161 results for 'filedAt:"2023-06-13"'.
J. Arterburn finds the trial court properly awarded a wife alimony and attorney fees in this marriage dissolution. After the divorce, the wife moved into a two-bedroom apartment with her two children and the husband purchased a $400,000 house, moving in with his new girlfriend and her 2 children. The district court did not abuse its discretion in considering the wife’s expenses and income while assessing the parties’ circumstances. There was no abuse of discretion in the court’'s conclusion that the wife’s responsibilities to the marriage and the children inhibited her ability to obtain an education and pursue a career. All attorney fees are properly documented. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: June 13, 2023, Case #: A-22-686, Categories: Family Law, Attorney Fees
Per curiam, the Vermont Supreme Court finds that the Employment Security Board properly held the claimant liable for unemployment benefits overpayment. The claimant erroneously said she was able and available to work during the relevant periods though "she was not in fact able or available to work due to a non-COVID-related medical condition." Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: June 13, 2023, Case #: 22-AP-289, Categories: Administrative Law, Employment
J. Gutierrez finds that the district court properly entered a sentence in a matter which required the panel to consider an enhancement of a guidelines calculation if defendant possessed a dangerous weapon at the time of a felony drug offense. Enhancement was constitutional because "it clearly comports with a history and tradition of regulating the possession of firearms during the commission of felonies involving a risk of violence." Affirmed.
Court: 9th Circuit, Judge: Gutierrez, Filed On: June 13, 2023, Case #: 22-30141, Categories: Constitution, Drug Offender, Firearms
J. Lipman grants the motion to dissolve a temporary restraining order in this lawsuit involving certain noncompete agreements. The plaintiff medical equipment company, which brought the suit against two former employees and their new employer, fails to show "the need for continued injunctive relief on a temporary basis." The evidence does not show that the term "customer," as used within the agreements, was meant to include hospitals or medical facilities.
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: June 13, 2023, Case #: 2:23cv2344, NOS: Other Contract - Contract, Categories: Employment, Contract, Injunction
J. Arterburn finds the county court properly found that the family member’s suit brought against the estate administrator on fraud allegations is frivolous. The issue has been previously litigated and decided. There is no abuse of discretion in the court’s ordering of the family member to pay $500 in attorney fees as a sanction. Certain attorney fees are reduced while the order for another is vacated as not supported by evidence. Affirmed in part as modified. Vacated in part and remanded with directions.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: June 13, 2023, Case #: A-22-596, Categories: Wills / Probate, Attorney Fees
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Rogers upholds a finding for a union on three former union officers' retaliation claims based on their protected speech. One officer failed to show she engaged in protected speech, another could not show his speech was the reason he was dismissed, and the third officer fails to support his challenges to the trial court's evidentiary rulings. Affirmed.
Court: DC Circuit, Judge: Rogers, Filed On: June 13, 2023, Case #: 20-7032 , Categories: Constitution, Labor / Unions
J. Hess finds the trial court properly granted the property owner's motion for summary judgment on its contract claim against the restaurant that abandoned the premises and breached the parties' lease agreement. Although the space was rented out to another tenant shortly after the abandonment, the owner was still entitled to recover full damages under the contract, which granted full title and ownership of the property and all improvements to the owner. Therefore, the court was not required to offset damages by the amount of rent received by the owner from the new tenant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hess, Filed On: June 13, 2023, Case #: 2023-Ohio-1978, Categories: Damages, Contract
J. Robinson vacates a lower court ruling in favor of Verizon New England, dismissing a consumer’s fraud and contract claims that the phone company should not have continued charging him until 2021 for a burglar alarm linking his residence to the Barrington Police station, after the station was demolished some time in the 2000s. Conflicting statements on when exactly the service line terminated and when the station was demolished reflect genuinely disputed issues of material fact. Vacated.
Court: Rhode Island Supreme Court, Judge: Robinson, Filed On: June 13, 2023, Case #: 2022-32-A, Categories: Communications, Evidence, Contract
J. Ezra adopts a report and recommendations and dismisses a contract dispute brought by U.S. company against a Chinese manufacturer over “the sale of 100,000 defective Covid-19 test kits.” The manufacturer did not directly sell the kits to the American company as the tests instead came to the company “indirectly” after multiple purchases and sales, and the U.S. firm was never able to establish that this court has jurisdiction over the Chinese manufacturer. Facebook posts from the manufacturer provided by the company actually “hurt their argument,” as it raised further questions concerning whether the manufacturer had any direct business ties to the United States or Texas.
Court: USDC Western District of Texas , Judge: Ezra, Filed On: June 13, 2023, Case #: 1:22cv504, NOS: Other Contract - Contract, Categories: Fraud, Jurisdiction, Contract
J. Bishop finds the juvenile court properly entered order continuing temporary custody of the juvenile with the Department of Health and Human Services, excluding placement with the mother. The child was found to be at risk of harm due to the mother’s failure to comply with orders and withholding information as to her pregnancy. Two older children were previously removed due to domestic violence caused by one of their fathers, resulting in injury. The mother suspected that the father set her car on fire twice, yet still shows sympathy and concern for him, communicating with him while in jail. The mother’s continued connection with him places the child at risk for harm. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: June 13, 2023, Case #: A-22-863, Categories: Family Law, Guardianship
J. Edmondson finds the trial court improperly granted summary judgment to the city in this suit brought by the hotel operator on claims that the Tulsa Tourism Improvement District was improperly created because more than 50% of hotel owners protested. The city has produced only disputed evidence, which is insufficient to support the court’s conclusion that certain “Notices to the Public” were not sufficient protests in writing because they were “prepared, signed and delivered” after the district was created. Reversed and remanded.
Court: Oklahoma Supreme Court, Judge: Edmondson, Filed On: June 13, 2023, Case #: 119662, Categories: Administrative Law, Municipal Law, Due Process
J. Pechman grants the protesters' motion for a preliminary injunction enjoining the enforcement of a property destruction ordinance for the duration of the protesters' lawsuit, which alleges that the city's officers arrested them for writing protest messages in sidewalk chalk and charcoal on the city's temporarily erected walls outside of the Seattle Police Department's East Precinct. The protesters sufficiently allege that the ordinance was selectively enforced against them for their views as their arrests are evidence of a concrete and particularized injury to their rights under the First and Fourteenth Amendments, and the arrests had a chilling effect to their intent to do so again.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: June 13, 2023, Case #: 2:23cv17, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, First Amendment, Injunction
Per curiam, the appellate division finds that the lower court properly granted the lawyers' association motion for a preliminary injunction for an interim increase in the compensation rate paid to 18-B assigned attorneys. The association has made a "plainly meritorious" request for a court-ordered immediate rate increase after a decades-long legislative impasse. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 13, 2023, Case #: 03199, Categories: Administrative Law, Attorney Fees
J. Stevens finds that the lower court properly convicted defendant of statutory sodomy and sentenced him to 30 years in prison. Defense counsel knowingly opened the door to evidence of other uncharged conduct as part of a trial strategy seeking to show that victims' similar accounts of sexual abuse were fabricated during a tumultuous marriage. Affirmed.
Court: Missouri Court Of Appeals, Judge: Stevens, Filed On: June 13, 2023, Case #: ED110580, Categories: Sex Offender
J. Carson finds that the lower court properly declined to compel arbitration in a staffing plan dispute between a nurses' union and an employer. While both parties did agree to arbitrate disputes regarding the relevant collective bargaining agreement, that plan did not intend to cover staffing plan disputes. Because the main thrust of their dispute revolves around the staffing plan, the claims are not compelled to arbitration. Affirmed.
Court: 10th Circuit, Judge: Carson, Filed On: June 13, 2023, Case #: 21-3146, Categories: Arbitration, Employment, Labor / Unions
J. Breyer grants Dish Network's request for summary judgment in its dispute with a set-top box company over copyright claims that the company was providing channels that are exclusive to Dish. The company knew about its infringement but continued to make money off it anyway, so Dish prevails on all of its claims. Additional briefing is needed to determine whether Dish is entitled to statutory damages and, if so, how these calculations should be made.
Court: USDC Northern District of California, Judge: Breyer, Filed On: June 13, 2023, Case #: 3:20cv1891, NOS: Copyrights - Property Rights, Categories: Copyright, Damages
J. Brody finds that the district court properly dismissed a petition for judicial review of a city council approval of a development within a "Residential Ranchette" zoning district. Petitioners failed to show that the approval prejudiced their substantial rights. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: June 13, 2023, Case #: 49590, Categories: Administrative Law, Zoning
J. Hodges finds that the trial court improperly granted the municipal court clerk's motion to dismiss the individual's mandamus petition seeking to compel the clerk to process the individual's notice of direct appeal from a judgment and transmit it to the superior court. The clerk had a legal duty to accept and properly process the notice of appeal and lacked authority to decide the procedural or jurisdictional propriety of the appeal. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: June 13, 2023, Case #: A23A0463, Categories: Civil Procedure
J. Edmondson finds the district court properly granted the state’s motion to dismiss this action filed by an attorney challenging a $10 “Lengthy Trial Fund” fee, alleging that it is unconstitutional. The relevant statute does not unreasonably create two classes of litigants similarly situated, and the attorney fails to state a claim. Affirmed.
Court: Oklahoma Supreme Court, Judge: Edmondson, Filed On: June 13, 2023, Case #: 120589, Categories: Administrative Law, Constitution, Judiciary
J. Stratton finds that the trial court properly denied a challenge to a city's determination that its choices about where to allow commercial cannabis activities were exempt from environmental review. The city followed its general plan, the areas chosen accorded with existing zoning, and substantial evidence supported the conclusion that air quality, traffic, odor, noise and greenhouse gas emissions impacts would not be greater than those addressed in the city's standing environmental impact report. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: June 13, 2023, Case #: B310777, Categories: Municipal Law, Zoning
J. Fischer finds that the lower court properly denied defendant's motion for a new trial on charges of child molestation. A written judgment of conviction was entered into the record, albeit more than eight months after the final judgment. This tardy entry does not divest the court of appellate jurisdiction. There is no merit to defendant's claim that the trial court erred by failing to exclude expert witness testimony. Affirmed.
Court: Missouri Supreme Court, Judge: Fischer, Filed On: June 13, 2023, Case #: SC99913, Categories: Criminal Procedure, Child Victims
J. Brown finds that the trial court properly conducted a bench trial in the couple's divorce proceedings and adopted the wife's proposed order making a determination of marital assets. The husband waived his right to a jury trial by participating in the bench trial and by failing to object. However, the trial court incorrectly entered the final order of divorce without incorporating a permanent parenting plan as required by the statute. The case is therefore remanded for compliance with the statute. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: June 13, 2023, Case #: A23A0580, Categories: Family Law
J. Duffy finds a lower court did not err in dismissing several motions brought by defendant after he was permitted to withdraw a years-old plea relating to possession and manufacture of child pornography. After being allowed to withdraw that plea, defendant moved to dismiss charges against him on the grounds that they violated his right to a speedy trial, but such constitutional protections do not apply once a defendant has already pleaded or been found guilty. Affirmed.
Court: New Mexico Court of Appeals, Judge: Duffy, Filed On: June 13, 2023, Case #: A-1-CA-40005, Categories: Plea, Speedy Trial, Child Pornography
J. Breckenridge finds that the state properly suspended the driver's license because he was arrested on probable cause to believe he committed an alcohol-related traffic offense. A preliminary breath test showed the driver's breach alcohol content was greater than 0.08 percent, and this evidence is admissible to show probable cause to arrest the driver. Affirmed.
Court: Missouri Supreme Court, Judge: Breckenridge, Filed On: June 13, 2023, Case #: SC99655, Categories: Administrative Law, Vehicle
J. Walker reveres the lower court’s order granting a nursing home parent company’s motion for summary judgment in its former occupational therapist’s wrongful discharge suit following his firing for having a loaded firearm in his car parked on the premises. The court finds material questions of fact remain whether the nursing home conditioned the therapist’s employment on an agreement that he would refrain from keeping his AR-15 locked inside or locked to his car while on its parking lot in violation of the Business Liability Protection Act, a 2018 law that prohibits employers from certain specific actions against someone when that person possesses a firearm legally, including as a condition of employment.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: June 13, 2023, Case #: 22-0094, Categories: Employment, Business Practices, Firearms
J. Cruser finds that the lower court improperly sentenced defendant for his assault and firearm convictions. Defendant was shackled during his sentencing hearing, and the state has not shown why that restraint was fully needed or that his improper shackling was a harmless error. While defendant's other challenges to his sentence are without merit, the shackling error calls for a fresh sentencing hearing. Remanded.
Court: Washington Court Of Appeals, Judge: Cruser, Filed On: June 13, 2023, Case #: 56086-1-II, Categories: Firearms, Sentencing, Assault
J. Baldwin finds the trial court properly granted the part-owner's motion for summary judgment on contract claims related to his separation agreement. His 20 percent ownership interest was clearly established by the agreement and was triggered under the agreement when the company was sold to a third party. Additionally, because the agreement also explicitly stated the part-owner would be entitled to 20 percent of any sale to outside interests, the trial court properly awarded him damages in 20 percent of the sale price. Affirmed.
Court: Ohio Court Of Appeals, Judge: Baldwin, Filed On: June 13, 2023, Case #: 2023-Ohio-1958, Categories: Damages, Contract
J. Russell finds that the lower court properly denied the motel's motion to vacate the appointment of a receiver. The bank complied with the legal requirement to notify the motel of its application for a receiver seven days before the court's order. Affirmed.
Court: Missouri Supreme Court, Judge: Russell, Filed On: June 13, 2023, Case #: SC99567, Categories: Banking / Lending
[Modified.] J. Smith changes several sentences in a judiciary opinion and denies a petition for rehearing. The trial court erred in striking a title company's statement of disqualification. The company filed the statement of disqualification a year after the judge accused it of participating in a “name change shell game, trickery…and scheming” to evade payment. No judgment had been entered, and issues of fraudulent transfer, alter ego or successor liability had not been presented. A statement of disqualification for bias is not impliedly waived as untimely under relevant code of civil procedure. “There shall be no waiver of disqualification if…the judge has a personal bias or prejudice.” The title company had also never filed a prior statement of disqualification and the statement was not insufficient on its face.
Court: California Courts Of Appeal, Judge: Smith, Filed On: June 13, 2023, Case #: F084913, Categories: Judiciary, Due Process