234 results for 'filedAt:"2023-09-27"'.
Per curiam, the Appeals Court finds the Employment Appeals Board erred by upholding an employer’s denial of unemployment compensation to an employee who was fired after refusing to receive a Covid-19 vaccination due to sincerely held religious beliefs. The state concedes the judgment “is not supported by substantial evidence or substantial reason.” Reversed.
Court: Oregon Court of Appeals, Judge: Per curiam, Filed On: September 27, 2023, Case #: A178681, Categories: Employment, Covid-19
J. Chutich finds that the appeals court improperly overturned the trial court's ruling in favor of the individual in a defamation action brought by the dance teacher after the individual made a Facebook post accusing him and two other instructors of sexual assault. The appeals court incorrectly found that the individual's post involved a matter of private concern. The post involved a matter of public concern in the context of the #MeToo movement and a desire to discuss sexual assault in the local dance community, therefore the individual's statement is entitled to heightened protection under the First Amendment. The case is remanded for the trial court to determine the veracity of the post and, if the post is found to be false, whether it was made with actual malice. Reversed.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: September 27, 2023, Case #: A21-1531, Categories: Defamation, First Amendment
J. Pedersen denies the father's motion for rehearing but withdraws the court's prior opinion in this case regarding possession and child support. Certain provisions should be deleted from the underlying modification order, and the "damages related to two telephones" should be deleted from the enforcement order. The father is also entitled to partial mandamus relief, specifically as to certain alleged violations regarding "medical child support." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: September 27, 2023, Case #: 05-20-00338-CV, Categories: Civil Procedure, Family Law
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Weissmann finds that the trial court properly expunged juvenile delinquency records but declined to expunge child welfare records concerning a four-year stretch in which plaintiff, now 23, molested his sisters beginning when he was 10 years old. Affirmed.
Court: Indiana Court Of Appeals, Judge: Weissmann, Filed On: September 27, 2023, Case #: 23A-XP-636, Categories: Juvenile Law
J. Blake denies a chiropractic practice’s motion for summary judgment following insurance fraud claims brought by State Farm. Allegedly, the practice billed for its own standard of treatment by reporting the same patient conditions, treatment plans and results for each person instead of individualized treatment even though their medical records stated otherwise. The practice did this between 2006-2016. State Farm initially investigated the practice in 2013 but failed to find evidence of fraud. They investigated again in 2015 and did find such evidence. The practice argues that because evidence of fraud was present in 2013 but State Farm didn’t find it, when State Farm initiated this suit in 2018, it should have been time-barred. But since State Farm did not find fraud until 2015, its 2018 suit is not barred. There is still room for reasonable disagreement, so summary judgment cannot be granted at this stage.
Court: USDC Maryland, Judge: Blake, Filed On: September 27, 2023, Case #: 1:18cv1279, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Insurance, Contract
J. Cogburn grants a police officer’s motion for summary judgment in a suit brought against him by a driver alleging he used excessive force after he pulled her over for suspected drunk driving. Although the officer applied a breathalyzer and field sobriety tests, which were positive for alcohol content, the charges of driving while impaired and reckless driving were dropped. When he tried to arrest her for drunk driving, she refused until he used an arm-bar takedown technique to get her on the ground to handcuff her. The driver claims she suffered multiple injuries as a result, including herniation of spinal discs, a black eye, and cuts and bruises all over her face, breasts, legs, and back. Although the driver invokes her Fourth and Eighth Amendment rights, they fail in the face of the officer’s state sovereign and qualified immunities.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: September 27, 2023, Case #: 1:21cv166, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Tort
J. Cox finds that the trial court should not have denied an insurer's motion for summary judgment on a homeowner's claim that he was run over by the insured's employee who was driving to the house to perform painting work. In this case, the insurance policy specifically excludes coverage of any incident resulting in bodily injury that arises from the use or operation of a vehicle, regardless of who owned or operated the vehicle. Reversed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: September 27, 2023, Case #: 55,167-CW, Categories: Insurance, Contract
J. Walker finds that the lower court improperly awarded the petitioner $55,000 in attorney fees pursuant to a statutory lien. The attorney could not claim a lien on the settlement proceeds because the plaintiffs did not hire him to represent them. Reversed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: September 27, 2023, Case #: 211323, Categories: Tort, Attorney Fees
J. Pagan finds the trial court erred by determining that a discovery letter, when considered in the context of other information, provided sufficient notice. “Defendant’s presumed awareness of the state’s intention to rely on the interviews did not relieve state of its express statutory obligation to provide timely notice of the state’s intention to offer the statement and the particulars of the statement.” Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: September 27, 2023, Case #: A174920, Categories: Evidence
Per curiam, the Supreme Court of Ohio grants, in part, an individual's motion for a writ of mandamus, ruling he is entitled to camera footage and other public records the warden failed to provide and that are not exempt from disclosure under the Ohio Public Records Act. Additionally, the warden's failure to provide the public records and his improper responses to the initial requests entitles him to $3,000 in statutory damages.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 27, 2023, Case #: 2023-Ohio-3399, Categories: Public Record, Damages
J. Houston grants a third-party insurance company's motion to dismiss fiduciary duty claims brought by a Homeland Security agent who allegedly threatened a civilian with a gun while off duty. The insurance company's actions of "referring the agent to defense attorneys and paying any legal bill that was subject to a later policy coverage determination on whether he was acting in the course and scope of his employment was within the normal course and scope of the insurer-insured relationship," and did not create a fiduciary relationship. The agent's claims that the insurer breached its duties is adequately redressed by a claim alleging bad faith rather than a fiduciary duty claim.
Court: USDC Southern District of California, Judge: Houston, Filed On: September 27, 2023, Case #: 3:18cv1012, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Insurance, Fiduciary Duty, Contract
J. Hicks grants the community college administrators' motion to dismiss this civil rights complaint brought by a professor alleging that the administrators sought to discipline, retaliate and punish him after he voiced concerns about the lowering of curriculum standards and the deterioration of shared governance. The administrators are shielded by qualified immunity because the professor has failed to allege a constitutional violation of the Equal Protection Clause.
Court: USDC Nevada, Judge: Hicks , Filed On: September 27, 2023, Case #: 3:22cv45, NOS: Other Civil Rights - Civil Rights, Categories: Education, Immunity, Equal Protection
Vice Chancellor Zurn finds that claims seeking reformation of a sales contract should be dismissed because the actual agreement is reflected in the written text, not the buyer's expectations to profit from the purchase or to break even at worst. However, reformation may remain possible for the buyer under fraud counterclaims.
Court: Delaware Chancery Court, Judge: Zurn, Filed On: September 27, 2023, Case #: 2022-0727-MTZ, Categories: Fraud, Contract
J. Cox finds that defendant was properly convicted of first degree vehicular negligent injuring and hit-and-run driving resulting in death or serious bodily injury. In this case, defendant admitted that he was driving the car that hit the victim and that he was drunk at the time. The victim testified that she witnessed defendant's car speeding and swerving, and at one point, saw him run off the side of the road. Further, the arresting officer testified that defendant was so drunk that he stumbled getting out of his vehicle and was unable to safely perform a field sobriety test. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: September 27, 2023, Case #: 55,262-KA, Categories: Evidence, Vehicle
J. Thrash denies the organization's motion for a preliminary injunction in a civil rights action against the foundation alleging that the foundation's contest to award grants to Black woman-owned small businesses unfairly excludes the organization's non-Black members on the basis of their race. The organization failed to show a clear likelihood of success on the merits of its claim because the First Amendment may bar the claim. The contest does not appear to be an affirmative action program which would fit under an exception to section 1981 of the Civil Rights Act.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: September 27, 2023, Case #: 1:23cv3424, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Injunction
J. Pagan finds the parole board properly denied effort by defendant, who was convicted of aggravated murder, to convert his confinement to life imprisonment with the possibility of parole. “The board’s order is supported by substantial evidence and substantial reason.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: September 27, 2023, Case #: A177497, Categories: Evidence, Murder, Parole
J. Peterson denies the insurance company summary judgment regarding the insureds' bad faith claim that the insurance company did not act reasonably in the eight months it took to resolve the insureds' insurance coverage claim. Both parties present competing evidence that does not conclusively prove whether the insurance company made unreasonable delays when investigating the claim.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: September 27, 2023, Case #: 2:22cv159, NOS: Insurance - Contract, Categories: Insurance, Contract
[Modified.] J. Bamattre-Manoukian modifies several paragraphs and footnotes in a foreclosure case with no change in judgment. The trial court improperly held that claim preclusion barred borrowers' lawsuit for wrongful foreclosure and related causes. The federal rule that the second of two voluntary dismissals without prejudice by a plaintiff constitutes a final judgment on the merits does not apply to subsequent state court actions on state law claims. However, borrowers lacked standing to pursue a wrongful foreclosure claim on the basis of a defective deed assignment since the defect made the assignment voidable but did not void the foreclosure. Affirmed.
Court: California Courts Of Appeal, Judge: Bamattre-Manoukian, Filed On: September 27, 2023, Case #: H049324, Categories: Banking / Lending