171 results for 'filedAt:"2023-11-15"'.
J. Murphy finds the trial court properly modified its custody order from sole custody of the children with the father to joint custody with the out-of-state mother. The father was hostile towards the mother and had attempted to interfere with the children's visitation with her. Though certain of the minor children were found to be socially awkward, with few or no friends due the father's homeschooling them, the court weighed this against concerns of removing the children from their home of nine years and from their father and siblings. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: November 15, 2023, Case #: CV-21-414, Categories: Family Law, Guardianship
J. Brown finds the circuit court properly terminated the mother's parental rights. The child was originally removed after the mother was arrested for several drug offenses while driving under the influence with the child in the vehicle, unrestrained. The mother only partially complied during the pendency of the case, tested positive for drugs and had at least four other arrests. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: November 15, 2023, Case #: CV-23-359, Categories: Evidence, Family Law, Guardianship
J. Hixson finds the trial court properly divided property in a divorce case and awarded the marital home to the wife. Though the husband says the property was jointly owned pursuant to a written agreement, it was not mentioned in the pre-nuptial agreement nor identified in exhibits attached to the agreement. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: November 15, 2023, Case #: CV-22-742, Categories: Evidence, Family Law, Property
J. Virden finds the Board of Review properly upheld the appeal tribunal's decision the recipient must repay almost $16,000 in unemployment and pandemic assistance benefits. The overpayment was a result of the agency's receiving insufficient information to determine the recipient's last place of work, not due to agency error. The recipient also fails to satisfy her unemployment-waiver analysis. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: November 15, 2023, Case #: E-22-457, Categories: Employment, Evidence, Covid-19
J. Perret finds that the trial court properly denied the factoring company's motion for judgment notwithstanding the verdict after it was awarded no damages in its suit over unpaid invoices. There was no error in the jury instructions since they were "adequate and did not mislead the jurors in any way from reaching a verdict based on the law and facts." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perret, Filed On: November 15, 2023, Case #: CA-23-101, Categories: Civil Procedure, Jury, Contract
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J. Lie affirms the trial court conclusion that a husband was not legally bound by a 2010 wedding in India, which was followed in 2013 by a civil ceremony in Chicago. He was not domiciled there, did not voluntarily submit to be bound by the Indian Hindu Marriage Act of 1955 and the marriage there was never registered. Affirmed.
Court: California Courts Of Appeal, Judge: Lie, Filed On: November 15, 2023, Case #: H050105, Categories: Family Law
J. Cox finds that the trial court properly determined that a real estate agent, who was also acting as the seller of the property, was liable as the agent but not as the seller on homebuyers' claim for misrepresenting property repairs in a real estate transaction. There was no evidence of water intrusion because repairs were done after the last flood event. Therefore, it would have taken more than a simple inspection to ensure the previous work was sufficient to protect the home against water intrusions. The agent breached his duty to provide correct information to the buyers when he made a disclosure that he knew was not accurate because he had actual knowledge of each water intrusion and the remedies performed. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: November 15, 2023, Case #: 55,317-CA, Categories: Evidence, Property
J. Stephens finds that the workers' compensation judge properly denied a worker's claim that he experienced a sudden onset of pain in both hands and wrists while lifting carts off pallets at work. The worker did not introduce expert medical testimony in the form of properly certified medical records or any evidence which showed he was disabled from CTS or his cervical spinal condition. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: November 15, 2023, Case #: 55,313-WCA, Categories: Evidence, Workers' Compensation
J. Ortega finds the trial court properly denied defendant's motion for a judgment of acquittal (MJOA) on one count of fourth-degree assault, maintaining that the evidence was insufficient to prove the physical-injury element for the purpose of his conviction. Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: November 15, 2023, Case #: A176485, Categories: Evidence, Assault
J. Smith grants an assistant principal and athletic director’s individual motions to dismiss in this due process and equal protection rights lawsuit after a girl was attacked by another student on the school bus. Her parent alleges the child was grabbed and pushed back into a seat, forcing her head into the seat and punched in the face by the assistant principal after child bit him on the arm; the parent also asserts both the assistant principal and athletic director deprived her minor of her rights. The assistant principal says he was protecting himself when bitten by the girl, so the court dismisses the excessive corporal punishment claim. The parent failed to state a procedural due process rights violation claim.
Court: USDC Northern District of Alabama , Judge: Smith, Filed On: November 15, 2023, Case #: 5:23cv360, NOS: Education - Civil Rights, Categories: Education, Negligence, Due Process
J. Robinson vacates the trial court's determination that the statutes regarding grandparent visitation rights are unconstitutional. In this case, the trial courts did not rule on the merits. The adopted parents of the children lacked standing to challenge the constitutionality of the statutes because the matter regarding the biological grandparents' visitation could still be disposed of on non-constitutional grounds. Vacated.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: November 15, 2023, Case #: 55,433-JAC, Categories: Evidence, Family Law
J. Powers finds the trial court properly determined the record was sufficient to conclude appellant had a mental illness such that she was unable to provide for her basic needs. Evidence showed that “appellant, if released on the day of the hearing, would have been at a nonspeculative risk of serious physical harm in the near future.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: November 15, 2023, Case #: A177733, Categories: Evidence, Commitment
J. Hellman finds the trial court erred by determining that the statutory requirements for an SPO were satisfied. “Even though the message unequivocally detailed serious personal violence—DS’s murder at her workplace the next day—an imminent threat must convey that serious personal violence is ‘impending,’ ‘near at hand,’ or ‘menacingly near.’” Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: November 15, 2023, Case #: A179952, Categories: Restraining Order, Identity Theft
J. Ortega finds the trial court properly sentenced defendant, convicted of two counts of first-degree robbery, to two 90-month prison sentences. “Despite the minimal value of the stolen property, bringing, showing, and threatening to attack the store owner with a shuckle or knife made defendant’s offenses more dangerous, providing support for more severe penalties.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: November 15, 2023, Case #: A177075, Categories: Robbery, Sentencing
J. Hellman finds the trial court properly held a husband in contempt for failing to comply with two provisions of the general judgment of dissolution. “Husband had not carried his burden to establish that affirmative defense.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: November 15, 2023, Case #: A178379, Categories: Family Law
J. Gleason grants a seafood processing company's motion for summary judgment regarding employees' allegations that it violated the Fair Labor Standards Act, the Portal-to-Portal Act and the Alaska Wage and Hour Act by failing to pay overtime during the peak of the Covid-19 pandemic, when employees were restricted to company property and visitors were limited. Because the employees were not actually working during their waiting time, they are not entitled to overtime for waiting time or sleep time.
Court: USDC Alaska, Judge: Gleason, Filed On: November 15, 2023, Case #: 3:22cv155, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Covid-19
J. Nye denies cabin owners' motion to alter a judgment to include post-judgment interest regarding negligence claims brought after their cabin burned to the ground. The owners allege an HOA employee lit the pilot light of an outdoor refrigerator after the cabin owner had re-stained the decks, leading to the fire. A jury found in favor of the cabin owners, but found the owners were contributorily negligent for the fire because they had, by their own admission, applied too much stain to the deck. Post-judgment interest will accrue as a matter of law, therefore there is no need to alter the judgment.
Court: USDC Alaska, Judge: Nye, Filed On: November 15, 2023, Case #: 1:19cv267, NOS: All Other Real Property - Real Property, Categories: Real Estate, Negligence
J. Lewison finds a lower court properly ruled in favor of the attorney general on a fiduciary trustee's challenge of its application of charitable funds. The fiduciary trustee argued that the funds should be held in charitable trusts. However, the attorney general provided sufficient evidence in court that the funds should be applied to decrease the national debt. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: November 15, 2023, Case #: CA-2023-851, Categories: Government, Trusts, Fiduciary Duty
J. Shah denies an online health care supply shop’s motion to dismiss an ADA suit brought by one of the shop’s prospective customers. The customer, who is blind, claims the shop’s website is not properly configured for blind users who use a screen reader to access online content. The court finds the customer has sufficiently alleged most of these claims to survive dismissal, and similarly finds that factual disputes would make dismissal premature regardless.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: November 15, 2023, Case #: 1:22cv5915, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Commerce, Ada / Rehabilitation Act, Business Practices
J. Bernal denies General Motors' motion to dismiss a consumer's allegations that GM falsely claimed the Chevrolet Bolt was safe and functional, when they knew of battery defects that led to a recall notice "stating that its batteries may ignite when nearing a full charge" and warning that mileage should not fall below 70 miles remaining and the vehicle should not be parked indoors overnight due to battery defects. The consumer alleges that GM had a duty to disclose that the battery was unsafe at the time of purchase and that if he had known of these defects, he would not have bought the car. The consumer is granted leave to amend his fraud claims, therefore GM's motion to dismiss is denied as moot.
Court: USDC Central District of California, Judge: Bernal, Filed On: November 15, 2023, Case #: 5:23cv1715, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Product Liability