135 results for 'filedAt:"2023-07-07"'.
J. McEvers finds that the district court improperly modified primary residential responsibility in a divorce proceeding without finding the children were adversely affected or evidence of a general decline in the children’s conditions. Reversed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: July 7, 2023, Case #: 2023ND120, Categories: Family Law
J. Jensen remands a matter after defendant changed his pleas to guilty concerning conviction for two counts of sexual assault. Defendant claims that the the district court failed to abide by the North Dakota Rules of Criminal Procedure and was biased in sentencing him. The matter is remanded for to provide the State an opportunity to file any relevant transcripts which may show the district court substantially complied with the procedure.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: July 7, 2023, Case #: 2023ND121, Categories: Sentencing, Sex Offender
J. Schostok finds that the lower court properly denied defendant's request to file a successive post-conviction petition challenging his sentence to life without parole for a murder committed at age 18. The legislature later made it illegal to deny any chance of parole to offenders under the age of 22, but the law does not apply retroactively. Affirmed.
Court: Illinois Appellate Court, Judge: Schostok, Filed On: July 7, 2023, Case #: 210312, Categories: Habeas, Murder
J. Berzon finds that the district court properly dismissed claims alleging that a class of individuals were victims of human rights abuses committed by the Chinese Communist Party and Chinese government officials and that these abuses were enabled by technological assistance of U.S. corporation Cisco Systems and two Cisco executives. The district court dismissed the class claims under the Alien Tort Statute on the ground that class members did not meet the standard for aiding and abetting liability under international customary law. Affirmed.
Court: 9th Circuit, Judge: Berzon, Filed On: July 7, 2023, Case #: 15-16909, Categories: Civil Rights, Class Action
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J. Miller-Lerman finds the Nebraska court of appeals properly reversed the juvenile court’s termination of the father’s parental rights to his son on grounds that he had substantially neglected the child’s necessary care and protection. Though the father is currently incarcerated, since learning of his paternity he has shown interest in parenting, completed classes, stayed in contact with caseworkers and consistently visited with his son. The evidence does not support termination. Though the court of appeals advocates for placement with the mother, the Nebraska Supreme Court advocates for placement with the grandmother. Affirmed as modified.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: July 7, 2023, Case #: S-22-312, Categories: Family Law, Guardianship
J. Lohier finds that the district court properly held that a medical billing firm lacked standing to sue a Medicare administrative contractor for an error that resulted in a service provider being underpaid. The billing firm failed to exhaust agency appeals before seeking judicial review, and the narrow exception that would have allowed skipping that step did not apply. Affirmed.
Court: 2nd Circuit, Judge: Lohier, Filed On: July 7, 2023, Case #: 21-1622-cv, Categories: Jurisdiction, Medicare
J. Lawson partially grants the board's motion to dismiss a hostile work environment, retaliation and race and sex-based discrimination action brought by a law professor. The board is entitled to sovereign immunity as a department of the state from the professor's claims under the Elliot-Larsen Civil Rights Act and the Persons With Disabilities Civil Rights Act. The professor, a Black woman, failed to allege sufficient facts to show that the board discriminated against her on the basis of her race, gender or because she was unmarried. However, the professor stated a plausible claim for retaliation based on the suspension of her teaching duties and salary benefits after she made and reported her civil rights complaints.
Court: USDC Eastern District of Michigan, Judge: Lawson, Filed On: July 7, 2023, Case #: 2:22cv12021, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Green affirms a jury’s decision to require a lawyer, who terminated a contract with a law firm that wished to purchase his firm, to pay the would-be purchasing firm $350,316. The jury had jurisdiction despite their being a contract between the two parties because the contract failed to stipulate a judgment amount for the termination that occurred.
Court: Massachusetts Court Of Appeals, Judge: Green, Filed On: July 7, 2023, Case #: 22-P-850, Categories: Enforcement Of Judgments, Jurisdiction, Contract
J. Anello rules a class of consumers may pursue fraud claims against a nutrition company that sells a dietary supplement called Keto K1000 powder. The consumer sufficiently alleges that the nutrition company mislabeled its products as containing "nothing artificial," when they actually contain DL malic acid, a synthetic substance derived from petrochemicals, and that he would not have purchased the product had he known the truth.
Court: USDC Southern District of California, Judge: Anello, Filed On: July 7, 2023, Case #: 3:23cv216, NOS: Contract Product Liability - Contract, Categories: Consumer Law, Product Liability, False Advertising
J. Helmick grants the unopposed motion to approve the settlement, ruling that the agreement will compensate underpaid employees fairly and was the result of good faith negotiations by all parties. Meanwhile, the lead attorney of the class is entitled to one-third of the total settlement in fees and, therefore, is awarded $500,000 in fees.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: July 7, 2023, Case #: 3:20cv2340, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Attorney Fees, Labor
J. Sessions allows liability experts for Black & Decker to provide testimony but excludes experts for plaintiff in claims contending a defective miter saw "jumped" during use, causing a 6-inch-deep laceration on plaintiff's forearm. The record does not indicate Black & Decker failed to comply with discovery orders, and one expert's testimony was based on his technical and specialized knowledge of the saw, while another expert was a safety assurance manager for the company. Meanwhile, whether plaintiff had been aware of additional safety clamps, and whether the absence of clamps caused injury, remains unclear.
Court: USDC Western District of New York, Judge: Sessions III, Filed On: July 7, 2023, Case #: 1:18cv486, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Experts
J. Fitzgerald finds in favor of the insurance company for the laundromat corporation’s claim that the insurance company must pay $806,600 for property loss resulting from a deliberately set fire. The laundromat corporation does not provide enough non-speculative evidence that it suffered lost business income, because the fire broke out while its laundromat was still in the pre-construction stage.
Court: USDC Central District of California, Judge: Fitzgerald, Filed On: July 7, 2023, Case #: 2:20cv4950, NOS: Insurance - Contract, Categories: Insurance, Contract
[CONSOLIDATED] J. Smith finds that the trial court properly ruled in two cases concerning the parent-child relationship of a mother and father to their children. On the mother’s appeal, it can be concluded that a reasonable factfinder would agree that she endangered her children by placing them in unsuitable environments. As for the father’s challenge, the court acted within its discretion to allow supervised access to his child to ensure that he does not allow the mother to see the child. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: July 7, 2023, Case #: 03-23-00083-CV, Categories: Family Law
J. Lange grants defendant individuals' and counterclaim individual plaintiffs' motion for summary judgment in a matter involving a dispute over a farmland lease agreement. However, the court stays any further proceedings until pending appeal from a decision by the South Dakota Supreme Court.
Court: USDC South Dakota, Judge: Lange, Filed On: July 7, 2023, Case #: 3:22cv3003, NOS: Other Contract - Contract, Categories: Property, Contract
J. Chuang grants an orthopedic surgery firm its motion to dismiss claims of wage law and False Claims Act violations by a former doctor. The doctor argues the firm violated the Act when it claimed he and another doctor owed overhead expenses and loans exceeding their outstanding accounts receivable, which the doctor claims is false. Then the firm “took control” of the accounts receivable. However, even if the doctor had presented sufficient evidence of false claims, which he failed to do, he is not protected under the Act.
Court: USDC Maryland, Judge: Chuang, Filed On: July 7, 2023, Case #: 8:22cv1501, NOS: False Claims Act - Torts - Personal Injury, Categories: Employment, False Claims, Employment Retaliation
J. Crothers finds that the district court improperly entered a judgment evicting a tenant from possession of an apartment for debts accrued under two leases. The court remands for the lower court to determine if the apartment owner was entitled to a judgment of eviction on the basis of a failure to pay rent under an expired January lease. Reversed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: July 7, 2023, Case #: 2023ND123, Categories: Landlord Tenant, Property
J. Henderson finds the superior court erred in determining a husband’s severance and bonus pay were separate property in a divorce. “The court lacked sufficient information to classify the severance and bonus pay.” Reversed.
Court: Alaska Supreme Court, Judge: Henderson, Filed On: July 7, 2023, Case #: S-18242, Categories: Family Law
Per curiam, the appeals court finds the trial court improperly denied the former wife additional attorney fees in the dissolution of her and the former husband's marriage. The trial court failed to make sufficient, specific findings in its final judgment supporting denial of the attorney fees, limiting its review to the short-term nature of the marriage and small amount of marital assets without considering the wife and husband's respective financial resources. The portion of the court's judgment regarding the attorney fees is reversed, and the portion where it entered its equitable distribution award and found the husband and wife's premarital agreement valid is upheld. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: July 7, 2023, Case #: 22-0751, Categories: Family Law, Attorney Fees
J. Walton grants an individual's motion for leave to conduct early discovery in her assault and battery case against an unnamed Secret Service agent. She has sufficiently shown a good faith belief the discovery will allow her to establish the district court's jurisdiction.
Court: USDC District of Columbia, Judge: Walton, Filed On: July 7, 2023, Case #: 1:22cv3536, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Jurisdiction, Discovery, Assault
J. Sentelle upholds the district court's dismissal of claims by survivors and family members of victims of terrorist attacks on U.S. embassies in Kenya and Tanzania against an international bank. They fail to plausibly allege the bank financially supported al-Qaeda's embassy bombings. Affirmed.
Court: DC Circuit, Judge: Sentelle, Filed On: July 7, 2023, Case #: 22-7083 , Categories: Terrorism
J. Srinivasan vacates the district court's grant of summary judgement to a landlord on a brokerage firm's action to recover commission on a lease agreement in which the firm represented both the landlord and tenant. Contrary to the district court's finding, the firm was not required to follow the formatting specifications under the District of Columbia's Brokerage Act, but is only required to show it obtained the required written consent. Vacated.
Court: DC Circuit, Judge: Srinivasan, Filed On: July 7, 2023, Case #: 22-7046 , Categories: Landlord Tenant, Contract
Per curiam, the circuit denies a company's petition for review of the Federal Motor Carrier Safety Administration's refusal to grant it an exemption related to its pulsing, rather then the requisite steady, brake light module. The company fails to show the agency's decision is unreasonable or unsupported.
Court: DC Circuit, Judge: Per curiam, Filed On: July 7, 2023, Case #: 22-1260 , Categories: Administrative Law
J. Wilkins grants energy trade groups and natural gas associations petitions for review challenging the Department of Energy's final rule instituting more stringent energy efficiency standards for commercial boilers. The department failed to sufficiently explain its reasoning, and it should have provided notice and comment.
Court: DC Circuit, Judge: Wilkins, Filed On: July 7, 2023, Case #: 22-1107 , Categories: Administrative Law, Energy, Environment
Per curiam, the circuit upholds the district court's order denying defendant's motion to suppress evidence in his firearm and ammunition case. The officers had reasonable suspicion to stop defendant and search him. Affirmed.
Court: DC Circuit, Judge: Per curiam, Filed On: July 7, 2023, Case #: 21-3032 , Categories: Firearms, Search
J. Snow denies an orthopedics implant products company's motion to leave to file a reply to a medical device manufacturer's patent infringement claims. The medical device manufacturer sufficiently showed in court that the implant products company has not provided any new evidence to support its motion.
Court: USDC Arizona, Judge: Snow, Filed On: July 7, 2023, Case #: 2:22cv723, NOS: Patent - Property Rights, Categories: Patent, Trademark