154 results for 'filedAt:"2023-11-16"'.
J. Higginbotham finds the district court improperly found for a school district in this suit filed by a student alleging it failed to accommodate her hearing impairment. Although the district court held the student did not administratively exhaust her claims under the Individuals with Disabilities Education Act, mandated administrative proceedings are non-preclusive. Vacated.
Court: 5th Circuit, Judge: Higginbotham, Filed On: November 16, 2023, Case #: 22-50854, Categories: Civil Rights, Education, Due Process
Per curiam, the circuit finds the lower court improperly sentenced defendant, who pleaded guilty to being a felon in possession of a firearm, to 15 years imprisonment. The sentencing court enhanced defendant's sentence for a prior delivery of cocaine conviction, but no documents are included in the record supporting the court's determination of the cocaine delivery offense as a serious drug offense according to guiding case law. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 16, 2023, Case #: 22-60565, Categories: Firearms, Sentencing
J. Pugh finds for the commissioner of internal revenue in this collection due process action because the IRS did not abuse its discretion in efforts to collect on a tax liability.
Court: U.S. Tax Court, Judge: Pugh, Filed On: November 16, 2023, Case #: 2023-138, Categories: Tax
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J. Lee finds the district court improperly denied the firearm maker's motion to compel arbitration with another manufacturer in this suit filed after certain contracted-for firearms required repairs before sale. The party seeking to compel arbitration in this case has demonstrated the right to enforce the contract by its manufacturing relationship with the signatory, and compelling the other non-signatory can be appropriate in such circumstance under standard contract law. Reversed.
Court: Nevada Supreme Court, Judge: Lee , Filed On: November 16, 2023, Case #: 84142, Categories: Arbitration, Business Expectancy, Contract
[Consolidated] J. Cadish finds the trial court properly dismissed five lawsuits alleging an ongoing conspiracy between a business advisor's various employers and attorneys who represented them in other litigation against the advisor. The attorneys' communications were found to be made in good faith. The advisor also failed to meet the absolute litigation privilege burden under the second prong of the anti-SLAPP analysis and did not make the requisite showing for additional discovery. Affirmed in part.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: November 16, 2023, Case #: 82633, Categories: Anti-slapp, Attorney Fees
J. Nye grants in part an individual's motion for extension of time to complete discovery regarding allegations of violations of her First, Fourth, and Fifth Amendment rights as a result of a traffic stop for speeding that led to a vehicle search with a K9 unit, after a deputy alleged he saw possible evidence of marijuana in her glove box. During the search, officers did not find anything illegal in her vehicle. "Whether there was probable cause to search the vehicle is critical to the outcome of this case," therefore the court grants the individual's request for information pertaining to the officer's training.
Court: USDC Idaho, Judge: Nye, Filed On: November 16, 2023, Case #: 1:22cv222, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Christopher finds that the lower court properly reversed the education commissioner's decision upholding the school district's termination of a teacher's contract relating to her actions in administering the STAAR test. The evidence did not show that the teacher violated "accepted standards of conduct for the profession as generally recognized and applied in similarly situated school districts" in Texas. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: November 16, 2023, Case #: 14-22-00418-CV, Categories: Education, Employment, Contract
J. Horton, in this interlocutory appeal, finds the trial court improperly denied the homebuilder's motion to arbitrate the homeowner's claims of breach of implied warranty of workmanship. The homeowner purchased the home from the original owner who bought it from the builder, and did not sign the arbitration agreement. Under the doctrine of direct benefits estoppel, the agreement is valid and enforceable against the second owner. All claims against the builder fall withing the scope of arbitration. Reversed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: November 16, 2023, Case #: 09-21-00354-CV, Categories: Arbitration, Construction, Contract
J. Clark finds that the lower court properly convicted defendant based on his guilty plea to attempted drug sale. Defendant contends he was not apprised of the potential consequences of his plea, but he was specifically informed the plea could lead to deportation both in the written plea deal and in a "lengthy discussion." Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: November 16, 2023, Case #: 112041, Categories: Drug Offender, Immigration, Plea
[Consolidated.] J. Pritzker finds that the lower court properly denied defendant's request to vacate his conviction for possessing a weapon based on ineffective assistance because defendant failed to demonstrate counsel had declined to pursue a tack by forgoing suppression efforts to secure a favorable preindictment plea resolving other counts. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: November 16, 2023, Case #: 110489, Categories: Ineffective Assistance, Weapons, Plea
J. Settle dismisses the security company's lawsuit alleging that the state passed EHB 1090, an allegedly unconstitutional bill that generally prohibits the operation of a private detention facility. Among other factors, the security company's concern that EHB 1090 would allow the state to prevent it from operating a facility under a contract with the U.S. Marshals Service is unfounded, because the security company does not seek this relief in its complaint and EHB 1090 authorizes the U.S. Marshals Service to contract with private detention entities.
Court: USDC Western District of Washington, Judge: Settle, Filed On: November 16, 2023, Case #: 3:21cv5313, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Government, Immigration
J. Clark finds that the lower court improperly granted a mother dismissal of a father's application to modify custody and visitation orders because circumstances changed when the mother relocated beyond the set 50-mile radius and grew reluctant to give the father parenting time on holidays, and the father did not get a chance to testify about such at the fact-finding hearing. Reversed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: November 16, 2023, Case #: 534433, Categories: Family Law
J. Kaste finds that the lower court properly issued an order modifying a visitation plan for a minor child. The record supports the lower court's findings that modifying the visitation plan was in the best interest of accommodating all of the parties and their scheduling needs. Affirmed.
Court: Wyoming Supreme Court, Judge: Kaste, Filed On: November 16, 2023, Case #: S-23-0007, Categories: Family Law
J. Morrison grants, in part, the news outlet's motion for attorney fees following its successful preliminary injunction motion in its case regarding a county clerk's restriction of public access to newly-filed civil actions, awarding approximately $135,000 in fees. While it is entitled to fees after the success of its preliminary injunction motion, several of the attorneys' rates will be limited to $500 per hour to better reflect reasonable rates in the Columbus, Ohio area, and prefiling fees must also be reduced.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: November 16, 2023, Case #: 2:22cv2471, NOS: Other Civil Rights - Civil Rights, Categories: Government, Attorney Fees, First Amendment
J. Lynch finds that the workers' compensation board properly held that a retail store manager sustained a work injury upon contracting Covid-19 on the job, which led to a stroke and hospitalization. Contracting Covid-19 in the workplace may constitute a compensable "accident," and the manager demonstrated his public facing job in a high volume store in the early days of the pandemic made him susceptible to the virus. Meanwhile, he had not suffered blood pressure issues before the consequential stroke. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: November 16, 2023, Case #: 536047, Categories: Covid-19, Workers' Compensation
J. Wilkin finds the trial court properly upheld the zoning board's denial of the property owner's request for a variance. The frontage requirement for residential properties did not devalue the property, while the variance would have substantially altered the surrounding area by reducing the amount of agricultural ground. Meanwhile, the owner's failure to raise his due process and constitutional claims before the zoning board requires dismissal of that portion of his appeal. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: November 16, 2023, Case #: 2023-Ohio-4234, Categories: Constitution, Zoning, Due Process
J. Contreras finds that the lower court properly ruled in favor of the appellee in this negligence lawsuit arising from an automobile accident. The lower court did not err by denying the appellants' motions to transfer venue, and the evidence sufficiently supported the award for future medical expenses. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: November 16, 2023, Case #: 13-22-00208-CV, Categories: Tort, Damages, Negligence
J. Mackey finds that the lower court properly sentenced defendant based on her guilty plea to attempted robbery and attempted grand larceny. Defendant had been afforded some leniency as a teenager, but she violated the conditions of probation by committing armed robbery and violating conditions of house arrest. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: November 16, 2023, Case #: 111845, Categories: Probation, Robbery, Sentencing