168 results for 'filedAt:"2023-09-20"'.
J. Kindred dismisses all claims against the U.S. Forest Service in an action where a company that provides helicopter skiing services seeks vacatur of the Forest Service's decision not to select the company's application for further processing. The company alleges that the Forest Service violated the Administrative Procedure Act when it denied the company's application, but granted another skiing services company's application. The Forest Service's review "demonstrates thoroughness, rational validity, and consistency."
Court: USDC Alaska, Judge: Kindred, Filed On: September 20, 2023, Case #: 3:22cv48, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law
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J. Goldberg grants a hospital's motion to dismiss a pro se litigant's disability discrimination suit against it for diagnosing her with a psychological disorder after she came into the facility with complaints of neck pain. The litigant -- who also said in the complaint she has been followed, held as a slave, and that her mother is Queen Elizabeth -- has failed to state a claim for relief.
Court: USDC Eastern District of Pennsylvania, Judge: Goldberg, Filed On: September 20, 2023, Case #: 2:23cv2730, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Medical Malpractice, Employment Discrimination
Per curiam, the court of appeals finds that the district court properly terminated the parents' parental rights. The evidence at trial showed that the children were unkempt and housed in deplorable conditions. Two children’s teeth were broken and decaying and they were not attending school. The father was living in a homeless shelter when the children came into care. Counsel has filed an Anders brief stating the appeal is frivolous. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: September 20, 2023, Case #: 12-23-00170-CV, Categories: Family Law
Per curiam, the appeals court finds the trial court properly dismissed the property owner's lawsuit against the condo association because, under Florida rules, it was required to enter nonbinding arbitration with the association before filing its declaratory judgment action, which it did not. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: September 20, 2023, Case #: 22-0656, Categories: Arbitration, Property, Contract
J. Casper allows the attorneys' motion to dismiss all claims brought against them by two Quincy residents suing them for alleged charges including, but not limited to, breach of contract, misrepresentation and legal malpractice. The residents fail to prove that the agent who assisted them in the purchase of a fraudulent beauty salon in Massachusetts did so under the authority of a law firm in New York, so their claims are dismissed for lack of jurisdiction.
Court: USDC Massachusetts, Judge: Casper, Filed On: September 20, 2023, Case #: 1:22cv11417, NOS: Other Contract - Contract, Categories: Jurisdiction, Legal Malpractice
J. DuBose denies the homeowners their motion to dismiss an insurance company's declaratory judgment to determine the parties’ rights, duties, and obligations under a title insurance policy. The insurance company has plausibly alleged that the obligations are terminated under the terms of the policy. The underlying state court action seeking rescission is still ongoing, so the stay motion will be granted based on ripeness grounds.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: September 20, 2023, Case #: 1:23cv32, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Insurance, Real Estate
J. Du denies the former employee's motion to dismiss the employer's suit alleging that he stole its trade secrets and confidential information to unfairly compete in the Nevada mining company transportation market. Dismissal on the basis of Nevada’s Uniform Trade Secrets Act preemption is premature. The employer has sufficiently pled its claims and is entitled to plead alternative statutory and non-statutory theories of relief even when theories are duplicative. Deceptive Trade Practices claims are dismissed, as there are no allegations as to when or where misrepresentations were made, or to whom.
Court: USDC Nevada, Judge: Du , Filed On: September 20, 2023, Case #: 3:22cv15, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Transportation
J. Golemon finds the trial court properly revoked defendant's suspended sentence for his conviction by guilty plea for felony DWI, subsequent offense. After revocation, he was sentenced to 10 years confinement. Counsel has filed an Anders brief, concluding that the appeal is frivolous. The trial court agreed that no arguable issues support the appeal. It is unnecessary to appoint new counsel to re-brief. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: September 20, 2023, Case #: 09-23-00091-CR, Categories: Sentencing, Dui
J. Wood finds the Board of Review properly required the unemployment benefits recipient to repay $972 in overpaid state benefits received along with federal pandemic assistance. The overpayment was not received as a direct result of an error by the Division of Workforce Services, and there is substantial evidence to support the Board’s findings. However, the Board failed to make any findings regarding the two prongs of the pandemic assistance waiver analysis, and this part of the appeal is remanded. Another amount was not appealed to the Tribunal and the order for repayment is vacated. Affirmed in part.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: September 20, 2023, Case #: E-22-346, Categories: Employment, Government, Covid-19
J. DeGiusti grants the defendant store owners' motions for summary judgment in this lawsuit alleging false arrest, malicious prosecution and other causes of action, based on an incident at a grocery store where the individual plaintiff was allegedly arrested for trespass. The individual's Fourth Amendment claim fails against the owners of the store. There is also no evidence that they "restrained plaintiff against his will or arrested him."
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: September 20, 2023, Case #: 5:20cv266, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence
J. Hixson finds the workers' compensation commission properly awarded additional medical benefits to the McDonald's cook who received certain benefits and a brief period of temporary total disability for a back injury. The additional benefits include all treatment set forth in evidence, as well as a back surgery recommended by the doctor. The commission concluded that a position of limited duration held by the cook, consisting of meal preparation and medical administration for his sick uncle, did not disqualify him from benefits in light of his testimony and other evidence. The employee is unable to perform remunerative labor with reasonable consistency and without pain. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: September 20, 2023, Case #: CV-22-640, Categories: Employment, Workers' Compensation
J. Kern finds that the circuit court properly sentenced defendant to life in prison without parole. Defendant, while a no-contact order was in place and armed with a handgun, forced his way into the home where his wife was staying with her ninety-year-old grandmother. When the grandmother attmepted to call police, defendant fatally shot her in the face. Defendant argued his sentence violated the Eighth Amendment. Affirmed.
Court: 9th Circuit, Judge: Kern, Filed On: September 20, 2023, Case #: 2023SD51, Categories: Murder, Sentencing, Restraining Order
J. Anderson finds that the individual plaintiffs have not shown that they are similarly situated for purposes of a collective action under the Fair Labor Standards Act. They will be allowed to submit "additional briefing on the decertification issues," however, in their suit over overtime pay.
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: September 20, 2023, Case #: 1:19cv1106, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Ashe grants a request by a company that provides information technology and internet phone services, dismissing unfair trade practice claims brought by two former employees who started a rival business. The ex-employees allege their old bosses are suing for theft of trade secrets as a way to “destroy” a competitor in the absence of viable non-compete agreements. Given the facts and circumstances of the case, particularly the ex-employees' failed request for summary judgment, the filing of the IT company’s theft claims against them does not rise to the level of an unfair trade practice under state law.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: September 20, 2023, Case #: 2:23cv1486, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Unfair Competition
J. Garcia finds that the lower court properly entered an order outlining certain requirements for the parents relating to child possession and specifically enjoining the father "from going to or within 100 yards of Mother's home or work." The father, appearing pro se, fails to properly brief his issues on appeal, meaning there is nothing to review. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: September 20, 2023, Case #: 05-23-00022-CV, Categories: Civil Procedure, Family Law