133 results for 'filedAt:"2023-08-29"'.
J. Hazelrigg finds that the Board of Appeals improperly issued an order finding that a nurse financially exploited a vulnerable adult after the daughter accused the nurse of stealing some of her elderly mother's pain medication. A hearing that followed the allegations was mostly centered around the credibility of the nurse and the daughter, and led to an administrative law judge finding in the nurse's favor. The Board of Appeals' decision to reverse that decision was improper, as it did not give due regard to the administrative law judge's ability to observe witnesses. Reversed.
Court: Washington Court Of Appeals, Judge: Hazelrigg, Filed On: August 29, 2023, Case #: 84709-1-I, Categories: Civil Procedure, Elder Abuse
J. Powell grants the defendant's petition for a writ prohibiting the lower court from taking any further action in a pending criminal case accusing him of rape. The state waived any argument that defendant failed to properly invoke his speedy trial rights, so the Interstate Agreement on Detainers mandates the dismissal of his case after the court failed to conduct a trial within 180 days of his request. Affirmed.
Court: Missouri Supreme Court, Judge: Powell, Filed On: August 29, 2023, Case #: SC99949, Categories: Sex Offender, Speedy Trial
J. Marbley grants the parties' motion for approval of their settlement, ruling evidence produced during discovery, including payroll records from the towing company, indicates the former employees are likely to succeed on their fair labor claims, which makes the proposed payments for overtime reasonable and likely to conclude the dispute.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: August 29, 2023, Case #: 2:22cv1948, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Labor
J. Sutton finds that the commission properly awarded the employee $4600 in partial disability benefits but denied her claim for $30,000 to pay her medical bills after admitting evidence that her employer already paid her medical bills. The commission properly admitted this evidence and found the employer's checks to be credible evidence that it already paid the bills for which the employee sought coverage. Affirmed.
Court: Missouri Court Of Appeals, Judge: Sutton, Filed On: August 29, 2023, Case #: WD86109, Categories: Workers' Compensation
J. Briccetti partially denies the city's motion to dismiss civil rights claims stemming from an incident where a police car crashed into a man while he was riding his motorcycle, then unlawfully searched the man's backpack while he was unconscious. The man plausibly alleges the officer invaded the man's reasonable expectation of privacy in his backpack without reasonable suspicion. However, he fails to plausibly allege a malicious prosecution claim.
Court: USDC Southern District of New York, Judge: Briccetti, Filed On: August 29, 2023, Case #: 7:22cv4450, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Privacy, Police Misconduct
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J. Palermo denies a swim school's motion for judgment as a matter of law in a competitor's trade dress case, during which a jury awarded the competitor $187,000 in disgorged profits after finding the swim school infringed upon the competitor's trade dress. Sufficient evidence supports the jury's findings, and the competitor is also entitled to $482,000 in attorney fees.
Court: USDC Southern District of Texas, Judge: Palermo, Filed On: August 29, 2023, Case #: 4:21cv1525, NOS: Trademark - Property Rights, Categories: Trademark, Damages, Attorney Fees
J. Thompson finds that the trial court should not have ordered the return of 49 signatures from the recall petition for the Mayor of Jonesboro from office. In this case, the Registrar of Voters testified that she rejected the 49 signatures for not matching, and plaintiffs did not present independent witness testimony verifying the validity of the signatures. Reversed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: August 29, 2023, Case #: 55,513-CA, Categories: Civil Procedure, Elections
J. Streeter finds that an employee's notice of appeal supported his appeal of the dismissal of his Private Attorneys General Act claim, as well as the preliminary orders before it. The trial court properly found that the state Covid-19 emergency order tolled the limitations period on his Act complaint. But the trial court improperly relied on a federal Act judgment to find that claim preclusion barred the employee's complaint. Reversed in part.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: August 29, 2023, Case #: A163920, Categories: Civil Procedure, Employment
J. Connors finds that the lower court properly entered summary judgment for the appellees in this dispute between neighbors over the right to trim a 100-year-old oak tree. The appellants contend that the lower court should have imposed a duty "to exercise reasonable care," as cutting the "leader" branch would likely injure the tree. However, the neighboring property owners can trim "any part of a non-boundary tree that encroaches onto their property, regardless of how their actions affect the tree." Affirmed.
Court: Maine Supreme Court, Judge: Connors, Filed On: August 29, 2023, Case #: 2023ME59, Categories: Civil Procedure, Real Estate
J. Streeter finds that the trial court must reconsider a motion by employees suing under the Private Attorneys General Act to intervene in a separate Act lawsuit in another court. Mandatory intervention is inapplicable since the movants sought intervention before a settlement was submitted from approval in the separate Act case. But the trial court may grant permissive intervention after considering a motion for a stay and the possibility of exclusive concurrent jurisdiction. Vacated.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: August 29, 2023, Case #: A165320, Categories: Civil Procedure, Employment, Jurisdiction
J. Carter finds for Atlantic Records in a pro se copyright action alleging artists Megan Thee Stallion and Cardi B copied and pasted lyrics from plaintiff's song "Grab Em by the P****" when writing the lyrics for the hit song "WAP." The plaintiff cannot assert copyright protection over common phrases frequently employed in popular culture such as "p**** so wet" or "n****s wild'n." The similarity in the two songs' lyrics is not original to the author, so it cannot be protected by copyright.
Court: USDC Southern District of New York, Judge: Carter, Filed On: August 29, 2023, Case #: 1:22cv893, NOS: Other Civil Rights - Civil Rights, Categories: Copyright
J. Garaufis dismisses false arrest, malicious prosecution and excessive force claims against New York City and a group of city park officers stemming from the arrest of a woman for allegedly operating an illegal food stall in Flushing Meadows Park in Queens. The officers had probable cause to arrest her when she ignored their orders during the altercation. As well, their use of force was permitted after she tried to prevent them from handcuffing her.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: August 29, 2023, Case #: 1:18cv4255, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Police Misconduct
J. Ecker finds the lower court properly upheld the Freedom of Information Commission's order requiring the department of mental health services to provide certain investigative documents to the media outlet. Although the documents were related to a patient, they did not deal with the diagnosis or treatment of any disorder and, therefore, were not exempt from disclosure. The police report requested by the media after the patient's death was not part of the patient's clinical file, and while certain sensitive personal information and names of other patients are required to be redacted, the report is not a privileged communication and was properly disclosed. Affirmed in part.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: August 29, 2023, Case #: SC20686, Categories: Government, Public Record, Privilege
J. Brown finds that the district court should not have dismissed two of the three indictments against defendant and should not have quashed two of the indictments. This court previously determined that defendant, who was convicted of aggravated rape and other offenses, should not have been tried jointly with a co-defendant because the co-defendant was charged with a capital offense, which could only be tried before a jury, and defendant's non-capital offenses could be tried by a judge or jury. When defendant's convictions were reversed, it was based on whether he suffered prejudice in his trial regarding all three alleged victims for the potential Brady violations relating solely to the first victim. Under Boudreaux, the state raised the issue of all three convictions in its assignment of error, and both sides briefed the issue before the Supreme Court granted writs and before oral argument. Therefore, the issue was not abandoned. Vacated.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: August 29, 2023, Case #: 2022-KA-0669, Categories: Criminal Procedure, Sex Offender
J. Weiler finds in favor of the commissioner in this collection due process action for a tax deficiency. The office of appeals did not abuse her discretion and the evidence supports the proposed levy.
Court: U.S. Tax Court, Judge: Weiler, Filed On: August 29, 2023, Case #: 2023-27, Categories: Tax, Due Process
[Consolidated.] J. Chapman finds that the lower court properly denied an injured worker's petition for a writ of mandamus seeking to compel payment of $1.1 million for his medical expenses because his employer was unemployed. The state fulfilled its obligation to pay the worker's medical expenses by negotiating with his medical providers, who agreed to accept $424,000 as payment in full for the outstanding amount due.
Court: Missouri Court Of Appeals, Judge: Chapman, Filed On: August 29, 2023, Case #: WD85719, Categories: Workers' Compensation
J. Rao finds the Securities and Exchange Commission arbitrarily denied a company’s bitcoin fund after recently approving two other bitcoin futures funds for trading. The SEC failed to explain why it treated similar products differently. Vacated.
Court: DC Circuit, Judge: Rao, Filed On: August 29, 2023, Case #: 22-1142 , Categories: Administrative Law, Securities
J. Molloy finds that a property owner defaulted on his mortgage by failing to pay principal and interest when it was due. The lien holder elected to seek the entire principal sum, accrued interest and late fees totaling $712,342. The instant court finds in favor of the lien holder and orders the real estate to be sold, with proceeds going toward satisfaction of the lien.
Court: USDC Virgin Islands, Judge: Molloy, Filed On: August 29, 2023, Case #: 3:21cv2, NOS: Foreclosure - Real Property, Categories: Real Estate, Foreclosure
J. Wood partially grants several European confectionary companies’ motion to dismiss race discrimination and wrongful termination claims brought by a Black former maintenance employee. The Black former employee claims his white supervisor fired him from his job in the companies’ Illinois production facility for no reason other than his race. The court finds the former employee didn’t exhaust all his non-legal options before pursuing his race discrimination Title VII claim, but allows his successor liability claim against the Italian company that bought the Illinois facility from the Swiss company to stand.
Court: USDC Northern District of Illinois, Judge: Wood, Filed On: August 29, 2023, Case #: 1:19cv7119, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Zimmerer finds that the trial court properly denied the city's plea to the jurisdiction in a motorist's suit filed after an auto collision with an officer who was responding to a robbery. The city failed to conclusively establish that the officer acted in good faith, and there is a fact issue as to whether he was reckless. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: August 29, 2023, Case #: 14-21-00761-CV, Categories: Negligence, Jurisdiction
J. Rivas-Molloy finds the lower court properly determined that when a commercial truck driver fell from an elevated railroad track into oncoming traffic on the highway beneath, sustaining injury, he was acting within the course and scope of his employment. The truck driver was making his first delivery, and left his truck while waiting for it to be unloaded to get cash and buy breakfast. En route to the bank and convenience store, he chose to walk across a railroad bridge not constructed for pedestrian traffic, when a train appeared, and blew the truck driver off of the bridge and onto the highway. He seeks workers compensation benefits claiming the fall occurred in the course and scope of his employment, and while the employer’s insurance company argues he deviated from the scope of his employment when he chose to travel on foot via a hazardous route, the instant court finds the employer expects truck drivers to leave their vehicle for food and drink, therefore he was acting within the scope of his employment. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: August 29, 2023, Case #: 01-22-00666-CV, Categories: Insurance, Workers' Compensation
J. Bourliot finds that the trial court properly ruled in favor of the pastor in a case involving a dispute with his former church over the alleged conversion of insurance proceeds. The church's attorney lacked authority to represent it in the suit against the pastor since "the interests of the factions within the church are adverse." Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: August 29, 2023, Case #: 14-22-00028-CV, Categories: Civil Procedure, Tort, Jurisdiction
J. Spain finds that the trial court properly ruled in favor of the passport services business on the individual's claims over its alleged delay in processing documents relating to the requested renunciation of his Indian passport. The individual failed to show the business violated the terms of the contract or prove any "recoverable damages" on the negligence claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 29, 2023, Case #: 14-22-00294-CV, Categories: Damages, Negligence, Contract
J. Landau finds the lower court properly determined that a neighborhood's amended restricted covenants are valid and enforceable. A property owner who leases his property for short-term rentals challenges the enforceability of the neighborhood's amended restricted covenants that changed the minimum residential rental period to 90 days or greater, effectively restricting short-term rentals for periods shorter than 90 days. Because the original scheme of development outlined that the restricted covenants could be amended at any time, the property owner purchased the property with the understanding that the terms could change. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: August 29, 2023, Case #: 01-22-00401-CV, Categories: Property, Real Estate
J. Pregerson grants a media company's motion to dismiss an individual's negligence claim following a data breach in which his email address and login information were accessed. Hackers obtaining the individual's email address and login does not rise to the level of identity theft, and the individual does not show how obtaining his "personal music listening history" is comparable to social security numbers, credit card information or other sensitive personal information. The individual knew that he had not provided any sensitive information when he used the app.
Court: USDC Central District of California, Judge: Pregerson, Filed On: August 29, 2023, Case #: 2:20cv4855, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Tort, Negligence