98 results for 'filedAt:"2023-10-03"'.
J. Gratton finds the lower court should not have Idaho’s motion in limine based on the similarities between a provision of Idaho Code and another of Spokane Municipal Code. Both laws prohibit lewd sexual conduct in public, and the laws do not need to be highly similar for a court to grant a motion in limine. As a result the misdemeanor will be enhanced to a felony. Reversed.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: October 3, 2023, Case #: 49823, Categories: Public Indecency
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J. Black grants the nursing students' motion for final class certification and approval of their settlement with the university, ruling class requirements are met because all of the students' claims deal with similar sets of facts related to the university's refusal to refund lab and clinical fees when portions of the curriculum were canceled during the Covid-19 pandemic. Therefore, the $750,000 settlement award is approved, while the class's motion for attorney fees will also be granted in the amount of $250,000.
Court: USDC Southern District of Ohio, Judge: Black, Filed On: October 3, 2023, Case #: 1:20cv539, NOS: Other Contract - Contract, Categories: Education, Settlements, Contract
J. Conley grants summary judgment to the university management board and university officials in a pro se lawsuit from a Black man who, at age 68, claims he was discriminated against for his race and age by being denied a University of Wisconsin faculty position he applied for. The evidence in the record shows no discrimination in denying the man's application, instead showing that it was purely problems with his application and lack of relevant experience that informed the officials' decision.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: October 3, 2023, Case #: 3:20cv175, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination
J. Eagles issues a pre-filing injunction against a social security recipient who has abused the court over the years with multiple frivolous suits, even against court order. The recipient insists a mental health provider charged unreasonable fees for its services and wrongly withheld his benefits. He has sued the provider eight times with no success. This order enjoins and prohibits him from filing suit regarding this matter again unless given permission by the court.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: October 3, 2023, Case #: 1:23mc40, NOS: Miscellaneous Cases - Other Suits, Categories: Injunction
J. Goodwin grants the home loan financing company’s motion for judgment on the pleadings in a Mingo County homeowner’s suit claiming the company financed the deceptive sale of a solar panel system that was not properly installed and provided him no benefit. Absent some details on how it shared in the profits with the now-defunct contractor that installed the solar panels on the home, the court finds the company did not conspire with its partners to conceal the terms of their agreements and could not foresee any potential misconduct by the contractor.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: October 3, 2023, Case #: 2:23cv84, NOS: Other Contract - Contract, Categories: Energy, Fraud, Contract
J. Block, in a rare ruling, awards a former Bronx Community College substitute athletic manager $75,000 in attorney fees despite a jury finding that he failed to prove that he was wrongfully terminated after receiving allegations of sexual harassment from a female athlete and awarded him $1 in nominal damages for his due process claims. The court finds the unique circumstances regarding his claims warranted the extraordinary award, most notably on the basis that CUNY mooted an arbitration proceeding which ultimately deprived him of his liberty interest in clearing his name from the underlying accusations.
Court: USDC Eastern District of New York, Judge: Block, Filed On: October 3, 2023, Case #: 1:19cv480, NOS: Other Civil Rights - Civil Rights, Categories: Arbitration, Employment, Attorney Fees
J. Watkins finds the probate court correctly ruled against the citizens trying to claim themselves as heirs to the estate of a man who allegedly had an extramarital affair with their mother. In part because of contradictions in the evidence and a lack of DNA testing, the citizens have not shown by "clear and convincing proof" that they are the man's children, and the probate court's order stands. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: October 3, 2023, Case #: A23A0827, Categories: Evidence, Wills / Probate
J. Samour finds a criminal defendant is not entitled to a jury trial on the recidivist portion of the sex offender registry statute, which is merely a sentence enhancement required to be proven to the trial court by a preponderance of the evidence. Affirmed.
Court: Colorado Supreme Court, Judge: Samour, Filed On: October 3, 2023, Case #: 2023CO51, Categories: Sentencing, Sex Offender
[Consolidated.] J. Brown finds that the district court properly found for a tax sale purchaser, recognizing it as the 100% owner of the parties' disputed property. In this case, the tax sale purchaser admitted a certified copy of the tax sale certificate that reflected ownership of the property. Further, the original owner's claim that she initiated redemption of the property when she entered into a bankruptcy plan and made payments through that plan was not supported by evidence. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: October 3, 2023, Case #: 2023-CA-0104, Categories: Evidence, Property
Vice Chancellor Glasscock finds that a company controller breached fiduciary duties by driving through an unfair transaction as related to an indemnification claim that benefited shareholders. However, damages should not be awarded because the coerced settlement price of $10 million for the release of the claim was fair.
Court: Delaware Chancery Court, Judge: Glasscock, Filed On: October 3, 2023, Case #: 2017-0486-SG, Categories: Damages, Fiduciary Duty
J. Kennedy finds that the lower court properly awarded possession of the premises to the landlord in this forcible detainer action. The tenants failed to preserve their issue regarding "the amount of time they were given to present evidence at trial." They also failed to challenge the notice they were provided. Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: October 3, 2023, Case #: 05-22-00171-CV, Categories: Civil Procedure, Landlord Tenant
[Consolidated.] J. Arterburn finds the trial court properly convicted defendant by no contest plea for flight to avoid arrest, obstructing a peace officer, failure to appear on bond in another case, and to criminal mischief and domestic assault. Even if defendant’s claims of ineffective assistance were true, he was still not prejudiced by counsel’s performance. New charges which defendant says counsel failed to investigate were not considered by the court. The court considered defendant’s age, mentality, past criminal record and other relevant factors fully, noting that he had a lengthy criminal history and a history of failing to appear in court. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: October 3, 2023, Case #: A-22-910, Categories: Assault, Obstruction, Escape
Per curiam, the circuit finds the lower court properly dismissed the homeowners' tort claims against the federal government for property damage sustained after the failure of the Edenville Dam. The Federal Power Act shifts all liability onto the operators and licensees of hydroelectric power plants and, therefore, the government was entitled to sovereign immunity. Affirmed.
Court: 6th Circuit, Judge: Per curiam, Filed On: October 3, 2023, Case #: 22-1590, Categories: Energy, Property, Immunity
J. Carluzzo finds that the taxpayers presented inadequate substantiation for many expenses. Therefore, the taxpayers are liable for the additions to tax and that the accuracy related penalty include both their negligence and their substantial understatement of income tax for the subject year.
Court: U.S. Tax Court, Judge: Carluzzo, Filed On: October 3, 2023, Case #: 2023-30, Categories: Tax
J. Ashe grants summary judgment to a Chevrolet dealership, dismissing the age discrimination claims of a 62-year-old service manager who was fired and replaced by a 41-year-old employee he trained for the position. The older worker had 14 years of managerial experience and he was certified as a master mechanic, unlike his younger replacement, who had two years of experience as service manager and no comparable training as a mechanic. However, the younger manager supervised more employees and had twice the vehicle repair volume and twice the revenues. The fact that the older manager had unrequired certifications does not in itself prove that he was clearly better qualified. He has simply not met his burden of proving that no reasonable person could have chosen the younger manager over him.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: October 3, 2023, Case #: 2:22cv1145, NOS: Employment - Civil Rights, Categories: Evidence, Business Practices, Employment Discrimination
J. Collins finds that the district court properly granted summary judgment to the Swinomish Indian Tribal Community, Tulalip Tribes and Upper Skagit Indian Tribe in a long-running case regarding Indian fishing rights in certain waters in Washington state. The Swinomish Tribe met their burden to show that there was no evidence in the record of historical fishing by the Lummi Nation in the disputed waters. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: October 3, 2023, Case #: 21-35812, Categories: Evidence, Native Americans, Water
J. McGrath refuses to stay the execution of defendant’s sentence for felony criminal mischief, such as for threatening to arrest a judge and prosecutors. The lower court properly determined this man is a threat to his community. Denied.
Court: Montana Supreme Court, Judge: McGrath, Filed On: October 3, 2023, Case #: DA 23-0100, Categories: Sentencing
J. Wright denies a made-to-measure clothing franchisor's motions to alter or amend the judgment after the court awarded rescission and punitive damages to a franchisee in a contract dispute. The franchisee alleged fraudulent misrepresentation and breach of contract, and filed suit to confirm rescission of the franchise agreement. The franchisor was sanctioned for discovery misconduct during the proceedings, and its counsel withdrew, leading the court to grant default judgment to the franchisee and awarded rescission. The judgment is not erroneous and does not violate due process.
Court: USDC Central District of California, Judge: Wright, Filed On: October 3, 2023, Case #: 2:19cv9090, NOS: Franchise - Contract, Categories: Fraud, Contract