280 results for 'filedAt:"2023-09-28"'.
J. Ruiz grants, in part, the lender's motion to stay, ruling that although the federal claims filed by the borrowers cannot be litigated in state court, the foreclosure actions in state court are parallel cases because all of the claims deal with the propriety of late fees charged by the lender after acceleration of the borrowers' mortgages. Therefore, Colorado River abstention applies and the case will be stayed pending the outcome of the foreclosure actions.
Court: USDC Northern District of Ohio, Judge: Ruiz, Filed On: September 28, 2023, Case #: 1:20cv711, NOS: Other Statutory Actions - Other Suits, Categories: Banking / Lending, Class Action, Contract
J. Tufte finds that the district court improperly granted summary judgment on a planned unit development. However, the lower court properly granted summary judgment on claims against a homeowners association for breach of restrictive covenants and private nuisance concerning the purchase of a lot in a residential development. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: September 28, 2023, Case #: 2023ND171, Categories: Property
Per curiam, the appellate division finds that attorney Paul E. Austin of Hong Kong may be reinstated following her September 2022 suspension for failing to meet registration requirements because Austin complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: September 28, 2023, Case #: PM-222-23, Categories: Attorney Discipline
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J. Schuster finds surveillance footage showing defendant enter the house of the victim, as well as testimony from a witness that he was the individual who shot the victim after he was robbed of marijuana, was sufficient to convict defendant of burglary, robbery and murder. Meanwhile, the decision by defendant's attorney to stipulate to the unavailability of an accomplice as a witness did not constitute ineffective assistance of counsel because the accomplice had been advised by his own counsel to invoke his Fifth Amendment rights and, therefore, he would not have provided any relevant or exculpatory testimony. Affirmed.
Court: Ohio Court Of Appeals, Judge: Schuster, Filed On: September 28, 2023, Case #: 2023-Ohio-3490, Categories: Burglary, Ineffective Assistance, Murder
J. Stratton finds that the trial court's sanction of $70,000 in attorney fees and costs was supported by substantial evidence that the husband in a dissolution action demonstrated a "steadfast, continued disregard of the court's orders and the terms of the parties' settlement agreement and judgment." Also, the sanctions order of $1,000 per day was not indefinite as he argued, but contingent solely on his compliance. And he failed to show the sanctions are an unreasonable burden. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: September 28, 2023, Case #: B313786, Categories: Family Law, Sanctions, Attorney Fees
J. Hovland grants an insurance company's bad faith claim in an insurance matter in which property was damaged by a storm. The insured is generally entitled under the policy to an immediate payment representing the actual cash value of the loss, which was done in this matter.
Court: USDC North Dakota , Judge: Hovland, Filed On: September 28, 2023, Case #: 1:21cv165, NOS: Insurance - Contract, Categories: Insurance
J. Kemp finds the circuit court properly dismissed the prisoner’s petition for a writ of mandamus seeking entitlement to parole. The issue has been addressed by the Arkansas Supreme Court in a prior order affirming the circuit court’s denial of the same type of petition. Because petitioner pleaded guilty to rape committed in 1996, certain Arkansas Code applies addressing violent offender eligibility upon reaching regular eligibility, but only after a minimum age of 55. Though petitioner is 55, his eligibility is not within the purview of the trial court. Thus, no reference to the parole-eligibility statutes is listed in his judgment and commitment order. It is settled that the determination of eligibility is solely up to the corrections division, which has determined that the petitioner’s eligibility date is in 2037. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp, Filed On: September 28, 2023, Case #: CV-22-792, Categories: Parole, Sex Offender, Jurisdiction
J. Brown dismisses a nurse's sexual harassment, discrimination and other claims against a healthcare company and doctor. She fails to show the hospital knew of the alleged harassment, that she suffered an adverse employment action and she failed to state a claim against the doctor.
Court: USDC Northern District of Texas , Judge: Brown, Filed On: September 28, 2023, Case #: 3:22cv2729, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care, Employment Discrimination
Per curiam, the appellate division finds that attorney Patricia M. Quigley of Staten Island may be reinstated following her May 2019 suspension for failing to meet registration requirements because Quigley complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: September 28, 2023, Case #: PM-225-23, Categories: Attorney Discipline
J. VanDyke grants a stay pending appeal after the State of Idaho enacted abortion restrictions following Dobbs v. Jackson Women’s Health Organization. Idaho placed abortion restrictions prompting the federal government to sue claiming that a "federal law unrelated to abortion preempts the will of the people of that state, through their elected representatives." No preemption in this matter exists, therefore the Idaho Legislature is entitled to a stay of the district court’s order improperly enjoining its abortion restrictions.
Court: 9th Circuit, Judge: VanDyke, Filed On: September 28, 2023, Case #: 22-35440, Categories: Health Care
J. Huber finds the Workers’ Compensation Commission properly reversed an administrative law judge’s decision denying the sandblaster’s claim for occupational silicosis and interstitial lung disease contracted in the scope of his employment. It is undisputed that the employee was a non-smoker, had not previously worked as a sandblaster, and was not exposed to dust outside of work. He also had no prior respiratory or lung issues, and this supports reversal. The record shows that the commission considered all evidence and did not make its decision arbitrarily. No error is found. The commission’s order is sustained.
Court: Oklahoma Courts Of Appeal, Judge: Huber, Filed On: September 28, 2023, Case #: 120569, Categories: Evidence, Health Care, Workers' Compensation
[Consolidated.] J. Siler finds the lower court properly denied the property owners' motion for discovery because none of the documents or information requested had any bearing on due process claims regarding the notice given by the city before it demolished several properties deemed public nuisances. Affirmed.
Court: 6th Circuit, Judge: Siler, Filed On: September 28, 2023, Case #: 22-3216, Categories: Property, Due Process, Discovery
J. Edmunds denies officers summary judgment in excessive force claims contending officers fractured plaintiff's foot in incidents that evolved after plaintiff stopped his bike to ask officers for directions home. Plaintiff found officers so "rude," he went to a White Castle to ask for directions, but officers followed him on grounds that he seemed drunk. When plaintiff tried leaving the fast food chain, an officer allegedly kicked him off the bike, threw him to the ground, choked him, and stomped on his foot. Meanwhile, the alleged reason for arrest, that plaintiff's bike lacked a headlamp, had not been noted in the arrest report, and plaintiff had not posed a threat to officers or the public during the investigation into what would have been a civil infraction.
Court: USDC Eastern District of Michigan, Judge: Edmunds, Filed On: September 28, 2023, Case #: 2:20cv12912, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Hess finds the state followed the proper chain of custody for DNA evidence found on a cloth Crown Royal bag, including checking the item in and out of the police evidence room, and that the bag was properly admitted into evidence. The prosecution was not required to prove how the bag arrived at the crime scene but was only required to track it once it came into its possession. Meanwhile, although defendant was properly convicted of murder and attempted murder, those charges and convictions could not be used by the state to support the conspiracy to commit murder charge, which must be vacated in light of the state's failure to include in the indictment an overt act in furtherance of the conspiracy. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Hess, Filed On: September 28, 2023, Case #: 2023-Ohio-3566, Categories: Dna, Murder, Conspiracy
Per curiam, the Fifth Circuit denies a Mexican lawful permanent resident’s petition for review of the Board of Immigration Appeals’ dismissal of his appeal from an immigration judge’s order sustaining a charge of removability based on a state criminal conviction. Petitioner’s engaging in communications with a minor for an illicit sexual purpose constitutes “maltreatment of a child,” according to relevant statute. This is a removable offense.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 28, 2023, Case #: 22-60377, Categories: Immigration, Sex Offender, Child Victims
J. Peterson partially grants the beneficiary's motion for attorney fees in her lawsuit against the insurance company over the termination of her long-term disability benefits. Finding no basis to grant the beneficiary's "eye-popping" request for $180,774 in fees plus $2,984 in costs, she is awarded $69,725 in fees and no costs, as the fee calculations she proposes based on her attorneys' hourly work are excessive and unreasonable.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: September 28, 2023, Case #: 3:20cv420, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance, Attorney Fees
J. Kleeh grants in part, denies in part and holds in abeyance in part two of the estate’s motions in limine, and grants four and denies four of the Lewis County Commission’s motions in the estate’s civil rights suit accusing three Lewis County deputy sheriffs of causing a developmental disabled man’s death on Nov. 12, 2018, after deploying their Tasers on him multiple times while arresting him for violating parole. A Feb. 26, 2024, trial date is scheduled.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: September 28, 2023, Case #: 2:20cv47, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Discovery
J. Lee finds the district court properly granted the Division of State Lands’ motion for summary judgment in this suit brought by property owners on Lake Tahoe alleging that new fee-setting regulations for use of buoys and piers were invalid. The regulations do not violate statutory or constitutional provisions and do not exceed the Division’s statutory authority. Affirmed.
Court: Nevada Supreme Court, Judge: Lee, Filed On: September 28, 2023, Case #: 83830, Categories: Environment, Government, Maritime
J. Christiansen Forster finds that a mother did not receive ineffective assistance at a parental rights termination proceeding. The family court refused to grant mother's counsel's motion to withdraw, and the mother was not required to attend the proceeding, so her absence, which may have hurt her case, was not evidence of ineffective counsel. Her failure to communicate with counsel prior to the proceeding was solely her fault. Affirmed.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: September 28, 2023, Case #: 20220629-CA, Categories: Family Law
Per curiam, the North Dakota Supreme Court finds that the district court properly entered judgment concerning a motion to suppress evidence. The district court found the application for a search warrant did not contain statements that were knowingly or intentionally false. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: September 28, 2023, Case #: 2023ND176, Categories: Evidence, Search
J. Jarbou declines to dismiss class claims brought against the mayor and two other defendants after residents allegedly consumed water containing lead, bacteria, and other contaminants because claims were supported by repeated false statements defendants made to the public about the safety of the city’s water.
Court: USDC Western District of Michigan, Judge: Jarbou, Filed On: September 28, 2023, Case #: 1:21cv960, NOS: Environmental Matters - Other Suits, Categories: Environment, Water, Negligence
J. Rosenbaum finds that the district court improperly found defendant in criminal contempt of an injunction barring a company's employees from distributing certain stun guns and cartridges that infringed on a competitor's intellectual property. Defendant was not a party to the injunction because she was not an employee of the company when it distributed items which were enjoined by the injunction. Defendant also did not aid or abet a named enjoined party because the company no longer existed at the time of her actions. Vacated.
Court: 11th Circuit, Judge: Rosenbaum, Filed On: September 28, 2023, Case #: 22-10949, Categories: Contempt
J. Parraguirre finds the district court properly dismissed the death-row inmate’s complaint for declaratory relief challenging the legislature’s delegation of authority to the Department of Corrections as to the state’s method of execution. The relevant Nevada statute, together with the U.S. Constitution’s prohibition on cruel and unusual punishment, provides the department with suitable standards to determine the process by which a lethal injection is to be administered. Affirmed.
Court: Nevada Supreme Court, Judge: Parraguirre, Filed On: September 28, 2023, Case #: 84081, Categories: Constitution, Death Penalty, Murder