Per curiam, the appellate division finds that the lower court properly sentenced defendant to five years followed by two years of postrelease
supervision based on her guilty plea to selling drugs because her claim that the sentence was unduly harsh lacked merit. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 23, 2023, Case #: 112343, Categories: Drug Offender, Plea, Cruel And Unusual Punishment
Per curiam, the appellate division finds that defendant's appeal from being sentenced to 364 days in jail for each violation should be dismissed as moot since he completed the sentence.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 23, 2023, Case #: 112338, Categories: Probation, Cruel And Unusual Punishment
Per curiam, the appellate division finds that attorney Ruoran Li may be reinstated following her May 2019 suspension for failing to meet registration requirements because she cured the delinquency and demonstrated that she abided by the suspension order.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 23, 2023, Case #: PM-71-23, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Raj Srivatsan may be reinstated following his September 2022 suspension because Srivatsan demonstrated he complied with the suspension order and possessed the character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 23, 2023, Case #: PM-67-23, Categories: Attorney Discipline
J. Clark finds that the lower court properly dismissed a mother's request to find a father in willful violation of a prior support order because a close look at the divorce settlement established the father made all child support payments for their six children over the years and that evidence did not support the mother's claims that he failed to share in uncovered medical expenses. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: March 23, 2023, Case #: 534796, Categories: Family Law
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J. Ceresia finds that a father's appeal from the decision allowing the mother to obtain their child's passport and take him on vacation should be dismissed as moot because the vacation to Italy already occurred.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: March 23, 2023, Case #: 535454, Categories: Civil Procedure, Family Law
Per curiam, the court of appeals disbars Marlon G. Meade from the practice of law after he was convicted of conspiracy to commit offenses including mail fraud. The attorney did not file an exception to the Board of Professional Responsibility's recommendation to disbar him.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: March 23, 2023, Case #: 22-BG-0826 , Categories: Attorney Discipline
J. Zimmerer finds that the trial court properly ruled against the property owner on his claims against the subdivision's architectural control committee member who approved a variance for a home being built on an adjacent lot. The property owner previously settled claims against the property owners association, so the claims over the actions of the committee member are barred by the "one satisfaction rule." The rule prevents a plaintiff from receiving "more than one recovery for the same injury." Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: March 23, 2023, Case #: 14-22-00303-CV, Categories: Civil Procedure, Property, Contract
J. Lagesen finds the trial court erred in concluding that the individual abandoned her interest in her dog when she did not respond to a shelter notice following her arrest. The dog “was not…impounded based on a finding of a code violation" but because the individual was arrested for driving recklessly and eluding police. Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: March 23, 2023, Case #: A174574, Categories: Prisoners' Rights
J. Berg grants a doctor long-term disability benefits since her disability arose from a physical rather than psychological condition.
Court: USDC Eastern District of Michigan, Judge: Berg, Filed On: March 23, 2023, Case #: 2:21cv11737, Categories: Erisa
J. VanMeter finds that UPS employees were not entitled to compensation for time spent in security screening before and after work in this class action suit because mandatory screening activity was not compensable under KRS Chapter 337 or the portal-to-portal act. Affirmed.
Court: Kentucky Supreme Court, Judge: VanMeter, Filed On: March 23, 2023, Case #: 2021-SC-0444-DG, Categories: Class Action
J. grants a class of employees' motion to compel an aerospace manufacturing company to produce information on its break policies. The employees sufficiently show that the employer improperly withheld a written complaint by a class member over the company’s break policies. The complaint is clearly relevant since the employer is the one who introduced it as an exhibit during the class member’s deposition. This document and any other documents like it must be produced.
Court: USDC Southern District of California, Judge: Goddard, Filed On: March 23, 2023, Case #: 3:20cv574, Categories: Employment, Discovery, Class Action
[Consolidated]. J. Kobes finds a lower court properly remanded Minnesota's common law fraud claims concerning fossil fuel producers' misrepresentations of the detriment that fossil fuels have on the environment to State court. The fossil fuel producers and energy companies argued that the case should be heard in federal court. However, Minnesota presented sufficient evidence in court that violations of State laws belong in State court. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: March 23, 2023, Case #: 21-1752, Categories: Environment, Fraud, Jurisdiction
J. Gibney grants the lead plaintiff's motions for approval of a case contribution award and reimbursement for litigation expenses in this class action involving the interest allegedly owed to well owners under the Production Revenue Standards Act. The court also partially grants his request for attorney fees and awards 25 percent of the judgment common fund.
Court: USDC Eastern District of Oklahoma, Judge: Gibney, Filed On: March 23, 2023, Case #: 6:17cv313, Categories: Energy, Attorney Fees, Class Action
[Consolidated]. J. Loken finds a lower court properly dismissed an attorney's motion for a new trial concerning an award handed down to a farmer who gathered clients on its behalf who were adversely affected by the commercialization of genetically modified cornseed without approval from China. The attorney argued that he properly compensated the farmer for his services. However, a jury found that the attorney failed to adhere to the parties' agreement, and properly awarded the farmer $175,000 in compensatory damages, which the farmer claimed was inadequate. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: March 23, 2023, Case #: 22-1567, Categories: Tort, Attorney Fees, Contract
J. Pitt-Burke finds that the lower court properly found for the shareholders, and reformed their warrants to purchase additional shares of the company's stock to reflect the parties' intent that the warrants provide full antidilution protection. In addition, the court properly determined the stock's value on the date of breach by calculating the midpoint between the high and low trading price, and awarded damages of $6.7 million. Affirmed.
Court: New York Appellate Divisions, Judge: Pitt-Burke, Filed On: March 23, 2023, Case #: 01585, Categories: Securities, Contract
J. Fearing finds that the lower court improperly denied unemployment benefits to an individual who worked at Boeing as a crane operator, but took a leave of absence during the early days of Covid-19 due to an immunocompromised roommate. The commissioner denied him benefits after finding he was unavailable for telework, but he was in fact available and the reason he could not find any telework is because Boeing did not offer it. He is, therefore, entitled to approximately one month's worth of unemployment benefits. Reversed.
Court: Washington Court Of Appeals, Judge: Fearing, Filed On: March 23, 2023, Case #: 38895-6-III, Categories: Employment, Covid-19
J. Russo denies the company owner's motion for a preliminary injunction for her complaint alleging that Fariborz Pakseresht, as Director of the Oregon Department of Human Services, implemented a new rule in ODHS' Office of Developmental Disabilities that discriminates against individuals with disabilities, specifically by making the living arrangement the company uses to supports its disabled clients unlawful. The owner fails to state a claim under Title II of the ADA or Section 504 of the Rehabilitation Act because the one who files the complaint must qualify as an individual with a disability, and the company is an entity and the owner is not disabled. Even assuming that she could pursue the claims, the owner could adjust to the rule change by obtaining the appropriate license.
Court: USDC Oregon, Judge: Russo, Filed On: March 23, 2023, Case #: 3:22cv1957, Categories: Civil Rights, Ada / Rehabilitation Act, Government
J. Bloom denies the bank's motion to dismiss this claim alleging fraud. The group of investor plaintiffs have sufficiently established the court's jurisdiction.
Court: USDC Southern District of Florida, Judge: Bloom, Filed On: March 23, 2023, Case #: 1:21cv22437, Categories: Fraud, Banking / Lending, Racketeering
J. Smith denies, in part, a waterjet cutting company's motion for summary judgment in this case alleging a business partner improperly charged them surcharges for providing liquid nitrogen. Summary judgment on this claim is not appropriate at this stage, as further development of the record is needed.
Court: USDC Eastern District of Pennsylvania, Judge: Smith, Filed On: March 23, 2023, Case #: 5:21cv2264, Categories: Evidence, Business Practices, Contract
J. Bevan finds that the trial court properly dismissed defendant's post-conviction claims of actual innocence and Brady violations related to his aiding and abetting aggravated battery and kidnapping convictions. His petition was untimely and the Supreme Court Schlup decision cannot toll the clock since it is inapplicable to Idaho post-conviction cases, as actual innocence claims in non-capital state cases are limited to DNA and fingerprints. And the Brady claim did not warrant an evidentiary hearing because of his unreasonable delay in raising it. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: March 23, 2023, Case #: 48846, Categories: Battery, Kidnapping
J. Celebrezze finds the juvenile court's finding of delinquency on rape and gross sexual imposition charges against defendant was supported by sufficient evidence. The nurse examiner testified about the victims' injuries, and the victims testified about defendant's repeated abuse. Affirmed.
Court: Ohio Court Of Appeals, Judge: Celebrezze, Filed On: March 23, 2023, Case #: 2023-Ohio-925, Categories: Evidence, Juvenile Law, Sex Offender
[Modified.] J. Dato deletes one word from an employment opinion with no change in judgment. The trial court dismissal of an employee's Private Attorneys General Act complaint was based on an erroneous interpretation of the Healthy Workplaces, Healthy Families Act of 2014. An aggrieved employee may file a PAGA complaint for violations of the Act of 2014, including claims for sick leave violations, and nothing in the Act of 2014 diminishes or negates the rights made available by PAGA. Reversed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: March 23, 2023, Case #: D079528, Categories: Employment
J. Cain denies summary judgment to a physician and owner of a behavioral health clinic he purchased for $279 million in 2019 in connection with his claim the seller is liable to him for failing to disclose the clinic had lost 100 percent of its revenue sources 90 days prior to the sale because of lack of accreditation from state regulators. State and federal securities laws are "not intended to provide a remedy for all fraud or misconduct arising out of commercial transactions.”
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: March 23, 2023, Case #: 2:19cv718, Categories: Fraud, Health Care, Contract
J. O'Brien finds that the appeals court properly prioritized the R. Kelly sex abuse victim's $4 million lien on the singer's royalties over a creditor's $3.4 million claim for breach of a commercial real estate lease. Sony Music received the creditor's notice of lien first because it was sent by email, but electronic service was not authorized for service of a citation to discover assets. Affirmed.
Court: Illinois Supreme Court, Judge: O'Brien, Filed On: March 23, 2023, Case #: 128260, Categories: Civil Procedure, Debt Collection
J. Pryor finds that the district court did not abuse its discretion in denying defendant's motion for a reduction of his life sentence for cocaine possession under the First Step Act. Although defendant's sentence exceeds the statutory maximum, the district court adequately explained its decision to deny the motion based on defendant's extensive criminal history and other factors. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: March 23, 2023, Case #: 21-12877, Categories: Drug Offender, Sentencing
Per curiam, the appellate division finds that the lower court properly found for the tax commission. The property owner failed to timely file a note of issue for its 2004/2005 tax year petition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 23, 2023, Case #: 01581, Categories: Tax
J. Reeves denies a city’s motion to dismiss negligence claims of providing lead-contaminated water to its citizens that caused children to suffer elevated blood-lead levels and cognitive defects. The citizens provided sufficient notice of claim and the city is not entitled to immunity, as the complaint is negligence-based.
Court: USDC Southern District of Mississippi , Judge: Reeves, Filed On: March 23, 2023, Case #: 3:21cv663, Categories: Government, Water, Negligence
J. Otake dismisses putative class action RICO and housing claims against two banks on allegations they purposefully targeted people of color for predatory home loans and then foreclosed on their homes with a scheme involving falsified documents. The complaint did not attribute fraud properly to the banks in a RICO claim and undermined their Fair Housing Act claims with the inclusion of non-Fair Housing Act protected plaintiffs.
Court: USDC Hawaii, Judge: Otake, Filed On: March 23, 2023, Case #: 1:22cv312, Categories: Housing, Foreclosure, Racketeering
J. Wright finds the trial court improperly denied the university's plea to the jurisdiction on a student's slip and fall complaint. The student failed to demonstrate evidence of a premises defect claim and Texas Tort Claims Act waiver to overcome the schools' sovereign immunity. Reversed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: March 23, 2023, Case #: 09-21-00288-CV, Categories: Tort, Negligence, Premises Liability
