149 results for 'filedAt:"2023-06-27"'.
J. Parker finds that the lower court properly entered judgment for the appellee builder in this suit alleging breach of a construction contract. The individual appellant argues that he should not be personally liable for the alleged outstanding balance, but the record sufficiently shows that he "acted in his individual capacity" in authorizing the work. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: June 27, 2023, Case #: 07-22-00247-CV, Categories: Construction, Contract
J. Katsas upholds the district court's finding for the Department of Homeland Security on a trade association's challenge to a change in guidance that requires employers to amend paperwork for H-1B visa-based employees who change their place of employment. Although the association has Article III standing, it fails to show the agency lacks the authority to make this change. Affirmed.
Court: DC Circuit, Judge: Katsas, Filed On: June 27, 2023, Case #: 22-5074 , Categories: Administrative Law, Employment, Immigration
J. Cummings, as part of an underlying contract suit between sanitation companies, grants defendant sanitation and telematics companies a collective $28,000 in costs and attorneys fees. The fees stem from defendants' work to prosecute a motion to strike a supplemental expert report of plaintiff sanitation company.
Court: USDC Northern District of Illinois, Judge: Cummings, Filed On: June 27, 2023, Case #: 1:16cv3371, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract
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J. Hodge grants the Philadelphia Parking Authority’s (PPA) motion to dismiss in this matter concerning parking violations. A citizen had outstanding parking violations and her vehicle was impounded. When she went to pay the tickets and fines to retrieve the vehicle, instead of being assessed the amount of violations pertaining to the vehicle, she was presented with a list of violations under her name totaling $3,705, which included violations by her mother, who shares the same name, going back decades. The citizen went through the process of attending an administrative hearing where they affirmed that she must pay the fines before retrieving the vehicle, but did not notify the citizen of the corrected amount of $1,063; her vehicle was subsequently sold at auction. While the court grants dismissal to the PPA, as it acted properly, as well as all individual defendants, it denies dismissal to the City of Philadelphia. The citizen sufficiently argued that the Bureau of Administrative Adjudication (BAA), as part of the City of Philadelphia, may have violated her constitutional right to due process under the Fourteenth Amendment.
Court: USDC Eastern District of Pennsylvania, Judge: Hodge, Filed On: June 27, 2023, Case #: 22-1155, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Government, Municipal Law
J. Andrews finds a lower court improperly dismissed a local borough's denial of a residential property license to a property owner. The property owner argued that he was fit to obtain licensing from a housing authority. However, he fraudulently claimed in an application that the homes he owned did not have gas appliances. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Andrews, Filed On: June 27, 2023, Case #: CA-2022-2032, Categories: Licensing, Real Estate, Housing
J. Tostrud denies the embassy's armed forces office's motion to dismiss the hospital operator's suit against it alleging nonpayment of medical bills for the children of an armed forces member. The Foreign Sovereign Immunities Act does not preclude the hospital operator's claims since it has plausibly alleged that contracts with the office's agent constituted contracts with the office itself. A covenant in those agreements providing that the hospital operator would not "file arbitration or suit with regards to this bill" refers to the original amount due, not the discounted amount that the parties agreed to settle the bills for in those agreements. A failure to join the agent and the hospital operator's former billing intermediary is also not fatal to the operator's claims since neither is a required party.
Court: USDC Minnesota, Judge: Tostrud, Filed On: June 27, 2023, Case #: 0:21cv2666, NOS: Other Contract - Contract, Categories: International Law, Contract
J. Tunheim denies the toymaker, its principal and its successors' motion to dismiss the sports equipment seller's suit against them alleging that they engaged in a series of fraudulent transfers to avoid paying a judgment. Contrary to the toymaker and related entities' assertions, the sale of the majority of the sports equipment seller's assets to another party did not include its claims against the toymaker, so the sports equipment seller owns the judgment at issue and has plausibly alleged injury.
Court: USDC Minnesota, Judge: Tunheim, Filed On: June 27, 2023, Case #: 0:19cv763, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Enforcement Of Judgments, Racketeering
J. Tunheim denies the electronics conglomerate's motion for judgment as a matter of law and grants the MRI technology licensor's motion to amend its judgment against the conglomerate to include pre- and post-judgment interest. The conglomerate made "clear and definite promises" to the licensor when it purchased its assets and promised to move forward with the licensor's technology, so it is not entitled to judgment as a matter of law on the licensor's promissory estoppel claim. The licensor's calculation of prejudgment interest is too generous, since the conglomerate's $10 million verbal settlement offer does not supersede the legal effect of an earlier, smaller written offer, which was the definite monetary offer. Daily post-judgment interest is granted at $851.60 per day.
Court: USDC Minnesota, Judge: Tunheim, Filed On: June 27, 2023, Case #: 0:17cv1048, NOS: Other Contract - Contract, Categories: Settlements, Contract
J. Frank denies the burglary victim's motion for relief from judgment in a case brought by a former friend the victim accused of committing the burglary, even after the arrest of burglary suspects. The friend's defamation claim and the court's finding of actual malice are supported by the record, whether or not the burglary victim's statements involved a matter of public concern. The friend's motion for sanctions, however, is denied since the burglary victim's arguments for relief from judgment were not frivolous and the Court cannot find that he or his counsel knew or should have known that one of his declarations contained erroneous information.
Court: USDC Minnesota, Judge: Frank, Filed On: June 27, 2023, Case #: 0:20cv565, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Sanctions, Defamation
J. Hassan finds that the lower court properly denied the attorneys' dismissal motion filed under the Texas Citizens Participation Act (TCPA) in a suit alleging they owe fees to another attorney they partnered with in pharmaceutical litigation. The TCPA is not applicable in this case since the claims do not involve the right of free speech and are based on a "private contract dispute." Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: June 27, 2023, Case #: 14-20-00777-CV, Categories: Anti-slapp, Attorney Fees, Contract
J. Zimmerer finds that the trial court partly erred in denying the contractor's motion to compel arbitration of claims over alleged nonpayment of construction work on a daycare facility. The contractor had not waived its right to arbitrate as to some of the accused parties, so the case is stayed pending completion of the arbitration. Reversed in part.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: June 27, 2023, Case #: 14-22-00712-CV, Categories: Arbitration, Civil Procedure, Contract
J. Gard finds a lower court improperly denied a detainee's motion for credit for time served in jail before she pleaded guilty in court to endangerment and driving under the influence. The State argued that the detainee was not entitled to relief after she was arrested for a second DUI, and that she did not qualify for presentence incarceration credit for a 90-day sentence. However, the detainee presented sufficient evidence in court that she is entitled to credit for time for the 30 days she spent in custody before sentencing. Reversed.
Court: Arizona Court Of Appeals Division Two, Judge: Gard, Filed On: June 27, 2023, Case #: 2 CA-SA 2023-9, Categories: Sentencing, Dui
J. Fischer finds that the defendant's appeal is untimely because the lower court's 2020 rendition of judgment and sentence was final. The lower court's second judgment and sentence is vacated, and the original 10-year sentence for financial exploitation of an elderly person is reinstated.
Court: Missouri Supreme Court, Judge: Fischer, Filed On: June 27, 2023, Case #: SC99658, Categories: Criminal Procedure, Fraud
Per curiam, the appellate court finds that the trial court should not have rendered a broad-brush judgment when it granted an injured gas station patron's motion for an adverse presumption based on spoliation of the evidence. The patron claimed that he struck his head on a piece of metal protruding from a post located behind the car vacuum cleaner. The patron concedes that the gas station's failure to preserve the video footage was unintentional because the gas station received the preservation notice after the time for recovering the footage would have already lapsed. However, the gas station removed the metal piece from its original location and, as a result, altered the configuration and placement of the protruding piece of metal as it appeared when the patron was injured. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: June 27, 2023, Case #: 23-C-300 , Categories: Evidence, Negligence
J. Cain denies summary judgment to a nationwide employment agency, ruling in favor of a branch manager who sued her bosses for disability discrimination after she was fired shortly after her diagnosis of a headache disorder requiring treatment with three spinal taps. Her employer alleges she was terminated for poor performance. Given the short duration of the employee’s condition, the court is unable to determine that she was actually disabled. She may prevail based on pre-termination statements made by her employers. Her case fails if it is shown that her condition was "objectively transitory and minor."
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: June 27, 2023, Case #: 2:20cv1621, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Labor
J. Crichton finds that the trial court properly determined that parents of a deceased daughter did not state a cause of action on their claim to nullify their daughter’s marriage to her husband. The parents alleged that the marriage was for the sole purpose of evading federal immigration laws to obtain permanent resident status for the husband. Based upon the exclusive list of impediments as listed in Article 94, the parents have not adequately pleaded a cause of action to nullify the marriage. Affirmed.
Court: Louisiana Supreme Court, Judge: Crichton, Filed On: June 27, 2023, Case #: 2022-C-01570, Categories: Evidence, Family Law
J. Millett finds the district court properly dismissed an individual's action challenging his removal from the council that oversees the Administrative Conference of the U.S. He fails to show the president does not have the power to remove him from the council, at will. Affirmed.
Court: DC Circuit, Judge: Millett, Filed On: June 27, 2023, Case #: 22-5047, Categories: Employment, Government
J. Hollander partially denies a university's motion for partial summary judgment in a suit brought by a former professor for disability discrimination. The professor claims that he was not physically able to complete certain tasks the university required of him without reasonable accommodation, which it did not provide. The university is granted judgment as to its failure to accommodate under state law because the professor has not exhausted administrative remedies, but otherwise, the professor's claims will proceed.
Court: USDC Maryland, Judge: Hollander, Filed On: June 27, 2023, Case #: 1:21cv656, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Doyle finds that the trial court properly convicted defendant of aggravated assault, burglary, elder abuse, aggravated stalking, false imprisonment, battery and other offenses. The trial court correctly denied defendant's motion to dismiss the aggravated stalking charge for stalking the victim at the marital home. A court order had previously granted the victim exclusive use of the home and directed defendant not to come within 500 yards of it. However, the trial court incorrectly sentenced defendant because the battery charge against him should have merged with the elder abuse charge. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 27, 2023, Case #: A23A0072, Categories: Sentencing, Assault, Restraining Order
J. Wendlandt upholds the lower court's grant of summary judgment to a dealership on a pedestrian's negligence claims, which arose after she was struck by a car the dealership had provided as a courtesy to a customer while his vehicle was being repaired. The Graves Amendment, which protects rental car companies from being held vicariously liable for a driver's actions, protects the dealership, as the vehicle it loaned to the customer is considered a rental under the circumstances.
Court: Massachusetts Supreme Court, Judge: Wendlandt, Filed On: June 27, 2023, Case #: SJC-13378 , Categories: Vehicle, Negligence