187 results for 'filedAt:"2023-05-24"'.
J. Barrett finds the trial court improperly dismissed the wife’s divorce, paternity and child custody complaint for lack of subject matter jurisdiction. The parents are legal, seasonal migrant workers and Mexican citizens. The circuit court had entered an order for emergency custody on allegations that the husband had left the children alone in a hot car while he worked, intending to abscond with them. Arkansas is not the family’s legal home, though it is uncontroverted that the children have not lived in Mexico for six consecutive months for the past two years and were not living in Mexico when this case was initiated. The circuit court failed to determine if Mexico or any other state was a home state for the children. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: May 24, 2023, Case #: CV-22-641, Categories: Family Law, Immigration, International Law
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J. Bokor finds in favor of the insurance company in the property manager's lawsuit over delayed coverage for damages its condo complex suffered from Hurricane Irma in 2017. The re-hearing the property manager requests so it can pursue more pre-judgment interest in addition to the summary judgment motion it was granted affirming an appraisal award, as well as attorney fees and other costs it has already won, must be denied, as the terms of its policy do not support the idea that the insurance company violated the policy by failing to respond to its proofs of loss within 30 days. Affirmed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 24, 2023, Case #: 22-0102, Categories: Insurance, Contract
J. Johnson finds that the district court should not have dismissed an injured driver's claims against the defendant driver's insurer. There are genuine issues on whether the insurer waived its affirmative defenses as to coverage because the driver submitted evidence to show that the insurer accepted liability for the accident in an email. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 24, 2023, Case #: 22-CA-370, Categories: Evidence, Insurance, Tort
J. O'Leary finds the trial court properly ruled in favor of Kia in this suit alleging an auto defect. Though the court rejected Kia’s excuses for withholding certain documents, it did not find that it intentionally concealed them. It was appropriate to refuse to instruct the jury that Kia had concealed evidence. The auto customer forfeits the issue, misrepresenting to the California Court of Appeals that the trial court in fact found concealment. Also, Kia’s paralegal, who verified discovery requests and whose testimony was excluded, had no helpful knowledge for the jury. The customer made no timely objection to the size of the jury room and thus waived the objection that the jurors felt rushed. Affirmed.
Court: California Courts Of Appeal, Judge: O’Leary , Filed On: May 24, 2023, Case #: G060912, Categories: Evidence, Jury, Product Liability
J. Bruggink declines to dismiss this pre-award bid protest for a contract to provide medical services to illegal immigrants held in ICE facilities because one of the disqualified companies had been excluded from competing for the bid despite registering properly.
Court: Court of Federal Claims, Judge: Bruggink, Filed On: May 24, 2023, Case #: 23-47C, Categories: Contract
J. Melgren grants a class of elderly residents' motion for class certification for fair housing violations and warranty of habitability, but denied their motion for injunctive relief. The class sufficiently showed that a retirement center failed to remedy bed- bug infestations, decaying rodents, and mold.
Court: USDC Kansas, Judge: Melgren, Filed On: May 24, 2023, Case #: 2:22cv2047, NOS: Housing/Accommodations - Civil Rights, Categories: Housing, Class Action, Contract
J. Wright grants the city's motion for summary judgment regarding an individual's allegations of unlawful seizure, unlawful arrest, false arrest and intentional infliction of emotional distress following her arrest in a case of mistaken identity. The individual was released after it became clear that she was not the subject of the warrant. "The arresting officers here were not unreasonable in believing that Farber was the true warrant subject at the time of the arrest." The individual's "uncorroborated protests of innocence and misidentification, in the face of all other information confirming her as the Warrant’s subject, did not trigger a duty to investigate further."
Court: USDC Central District of California, Judge: Wright, Filed On: May 24, 2023, Case #: 2:22cv1173, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Scarsi denies an insurance company's motion to dismiss for lack of jurisdiction an insured's breach of contract and fraud claims after her monthly premiums for her mortgage disability policy increased. The insured alleges that by paying the improperly increased premiums, she paid her policy in full by 2018. The insurer informed the insured that it had cancelled her policy retroactively as of 2011. The parties are completely diverse, the insurer has not established that the jurisdictional threshold has been satisfied and have not shown that the amount in controversy likely exceeds $75,000.
Court: USDC Central District of California, Judge: Scarsi, Filed On: May 24, 2023, Case #: 2:23cv1413, NOS: Insurance - Contract, Categories: Fraud, Insurance, Contract
J. van Cleef finds that the trial court properly terminated the father's parental rights to his daughter based on sufficient evidence to support the best interest finding. The evidence showed the father was not able to meet the child's needs due to his lack of stability, income or a home. Affirmed.
Court: Texas Courts of Appeals, Judge: van Cleef, Filed On: May 24, 2023, Case #: 06-23-00016-CV, Categories: Evidence, Family Law
J. Hudson reinstates attorney Rachel Toberman to the practice of law following her 2012 suspension for failing to communicate with clients, return a client file and cooperate with a disciplinary investigation, along with engaging in a conflict of interest and making false statements during a disciplinary investigation.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: May 24, 2023, Case #: A22-0424, Categories: Attorney Discipline
J. May finds that the trial court improperly convicted defendant of engaging in sexual misconduct with a patient because the victim did not meet the criteria to be defined as a "patient" under state statute. Reversed.
Court: Florida Courts Of Appeal, Judge: May, Filed On: May 24, 2023, Case #: 4D22-538, Categories: Sex Offender
J. Gerber finds that the trial court improperly ruled in this divorce settlement because the husband was denied the opportunity to present arguments regarding the wife's alimony requests. Reversed.
Court: Florida Courts Of Appeal, Judge: Gerber, Filed On: May 24, 2023, Case #: 4D23-412, Categories: Family Law
J. Montenegro grants a San Diego County Board of Supervisors' motion to dismiss a registered voter's lawsuit seeking to decertify the November 2020 elections results and to require California to stop using any electronic election machines. The voter lacks standing as she has not shown that she has suffered a concrete injury. She does not specifically allege that she voted in any of the three elections challenged in the complaint and only alleges a general grievance about the voting system, which is insufficient to establish standing under Article III.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: May 24, 2023, Case #: 3:22cv1651, NOS: Voting - Civil Rights, Categories: Elections
J. Melloy finds a lower court improperly remanded class claims of deceptive marketing practices against Walmart to State court concerning the sale of a cough suppressant with a "non- drowsy" label. The class of consumers argued that the case should be remanded to state court because the amount in controversy did not exceed $5 million. However, Walmart sufficiently showed in court that the amount exceeds the jurisdictional requirement under the Class Action Fairness Act. Reversed.
Court: 8th Circuit, Judge: Melloy, Filed On: May 24, 2023, Case #: 23-1381, Categories: Consumer Law, Jurisdiction, Class Action
J. Buller finds that a mother's parental rights were properly terminated because she had been unwilling to engage in mental health services and apathetic about raising her child. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: May 24, 2023, Case #: 23-0262, Categories: Family Law
J. Carlyle finds that the lower court properly denied the corporate appellant's dismissal motion in this health care liability case. The suit arises from the alleged death of a patient following an "elective plastic surgery." The corporate appellant failed to timely object "to the expert report's sufficiency regarding appellees' ostensible-agency theory." Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: May 24, 2023, Case #: 05-22-01275-CV, Categories: Health Care, Experts
J. Schumacher finds that a mother's parental rights were properly terminated since the children had been the subject of more than 50 assessments and at least seven sets of founded child abuse reports for denial of critical care. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: May 24, 2023, Case #: 23-0292, Categories: Family Law
J. Wicker finds that the trial court should not have denied the state's rule for child support and medical support filed against a father because the father and mother were still married. Statute allows the state to take action to obtain an order of support without the necessity of divorce proceedings. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: May 24, 2023, Case #: 22-CA-566, Categories: Family Law, Contract
J. Baldwin finds the lower court properly named the father sole residential parent of the couple's child. The lower court considered all required factors and was in the best position to determine the credibility of witnesses, including family members, family services employees and other individuals involved with the case. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: May 24, 2023, Case #: 2023-Ohio-1756, Categories: Evidence, Family Law
J. Ahlers finds that the city was improperly granted summary judgment in claims brought after plaintiff slipped on the end of a diving board at a city swimming pool because an issue of material fact exists as to whether the diving board lacked a slip-resistant surface. Reversed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: May 24, 2023, Case #: 22-0917, Categories: Negligence