79 results for 'filedAt:"2023-11-06"'.
J. Halpern finds for the commissioner of internal revenue in this tax liability dispute related to a charity deduction for an easement because the company undervalued the easement and is entitled to assessed penalties.
Court: U.S. Tax Court, Judge: Halpern, Filed On: November 6, 2023, Case #: 2023-133, Categories: Tax
J. Whelan finds in favor of the insurance company for breach of covenant of good faith and fair dealing brought by an insured physician. The insurer's determination of how the physician became disabled is supported by five physicians. A genuine dispute exists as to the origin of the physician's disability, so the insurer is not liable for bad faith even though it might be liable for breach of contract.
Court: USDC Southern District of California, Judge: Whelan, Filed On: November 6, 2023, Case #: 3:22cv767, NOS: Insurance - Contract, Categories: Insurance, Contract
Per curiam, the Fifth Circuit declines to remove the Board of Immigration Appeals’ affirmation of an immigration judge’s order to remove a Tanzanian citizen for committing domestic assault and battery by strangulation. The petitioner was properly found removable because he was convicted for a violent offense. He did not challenge the judge’s conclusion that he failed to meet the deadline to apply for asylum on appeal to the board, and that challenge is unexhausted. Immigration judges are not required to provide advance notice of necessary corroborating evidence or to grant a continuance to obtain the evidence.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 6, 2023, Case #: 22-60573, Categories: Immigration, Assault, Due Process
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Per curiam, the Fifth Circuit finds the district court improperly imposed sanctions on the college’s counsel during the underlying, already-settled sexual harassment case brought by the former employee of the college. Arising from discovery disagreements, the court ordered all counsel to read Dondi, the Texas Lawyer’s Creed and the Texas Disciplinary Rules of Professional Conduct, and to certify this via affidavit. The attorneys filed unsworn declarations rather than affidavits and all had a $250 sanction imposed. The district court did not make findings of bad faith and has misconstrued the federal law that permits counsel to file an unsworn declaration as a substitute for an affidavit. Reversed and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 6, 2023, Case #: 23-10397, Categories: Sanctions, Attorney Discipline
J. Pappert grants Philadelphia’s motion for summary judgment against a citizen who alleged, pro se, various constitutional violations arising from the city’s sale of his property. The litigant failed to state a claim for relief.
Court: USDC Eastern District of Pennsylvania, Judge: Pappert, Filed On: November 6, 2023, Case #: 2:19cv5088, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Property
J. Vitter grants a Texas-based corporation’s motion to dismiss, for lack of jurisdiction, a breach of contract suit filed by a Louisiana businessowner who alleges he paid $55,000 for services to his web-based Amazon ecommerce store. The Texas business’s limited contacts with Louisiana do not satisfy jurisdictional requirements. The contractual dispute is ordered to arbitration as requested by the Texas corporation.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: November 6, 2023, Case #: 2:23cv3847, NOS: Other Contract - Contract, Categories: Arbitration, Jurisdiction, Contract
J. McDonough denies the former employees' motion for class certification in this putative class action asserting claims under Title VII and the Religious Freedom Restoration Act. The court previously dismissed their claim under the RFRA. The employees' remaining claim alleges a failure to accommodate their religious beliefs in connection with a vaccine mandate. However, they fail to show that "the class is so numerous that joinder of all members is impracticable."
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: November 6, 2023, Case #: 3:22cv426, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Class Action
J. Jackson-Akiwumi finds that the lower court properly dismissed a securities fraud suit alleging that a proxy statement disclosing the terms of a merger contained materially misleading statements. The proxy statement contained all required disclosures, and the shareholders cannot save their claims by arguing that the disclosures were not emphasized enough. Affirmed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: November 6, 2023, Case #: 21-3234, Categories: Fraud, Securities
J. Rothstein grants the homeowner's motion to remand her complaint alleging that the energy company's water heater and natural gas fuel caused a fire that severely burned her, killed her mother and several pets, and rendered the home a total loss. The homeowner sufficiently states that her case belongs in Washington state court because she does not press any federal claims, she does not have to prove a federal tariff standard to prevail on her negligence claim, and there is no substantial federal question that needs to be resolved for her claims.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: November 6, 2023, Case #: 2:23cv1237, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Property, Negligence, Jurisdiction
J. Hutchison reverses the lower court's final order reversing the West Virginia Public Employees Grievance Board's decision denying the two sign language interpreters' grievance, and finding they are full-time special education teachers qualified to receive a 2019 pay increase. The interpreters' grievance is mooted by the 2021 law approving teacher pay increases at the determination of the state schools superintendent, and the judge misinterpreted the Board's 2014 decision that the interpreters are classified as "professional personnel" and not "teachers." Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: November 6, 2023, Case #: 21-0831, Categories: Administrative Law, Education, Government
J. Elliott grants summary judgment in favor of a lawyer who was sued by a prior client for failing to let the client know about an extension the IRS granted him. The prior client’s claims are barred by the statute of limitations, because even though he had not been aware of the extension, he was able to have become aware of it.
Court: USDC New Hampshire, Judge: Elliott, Filed On: November 6, 2023, Case #: 1:22cv3, NOS: Other Statutory Actions - Other Suits, Categories: Bankruptcy, Tax, Legal Malpractice
J. Readler finds the trial court properly classified defendant as a career offender when it sentenced him on drug convictions. His previous sentences were imposed for similar crimes that involved separate arrests and could not be combined under sentencing guidelines to count as a single offense. Affirmed.
Court: 6th Circuit, Judge: Readler, Filed On: November 6, 2023, Case #: 22-5837, Categories: Drug Offender, Sentencing
J. Suarez finds the mother's arrest on several felony charges, along with her failure to report incidents of domestic violence involving her boyfriend, gave the lower court a legitimate reason to terminate her parental rights, especially considering she failed to complete other aspects of her case plan, including drug rehabilitation services. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: November 6, 2023, Case #: AC46330, Categories: Evidence, Family Law
Per curiam, the Supreme Judicial Court of Massachusetts affirms the denial, without a hearing, of two trustees’ petition for extraordinary relief. They were previously told by a judge that in order to have a criminal warrant made against a man, who sued the trustees in a land court case and then refused to identify all real estate in which he holds an interest, the trustees need to provide a memorandum detailing the grounds and authority the court has to issue such a warrant, which the trustees have not done.
Court: Massachusetts Supreme Court, Judge: Per curiam, Filed On: November 6, 2023, Case #: SJC-13424, Categories: Real Estate, Trusts, Due Process
J. Byrne finds the failure by defendant's attorney to make an insanity defense during his community control revocation hearing did not constitute ineffective assistance of counsel. Not only was there no evidence defendant was legally insane at the time he misused prescription drugs, he also fully admitted to the control violation and accepted responsibility for his actions. Meanwhile, the trial court's proper consideration of all required factors, including recidivism and the seriousness of defendant's initial assault offense, allowed for the imposition of an indefinite sentence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: November 6, 2023, Case #: 2023-Ohio-4022, Categories: Ineffective Assistance, Sentencing, Assault
J. Bumb declines to distribute funds to a hotel company in claims contending the insurer failed to distribute settlement claims stemming from two fires due to municipal liens against the properties. Granting the motion would preempt the overall resolution of claims disputing the validity of liens filed against Atlantic City, and evidence does not indicate counsel fees and costs have priority over municipal liens.
Court: USDC New Jersey, Judge: Bumb , Filed On: November 6, 2023, Case #: 1:19cv16339, NOS: Other Contract - Contract, Categories: Insurance, Property, Settlements
J. DeGravelles denies requests by the suburban Louisiana city of Baker and its mayor to dismiss certain civil rights claims submitted by a food truck operator who alleges the city denied her the ability to operate a legal business by refusing to issue her a business permit. The city and the mayor have not offered any argument opposing the business owner’s claim for punitive damages against the mayor in his individual capacity. However, she concedes that the mayor cannot be sued for damages in his official capacity. She is given time to amend deficiencies in her suit.
Court: USDC Middle District of Louisiana, Judge: DeGravalles, Filed On: November 6, 2023, Case #: 3:23cv193, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Damages, Business Practices
J. Bonilla finds for the U.S. in claims brought by a veteran who had been administratively separated because the veteran was found guilty of conduct unbecoming an officer for posting nude and sexually explicit photos and videos of himself with women other than his wife on "several adult websites."
Court: Court of Federal Claims, Judge: Bonilla, Filed On: November 6, 2023, Case #: 21-1994C, Categories: Veterans, Military
J. Whipple finds a lower court properly dismissed an Indian national's bid to remain in the U.K. The native of India, who works as a self- employed consultant, argued that he is entitled to reside in the U.K. for the sake of his "private life." However, the Secretary of State for the Home Department presented sufficient evidence in court that he ran a sham technology company. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Whipple, Filed On: November 6, 2023, Case #: CA-2022-894, Categories: Employment, Fraud, Immigration
J. Eckerstrom finds a lower court properly ruled in favor of a city on a civilian's assault and battery claims, but erred in denying the civilian's motion for sanctions. The city argued that police officers detained him for being intoxicated and naked below the waist in close proximity to a public park and a school. However, the civilian presented sufficient evidence in court that the city improperly introduced results of a hospital drug screen test before it obtained permission to do so. Reversed in part.
Court: Arizona Court Of Appeals Division Two, Judge: Eckerstrom, Filed On: November 6, 2023, Case #: 2 CA-CV 2022-67, Categories: Civil Rights, Evidence, Assault
Per curiam, the Fifth Circuit finds the trial court properly sentenced defendant for being a felon in possession of a firearm. Since the possession charge was in relation to a drug trafficking offense, guidelines require courts to use sentencing guidelines for the drug offense. Though defendant says the court improperly used the gross weight of pills containing meth in a mixture, guidelines for meth require that the court use either the gross weight of the mixture or the specific weight of the drug, whichever is greater. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 6, 2023, Case #: 22-50857, Categories: Drug Offender, Firearms, Sentencing
J. Biggs grants summary judgment to Rockingham County, a deputy sheriff and three paramedics who were sued for wrongful death by the family of a man who died of cardiac arrest at home after refusing the EMTs’ advice that he go to the hospital to treat his fever, low oxygen level and heightened respiratory rate. They properly determined he was alert and of sound mind when he repeatedly refused their assistance, so their behavior was not negligent, and the suing family did not bring an expert to testify to a medical malpractice claim. Additionally, the claim against the deputy is barred by public official immunity.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: November 6, 2023, Case #: 1:21cv95, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Wrongful Death, Medical Malpractice
J. Frisch grants a writ of prohibition requested by the attorneys of a woman who accused former Minnesota Vikings player Dalvin Cook of domestic assault, which would preclude enforcement of a discovery order compelling the disclosure of information which they assert is protected by attorney-client privilege and the work-product doctrine. The district court abused its discretion in finding that the attorneys' decision to share their final civil complaint with the press before filing it in court resulted waiver of those privileges.
Court: Minnesota Court Of Appeals, Judge: Frisch, Filed On: November 6, 2023, Case #: A23-0309, Categories: Discovery, Privilege, Assault