196 results for 'filedAt:"2023-12-20"'.
Per curiam, the appeals court finds the trial court improperly dismissed with prejudice the mold services company's breach of contract lawsuit seeking payment for mold remediation services it provided for the insurance company's insured. The appeals court incorrectly dismissed on grounds that the mold services company's assignment agreement with the insured charged an unlawful administrative fee, as the nature of the fee, namely whether it was clerical or for a supervisor at the job site, is a factual dispute that needs to be resolved. The case is remanded for the trial court to determine whether the disputed fee counts as an administrative fee. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: December 20, 2023, Case #: 23-0240, Categories: Insurance, Contract
J. Land denies the employee's motion for default judgment as to the company in an employment retaliation action alleging violations of the Fair Labor Standards Act for failure to pay overtime but grants the motion with respect to the security company. The employee only properly served the amended complaint on the security company at the time of the motion for default judgment. The employee is entitled to a $24,000 judgment plus $800 in costs.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: December 20, 2023, Case #: 4:23cv47, NOS: Fair Labor Standards Act - Labor, Categories: Employment Retaliation, Labor
J. Whitney denies a nails business’s motion to stay litigation following allegations of patent infringement brought by a pedicure spa chair company. The company claims the nails business contributed to patent infringement when it purchased a particular chair model from a third party in Texas, which it sued five months previous to the current suit for similar reasons. The nails business agreed to be bound by the final outcome of the Texas case, not “any outcome,” as it argues here. Because the Texas case has not resolved and to the similarity of the cases, it is inappropriate to grant a stay.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: December 20, 2023, Case #: 3:23cv533, NOS: Patent - Property Rights, Categories: Corporations, Patent, Business Practices
J. Hiraoka finds the lower court improperly denied reconsideration on the default of a lease as requested by a Department of Hawaiian Home Lands lessee because the order cancelling his lease was served by regular mail rather than first class mail. The court did not hold an evidentiary hearing to confirm when the lessee had actually received the document. The appeal was therefore timely, as it had been filed within the timeframe counting from when the lessee actually received the order, months after it was initially filed. Vacated.
Court: Hawai'i Court Of Appeals, Judge: Hiraoka, Filed On: December 20, 2023, Case #: CAAP-20-434, Categories: Property, Due Process, Foreclosure
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J. Danilson finds that defendant was properly convicted of first-degree robbery for stealing handbags from women at gunpoint on two separate occasions because defendant failed to preserve error on claims challenging the admissibility of photo lineups. Affirmed.
Court: Iowa Court Of Appeals, Judge: Danilson, Filed On: December 20, 2023, Case #: 22-1641, Categories: Robbery, Identification
J. Chicchelly finds that a father's parental rights were properly terminated due to mental health issues and charges contending he sexually abused his girlfriend's daughter, as well as failures to maintain consistent visitations and stable housing. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: December 20, 2023, Case #: 23-1644, Categories: Family Law
Per curiam, the Seventh Circuit finds that the lower court properly dismissed the confined prisoner's civil rights suit challenging his 16-year incarceration under the Sexually Violent Persons Commitment Act. The prisoner must wait until he receives a favorable termination of his civil commitment before seeking relief for his allegedly excessively long confinement. Affirmed.
Court: 7th Circuit, Judge: Per curiam, Filed On: December 20, 2023, Case #: 23-1757, Categories: Constitution, Prisoners' Rights
J. Windhorst finds that the trial court properly granted a mother's motion to obtain court approval to move the parties' children. The mother established that she does not have family in the New Orleans area and moved there on a temporary basis for the father's medical residency program. The mother testified that she wants to move to Florida where her parents and other family live because her financial opportunities would improve, and she would have a family support system. Further, the children would have the opportunity to attend excellent preschools in the area. Also, there was evidence of the father's inability to abide by the parties' visitation schedule and the instability of his life due to moving around the country for his medical residency. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: December 20, 2023, Case #: 23-CA-311, Categories: Evidence, Family Law
J. Brown finds that the district court properly dismissed a patient's action against a hospital regarding the patient being injured while attempting to sit in a waiting room wheeled chair. A hospital worker testified that the chair had been placed in the corner of the room near the front desk sometime in 2011 and was not moved. Further, there were no incidents with the chair before or after the alleged fall, and the patient was inconsistent in his statements regarding the placement of the chair. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: December 20, 2023, Case #: 2023-CA-0180, Categories: Evidence, Negligence
J. Robinson finds that the trial court properly dismissed some of a landowner's claims against a mineral leaseholder related to significant postproduction of oil and gas well costs charged against a mineral royalty. In this case, one of the well operator's charges for postproductions costs are not permitted deductions because the charges were not incurred from an unaffiliated third party since, at the time, the well operator was a lease holder affiliate. Therefore, there is a genuine issue of material fact concerning the beneficial interest element of the charges. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Robinson , Filed On: December 20, 2023, Case #: 55,301-CA, Categories: Energy, Evidence, Contract
J. Lobrano finds that the trial court properly granted a neighbor's exception of acquisitive prescription and fixed the boundary line along the disputed fence between the property owner and the neighbor. There was testimony from the parties' predecessors that the wooden fence did not move, and that when a fence was replaced, the same holes from the posts were used. Further, a postal worker testified that he recalled the fence being in the same position from 1982. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Lobrano , Filed On: December 20, 2023, Case #: 2023-CA-0332, Categories: Evidence, Property
[Consolidated] J. Kamins finds the trial court erred in allowing evidence gathered from defendant’s backpack after police searched it without a warrant or a valid exception to the warrant requirement. “Police may not search a nonarrested vehicle passenger’s property if it clearly belongs to the passenger, is within the passenger’s control, and no independent facts connect it to the arrestee.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: December 20, 2023, Case #: A177992, Categories: Evidence, Search, Identity Theft
Per curiam, the appellate division finds that the lower court improperly denied CVS's motion to dismiss defamation claims stemming from its decision to ban a customer from its pharmacies for stealing newspapers. The allegation that the customer was stealing constitutes an allegation of a serious crimes, and the words need not be set in quotation marks to state a cause of action. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 20, 2023, Case #: 06515, Categories: Defamation
J. Schlegel finds that defendant was properly convicted of indecent behavior with a juvenile under the age of thirteen. Defendant's motion to admit evidence of prior false allegations of sex abuse was properly denied. Defendant did not show that the victim's allegations against others were false, and there was no independent witness to testify that the allegations were false. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: December 20, 2023, Case #: 23-KA-90, Categories: Evidence, Sex Offender
J. Theofanis grants Amazon's petition for mandamus relief in a personal injury case brought by a vehicle passenger injured after a collision with a van delivering packages for the company. The trial court denied Amazon's motion to dismiss the passenger's complaint as time-barred. The passenger's claims that Amazon withheld information to allow the two-year limitations to expire are not supported because Amazon had no legal requirement to produce documentation relating to the crash. Furthermore, because the limitations on his claims have expired, Amazon is entitled to have the claims dismissed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: December 20, 2023, Case #: 03-23-00634-CV, Categories: Tort, Vehicle, Damages
J. Badding finds that an employee was properly allowed to pursue workers' compensation claims concerning a back injury because Hormel admitted the injury was work-related, which judicially estopped the employer from denying liability for the alternate-care application. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: December 20, 2023, Case #: 23-0212, Categories: Workers' Compensation
J. Tjoflat finds that the district court properly convicted defendants of drug offenses including possession with intent to distribute five kilograms or more of cocaine on a vessel subject to the jurisdiction of the United States. The district court correctly denied defendants' motions to dismiss the indictment for lack of jurisdiction. Cameroon validly waived jurisdiction over defendants' prosecutions. The district court also correctly denied defendant's motion to suppress evidence including evidence of cocaine found on board the vessel and defendant's statement after arriving in the United States. There was reasonable suspicion that the vessel was engaged in illegal activity. Affirmed.
Court: 11th Circuit, Judge: Tjoflat, Filed On: December 20, 2023, Case #: 21-12702, Categories: Drug Offender, Search, Jurisdiction