150 results for 'filedAt:"2023-05-25"'.
J. Casper denies, in part, a software company's motion to dismiss a healthcare company's claims related to a contract to develop electronic medical records. The healthcare company has sufficiently pleaded its claims for breach of contract and breach of the implied covenant
of good faith and fair dealing.
Court: USDC Massachusetts, Judge: Casper, Filed On: May 25, 2023, Case #: 1:22cv11212, NOS: Other Contract - Contract, Categories: Health Care, Contract, Technology
J. Paris finds for the commissioner of internal revenue in this tax deficiency dispute. The taxpayers were not entitled to deduct mileage spent commuting because the work assignment was not temporary and the commute was not a deductible expense.
Court: U.S. Tax Court, Judge: Paris, Filed On: May 25, 2023, Case #: 2023-19, Categories: Tax
J. Wright grants in part six individuals' renewed motion for class certification regarding challenges to the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services' handling and processing of Special Immigrant Juvenile petitions. The numerosity, commonality, typicality and adequacy requirements are satisfied, therefore the class is certifiable for the tolling provisions claim. However, with respect to the missed deadline claim, the commonality requirement is not satisfied
Court: USDC Central District of California, Judge: Wright, Filed On: May 25, 2023, Case #: 2:22cv1510, NOS: Other Statutory Actions - Other Suits, Categories: Immigration, Class Action
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J. Roberts finds that the district court improperly ruled in illegal takings claims because the county's retention of excess funds following the tax sale of plaintiff's condo constituted an illegal taking. Reversed.
Court: US Supreme Court, Judge: Roberts, Filed On: May 25, 2023, Case #: 22-166, Categories: Property
J. Menendez grants the tractor maker's motion for summary judgment in the insurer's twin suits against it alleging that defects in tractors it built without engine side shields in a "special manufacturing year" led two tractors sold to the insurer's insured to catch fire. The lack of side shields was a deliberate choice by the manufacturer, not a manufacturing flaw, nor was it a departure from the intended design despite holes in the frame used for the shields' installation in the prior regular model year. The tractors' warranties therefore are not implicated, since the insurer has not identified a defect to which they apply. The insurer's motion to exclude testimony from the tractor maker's expert is also denied.
Court: USDC Minnesota, Judge: Menendez, Filed On: May 25, 2023, Case #: 0:21cv1200, NOS: Contract Product Liability - Contract, Categories: Product Liability, Experts, Warranty
[Consolidated.] J. Woodrow denies the contractor’s appeals of the Air Force’s denial of compensation costs for a second tensile strength test on a design-build contract for the replacement of a bridge at Joint Base San Antonio, Texas. Due to the late arrival of a concrete truck and the resulting inconsistently cured foundation, a second foundation had to be poured after the destruction of the first. The Air Force properly put the contractor on notice of the need for a second tensile strength test when it commented on the designer’s recommendation, and the test was reasonable and necessary to ensure the bridge deck integrity. The signed final inspection is not equivalent to acceptance.
Court: Armed Services Board Of Contract Appeals, Judge: Woodrow, Filed On: May 25, 2023, Case #: 63353, Categories: Construction, Government, Contract
J. Kleeh grants two West Virginia University School of Nursing professors and three administrators’ motion to dismiss a nurse’s civil rights suit challenging the school’s academic dishonesty policy on constitutional grounds after she was expelled from its Master of Science program. The court finds the university’s polices clearly put the nurse on notice that using outside sources such as Quizlet to complete an examination would be considered cheating, and she was given adequate process to challenge the dishonesty charge against her.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: May 25, 2023, Case #: 1:22cv65, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Health Care
J. Fisher finds that the lower court properly convicted defendant based on his guilty plea to criminal sexual act for having contact with a person passed out from medication and incapable of consent. Defendant claimed his sentence was harsh, but he received the minimum prison term authorized for a violent sex offense, coupled with the longest permitted period of postrelease supervision to ensure extended supervision. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: May 25, 2023, Case #: 111981, Categories: Sentencing, Sex Offender, Plea
J. Groves finds the trial court properly allowed the social worker to testify during defendant's trial on rape charges he believed the victim had been sexually abused because the statements did not speculate about the victim's credibility but were used only to confirm the results of the social worker's investigation. Furthermore, the trial court properly denied defendant's motion for acquittal on the rape charge. Although there was no evidence of physical violence against the victim, his relationship as a pseudo-father and her testimony she was scared he would kill her if she told anyone about the abuse satisfied the element of force. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: May 25, 2023, Case #: 2023-Ohio-1748, Categories: Evidence, Sex Offender
J. Anderson denies the employer defendants' motion to dismiss in part. The employers seek to dismiss the plaintiff plant worker's claim that she was "terminated or constructively discharged" in violation of a state law regarding Covid-19 vaccinations, arguing that the state law is preempted by federal law. However, the employers have failed to "overcome the presumption against preemption."
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: May 25, 2023, Case #: 1:22cv1123, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Preemption
J. Alvord finds the lower court properly granted the estate's motion for summary judgment and disbursed the proceeds of the life insurance policy to the estate. The wife's claim for the proceeds was expressly prohibited under her separation agreement with the decedent. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: May 25, 2023, Case #: AC45565, Categories: Family Law, Wills / Probate
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by possessing a weapon and contraband. A second contraband charge was brought against him after a strip-frisk revealed he possessed synthetic cannabinoids. The inmate's claims that the charges were retaliatory presented a credibility issue resolved by the hearing officer. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 25, 2023, Case #: 535627, Categories: Drug Offender, Weapons, Prisoners' Rights
J. Oing finds that the lower court properly dismissed a shareholder challenge to the acquisition of a Canadian oil company by ExxonMobil. The shareholders failed to dissent in the Canadian proceedings that won an amended transaction and raised the valuation for the acquired company. The contingent resource payment agreement unambiguously provides that only the holder committee can initiate a proceeding to challenge the agreement, so they lack standing to pursue their claims. Affirmed.
Court: New York Appellate Divisions, Judge: Oing, Filed On: May 25, 2023, Case #: 02829, Categories: Securities, Contract
J. DeGravelles denies a request by the Secretary of Louisiana’s Department of Corrections to dismiss experts for three inmates who are suing him personally for unlawfully over-detaining thousands of state prisoners each year since 2012. One expert served as director of state correctional systems at Missouri and Arizona and participated in the American Bar Association’s development of standards for the treatment of prisoners. The secretary unsuccessfully argued that simply because the expert had a career in prison administration, “which never remotely involved the state of Louisiana, does not qualify her to opine on whether [DOC] has over detained anyone.” The ruling disagrees, finding the out-of-state expert “sufficiently qualified.”
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: May 25, 2023, Case #: 3:20cv233, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Experts, Prisoners' Rights
J. Xinis grants T.J. Maxx’s motion for summary judgment following allegations of race discrimination brought by a former store manager. The manager, a Black woman, was fired, but she had several incidents of forgery in her record over her five years with the company. Also, other Black employees of similar stature were not discriminated against due to race and a Black person was hired in her place, so she lacks standing.
Court: USDC Maryland, Judge: Xinis, Filed On: May 25, 2023, Case #: 8:20cv3204, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Martin finds that the lower court improperly held the village in contempt for alleged violation of a court injunction prohibiting it from interfering with the property owners rights. The court improperly shifted the burden of proof to the village without the property owners first meeting their burden of showing the village infringed on their property rights. Vacated.
Court: Illinois Appellate Court, Judge: Martin, Filed On: May 25, 2023, Case #: 211580, Categories: Contempt, Property, Sanctions
J. Boulee denies the driver's motion to transfer venue of a negligence action brought by the injured individual to the middle district of Florida. The convenience of witnesses and the location of documents do not support a finding that the action, which arises out of a car collision, should be transferred. The collision at issue also occurred entirely in the northern district of Georgia.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: May 25, 2023, Case #: 1:22cv3760, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Venue
J. Swartzle finds that an insurance company was improperly granted summary judgment in claims contending plaintiff received robocalls because mobile phone users may qualify as residential telephone subscribers under the telephone consumer protection act.
Court: Michigan Court of Appeals, Judge: Swartzle, Filed On: May 25, 2023, Case #: 360506, Categories: Communications, Privacy
J. Soto finds a lower court erred in a convoluted foreclosure dispute. In the court’s first opinion in this dispute, it found a debt receiver had not established that a company facing foreclosure was a “subsidiary” of World Class Capital Group — a company owned by Nate Paul, a real-estate investor involved in the ongoing impeachment inquiry into Republican Texas Attorney General Ken Paxton — and therefore that the receiver could not settle the foreclosure to address the debt. In this second opinion, the appellate court asks the trial court to reconsider the “authority” of the receiver in this foreclosure. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: May 25, 2023, Case #: 08-22-00225-CV, Categories: Civil Procedure, Debt Collection, Property
J. Bogardus finds a lower court ruled correctly in denying a motion to compel arbitration brought by a hospital and representatives after they were sued for alleged wrongful death and negligence. The hospital argued that the son of a deceased patient had signed an arbitration agreement, but the hospital has not shown that other parties in this case should be bound by that agreement — and even if they were, the hospital has not shown “clearly and unmistakably” that “gateway issues of arbitrability are to be decided by an arbitrator, rather than the district court.” Affirmed.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: May 25, 2023, Case #: A-1-CA-39835, Categories: Arbitration, Negligence, Wrongful Death
J. Webb finds the trial court properly convicted defendant for five counts of the rape of his minor stepson, sentencing him to five concurrent life terms in prison. He contends that the court’s denial of a continuance prevented him from obtaining his own DNA expert to challenge the state’s supplemental DNA report; but the record does not show that a continuance was ever requested. No prejudicial error is found. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb, Filed On: May 25, 2023, Case #: CR-22-484, Categories: Evidence, Sex Offender, Child Victims