction under the Foreign Sovereign Immunities Act.
Court: USDC District of Columbia, Judge: Moss, Filed On: June 27, 2023, Case #: 1:22cv340, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Jurisdiction, Contract
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J. Poissant finds that the trial court properly ruled against the city on its argument for governmental immunity in a negligence suit stemming from an auto accident involving its employee. The city did not give evidence that the employee "was on a deviation from the performance of his duties" when the incident occurred. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: June 27, 2023, Case #: 14-21-00680-CV, Categories: Tort, Immunity, Negligence
J. Poissant finds that the juvenile court properly transferred the individual's case to the criminal district court for prosecution on the charge of aggravated sexual assault of his former stepsister. There was sufficient evidence to support the necessary findings for a waiver of the juvenile court's jurisdiction, specifically that the individual "could not be prosecuted in juvenile court before he turned eighteen years of age due to reasons beyond the control of the State of Texas." Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: June 27, 2023, Case #: 14-23-00141-CV, Categories: Family Law, Jurisdiction, Juvenile Law
J. Palafox finds that the lower court properly revoked defendant’s deferred adjudication community supervision, finding him guilty of arson and sentencing him to 10 years’ imprisonment and a $1,000 fine. The appeal is frivolous. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: June 27, 2023, Case #: 08-23-00027-CR, Categories: Sentencing
J. Shepherd finds a lower court properly denied a native of Honduras' motion to remain in the U.S. The Honduras native argued that she and her children are entitled to remain in the U.S. based on the danger she and her family would face at the hands of the MS-13 gang, which is responsible for the death of her partner. However, the government sufficiently showed in court that MS-13 gang members have never contacted her in person. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: June 27, 2023, Case #: 22-1738, Categories: Civil Rights, Immigration
J. Shepherd finds a lower court properly imposed concurrent sentences of 240 months and 420 months on a defendant who was indicted on charges of conspiracy to distribute heroin and two counts of distribution of fentanyl, which resulted in the death of two civilians. The defendant argued that there was insufficient evidence presented at trial to justify his sentences. However, the government presented sufficient evidence in court that a forensic specialist located the cell phone of one of the defendant's deceased victims, turned it over to authorities who downloaded and uploaded deleted text messages, which revealed that the defendant sold them both the deadly drugs. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: June 27, 2023, Case #: 22-2733, Categories: Drug Offender, Evidence, Sentencing
J. Moore temporarily suspends attorney Fong Lee from the practice of law while disciplinary proceedings are pending, in keeping with a rule providing that attorneys be suspended while awaiting the conclusion of disciplinary proceedings when a referee has recommended disbarment.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: June 27, 2023, Case #: A23-0008, Categories: Attorney Discipline
J. Kagan finds that the court of appeals improperly upheld defendant's conviction for making threatening communications to a local musician because the state failed to prove defendant was aware his social media communications with the singer were threatening in nature. Reversed.
Court: US Supreme Court, Judge: Kagan, Filed On: June 27, 2023, Case #: 22-138, Categories: Constitution, Threats, Civil Rights
J. Roberts finds that the North Carolina Supreme Court properly ruled against the state regarding the legislature's power to adopt congressional maps, as the court has authority to intervene when congressional maps violate the state constitution by discriminating based on race. Affirmed
Court: US Supreme Court, Judge: Roberts, Filed On: June 27, 2023, Case #: 21-1271, Categories: Civil Rights, Constitution, Elections
J. Tunheim denies the firearm retailers' motion to dismiss the state's suit against them alleging that they sold firearms to individuals that they knew or should have known were "straw purchasers" buying guns for people who could not legally do so themselves, but also denies the state's motion to remand the case to state court. The state's reliance on federal laws, regulations and guidance in its complaint is sufficient to raise a federal issue despite including only state-law causes of action. Its complaint is also not preempted by the Protection of Lawful Commerce in Arms Act, and its claims are plausibly alleged.
Court: USDC Minnesota, Judge: Tunheim, Filed On: June 27, 2023, Case #: 0:22cv2694, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Preemption, Jurisdiction, Firearms
J. Crain finds that refusals to engage in illegal or environmentally damaging activities are "disclosures" under the Louisiana Environmental Whistleblower Statute and is a protected action. The statute was enacted pursuant to a constitutional mandate to protect the environment, and "disclosures" encompass a refusal to act. Further, the statute gives protection to an employee who reports to his supervisor an activity of the employer that he or she reasonably believes is in violation of an environmental law, even when reporting violations of environmental law is a part of his or her normal job responsibilities.
Court: Louisiana Supreme Court, Judge: Crain, Filed On: June 27, 2023, Case #: 2023-CQ-00246, Categories: Employment, Environment, Contract
J. Poochigian finds that the trial court improperly held that a contractor who performed consulting services in California must take his contract and fraud to an Illinois court. The trial court had jurisdiction over contracts for in-state consulting services, and for out-of-state management services performed under the same contracts. And the trial court should have applied Illinois law to determine whether a forum selection clause in the contracts should be enforced. Reversed.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: June 27, 2023, Case #: F083763, Categories: Jurisdiction, Contract
J. Gwin finds the lack of physical injury or trauma to the 5-year-old victim does not render defendant's gross sexual imposition convictions against the weight of the evidence. Video evidence of the victim stating defendant "tickled" her in the vaginal area while the two were alone in his camper was sufficient for the jury to convict him. Meanwhile, the admission of the video evidence without the victim's live testimony at trial did not violate defendant's confrontation rights because the interview was conducted as part of an investigation by a sexual assault nurse and was, therefore, relevant to her medical treatment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: June 27, 2023, Case #: 2023-Ohio-2128, Categories: Confrontation, Sex Offender, Child Victims
J. Settle grants partial summary judgment to the insured for her claim that the insurance company must provide her full medical coverage and coverage for other costs and damages she incurred from an accident with an at-fault uninsured motorist. The insurance company's comparative bad faith affirmative defense, arguing that the pre-lawsuit negotiations conduct of the insured's attorney caused a delay in the insurance company's investigation, is not legitimate under Washington law because the insurance company does not distinguish between the insured's conduct and that of her attorney. Also, the insurance company has a higher standard of conduct to uphold in regard to insurance contracts than the insured does, meaning a comparative defense is not valid.
Court: USDC Western District of Washington, Judge: Settle, Filed On: June 27, 2023, Case #: 3:22cv5436, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Rowe grants the attorney’s petition for reinstatement to the Oklahoma Bar after a two-year suspension resulting from grievances alleging his failure to competently and diligently represent clients, collecting of unreasonable fees, mishandling of property and other acts contrary to standards of conduct. During suspension, he worked as a paralegal, substitute teacher and chauffeur. He earned 49 continued legal education credits, ethics credits and continued to read the Bar Journal, writing an article about money management and avoiding mistakes resulting in discipline. The attorney has complied with all requirements and the panel unanimously recommends reinstatement.
Court: Oklahoma Supreme Court, Judge: Rowe, Filed On: June 27, 2023, Case #: SCBD-7375, Categories: Employment, Legal Malpractice, Attorney Discipline
J. Sykes finds that the lower court improperly dismissed the man's Bivens lawsuit against a DEA agent who punched him twice in the face, breaking his orbital bone, without provocation during an arrest. While the Supreme Court has consistently refused to recognize new Bivens claims for damages against torts committed by federal officers, the arrestee's claim is not meaningfully different from that in Bivens itself, so it may proceed. Reversed.
Court: 7th Circuit, Judge: Sykes, Filed On: June 27, 2023, Case #: 21-1463, Categories: Civil Rights, Constitution
Vice Chancellor Will denies a shareholder access to Walt Disney's books and records to investigate possible mismanagement after the board spoke out about the house bill limiting instruction on sexual orientation and gender identity. The claim lacks proper purpose because the Disney board made a business decision free of conflicts or bad faith.
Court: Delaware Chancery Court, Judge: Will, Filed On: June 27, 2023, Case #: 2022-1120-LWW, Categories: Fiduciary Duty, Discovery
J. Reyna finds that the patent trial and appeal board properly ruled in this dispute over "use of animal-protein-free botulinum toxin composition that exhibits a longer lasting effect in the patient" because the claim construction was reasonable and supported by evidence. Affirmed.
Court: Federal Circuit, Judge: Reyna, Filed On: June 27, 2023, Case #: 22-1165, Categories: Patent