187 results for 'filedAt:"2023-05-24"'.
J. Robinson finds that the trial court properly found for a defendant driver on plaintiff driver's car collision claim. In this case, the trial judge found the defendant driver's version of the events, that he came to a complete stop at the intersection before moving into the intersection on a green arrow, to be more credible. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: May 24, 2023, Case #: 54,953-CA, Categories: Evidence, Negligence
J. Broderick finds for the employees in a wage and hour suit, entering a default judgment against the employer. The employees shall be awarded damages of $10,000, plus attorneys fees of $3,300.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: May 24, 2023, Case #: 1:18cv2843, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages
J. Crytzer partially grants the employer defendants' summary judgment motion in this lawsuit brought by a former employee under the Americans with Disabilities Act and the Tennessee Public Protection Act. The employers are entitled to summary judgment on the employee's claim that they failed to accommodate him or engage in the interactive process. The employee did not request an accommodation or return certain documents that were provided to request an accommodation under the ADA.
Court: USDC Eastern District of Tennessee , Judge: Crytzer, Filed On: May 24, 2023, Case #: 2:20cv256, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment
J. Blane finds that defendant was properly convicted of DUI based on evidence that defendant failed a field sobriety test after being pulled over for crossing the center line. Affirmed.
Court: Iowa Court Of Appeals, Judge: Blane, Filed On: May 24, 2023, Case #: 22-0904, Categories: Evidence, Dui
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J. Brown finds the circuit court properly granted summary judgment to the water authority in this wrongful termination suit. No genuine issue of material fact exists in relation to the former employee’s claims under the Arkansas Whistleblower Act or the Arkansas Civil Rights Act. The employee failed to refute the evidence that he was terminated for the legitimate, nondiscriminatory reasons of failing to meet expectations and for insubordination and harassment. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: May 24, 2023, Case #: CV-21-252, Categories: Evidence, Employment Retaliation
J. Land finds that the trial court improperly upheld the decision by the state board of workers' compensation adopting an administrative law judge's denial of the employee's motion for a change of physician. The employer kept the panel list of doctors posted in a locked room that could be accessed only by a key kept in a locked box in a different room. The administrative law judge incorrectly held that because the panel was located in an area which was technically accessible, it was therefore posted in a prominent location in accordance with the statute. The panel was not easily seen by most employees. Reversed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: May 24, 2023, Case #: A23A0290, Categories: Workers' Compensation
J. Barnes finds that the trial court properly dismissed the individual's petition to quiet title and for ejectment in a property dispute. The individual failed to show that he has any record or prescriptive title to the lots in dispute. Even if the subdivision plats were not recorded properly, the defects would not entitle the individual to any interest in property that had not been legally conveyed to him. Affirmed.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: May 24, 2023, Case #: A23A0723, Categories: Property
J. Ahlers finds that the beneficiary of a will was properly denied a request to remove and disinherit the executor from the will because the executor had not challenged the will when she submitted a subsequent version to probate and thus had not triggered the stipulation promising to remove any challenger. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: May 24, 2023, Case #: 22-1135, Categories: Wills / Probate
J. Williams rules in part for New Jersey state troopers accused of shooting and killing someone during a struggle after they found him in an abandoned building. The troopers testified they feared for their lives when the decedent, who had broken free from several arrest attempts, grabbed a large metal pole, but questions of fact exist as to whether the decedent posed an actual threat.
Court: USDC New Jersey, Judge: Williams , Filed On: May 24, 2023, Case #: 1:18cv15257, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
Per curiam, the appeals court finds for the therapy center in its lawsuit with State Farm over coverage for treatment of one of State Farm's insureds. The trial court did not abuse its discretion by denying State Farm's motion to amend its answer with nine new affirmative defenses seven years after the original complaint was filed, in part because of the already lengthy litigation and discovery and potential prejudices to the therapy center. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 24, 2023, Case #: 21-1758, Categories: Insurance, Contract
J. Wright finds the trial court improperly convicted defendant for DWI, sentencing him to 10 days’ confinement in the county jail. Defendant says that his due process rights were violated, being a mental evaluation was ordered but not completed. The Ninth District abated the appeal and remanded to determine the feasibility of a retrospective competency evaluation. The state then filed an unopposed motion to reinstate the appeal, vacate and remand, informing the court that defendant is unable to cooperate with a competency evaluation and it is in the interest of justice to dismiss the case. Vacated and remanded.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: May 24, 2023, Case #: 09-20-00234-CR, Categories: Competence, Dui, Due Process
J. Greer finds that a wife was properly awarded spousal support in a dissolution of marriage. Rehabilitative support was appropriate since the wife would be able to earn an increased income following education or training. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: May 24, 2023, Case #: 22-1361, Categories: Family Law
J. Gravois finds that the trial court should not have granted the Board of Examiner's exception of no cause of action on a river boat pilot's claim that he was improperly forced into retirement. While Act 902 of 2004 may have established a mandatory retirement age for river pilots, the statute neither confers nor denies a right of action to a commissioned river pilot aggrieved by the alleged actions of the Board. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 24, 2023, Case #: 22-CA-519, Categories: Administrative Law, Employment, Contract
J. Preska partially denies Argentina's motion to dismiss claims in this breach of contract claims brought by an energy company. Argentina never claimed it was unjust for the court to decide issues of Argentine law without live testimony from legal experts until it received an adverse ruling. However, the court will allow Argentina to submit evidence that it did not acquire control of a rival energy company's shares until May 2012.
Court: USDC Southern District of New York, Judge: Preska, Filed On: May 24, 2023, Case #: 1:15cv2739, NOS: Other Contract - Contract, Categories: Energy, International Law, Contract
J. Lasnik grants the alpine club a temporary restraining order stopping the park owner its employees from restraining access to the Kitsap Rhododendron Preserve, as part of the park owner's objection that the alpine club does not have a valid easement to the preserve owned by the park owner. The alpine club shows that “irreparable harm is likely to result in the absence of the injunction," because it would be unable to put on its theatrical performances without access to the venue and thus would have to cancel the performances, including the 100th anniversary of the theater program that involved hundreds of volunteers and 1,500 tickets sold.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: May 24, 2023, Case #: 2:19cv1819, NOS: Trademark - Property Rights, Categories: Property, Trademark, Restraining Order
J. Morris denies summary judgment to both parties in a dispute between the Department of Health and Human Services and an individual over whether that individual owes a fine for terminating a contract under the loan repayment program while enrolled in the National Health Service Corps. The "limited record" before the court does not provide enough information to determine if the fine is excessive, so further proceedings are necessary.
Court: USDC Montana, Judge: Morris, Filed On: May 24, 2023, Case #: 4:22cv55, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Contract
J. Urias remands to state court a lawsuit between representatives of a ranch and neighbors which the ranch alleges have failed to “properly maintain” oil and gas facilities, damaging the land. Those neighbors, the defendants in this case, were properly joined because they all conducted oil and gas operations nearby and were linked by a “common ‘series of occurrences,’” removing the “diversity jurisdiction” that would have allowed this court to hear this case.
Court: USDC New Mexico, Judge: Urias, Filed On: May 24, 2023, Case #: 1:22cv515, NOS: Torts to Land - Real Property, Categories: Environment, Tort, Jurisdiction
Per curiam, the Supreme Court of Ohio finds the inmate's due process rights were not violated when the trial court revoked his parole. The written notice for his hearing clearly explained he was accused of sexual contact with a woman without her consent, while his attorney was also able to present a full defense at the hearing. Meanwhile, the inmate's argument about whether a woman's calf is considered an erogenous zone under Ohio law is irrelevant because evidence in the record indicated he also touched the victim's breast. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 24, 2023, Case #: 2023-Ohio-1717, Categories: Evidence, Parole, Due Process
J. Vaitheswaran finds that the zoning board properly granted an exception allowing plaintiffs to hold small gatherings inside a church they converted into a residence because adequate parking was available at the property. Affirmed.
Court: Iowa Court Of Appeals, Judge: Vaitheswaran, Filed On: May 24, 2023, Case #: 22-0584, Categories: Zoning
J. Greer finds that defendant was properly convicted of sexually assaulting a fellow student at the University of Northern Iowa. Defendant contends a witness's discovery deposition should have been admitted at trial, but the witness's recollection of events was spotty at best. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: May 24, 2023, Case #: 22-0524, Categories: Sex Offender, Witnesses
J. Mullins finds that defendant was properly sentenced based on his guilty plea to domestic abuse assault causing bodily injury and other charges because the lower court lacked discretion to suspend the portion of the sentence imposing fines. Affirmed.
Court: Iowa Court Of Appeals, Judge: Mullins, Filed On: May 24, 2023, Case #: 22-0985, Categories: Sentencing, Domestic Violence
J. Shields rules in a bench trial and finds in a favor of a security system installation company on its claims for false designation of origin and false advertising under the Lanham Act plus its claim for tortious interference with contract against a competitor and awards them $91,036 compensatory damages for lost revenue. The former employee solicited the litigant’s customers acquired after it purchased a now-defunct competitor and persuaded them to switch services. The court issues an injunction prohibiting the competitor from contacting any of the litigant’s customers, using its confidential information or making disparaging statements regarding the litigant’s business operations.
Court: USDC Eastern District of New York, Judge: Shields, Filed On: May 24, 2023, Case #: 2:17cv1194, NOS: Trademark - Property Rights, Categories: Trade Secrets, Trademark, Damages