177 results for 'filedAt:"2023-06-28"'.
J. Triana finds that the trial court properly ruled to terminate the parental rights of a father to his child. A reasonable factfinder would agree that termination is in the best interest of the child. Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: June 28, 2023, Case #: 03-23-00111-CV, Categories: Family Law
J. Griesbach finds in favor of the mental health hospital in the employee's lawsuit claiming she was retaliated against and forced to resign from her job because of her pregnancy, including through harassment she faced from a female supervisor who cast her maternity leave in a negative light and asked when she was going to stop getting "knocked up." The employee's sex discrimination and retaliation claims under Title VII and the Pregnancy Discrimination Act fail because she has not brought nearly enough evidence proving she was constructively discharged, in part because there is nothing in the record to suggest the hospital intended to fire her prior to her resigning when she returned from maternity leave, or that her work environment had become intolerable or unbearable. Summary judgment is granted to the hospital and the employee's claims are dismissed.
Court: USDC Eastern District of Wisconsin, Judge: Griesbach, Filed On: June 28, 2023, Case #: 1:22cv551, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Fallon grants requests by oil and gas corporations and pipeline companies, dismissing claims by 30 lease holders of oyster beds alleging that they introduced “brine,” “produced water” and other pollutants in coastal waters off southeast Louisiana resulting in “significant oyster mortality.” The litigants have “not produced any specific allegations as to any event or action” by any of the energy companies that could result in their being held responsible for damage to the oyster beds. The ruling adapts a magistrate judge’s report that concluded the leaseholders’ pollution claims rely on “plain speculation” that an upward spike in damaging salinity must have been caused by energy activities “without specifying anything more.”
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: June 28, 2023, Case #: 2:22cv1345, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Energy, Environment, Discovery
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J. Perry finds that the trial court improperly sustained the property owners' exception of no right of action and dismissed the subdivision residents' nuisance suit over dirt dumping that raised a lot, diverted water flow and violated neighborhood covenants. The residents have a right of action and "clearly belong to the class of persons that has a legal interest in the subject matter of the litigation." Reversed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: June 28, 2023, Case #: CA-22-690, Categories: Civil Procedure, Property, Real Estate
J. Stiles finds that the trial court properly denied the physicians' motion for discovery sanctions against the hospital accused of not paying nephrologists for on-call services. The record does not support a finding that the hospital violated the discovery order, given its "laborious process of reviewing a multitude of documents." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: June 28, 2023, Case #: CA-23-372, Categories: Health Care, Sanctions, Discovery
J. Stras finds a lower court properly enhanced a defendant's prison sentence for directing a third party to use violence against a co- conspirator who sold his drugs on the outside, and then kept some of the profits. The defendant, who pleaded guilty to conspiracy to distribute 50 grams or more of meth, argued that the lower court erred in enhancing his prison term. However, the government sufficiently presented evidence in court that the defendant directed drug deals from prison, which included his co-conspirator depositing money in another inmate's prison account, and then directed a third party to shake down the co-conspirator after he failed to make good his drug debts. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: June 28, 2023, Case #: 21-3763, Categories: Drug Offender, Sentencing, Conspiracy
J. Sammartino partly grants an airline's motion for summary judgment concerning a part-time customer service employee's sex harassment claims alleging that a co-worker touched her thigh at least five times. The employee fails to present evidence that her male co-worker engaged in quid pro quo sexual harassment, but does sufficiently allege that he may have created a hostile work environment even though he was not a supervisor.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: June 28, 2023, Case #: 3:22cv203, NOS: Employment - Civil Rights, Categories: Employment
J. Dyk finds that the district court improperly ruled for the government in fifth amendment claims contending vehicles taken during a criminal investigation had not been returned to defendant because issues remain in dispute as to whether defendant abandoned the vehicles. Reversed.
Court: Federal Circuit, Judge: Dyk, Filed On: June 28, 2023, Case #: 22-1378, Categories: Property, Due Process
J. Marcotte finds that defendant was properly convicted of two counts of second-degree murder. Defendant does not show that he was acting in self-defense when he shot the victims. There was testimony that defendant began fighting with the victims and had been looking for them over a dispute concerning his girlfriend. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte, Filed On: June 28, 2023, Case #: 55,052-KA, Categories: Evidence, Murder, Self Defense
J. Arthur disagrees with the lower court's decision that a county's housing commission must go through the court to obtain permission to sell some land containing two burial plots to a developer. Although a local African-American cemetery coalition was initially granted its mandamus to stop the sale, the commission invokes a state statute which allows it to sell the plots since they had already been used as a parking lot in the past. Also, the proceedings are moot because during the process, the buyer pulled out, cancelling the sale. Reversed.
Court: The Appellate Court of Maryland, Judge: Arthur, Filed On: June 28, 2023, Case #: 486734V, Categories: Property, Business Practices, Injunction
J. Stewart finds that the trial court properly declined to resentence defendant after he violated parole, and instead ordered him to serve a previously suspended five-year prison term. He is not entitled to resentencing because he was too late to request the retroactive application of amendments to the sentencing statute. Affirmed.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: June 28, 2023, Case #: A165968, Categories: Firearms, Probation, Domestic Violence
J. Stephens finds that defendant was properly convicted of manslaughter. The victim's girlfriend identified defendant as the person who shot the victim. Further, another eyewitness identified defendant, and defendant matched the description of other witnesses' identification of the shooter. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: June 28, 2023, Case #: 55,087-KA, Categories: Evidence, Manslaughter, Witnesses
J. Rodriguez grants a firm reconsideration in claims brought against an insurer because the firm was entitled to review alleged attorney-client communications between the insurer and its counsel since counsel acted as an insurance adjuster by making an offer of settlement and tendering a check to the firm.
Court: USDC Colorado, Judge: Rodriguez, Filed On: June 28, 2023, Case #: 1:22cv1381, NOS: Insurance - Contract, Categories: Insurance, Privilege
Per curiam, the appellate division finds that the lower court improperly dismissed claims against the state alleging a man was sexually abused as a minor by a counselor at a state-certified boarding school for foster children. The complaint is sufficiently detailed to allow the state to investigate the claims and ascertain its liability. The Child Victims Act does not require claimants to allege the exact date on which the sexual abuse occurred. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 28, 2023, Case #: 03451, Categories: Tort, Negligence
J. Hutchinson finds the trial court improperly convicted defendant for aggravated battery with a firearm and second-degree murder. The jury was mistakenly provided with the state’s closing argument PowerPoint presentation during deliberations. It cannot be said that the error and resulting prejudice was “harmless beyond a reasonable doubt.” Reversed.
Court: Illinois Appellate Court, Judge: Hutchinson , Filed On: June 28, 2023, Case #: 2-22-0178, Categories: Firearms, Jury, Murder
J. Wells agrees with the lower court's ruling that evidence was adequate to convict a former daycare worker with eight counts of sexual abuse of a minor, regardless of the specific definition of the phrase "lascivious exhibition of the genitals" that the state employs. Also, the prosecution's questioning of the female worker's sexual orientation was used to establish possible motive for taking pictures of only girls' genitals at the daycare center, not to bias the jury against her. The worker, who is 18 years old and tried as an adult, received a sentence of 280 years of incarceration with all but 126 years suspended. Affirmed.
Court: The Appellate Court of Maryland, Judge: Wells, Filed On: June 28, 2023, Case #: C-22-CR-21-000263, Categories: Sentencing, Sex Offender, Child Pornography
J. Jacquot finds the trial court properly continued an individual's involuntary civil commitment. The record was “legally sufficient, if just barely, to support court’s findings regarding appellant’s inability to meet his basic needs.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: June 28, 2023, Case #: A178759, Categories: Commitment
J. Thompson finds that the trial court should not have denied a casino's motion for summary judgment on a trip and fall claim, in which a patron tripped over a wheel stop in the casino parking lot. While the photos of the wheel stop show that it was close to the passenger side door of the patron's car, the photos also show that the patron's daughter improperly parked in the loading zone. Further, the wheel stop was apparent because it was painted yellow and set within a loading zone having white and blue stripes. Reversed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: June 28, 2023, Case #: 55,064-CW, Categories: Evidence, Negligence
J. Gonzalez rules in favor of the Securities and Exchange Commission on securities fraud claims brought against a New Jersey resident that showed he solicited funds from investors by falsely claiming his company owned patents to cold cracking technology, an emerging oil industry technology that converts heavy crude oil into light oil, when in truth, his company simply had a minority interest in a now-defunct company that had the option to purchase the patents once they were approved. The court also enters judgment against a separate partner on one claim for aiding and abetting. However, the court finds genuine materials of fact preclude the court from issuing a ruling on whether the two defendants deceptively misappropriated investor funds for their own benefit and allows those claims to be decided at trial.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: June 28, 2023, Case #: 1:18cv5075, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Rush finds that the trial court properly ruled in a contract action because the school's investment in a wind turbine project exceeded its authority under Indiana law, and the record indicates the contract was void. Affirmed.
Court: Indiana Supreme Court, Judge: Rush, Filed On: June 28, 2023, Case #: 23S-CP-59, Categories: Contract
J. Conley partially grants motions in limine from the father, the therapist, the clinic and insurance companies in the father's medical malpractice lawsuit alleging that, during behavioral health therapy, the therapist planted false memories in his daughter's head that he raped her as a child. The father's motions to exclude testimony mentioning the net worth of his own father and two criminal charges he faced in his past are granted, and his motion to exclude testimony on whether he and his wife acted appropriately as his daughter's parents, especially regarding their reaction to alleged abuse of the daughter by her cousin, is denied. The therapist's, insurance companies' and clinic's motions to exclude opinion testimony about any other witness's credibility and testimony about the doctor's psychological state when she testified at a child protective services case are granted, and the therapist's motion to exclude testimony from a doctor testifying as an expert for the father concerning his opinion that she is the "worst" or "most incompetent" therapist he has encountered is denied, so long as he does not get into hyperbole and sticks to what is filed in his expert report. Other motions in limine regarding admissible testimony and other matters, including regarding the therapist's quality of care and other false memory lawsuits, are reserved for discussion at the final pretrial conference.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: June 28, 2023, Case #: 3:20cv814, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Evidence, Tort, Medical Malpractice
J. Dickerson finds that defendant was properly sentenced to 62 years at hard labor on his conviction for armed robbery and adjudication as a habitual offender. Defendant's sentence is a midrange sentence as a habitual offender with a crime of violence. Further, the record shows that defendant had an extensive criminal history dating back to 1999. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: June 28, 2023, Case #: 55,088-KA, Categories: Robbery, Sentencing
J. Melgren rules a patent holder of a vehicle cabin temperature regulator may pursue violations of covenant of good faith and fair dealing against a patent licensee. The patent holder sufficiently showed in court that the licensee refuses to provide royalty statements for auditing.
Court: USDC Kansas, Judge: Melgren, Filed On: June 28, 2023, Case #: 2:22cv2043, NOS: Other Contract - Contract, Categories: Patent, Contract