98 results for 'filedAt:"2023-10-03"'.
J. Stegner upholds the lower court’s decision and finds that two neighbors’ agreed-upon boundary between their properties — which differs from the boundary described in one of the properties’ deeds — is legitimate. Affirmed.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: October 3, 2023, Case #: 49488, Categories: Property
J. Pirtle finds the district court properly affirmed defendant’s convictions for disturbing the peace, loitering and trespass for refusing to wear a mask at Office Depot during the Covid-19 pandemic. Video evidence shows defendant was agitated during the confrontation. The store manager testified that he “kept on calling [him] names” like “gay,” “fat,” “pussy” and “big ogre.” Defendant poked the manager in the chest and “sucker punched” him in the stomach. The evidence supports the conviction, and no abuse of discretion is found. Defendant has also failed to assign error to counsel’s allege deficient performance. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: October 3, 2023, Case #: A-23-027, Categories: Assault, Trespass, Loitering
J. Land denies a motion to dismiss the insurance company's interpleader action seeking to deposit life insurance funds in dispute by multiple parties and relieve itself of the liability of distributing them. There being no reason to abstain taking action in this lawsuit in light of a parallel state-court proceeding, the insurance company is permitted to deposit the $1,000,510 in proceeds into the court's registry, and a stay of discovery and pretrial proceedings in this matter is lifted.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: October 3, 2023, Case #: 4:23cv36, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Connors finds that the lower court improperly dismissed the putative taxpayer's lawsuit seeking a declaratory judgment that certain assessments were improper because "she does not have a taxable interest in the property." Her claims for declaratory relief and damages should have survived dismissal, as her issue could be pursued through either "the abatement process or a declaratory judgment action." Vacated.
Court: Maine Supreme Court, Judge: Connors, Filed On: October 3, 2023, Case #: 2023ME65, Categories: Civil Procedure, Real Estate, Tax
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J. Riedmann finds the trial court properly convicted defendant for DUI. Defendant was arrested after the officer responded to a call that he was drunk in a grocery store. The officer confronted defendant while sitting in his car, parked in a handicapped spot, with a strong odor of alcohol coming from the vehicle. Defendant said that he was “waiting until he could leave to go home.” His car keys were on the ground and defendant was forcefully removed after not responding to requests to exit the vehicle. All evidence supports the conviction. A driver’s permit that, when photocopied, displayed the word “VOID” was properly allowed. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: October 3, 2023, Case #: A-22-774, Categories: Evidence, Dui
J. Dillard finds no error in the jury's verdict in favor of the cyclist and motorist in the citizen's negligence lawsuit over a car accident she says they caused which led to her neck and back injuries. Although the trial court's jury instruction regarding the preponderance-of-the-evidence standard was "erroneous and misleading" as the citizen claims, the error does not warrant a new trial, in part because the driver herself admitted at trial that neither the motorist nor the cyclist "did anything wrong" to cause the accident, making it unlikely that the disputed instruction contributed to the jury's verdict. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: October 3, 2023, Case #: A23A0986, Categories: Jury, Vehicle, Negligence
Per curiam, the appellate division finds that the lower court properly terminated the prison guard's employment. Evidence supports the finding that he violated prison policies regarding the retrieval of inmate property, used excessive force against an inmate, and failed to submit a required unusual incident report. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 3, 2023, Case #: 04935, Categories: Administrative Law, Employment
Per curiam, the Fifth Circuit finds the district court properly dismissed the former professor’s claims of constructive discharge, Equal Pay Act retaliation and other civil rights violations brought after she resigned from her tenured professorship at the Thurgood Marshall School of Law at Texas State University. Before her resignation, several similar claims were dismissed for failure to state a claim, as well as lost by grant of summary judgment to the school. Claims that a school employee “threw her hair” into the Black professor’s face, and yelled that the professor couldn’t park in a church parking lot were not committed in the employee’s “official power” at the school. The professor fails to allege that the employee acted under color of state law and thus fails to state a civil rights claim. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 3, 2023, Case #: 22-20541, Categories: Civil Rights, Education, Evidence
J. Watkins finds the trial court properly denied defendant's motion for a new trial after a jury convicted him of methamphetamine trafficking, charges he faced after law enforcement pulled over a car in which he was a passenger and more than 100 grams of methamphetamine were found under his feet, along with plastic baggies and a digital scale. Defendant's challenge to the sufficiency of the evidence fails, and there is no error in the jury's verdict against him. Defendant's 12 ineffective assistance claims all fail, in part because some claims lack any specific supporting arguments and because others, including two claims stating defendant was prejudiced by his lawyer's blindness, are baseless. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: October 3, 2023, Case #: A23A1156, Categories: Drug Offender, Evidence, Ineffective Assistance
[Consolidated.] J. Brown dismisses the appeal because the district court did not properly hold a hearing on a wife's motion to set aside the judgment to make past due rent executory, to make judgments executory and for access to the matrimonial domicile. Therefore, the wife's appeal of the judgment is premature, and this court does not have jurisdiction.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: October 3, 2023, Case #: 2023-CA-0132, Categories: Civil Procedure, Family Law, Contract
Per curiam, the appellate division finds that the lower court properly found the seller entitled to retain the deposit of $1.9 million on a cancelled sale of a $19 million condo unit. The evidence "utterly refutes" the purchaser's claims she was misled regarding the building's doorman services, as the offering plan clearly outlined the physical doorman hours versus the night-time virtual doorman hours. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 3, 2023, Case #: 04923, Categories: Real Estate, Contract
J. Arguello grants a bank partial summary judgment in claims contending investors were fraudulently induced to hire the bank's money manager based on the promise that the manager would be a registered investment advisor because investors cannot recall whether they had been made aware that a person bearing that title would not be managing their accounts. |
Court: USDC Colorado, Judge: Arguello, Filed On: October 3, 2023, Case #: 1:21cv1073, NOS: Other Contract - Contract, Categories: Contract
J. Friedland finds that the district court properly denied qualified immunity to California prison officials associated with a San Quentin State Prison transfer that led to prisoner deaths from Covid-19. The state transferred 122 inmates from the California Institution for Men to San Quentin Prison, where there were no known cases of the virus. The resulting outbreak killed one prison guard and over twenty-five inmates, including an individual's husband. The prison officials are not entitled to qualified immunity on the wife's Eighth Amendment claim, which adequately alleged that prison officials acted with deliberate indifference to the health and safety of San Quentin inmates. Affirmed.
Court: 9th Circuit, Judge: Friedland , Filed On: October 3, 2023, Case #: 22-15481, Categories: Civil Rights, Covid-19, Prisoners' Rights
Per curiam, the Fifth Circuit, on rehearing, withdraws the previous opinion on federal efforts to stop the spread of Covid-19 misinformation on social media, modifying the preliminary injunction targeting coercive government behavior. Prohibition six of the injunction now states: “Defendants, and their employees and agents, shall take no actions ... to coerce ... social-media companies to remove ... posted social-media content containing protected free speech. That includes ... compelling the platforms to act, such as by intimating that some form of punishment will follow a failure to comply ... or supervising ... the social-media companies’ decision-making processes.”
Court: 5th Circuit, Judge: Per curiam, Filed On: October 3, 2023, Case #: 23-30445, Categories: Government, Technology, Injunction
J. Welch finds the trial court properly convicted defendant for sexual assault. The college freshman victim accused defendant of sexual assault occurring at a birthday party in a trailer park. A medical examination revealed signs of assault and defendant was arrested. All evidence, including witness testimony as well as DNA evidence supports the conviction. Challenges to evidence are not preserved for review. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: October 3, 2023, Case #: A-22-771, Categories: Dna, Evidence, Sex Offender
J. Arterburn finds the trial court properly convicted defendant for forgery, abuse of a vulnerable or senior adult, and attempted theft of over $5,000. All evidence supports the convictions on all counts. Defendant has numerous prior convictions including assault, strangulation, theft, terroristic threats and attempted abuse of a vulnerable adult. Even after having been previously convicted of victimizing the vulnerable adult, defendant continued to act with the purpose of depriving her of property. The sentences imposed are below the combined statutory maximum, particularly if the court had chosen to impose them consecutively. There is no abuse of discretion. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: October 3, 2023, Case #: A-23-026, Categories: Theft, Elder Abuse, Forgery
J. Wu grants final approval of a $5.5 million settlement that will bring an end to a class action accusing T-Mobile of conducting background checks on its workers without proper authorization or disclosures, as well as other wage-and-hour violations under the California Labor Code. Class counsel seeks $1.8 million in fees, which is above the 25% benchmark set by the Ninth Circuit. Such above-benchmark fee awards are reserved for cases involving more litigation than was involved here. Class counsel is instead awarded $1.4 million in fees.
Court: USDC Central District of California, Judge: Wu, Filed On: October 3, 2023, Case #: 2:21cv2268, NOS: Other Labor Litigation - Labor, Categories: Settlements, Attorney Fees, Class Action
J. Odenwald finds that the lower court properly dismissed the grandparents' petition for adoption of their grandson. The record supports the finding that the mother neither abandoned nor neglected the child, as she made efforts to visit her son and often had no response from the grandparents. Affirmed.
Court: Missouri Court Of Appeals, Judge: Odenwald, Filed On: October 3, 2023, Case #: ED110726, Categories: Family Law
J. Tyson finds the trial court did not violate defendant's right to an attorney when it allowed his counsel to withdraw shortly before trial because the court conducted a lengthy colloquy about defendant's decision to represent himself, while he also signed a written waiver of his right to counsel, completed after he and his appointed counsel could not agree on a trial strategy. Meanwhile, the trial court properly denied defendant's motion to exclude testimony from a woman who claimed to be raped the day before the victim was raped and killed because the testimony was used to establish defendant's identity after he used the same phone to contact both women. Affirmed.
Court: North Carolina Court of Appeals, Judge: Tyson, Filed On: October 3, 2023, Case #: COA22-714, Categories: Evidence, Murder, Self Representation
J. Dillard finds the lower court improperly affirmed the denial of the citizen's claim for Covid-19 pandemic unemployment benefits. The lower court incorrectly upheld the state labor department's finding that the citizen was unemployed for reasons unrelated to Covid-19, as the record shows her self-employment running a child care center out of her home and providing Spanish-English translation services was directly affected by the public health emergency sparked by the pandemic, and her admission of fear of exposure to the coronavirus does not refute that her employment was effectively brought to a halt by the pandemic. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: October 3, 2023, Case #: A23A0796, Categories: Insurance, Agency, Covid-19
J. Burroughs grants in part a former employee’s motion for his former employer to pay for his attorney fees and costs plus prejudgment interest following a judgment in his favor for his former employer’s failure to pay him some of his wages. The former employee is not entitled to fees to cover work that was performed towards unsuccessful claims, but he is entitled to some coverage and a process called the lodestar method is used to help determine the correct coverage of his attorney fees.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: October 3, 2023, Case #: 1:19cv10717, NOS: Other Contract - Contract, Categories: Employment, Enforcement Of Judgments, Attorney Fees
J. Krause finds the trial court properly convicted defendant for murder and criminal street gang-associated terrorism. All evidence, including that of his use of a knife, used as a sentencing enhancement, supports the convictions. The abstract of judgment should be corrected to reflect conviction by jury, and defendant is entitled to the retroactive application of the Assembly Bill redefining what can be legally considered a pattern of criminal gang activity, requiring reversal of his gang conviction. Affirmed in part. Reversed and remanded in part.
Court: California Courts Of Appeal, Judge: Krause, Filed On: October 3, 2023, Case #: C096306, Categories: Evidence, Murder, Gangs
J. Brunner finds the appeals court properly overturned a lower court's decision, as fees incurred by the Bureau of Workers' Compensation to conduct a medical examination that ultimately resulted in a denial of benefits could not be recovered via subrogation after the applicant settled his personal injury lawsuit with a third party. The bureau was entitled to request a medical review when the claimant sought additional benefits, but it bears the cost of such an examination, which was not completed for the claimant's benefit. Affirmed.
Court: Ohio Supreme Court, Judge: Brunner, Filed On: October 3, 2023, Case #: 2023-Ohio-3522, Categories: Civil Procedure, Insurance, Workers' Compensation
J. Hovland grants an insurance company's motion for summary judgment in a matter in which a hailstorm damaged property and the insurance company subsequently issued policy coverage for the damage. The property management company put the actual cash value payment in escrow and to date the funds have not been used for any repairs. The company claims that the insurance company breached its contract by paying actual cash value rather than replacement cost for the damages the hailstorm caused to the buildings. The management company is not entitled to replacement cost at this stage because they did not complete any required repairs to the buildings for which replacement costs could be issued.
Court: USDC North Dakota , Judge: Hovland, Filed On: October 3, 2023, Case #: 1:21cv165, NOS: Insurance - Contract, Categories: Insurance, Property
J. Feuer finds the trial court properly entered a default judgment of $59,191 plus attorney fees against the homeowner who failed to file an answer when he was sued for breach of contract by renters. During the renters’ tenancy, they discovered mold and reached an agreement to receive an $8,000 credit. After the home was vacated, the owner did not pay the credit, return the security deposit or identify claimed deductions from the deposit. All evidence supports the judgment, and there was no error in allowing attorney fees as enforcement costs. Affirmed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: October 3, 2023, Case #: B322796, Categories: Landlord Tenant, Enforcement Of Judgments, Attorney Fees