164 results for 'filedAt:"2023-08-23"'.
J. Parker finds that the lower court improperly entered a temporary injunction against the appellants in this suit alleging fraudulent transfer. The order did not comply with Rule 683, as it failed "to state the reasons for its issuance and to be specific in its terms." Accordingly, it is a void order. Reversed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: August 23, 2023, Case #: 07-23-00240-CV, Categories: Civil Procedure, Fraud
J. Griffin finds the district court properly found for the government on a general contractor's challenge to the constitutionality of the Occupational Safety and Health Act. Constraints placed on the Occupational Safety and Health Administration by the legislation that created it sufficiently limit its authority to craft nationwide workplace safety standards such that it does not violate the nondelegation provision. Although there are not a large number of restrictions regarding the type of rules OSHA can implement in the workplace, the Act's "reasonably necessary and appropriate" language passes the "intelligible principle" test established by the Supreme Court. Affirmed.
Court: 6th Circuit, Judge: Griffin, Filed On: August 23, 2023, Case #: 22-3772, Categories: Constitution, Construction, Government
J. Fox finds that the lower court improperly changed the plan to eventually reunify the child and his mother to an adoption plan. The move was made after over a year of little progress on the mother's prior plan, but in its order, the lower court made no mention of efforts to try to reunite the mother with the child. Those findings need to be made before the adoption plan is warranted. Reversed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: August 23, 2023, Case #: S-23-0033, Categories: Family Law
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J. Robart dismisses the patent holder's claim that the lifting and transportation company's hoisting apparatus infringes on the patent holder's patent titled, "Apparatus and Method for Positioning an Object in a Building." The patent holder's amended complaint fails because it relies on conclusory allegations rather than factual allegations on how exactly the lifting and transportation company's hoisting apparatus infringes on the patent.
Court: USDC Western District of Washington, Judge: Robart, Filed On: August 23, 2023, Case #: 2:23cv562, NOS: Patent - Property Rights, Categories: Patent
J. Arterton grants the receiver's motion for a partial stay of liquidation proceedings, ruling the unique assets of the embezzler's family will not be liquidated, given the court has yet to determine if they are subject to disgorgement and the $103 million obtained through liquidation of non-unique assets may be sufficient to cover the penalties and taxes owed on the judgment.
Court: USDC Connecticut, Judge: Arterton, Filed On: August 23, 2023, Case #: 3:15cv675, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Civil Procedure, Fraud, Securities
J. Christensen grants a motion to enjoin the Greater Red Lodge Area Vegetation and Habitat Management project, a proposed logging effort across roughly 20,000 acres in Carbon county. The government violated the National Environmental Policy Act by failing to consider certain environmental effects of the project on local wildlife, such as the local lynx habitat.
Court: USDC Montana, Judge: Christensen, Filed On: August 23, 2023, Case #: 9:21cv84, NOS: Environmental Matters - Other Suits, Categories: Environment, Agency
J. Jensen finds that the circuit court improperly dismissed an individual's administrative appeal from a final decision of the South Dakota Department of Labor and Regulation’s (DOL) Reemployment Assistance Division (RAD), determining the court lacked subject-matter jurisdiction in a matter determining that the individual was ineligible to have received over $20,000 in federal pandemic unemployment benefits and ordered her to repay them. Reversed.
Court: South Dakota Supreme Court, Judge: Jensen, Filed On: August 23, 2023, Case #: 2023SD45, Categories: Administrative Law, Covid-19
J. McFadden finds that the trial court improperly denied the individual's motion to dismiss a breach of contract action brought by the company. The original action was dismissed without prejudice after the company failed to appear at a hearing on its motion for summary judgment. The instant action was filed as a second complaint after the four-year statute of limitation had already run out. The statute prevented the company from filing the complaint as a renewal action because the first complaint was dismissed for want of prosecution. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: August 23, 2023, Case #: A23A0830, Categories: Civil Procedure, Contract
J. Chehardy finds that the trial court should not have dismissed with prejudice a voter's objection to a candidate for a district council seat. In this case, a Louisiana Department of Revenue representative testified that the candidate's 2018 tax return could not be found despite evidence from his employer that he had received taxable income for the 2018 tax year. Therefore, the candidate falsely certified that he filed his tax returns for each of the last five years when he signed his Notice of Candidacy. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: August 23, 2023, Case #: 23-CA-411, Categories: Elections, Evidence
J. Joyce finds the post-conviction court properly denied relief to defendant, convicted of drug offenses. “Given that petitioner has admitted that he was guilty of the substantive crime, the validity of his convictions cannot be affected by any antecedent constitutional infirmity of the police’s search because his convictions do not rest in any way on evidence that may have been improperly seized; instead, his convictions rest on his guilty plea.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: August 23, 2023, Case #: A175317, Categories: Drug Offender, Evidence, Sentencing
J. Lawson denies the home health care and hospice company's motion to dismiss an action brought by the relator under the False Claims Act and Anti-Kickback statute. The relator claims the company, which operates more than 300 home health care agencies across the nation, admitted ineligible patients for care and billed Medicare for excessive or medically unnecessary services. The relator also alleges the company compensated a doctor for falsifying patient certification forms and fired her for voicing concerns. The relator alleged sufficient facts to support the claims that the company and its subsidiary submitted false claims for payment.
Court: USDC Middle District of Georgia, Judge: Lawson, Filed On: August 23, 2023, Case #: 7:21cv17, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Medicare, False Claims
J. Neeley finds the trial court properly appointed the Texas Department of Family and Protective Services as sole managing conservator of the child, declining to appoint the mother. After the mother randomly left Nevada, her state of residence, taking the child to Texas and leaving it at a hospital, saying that she “needed a break,” the investigation revealed that the mother was under the controlling “spell” of a man with involvement in drugs. The mother would effectively do whatever he told her to do, leading to negligent parenting. All evidence supports the best interest finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: August 23, 2023, Case #: 12-23-00079-CV, Categories: Evidence, Family Law, Guardianship
J. Lagesen finds the trial court erred in committed a woman against her will. “The record contains no evidence that the citation was provided to appellant before the hearing or that appellant’s appointed counsel met with appellant in advance of the hearing.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: August 23, 2023, Case #: A177184, Categories: Evidence, Commitment
J. Stone finds that the trial court properly terminated a father's parental rights to his children. The father did not complete his case plan, repeatedly tested positive for illegal drugs, and was banned from two different mental health programs because he was loud, aggressive, and frightened people. Also, the father is unemployed, does not monetarily support his children, and is habitually drunk. The Department of Children and Family Services allowed the father over a year to complete his case plan before filing for termination. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: August 23, 2023, Case #: 55,335-JAC, Categories: Evidence, Family Law
J. Joyce finds the juvenile court properly calculated child support between parents. “Father has not designated the transcript of those proceedings on appeal,” making his argument “unreviewable.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: August 23, 2023, Case #: A179534, Categories: Family Law
J. Failla denies Amtrak's motion to dismiss patent claims asserting that it infringed the plaintiff company's train traffic control system designed to ensure railway workers are out of the path of incoming train traffic. The asserted patents shall be treated as valid at this stage of litigation because they do not simply describe a process for achieving an abstract end, but modify traditional centralized railroad control systems by dividing control between dispatchers and workers in the field.
Court: USDC Southern District of New York, Judge: Failla, Filed On: August 23, 2023, Case #: 1:22cv5013, NOS: Patent - Property Rights, Categories: Patent
J. Lohier finds that the district court improperly held that accounting errors that led an insurer to restate five years' worth of financial reports constituted misstatements amounting to opinion. The company's method for recognizing revenue on extended warranty contracts and expenses on discretionary employee bonuses was objectively misleading and did not represent an exercise in subjective judgment.
Court: 2nd Circuit, Judge: Lohier, Filed On: August 23, 2023, Case #: 20-1643-cv, Categories: Fraud, Securities, Class Action
Vice Chancellor Will dismisses breach of contract claims brought against employees who went to work for a direct competitor. Under equity agreements containing the purported restrictive covenants, the employees were not barred from working for the competitor, and no mutual mistake had been made to justify equitable rescission.
Court: Delaware Chancery Court, Judge: Will, Filed On: August 23, 2023, Case #: 2023-0546-LWW, Categories: Contract
J. Logue finds the circuit court properly denied defendant's motion to vacate his 2013 felony grand theft conviction and sentence to eight months in jail for violating his probation order. Although a statutory amendment by the Florida legislature downgrading defendant's original criminal actions to a misdemeanor took effect three days before his underlying probation violation conviction in 2019, the circuit court still had jurisdiction to enforce its original probation order from 2013, and defendant's arguments to the contrary fail. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: August 23, 2023, Case #: 23-0238, Categories: Criminal Procedure, Probation, Theft
J. Emas finds the trial court improperly denied the medical providers' motion to intervene in a lawsuit between an insurance company and an insured over a car accident. The medical providers' interest in the lawsuit is direct and immediate enough to qualify for intervention under Florida Law, in part because they have proven they will be denied policy benefits if the insurance company wins a judgment against the insureds. The case is remanded for the trial court to allow them to intervene. Reversed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: August 23, 2023, Case #: 23-0773, Categories: Insurance, Vehicle
J. Kinkeade denies, in part, an individual's motion to dismiss a consulting firm's trade secrets case, in which it claims the individual downloaded its proprietary information upon leaving the company to work for a competitor. The firm has sufficiently alleged its contract claim against him.
Court: USDC Northern District of Texas , Judge: Kinkeade, Filed On: August 23, 2023, Case #: 3:22cv2489, NOS: Other Contract - Contract, Categories: Employment, Trade Secrets, Contract
J. McKeig reverses the Court of Appeals' finding that the repurchase rate of a litigation financing agreement violated Minnesota's usury statute and that interest on the amount owed for that agreement began to accrue only after the Supreme Court's abolition of a prohibition on champerty. The agreement does not fall under the usury statute, since the lender's ability to recover money from the borrower is not absolute. The common-law champerty prohibition, additionally, did not give the borrower a vested contractual right to avoid paying interest. Whether the repurchase rate was "unconscionable on its face" is to be determined by the district court upon remand. Reversed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: August 23, 2023, Case #: A21-1338, Categories: Civil Procedure, Contract
J. Moore affirms the district court's denial of the defendant's petition for postconviction relief without an evidentiary hearing, finding that even if the facts alleged in the defendant's postconviction petition were proven by a preponderance of the evidence at such a hearing, his ineffective-assistance claims would not have succeeded because his appellate counsel could reasonably have concluded that the defendant's disputes would not prevail on appeal.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: August 23, 2023, Case #: A22-1483, Categories: Ineffective Assistance, Murder, Prosecutorial Misconduct