156 results for 'filedAt:"2023-10-04"'.
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J. Egan finds the trial court erred by denying defendant’s motion to suppress evidence discovered during a traffic stop that was used to convict him of DUII. “Momentary and minor deviation[s]” onto a fog line are not a violation. Reversed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: October 4, 2023, Case #: A177542, Categories: Evidence, Dui
J. Aoyagi finds the trial court erred when it compared only the monetary terms of the judgment and offer in conducting its analysis and did not account for a nonmonetary term of the judgment. On remand, the court should conduct the necessary proceedings and determine whether the judgment as a whole is more or less favorable to the individual than the van seller's pre-arbitration offer. Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: October 4, 2023, Case #: A177639, Categories: Arbitration
Per curiam, the appellate division finds that the lower court properly denied the defendant's business's motion to dismiss a subrogation action alleging it is responsible for fire damage to real property owned by the insured due to its negligence storage of fuel nearby. A material dispute remains as to whether the business was responsible for causing the fire. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 4, 2023, Case #: 04995, Categories: Insurance, Negligence
J. Harrison finds the Arkansas Workers’ Compensation Commission properly reversed the opinion of the administrative law judge, finding that the employee had proven entitlement to additional medical treatment and additional temporary total disability benefits. The employee injured her knee by stepping in a hole while picking up litter, and medical records show that she had a preexisting condition that was aggravated by the admittedly compensable injury. The state transportation department fails to challenge this, and substantial evidence supports the commission’s decision. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison, Filed On: October 4, 2023, Case #: CV-22-687, Categories: Evidence, Health Care, Workers' Compensation
J. Gruber dismisses this appeal of the circuit court’s dismissal of the owner’s appeal of a “final administrative decision” of the city council denying his request to rezone his real property. The property had been used as residential apartments, and the owner had been issued occupation licenses yearly even though the property was zoned as a highway commercial district. After his request was denied, he was allowed to continue nonconforming use of the property. The record demonstrates that the owner failed to exhaust administrative remedies, which leaves the circuit court and the court of appeals without subject matter jurisdiction. Dismissed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: October 4, 2023, Case #: CV-21-549, Categories: Municipal Law, Property, Zoning
J. Abramson finds the circuit court properly denied the inmate convicted for criminal mischief and aggravated assault’s petition for postconviction relief. Though defendant was acquitted on a second count of assault, and the jury deadlocked on a murder charge, defendant entered a negotiated guilty plea to murder. Defendant admittedly shot the victim multiple times, hitting him with every shot, immediately fleeing at a speed that caused him to nearly run over a police officer and sent his car airborne, crashing on top of a police vehicle. Defendant’s self-defense argument has been rejected. The postconviction proceeding is civil in nature and appointment of counsel is discretionary. There is no civil rights violation. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: October 4, 2023, Case #: CR-22-548, Categories: Murder, Assault, Plea
Per curiam, the Fifth Circuit finds district court improperly granted summary judgment in favor of Union Pacific in this Federal Employers Liability Act suit brought by the employee after being diagnosed with asbestosis. Though the court found the lawsuit was untimely under Act’s three-year statute of limitations, tolled by agreement of the parties for one year, questions of fact remain regarding when tolling terminated. Vacated and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 4, 2023, Case #: 22-40791, Categories: Employment, Due Process, Premises Liability
J. Lagesen finds the trial court properly dismissed negligence claims by a firefighter who was severely injured while fighting the Sugar Pine Fire when his dozer went over a cliff. Because the firefighter "has a remedy for an injury under the Workers’ Compensation Act, the application to preclude tort remedies against third-party state employees does not violate the remedy clause.”
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: October 4, 2023, Case #: A174313, Categories: Employment, Negligence, Workers' Compensation
J. Murphy finds the circuit court properly terminated the mother’s parental rights to her five minor children. The department exercised emergency custody of the children after their mother left them alone so that she could scrap her vehicle for money. She then used meth, which resulted in her discharge from a temporary shelter. The record supports the best interest finding and does not show any clear error in the court’s finding that the children would be at risk of potential harm if returned to the mother. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy, Filed On: October 4, 2023, Case #: CV-23-163, Categories: Evidence, Family Law, Guardianship
J. Winmill grants in part the government's motion for summary judgment in a property dispute with business owners. The government alleges that the couple has erected tepees, tents, a tent pad, a boat house, railings into the water, a hammock, shower, plumbing and electrical equipment and facilities, a boat ramp, dock, gazebo, and fence on property that is owned by the US government without permission. The couple is proceeding pro se, but their business cannot appear without representation, therefore the company has yet to appear. The government has shown that the couple has constructed encroachments on government land, including a fence which restricts access to that land, which they refuse to remove.
Court: USDC Idaho, Judge: Winmill, Filed On: October 4, 2023, Case #: 2:22cv439, NOS: Torts to Land - Real Property, Categories: Real Estate, Tort
J. Kuntz finds that the trial court properly declined to dismiss third-party negligence claims related to a murder committed by a homeless who had been provided a hotel voucher. The city is not entitled to sovereign immunity on the hotel's indemnification claim since the parties had entered a valid contract at the time of the incident. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Kuntz, Filed On: October 4, 2023, Case #: 4D2023-0380, Categories: Immunity, Negligence, Indemnification
J. Roberts finds that the trial court improperly dismissed charges accusing defendant, a meat processor, of selling native venison meat because the ban on doing so supersedes the right to place a lien on personal property in the event customers pay for services rendered. Reversed.
Court: Florida Courts Of Appeal, Judge: Roberts, Filed On: October 4, 2023, Case #: 1D22-71, Categories: Property
J. Stiles finds that the workers' compensation judge properly awarded the employee indemnity benefits and the recommended surgery for his knee stemming from a job-related accident. The evidence supports the finding that the requested treatment was medically necessary and that the employee was not terminated for cause. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: October 4, 2023, Case #: WCA-23-48, Categories: Employment, Workers' Compensation
J. Stiles finds that defendant was properly given a 30-year sentence on his conviction for vehicular homicide over a fatal crash involving a pedestrian. The record shows that the trial court appropriately considered the aggravating circumstances and mitigating factors in imposing the sentence. Also, the sentence was not excessive since the mandatory fine was not imposed, and seven years of the sentence were suspended, while only the first three would be served without probation, parole or suspension. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: October 4, 2023, Case #: KA-23-162, Categories: Sentencing, Dui, Vehicular Homicide
J. Whelan mostly grants the county's motion to dismiss civil rights claims brought by a civilian who says that a group of police officers in an unmarked vehicle yanked him from his car in a line at a drive thru prescription pickup, handcuffed him, and then pointed their guns in his face without prior explanation. The civilian fails to show that the officers' conduct was because of his race, nor does he identify any specific county policies that led to the deprivation of his rights. However, the civilian's Bane Act claim can continue against one officer based on the officer's alleged use of excessive force.
Court: USDC Southern District of California, Judge: Whelan, Filed On: October 4, 2023, Case #: 3:23cv823, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Equal Protection, Police Misconduct
J. Loken finds a lower court properly sentenced a defendant to 44 months in prison after a grand jury convicted him for forcible assault of a federal officer. The defendant argued that the lower court erred in applying a two- level increase for bodily injury to a police officer from the Bureau of Indian Affairs. However, the government presented sufficient evidence in court that the defendant had a tribal arrest warrant at the time of the incident. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: October 4, 2023, Case #: 22-2969, Categories: Sentencing, Assault