157 results for 'filedAt:"2023-08-02"'.
J. Levyrules in favor of the township in the complaint, which alleges the officials wrongfully prevented the homeowners from operating a used car dealership on their property and determined the property was a blight. A history of neighbors' complaints about the junkyard provided a basis for the township's actions, and there is no evidence of animus or ill will toward the homeowners.
Court: USDC Eastern District of Michigan, Judge: Levy, Filed On: August 2, 2023, Case #: 5:18cv11556, NOS: All Other Real Property - Real Property, Categories: Property
J. Williams grants the employer's motion to dismiss, ruling that the injured driver's failure to comply with court orders to complete interrogatories and other discovery, coupled with a two-year delay in the production of discovery documents, has prejudiced the employer and requires sanctions in the form of dismissal.
Court: USDC Connecticut, Judge: Williams, Filed On: August 2, 2023, Case #: 3:20cv785, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Discovery
Per curiam, the appellate division finds the lower court improperly dismissed a man's claim against the state pursuant to the Child Victims Act alleging he was sexually abused at a state-operated psychiatric hospital when he was a teenager. The man is not required to provide exact dates on which the alleged abuse occurred decades ago, but he adequately states the abuse occurred when he was 16, names the place in the facility where it happened and the name of his abuser. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 2, 2023, Case #: 04146, Categories: Government, Negligence
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J. Lee finds that the district court improperly awarded attorney fees to copyright holders’ counsel in a copyright class action on behalf of copyright holders of musical compositions against Rhapsody International, also known as Napster. The fees were disproportionate to the relatively small recovered amount by certain class members. Reversed.
Court: 9th Circuit, Judge: Lee, Filed On: August 2, 2023, Case #: 22-15162, Categories: Attorney Fees, Class Action
[Modified.] J. Codrington modifies a previously published opinion and denies a petition for rehearing with no change in judgment. The trial court was within its discretion to deny the state a continuance to extend the 60-day deadline to try defendant's felony case. A shortage of judges, a chronic backlog and operational delays caused by Covid-19 combined to require the dismissal of charges for assault with a deadly weapon. Affirmed.
Court: California Courts Of Appeal, Judge: Codrington, Filed On: August 2, 2023, Case #: E080076, Categories: Judiciary, Assault, Due Process
Per curiam, the appellate division finds that Marc Elefant shall be disbarred from the practice of law in New York due to his federal felony conviction of conspiracy to commit wire fraud, where he admitted he improperly settled cases with insurance companies in the amount of $1.4 million.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 2, 2023, Case #: 04124, Categories: Attorney Discipline
J. Bell grants, in part, summary judgment to an employee on his action for underinsured motorists insurance coverage following a car accident. The policy at issue is subject to the state's Motor Vehicle Financial Responsibility Act, which requires coverage for underinsured motorists.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: August 2, 2023, Case #: 5:22CV73, NOS: Insurance - Contract, Categories: Employment, Insurance
J. Mercier finds that the trial court improperly ruled in favor of the consulting service on its breach of contract and breach of fiduciary duty claims against the staffing service in an action arising from the staffing service's alleged violation of an asset sales agreement. Questions of fact remain as to whether the consulting service waived strict compliance with the agreement and whether the parties modified the agreement. Questions of fact also remain as to the amount owed to the consulting service and whether the staffing service properly withheld any of the payments. The trial court incorrectly found in favor of the consulting service on the staffing service's request for attorney fees. However, the trial court correctly refused to find in favor of the consulting service on the staffing service's breach of contract and unjust enrichment counterclaims. Reversed in part.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: August 2, 2023, Case #: A23A1042, Categories: Fiduciary Duty, Attorney Fees, Contract
J. Kobes finds a lower court properly dismissed an estate administrator's negligence claims against a railroad company. The estate administrator argued that the railway company forced her now deceased husband to come into contact with diesel exhaust, silica dust, and asbestos, which resulted in cancer. However, expert witnesses who submitted testimony in court failed to sufficiently show that his cancer was the direct cause of exposure. Affirmed.
Court: 8th Circuit, Judge: Kobes , Filed On: August 2, 2023, Case #: 21-3366, Categories: Employment, Evidence, Negligence
J. Wedemeyer finds the lower court properly convicted defendant of sale and delivery of cocaine for selling crack cocaine to a confidential informant. While defendant argues evidence is not sufficient and substitute evidence for the prerecorded funds used in the transaction should not have been allowed, other evidence presented in the case is sufficient and the court gave the jury instructions requested by defendant regarding the prerecorded funds evidence. Evidence is sufficient to support defendant’s convictions and 28-year sentence. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Wedemeyer, Filed On: August 2, 2023, Case #: M2022-00512-CCA-R3-CD, Categories: Drug Offender, Evidence, Sentencing
Vice Chancellor Will finds that a seller breached a merger agreement primarily by failing to inform the buyer about its dubious accounting method. Following trial, those misstatements amount to a finding of fraud, such that damages amount to $4.6 million in favor of the buyer.
Court: Delaware Chancery Court, Judge: Will, Filed On: August 2, 2023, Case #: 2020-1000-LWW, Categories: Fraud
J. Elliott partially grants a former employee’s amended complaint against his former employer. In the amended complaint, he revised his claims and added someone he believed helped his former supervisor retaliate against him as a defendant. The addition of the defendant is barred by the statute of limitations, but the other changes in the amended complaint are acceptable.
Court: USDC New Hampshire, Judge: Elliott, Filed On: August 2, 2023, Case #: 1:23cv23, NOS: Other Contract - Contract, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Rovner finds that the lower court properly found for the government employer on due process claims stemming from an employee's termination. The employee was given both notice and the opportunity to respond to the charges against her before the decision was made to fire her. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: August 2, 2023, Case #: 22-1848, Categories: Employment, Due Process
Per curiam, the Second Circuit finds that the district court improperly ordered material unsealed in the Virginia Giuffre-Jeffrey Epstein litigation that a woman claimed could endanger her. On remand, the lower court should weigh whether the woman, from a conservative culture where “honor killings” occur, was attempting to avoid adverse publicity or raised sufficient safety concerns in identification that outweighed the presumption of public access to the documents.
Court: 2nd Circuit, Judge: Per curiam, Filed On: August 2, 2023, Case #: 22-3042, Categories: Civil Procedure, Public Record
J. Johnson finds the trail court properly revoked defendant’s community supervision for his guilty plea conviction for evading arrest or detention with a previous conviction. Defendant pled “not true” at the revocation hearing to committing a new offense, failing to pay supervision fees, failing to pay court costs and fine, failing to pay court appointed attorney fees, and failing to pay substance abuse testing fees, and was sentenced to two years in jail after the court heard evidence. Video evidence shows defendant damaging a door when attempting to enter a residence where he was not allowed. This, and all other evidence supports revocation. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: August 2, 2023, Case #: 09-22-00306-CR, Categories: Probation, Attorney Fees, Vandalism
J. Rodriguez finds a lower court ruled correctly in granting a diocese’s plea to the jurisdiction after a “group of parishioners who raised funds to build a new church” sued the diocese for fraud and other claims because the diocese “accepted the funds but ultimately decided not to build the church.” Diocese leadership ultimately decided building a new church was not the best option, and while parishioners argue their claims invoke “neutral principles of law,” in fact “each claim implicates an ecclesiastical matter of church organization and governance” and this court therefore cannot get involved under the First Amendment. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: August 2, 2023, Case #: 08-22-00204-CV, Categories: Fraud, Jurisdiction, First Amendment
J. Shubb enters a consent agreement between the state corrections department and a nonprofit and county in which the department agrees to pay $1.7 million for their investigative costs and attorney fees, and will repair a wastewater system and implement a water pollution prevention plan, among other things.
Court: USDC Eastern District of California, Judge: Shubb, Filed On: August 2, 2023, Case #: 2:20cv2482 , NOS: Environmental Matters - Other Suits, Categories: Environment, Settlements, Water
J. Alvarez upholds the trial court's grant of a temporary injunction that prevents a restaurant from operating its wood-burning grill until a trial is held on the adjacent hotel's nuisance and trespass claims regarding the smoke and grease emitted from the grill. There is evidence to reasonably support the hotel's claims and that it would suffer irreparable injury without an injunction. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: August 2, 2023, Case #: 04-23-00242-CV , Categories: Injunction
J. Mathias finds the lower court improperly found defendant to be a habitual offender. Defendant was convicted of four counts of cold molesting and received an effective 26-year sentence as a habitual offender. The state was required to show the instant offenses were committed after any prior offenses considered to establish the habitual offender status, but three of the four instant offenses were allegedly committed before. Insufficient evidence was presented to support sentencing defendant as a habitual offender. Reversed.
Court: Indiana Court Of Appeals, Judge: Mathias, Filed On: August 2, 2023, Case #: 22ACR2927, Categories: Evidence, Sentencing, Sex Offender