3,445 results for 'cat:"Civil Procedure"'.
J. McClendon finds that the trial court properly dismissed the claims in a dispute between a property owner and homeowners association involving alleged violations of landscape maintenance requirements. The property owner's claims challenging certain amendments to the subdivision declaration are either prescribed or lack merit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: May 24, 2023, Case #: 2022CA0936, Categories: civil Procedure, Property, Real Estate
J. Horan denies, in part, a software company's motion to strike an individual's errata sheets in a securities case. Certain aspects of the errata sheets comply with applicable rules and, therefore, will not be precluded from being used for summary judgment or other purposes.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: May 24, 2023, Case #: 3:21cv2025, NOS: Stockholders’ Suits - Contract, Categories: civil Procedure, Securities
J. Phipps finds that the juvenile court improperly entered an order finding the child dependent and continuing her custody with the Division of Family and Children Services. The agency did not offer any evidence at the hearing that the child is dependent and the juvenile court failed to cite evidence as to the child's dependency in its order. Reversed.
Court: Georgia Court of Appeals, Judge: Phipps, Filed On: May 24, 2023, Case #: A23A0585, Categories: civil Procedure, Family Law
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J. Thapar finds the lower court properly denied the fishing and wildlife coalition's motion to intervene because it believed at the time of the motion that the state of Michigan and several Native American tribes were less than a month from finalizing a new consent decree regarding regulation of Great Lakes fisheries. The last-minute nature of the motion, when combined with evidence Michigan intends to protect the coalition's interests during negotiations and the ultimate consent decree, weigh against granting the coalition party status in the case, especially considering the last round of negotiations began more than three years ago. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: May 23, 2023, Case #: 22-1946, Categories: civil Procedure, Native Americans, Water
J. Bulsara grants, in part, a motion for leave to amend on a civil rights suit brought against the port authority, which alleges two officers falsely charged the litigant with speeding in a construction zone. The litigant is allowed to add new details to his complaint regarding his claim for monetary damages and grants his motion for a jury trial. However, his motion is denied insofar as it requests to add the officer who issued the summons as an additional defendant because he waited more than eight months to make the request and showed a lack of extreme due diligence on the litigant’s part.
Court: USDC Eastern District of New York, Judge: Bulsara, Filed On: May 23, 2023, Case #: 1:21cv2062, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Damages, Police Misconduct
J. Beachley disagrees with the lower court’s ruling that the common law husband of a deceased woman is not allowed to sue a doctor for wrongful death because in Maryland, someone must present at least two documents verifying the marriage. However, as this marriage happened in Pennsylvania, and that state’s laws only require one document for proof — including the type of affidavit the husband presented — the marriage is deemed legitimate and the husband is allowed to proceed. Reversed.
Court: The Appellate Court of Maryland, Judge: Beachley, Filed On: May 23, 2023, Case #: 24-C-21-000851, Categories: civil Procedure, Wrongful Death
J. Miller finds the juvenile court improperly terminated “transition jurisdiction” of the non-minor ward by which he may continue to receive benefits after termination of the wardship. The autistic ward’s childhood was characterized by neglect, abuse, criminal behaviors and homelessness while within the foster care system. Findings in the written order provide that his remaining under juvenile court jurisdiction is not in his best interests, continuing, “facts supporting this determination were stated on the record.” Yet, there was no discussion of any best interest findings. Reversed and remanded.
Court: California Courts Of Appeal, Judge: Miller, Filed On: May 23, 2023, Case #: A165931, Categories: civil Procedure, Civil Rights, Guardianship
J. Riggs grants summary judgment to a company but denies it to a union after the union sought “confirmation and enforcement of an arbitration
award” in a dispute in which the union argued the company was not honoring its contractual obligations to employees during the Covid-19 pandemic. The company has successfully shown that the arbitration award was “ambiguous” on some core issues, including the issue of back pay, and therefore the arbitrator “retains jurisdiction” over this case.
Court: USDC New Mexico, Judge: Riggs, Filed On: May 23, 2023, Case #: 1:22cv520, NOS: Labor/Management Relations - Labor, Categories: Arbitration, civil Procedure, Labor / Unions
J. Molberg finds that the lower court properly terminated the parental rights of the father and the mother to their child. Counsel for the mother indicated that there are "no arguable grounds for reversal," and the court agrees. The evidence also sufficiently supports the endangerment and best interest findings as to the father. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: May 23, 2023, Case #: 05-22-01337-CV, Categories: civil Procedure, Evidence, Family Law
J. Hyman finds that the lower court properly dismissed the woman's second amended trip-and-fall suit because she failed to correctly identify the location of the accident in her first two filings. Therefore, the second amended complaint does not "relate back" to the original complaint, it could not have given the transit agency adequate notice of her claims, and it is untimely. Affirmed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: May 22, 2023, Case #: 220791, Categories: civil Procedure, Tort
J. Cabell grants, in part, a company's motion for a protective order limiting the deposition of its principal in an individual's case pertaining to the loss of his eye after he fell onto a fishhook while serving as captain aboard the company's ship. The potentially 14-hour deposition will be limited to a total of 8 hours due to the principal's health difficulties.
Court: USDC Massachusetts, Judge: Cabell, Filed On: May 22, 2023, Case #: 1:22cv10408, NOS: Marine - Torts - Personal Injury, Categories: civil Procedure, Maritime, Negligence
J. Buch finds for the taxpayer in this tax deficiency dispute because the taxpayer adequately disclosed the gift on his 2006 gift return, and the commissioner issued the notice of deficiency more than three years after the filing.
Court: U.S. Tax Court, Judge: Buch, Filed On: May 22, 2023, Case #: 2023-65, Categories: civil Procedure, Tax