124 results for 'filedAt:"2023-10-06"'.
[Consolidated.] J. Mawla finds that the trial court improperly held that property damage adjusters violated state licensing law on grounds that contracts failed to include proper language about customer rights and costs to the insured. The state banking commissioner misinterpreted state law to allow cancellation of contracts with public adjusters at any time, while the law requires all adjuster contracts to contain lists of services to be rendered. Reversed in part.
Court: New Jersey Appellate Division, Judge: Mawla, Filed On: October 6, 2023, Case #: A-3422-21, Categories: Licensing, Banking / Lending, Contract
Per curiam, the appellate division finds that the trial court improperly convicted defendant of criminal possession of stolen property after he was found with merchandise stolen from mall stores. The traffic stop was unlawful because deputies did not have reason to suspect that vehicle occupants committed a crime, and defendant was not visible in live surveillance video of the theft. Meanwhile, using another store's bag to hold merchandise constitutes innocuous behavior. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 6, 2023, Case #: KA 22-00490, Categories: Evidence, Search, Theft
J. Cassel finds the Nebraska Department of Natural Resources properly dismissed the resources district and a citizens group’s objections to the Platte to Republican Basin High Flow Diversion Project’s application seeking to divert surface water from an over-appropriated river. The groups’ allegations do not demonstrate that they have or will suffer an injury in fact, and so they fail to establish standing. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel, Filed On: October 6, 2023, Case #: S-23-028, Categories: Environment, Water, Agency
J. Ecker finds the trial court properly ruled in favor of the home health care company on claims of tortious interference with a contract against its competitor. Statements made by the competitor's executive during litigation against a state agency regarding implementation of a new billing system were verifiably false and allowed the competitor to poach more than 80 clients when the home health care company's contract was terminated by the agency. Repeated statements from an executive that his company did not plan to implement the new billing system and would not poach clients also allowed the home health care company to prove damages in excess of $118,000 based on lost clients. Affirmed.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: October 6, 2023, Case #: SC20642, Categories: Fraud, Health Care, Interference With Contract
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J. Flaux finds a lower court properly dismissed a Russian oligarch's motion to lift freezing orders against a bank. The Russian oligarch argued that he is entitled to delay fraud allegations until the outcome of similar claims brought by a British lender. However, the lenders sufficiently showed that the oligarch's motion may be a ploy to escape facing similar claims in the English court. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Flaux, Filed On: October 6, 2023, Case #: CA-2023-464, Categories: Fraud, Jurisdiction, Banking / Lending
J. Loken finds a lower court properly sentenced a defendant to 120 months in prison for being a felon in possession of two fully loaded firearms. The defendant argued that the lower court improperly applied a four- level enhancement to his sentence. However, the government sufficiently showed in court that he used his weapon in a separate felony crime. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: October 6, 2023, Case #: 22-3294, Categories: Firearms, Sentencing
J. Tharp partially grants a group of logistics workers’ motion for class certification against their employer, a trucking company. Workers from several of the company’s facilities claim they were illegally made to work without pay before the start and after the end of their shifts, and were subject to automatic time deductions for lunch breaks they should have been paid for. The court, after getting into the composition of the proposed class, allows only workers from the company’s Baltimore, New Orleans and Woodland, California, to join the class.
Court: USDC Northern District of Illinois, Judge: Tharp, Filed On: October 6, 2023, Case #: 1:20cv7711, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Transportation, Labor
J. Teeter denies a military fuel can manufacturer's motion for court costs concerning infringement claims brought by a no- spill gas can maker. The no- spill products maker sufficiently showed in court that the military fuel can manufacturer is not entitled to court costs based on its non-prevailing status in a "split- judgment case."
Court: USDC Kansas, Judge: Teeter, Filed On: October 6, 2023, Case #: 2:22cv2420, NOS: Patent - Property Rights, Categories: Patent, Damages
J. Frimpong denies in part the city's motion for summary judgment regarding an individual's allegations of excessive force and false arrest. Officers went to the individual's home for a welfare check after the Veterans Crisis Hotline informed them that the individual was considering committing suicide. The individual told officers he was “OK” and asked them to leave seven times. The individual started to call 911 and the officers handcuffed him. He asked officers to change the handcuff position because he was in pain from a preexisting injury; they refused. There are disputed issues of material fact regarding the individual’s unlawful detention, excessive force and violation of due process claims. The officers are not entitled to qualified immunity because “no reasonable officer could believe that there was probable cause for the detention.”
Court: USDC Central District of California, Judge: Frimpong, Filed On: October 6, 2023, Case #: 2:20cv7439, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Gonzalez dismisses a putative securities fraud class action against a lithium-ion battery recycling and recovery company, plus its former officers and directors, alleging it made false and materially misleading statements its IPO documentation, specifically statements regarding the revenue it received from one of its supposed customers, who was later revealed in a report published by a short seller to be a broker that was providing financing. The court finds the complaint fails to specify with adequate granularity which statements the company made in its IPO documentation that were false or misleading. The court grants the litigants permission to file a motion for leave to amend.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: October 6, 2023, Case #: 1:22cv2222, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Class Action
J. Zilly grants the participants and beneficiaries’ motion to certify class, which will include any member who invested funds in the Profit Sharing and Retirement Plan. The class representative, class counsel and local counsel are appointed by the court, ordering the parties 21 days to submit a joint status report.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: October 6, 2023, Case #: 2:22cv37, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Class Action
[Consolidated.] J. Watkins adopts the opinion of the Georgia Supreme Court with respect to a portion of the estate administrator's cross-appeal of an action brought by the company and therefore finds that the trial court improperly denied the estate administrator's motion to exclude portions of an investigating officer's testimony and a Georgia State Patrol report. Vacated.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: October 6, 2023, Case #: A21A1269, Categories: Civil Procedure
Per curiam, the appellate division finds that the trial court properly convicted defendant of second-degree asphyxiation murder of her 16-month-old son because testimony of previous abuse controverted the theory that the victim's death was medically related. Meanwhile, ineffective assistance claims lack merit, and defendant failed to preserve certain arguments. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 6, 2023, Case #: KA 22-00187, Categories: Evidence, Ineffective Assistance, Murder
J. Bock finds the trial court properly allowed testimony during defendant's assault case concerning his retreat into his home during the altercation with the victim. None of the testimony or jury instructions mentioned anything about a duty to retreat that could have influenced the jury. Furthermore, defendant's decision to escalate the argument with the victim several times by first retrieving a gun from his home and then re-engaging after things had settled down disproved his theory of self-defense. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: October 6, 2023, Case #: 2023-Ohio-3641, Categories: Evidence, Assault, Self Defense
J. Wozniak finds the trial court improperly granted summary judgment in favor of the property owner for time barred statute of limitations and the right to assert the defense in this foreclosure case. “Holding that parties’ modification agreement ‘clearly waived’ the defense and counterclaim and to now permit their assertion would ‘frustrate the explicit terms’ of that agreement.” Reversed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: October 6, 2023, Case #: 6D23-401, Categories: Property, Foreclosure
Per curiam, the appellate division finds that the trial court properly dismissed claims contending a cardiologist failed to properly diagnose and treat the decedent's myocardial infarction because the cardiologist was not properly served within 120 days of the complaint, and he was not an employee of the company that owned the medical center. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 6, 2023, Case #: CA 22-01294, Categories: Civil Procedure, Medical Malpractice
J. Jones finds that the trial court properly and improperly ruled in an attorney fees case filed by a law firm against a company. On appeal, the company argues that the trial court’s award of damages to the firm was improper because the company cannot be held liable for such fees and its owner cannot be held liable for damages because she was not a client of the firm. According to state law, limited liability companies cannot have attorney fees issued against them; therefore, the trial court erred in issuing its sanctions in this case. However, under the theory of piercing the corporate veil, the company's owner may be held liable for damages to the firm. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: October 6, 2023, Case #: 03-21-00260-CV, Categories: Corporations, Damages, Attorney Fees
J. Higginson finds the bankruptcy court properly denied the law firm’s motion to dismiss the adversary proceeding seeking to recover a transfer of the $1 million insurance policy proceeds already received by the firm and its client. The family of one of two individuals killed in a collision with a tractor owned by the debtor filed suit against the debtor, with the other family making a successful Stowers demand, through the law firm, for the $1 million limit of the policy. The debtor’s equitable interest in the insurance proceeds, allowed in “limited circumstances” such that the proceeds can be classified as property, are unaffected by the pre-petition transfer. A transfer of the debtor’s property has been properly alleged. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: October 6, 2023, Case #: 23-40125, Categories: Bankruptcy, Insurance, Property