156 results for 'filedAt:"2023-06-14"'.
J. Ledet finds that the district court should not have ruled in favor of the building owner on a slip and fall claim from a visitor to the building who fell down a darkened staircase leading to a laundry room. The condition of the staircase, without a proper landing, handrails, or accessible light switch and being located behind a closed, unmarked door, has some "social utility" since it led to the laundry room. Further, the building owner testified that she instructed tenants not to leave the key to the deadbolt lock on the staircase door. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: June 14, 2023, Case #: 2022-CA-0804, Categories: Evidence, Negligence
J. Belsome finds that the trial court properly granted a father's motions for contempt, attorney fees, costs and motions to make past due child support executory against the mother. In this case, the parties entered into a consent judgment for the mother to pay 46% of their children's tuition. The mother admitted that she did not respond to the father's requests for reimbursement for the tuition. Further, the mother was properly determined to be in contempt based on her breach of the consent agreement for not reimbursing that father for her share of the minor child’s medical expenses. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: June 14, 2023, Case #: 2022-CA-0801, Categories: Family Law, Contract
J. Hull finds that the trial court failed to make record findings that defendants had previously been convicted of serious felonies under the three-strikes law before sentencing them for an attack on a fellow inmate. On remand, the trial court may either hold a new hearing on the required elements of the law, or correct the record if the omission was a clerical error. Vacated.
Court: California Courts Of Appeal, Judge: Hull, Filed On: June 14, 2023, Case #: C094195, Categories: Sentencing, Assault
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J. Hellman finds a facial challenge to a provision that incorporates the Secretary of State’s Initiative and Referendum Manual is moot. “When a rule has been amended, a facial challenge to the earlier version is moot.”
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: June 14, 2023, Case #: A174211, Categories: Government
J. Bennett denies CSX's motion to dismiss tort claims brought by a class of residents alleging exposure to toxic coal dust following an explosion near the residents' homes. The explosion, at a coal processing plant, covered nearby houses in the dust, which contained lead, arsenic, silica and other carcinogenic substances. CSX argues the class cannot state a claim, but the class's allegations are sufficient for property damage, personal injury, trespass and nuisance.
Court: USDC Maryland, Judge: Bennett, Filed On: June 14, 2023, Case #: 1:22cv2684, NOS: Torts to Land - Real Property, Categories: Environment, Property, Tort
J. Kelley denies a construction company and individual's motion for judgment as a matter of law following a jury verdict in favor of a worker who was injured when he fell from a ladder, which prompted an investigation by the Occupational Safety and Health Administration. The Secretary of Labor showed the company and individual retaliated against the employee by reporting him to immigration officials and arranging a meeting, following which the worker was arrested.
Court: USDC Massachusetts, Judge: Kelley, Filed On: June 14, 2023, Case #: 1:19cv10369, NOS: Other Labor Litigation - Labor, Categories: Employment Retaliation, Labor
J. Smith finds a lower court properly sentenced a defendant to 84 months in prison after a jury convicted him for being a felon in possession of a firearm. The defendant argued that the lower court erred in admitting evidence of a 18-year-old firearm conviction. However, the government presented sufficient evidence in court that the conviction was not too remote. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 14, 2023, Case #: 22-1537, Categories: Firearms, Sentencing
J. Hutchison affirms the West Virginia Environmental Quality Board's Sept. 29, 2021, ruling modifying the utility company's permit to reduce the amount of acid drainage it's allowed to inject into an abandoned underground mine. Since their factual findings were based on "reliable, probative, and substantial evidence" the court finds the Board's conclusions were "neither arbitrary nor capricious nor characterized by an abuse of discretion." Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison , Filed On: June 14, 2023, Case #: 21-0845, Categories: Environment, Government, Business Practices
J. Humes finds that the trial court properly convicted defendant of forcible rape. However, though moving the victim from one bathroom stall to another supported a simple kidnapping count, the movement did not substantially increase the risk of harm to support an aggravated kidnapping circumstance. Because the kidnapping was not aggravated, the sentence is reduced from 25-years-to-life to 15-years-to-life. Reversed in part.
Court: California Courts Of Appeal, Judge: Humes, Filed On: June 14, 2023, Case #: A163761, Categories: Sentencing, Sex Offender, Kidnapping
J. Milazzo dismisses as time-barred a claim filed by survivors of a deceased doctor employed by a manufacturer of a chemical agent found in the commonly used herbicide, Roundup. The doctor, an avid gardener, often used the lawn product, which family members linked to his development of fatal skin cancer. In addition, the litigants use an inapplicable provision of a state law and therefore may not recover punitive damages for their remaining wrongful death claim.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: June 14, 2023, Case #: 2:19cv9334, NOS: Tort Product Liability - Real Property, Categories: Civil Procedure, Environment, Product Liability
J. Summerhays denies Shell USA’s request for reconsideration of an order remanding to state court a southwestern Louisiana coastal parish government’s suit alleging Shell’s oil and gas exploration activities violated state rules and permits. The ruling agrees with a decision in a similar suit in the Eastern District of Louisiana that the connection between a refining contract and production activities in the field is too attenuated to support removing the case to federal jurisdiction based on federal government requirements.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: June 14, 2023, Case #: 2:18cv688, NOS: Other Statutory Actions - Other Suits, Categories: Energy, Environment, Jurisdiction
J. Rubin grants a fire protection equipment and services firm’s motion for summary judgment against Nationwide’s negligence and breach of warranties claims when the sprinkler system in a local community center froze and caused water damage. According to the agreement, the actions of the firm are covered and therefore, Nationwide cannot recover $294,000 in damages from the firm.
Court: USDC Maryland, Judge: Rubin, Filed On: June 14, 2023, Case #: 1:20cv684, NOS: All Other Real Property - Real Property, Categories: Insurance, Damages, Contract
J. Worthen finds the trial court properly entered summary judgment in favor of the county which assessed taxes on the natural gas compressors which were leased to a business within that county but stored and maintained in another county. Though the tax code allows for taxation of a dealer’s “heavy equipment inventory” only in the county in which the inventory is based and maintained, because the lessor protested the appraisals, the protests of which were denied, the doctrine of res judicata precludes further review. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: June 14, 2023, Case #: 12-22-00325-CV, Categories: Administrative Law, Municipal Law, Tax
J. Oliver grants the employer's motion for partial judgment on the pleadings, ruling two comments made by supervisors are insufficient to support the white male employee's claims of sex and race discrimination and do not show any bias on the part of the company. Meanwhile, the intentional tort claim based on allegations the employee was infected with Covid-19 after the employer allowed two sick individuals to finish their shifts without proper safety equipment must also be dismissed because there is no evidence the employer wanted to injure the worker.
Court: USDC Northern District of Ohio, Judge: Oliver, Filed On: June 14, 2023, Case #: 1:22cv1333, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Covid-19, Employment Discrimination
J. Gonzalez rules in favor of the NYPD on a father’s claims for familial association while preserving his claims for false arrest and malicious prosecution. The case stems from an incident in which he smashed his son’s laptop, which he had been using to attend virtual classes, after he discovered the son had been lying about completing his school assignments. The court declines to add to the court record a copy of the laptop’s receipt which showed it was owned by the litigant’s ex-wife, and as such the officers involved lacked probable cause to arrest him on charges of criminal mischief, endangering the welfare and harassment.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: June 14, 2023, Case #: 1:22cv3485, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Police Misconduct
J. Gravois finds that the trial court properly vacated the parish council's denial of an application for resubdivision of a property. In this case, the application did not involve a rezoning request and was unopposed by the parish departments. Further, there was no evidence that an additional 20 lots to the neighborhood would create a legitimate safety concern. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: June 14, 2023, Case #: 22-CA-526, Categories: Property, Zoning, Contract
J. Adlin reverses the examining attorney's refusal to register a girl musical group's mark, Boys World, for recordings of their music. Due to the widely recognized band name in association with the girl group, the mark is a source identifier. Reversed.
Court: Trademark Trial and Appeal Board, Judge: Adlin, Filed On: June 14, 2023, Case #: 88981832, Categories: Trademark