112 results for 'filedAt:"2023-10-27"'.
J. Bright finds the trial court improperly found the jet ski owner had brought conversion and negligence claims against the repair shop in bad faith. The email purportedly from the owner of the shop to another individual gave at least some credence to the lawsuit; therefore, the repair shop was not entitled to attorney fees and the court's award will be vacated. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: October 27, 2023, Case #: AC45740, Categories: Negligence, Attorney Fees
J. Dixon finds that a subcontractor was improperly granted summary judgment in claims seeking payment for plumbing work on a hotel project because a factual dispute exists as to whether the lien amount was correct at the time of the filing. Affirmed in part.
Court: Kentucky Court Of Appeals, Judge: Dixon, Filed On: October 27, 2023, Case #: 2022-CA-0361-MR, Categories: Contract
J. Riley finds that the trial court improperly ruled in a divorce action. Under the parties' settlement agreement, the husband did not have to disclose cryptocurrency transactions, and those assets are not subject to division. In addition, the husband failed to demonstrate he is entitled to attorney fees. Reversed in part.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: October 27, 2023, Case #: 22A-DR-2685, Categories: Family Law, Settlements, Attorney Fees
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J. Gobeil finds that the trial court improperly overturned the administrative law judge's decision denying the compensability of the employee's right knee injury sustained after an earlier left knee injury that occurred while he was at work as a correctional officer. Although the trial court correctly found that the administrative law judge violated the employee's rights to notice by making findings of fact related to the left knee, the trial court should have remanded the case to the board for an evidentiary hearing. Vacated.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: October 27, 2023, Case #: A23A0989, Categories: Workers' Compensation
J. Dever grants a fastening and packaging distributor’s motion for summary judgment following allegations of age and national origin discrimination brought by former service technician, who was 52 years old at the time of hire. The technician was unable to produce evidence that the distributor discriminated against him because even though he is Latino and some white men were kept on when he was laid off during the early days of Covid-19, these men were not in a similar position as he and cannot be considered in comparable situations. Also, the technician reportedly acted outside the bounds of his position and refused to recognize a new manager’s authority among other complaints. Therefore, the distributor fired him for allegedly legitimate reasons.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: October 27, 2023, Case #: 7:22cv21, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Prescott finds defendant's conviction for violating a protective order was supported by sufficient evidence. Although the victim was not at her business when defendant went there to retrieve personal belongings, he went there despite knowing the order forbid him from going to her workplace, while testimony from the victim proved psychological harm as a result of threats made to coworkers. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: October 27, 2023, Case #: AC45104, Categories: Evidence, Restraining Order
J. Doyle finds that the trial court improperly ruled in favor of the city in a declaratory judgment action brought by the hospital authority arising after the city refused to allow the hospital authority to sell a property to a buyer wishing to operate a drug and alcohol treatment facility. Although the trial court correctly found that the hospital authority is immune from the city's zoning ordinances, the trial court incorrectly found that a third-party purchaser intending to operate a treatment facility at the property could not do so without first obtaining a conditional use permit. The city failed to show that the proposed facility would provide substantially different services than the previous uses at the property under the hospital authority. Reversed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: October 27, 2023, Case #: A23A0795, Categories: Municipal Law, Property, Zoning
J. Dixon finds that a stepmother was properly allowed to adopt a child against the mother's wishes because the mother, who lived far away in Hawaii, did not exercise all visitation or Skype calls, and she did not call witnesses or present cohesive closing arguments. Affirmed in part.
Court: Kentucky Court Of Appeals, Judge: Dixon, Filed On: October 27, 2023, Case #: 2023-CA-0136-ME, Categories: Family Law
J. Thompson adopts the parties joint transition plan for internal monitoring in this Institutionalized Persons Act claim that women in the Julia Tutwiler Prison were subject to sexual abuse and harassment. Deidra Wright shall be designated by the state as the internal monitor within seven days and within 30 days shall establish a “Compliance Office.” The first compliance report shall be filed by Jan. 5, 2024, with the future reports being filed by the second Tuesday of each January and July.
Court: USDC Middle District of Alabama, Judge: Thompson, Filed On: October 27, 2023, Case #: 2:15cv368, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Prisoners' Rights
[Consolidated.] J. Osterhout grants the U.S. Army Corp of Engineers’ motion for summary judgment regarding the contractor’s reference of clauses not included in the contract to construct improvements to Turkey Creek in Kansas City. Excavation under railroad tracks was delayed by active and stationary trains. The contractor concedes its theory of differing site conditions did not apply to moving trains and that other arguments relied upon clauses not contained in the contract. The Army Corps of Engineers did not cite facts regarding stationary trains’ impact on the contract, however. Issues of fact remain as to claims regarding this other type of differing site condition, making summary judgment premature.
Court: Armed Services Board Of Contract Appeals, Judge: Osterhout, Filed On: October 27, 2023, Case #: 63276, Categories: Government, Transportation, Contract
Per curiam, the Fifth Circuit finds the bankruptcy court improperly approved the debtor’s partial assignment of an executory contract. The gym filed for bankruptcy during the pendency of litigation involving a customer who was injured while using the gym’s equipment, and the ensuing litigation and bankruptcy became much more complex after a settlement was reached. The settlement violated code governing the treatment of executory contracts in bankruptcy. Reversed and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 27, 2023, Case #: 22-30757, Categories: Bankruptcy, Settlements, Tort
J. Jolly finds the district court properly dismissed claims brought by various Houston Ship Channel-associated entities seeking economic loss damages as allowed by the Oil Pollution Act against the petroleum terminal services company that spilled a mixture of oil and hazardous substances there. Hazardous substance spills are governed by the Comprehensive Environmental Response, Compensation, and Liability Act, which does not allow for recovery of economic losses. The mixed spill is not “oil” as defined by OPA. Affirmed.
Court: 5th Circuit, Judge: Jolly, Filed On: October 27, 2023, Case #: 22-20456, Categories: Environment, Maritime, Tort
J. Stevens finds that the trial court properly terminated the mother's parental rights to her child based on sufficient evidence to support the best interest finding. The mother admitted to using meth during her pregnancy, did not complete the offered services to address her substance abuse and improve her parenting skills, and lacked the ability to provide for the child's needs. Also, the child was doing well in her placement with the adoptive family of her half-brother. Affirmed.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: October 27, 2023, Case #: 06-23-00059-CV, Categories: Evidence, Family Law
J. Africk grants the insured's request to remand to state court his insurance dispute over damage to his property resulting from Hurricane Ida. The insured sufficiently argues that Lloyd's did not obtain written consent to remand from all joined defendants since the notice of removal does not indicate whether Syndicate 5000 consents to removal. While Lloyd's argues that Syndicate 5000 is a nominal defendant, there is some possibility that the insured could establish a cause of action against Syndicate 5000. This is "a question of contract interpretation that will be addressed by the state court."
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: October 27, 2023, Case #: 2:23cv2505, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction
J. Hull finds that the district court properly ruled in favor of the city in a civil rights action brought by the artist and curators alleging that their First Amendment rights were violated when the city removed an artwork from a city-funded exhibit. The artwork was a painting of Raymond Herisse, a Haitian American man who was fatally shot by Miami police officers in 2011. The district court correctly found that the removal constituted government speech immune from First Amendment scrutiny. The city contracted to commission the artwork, provided the exhibition space, and owned the artwork under the agreements with the artist and curators. The city's decision to display or not display the artwork was "classic" government speech. Affirmed.
Court: 11th Circuit, Judge: Hull, Filed On: October 27, 2023, Case #: 22-12863, Categories: Civil Rights, First Amendment
[Consolidated.] J. Mori finds the county court properly granted the housing advocate’s request for a writ of mandate challenging the city’s amending of zoning code changing development standards in its single-family residential zones to reduce the square footage of houses that can be built. The amended code violates California code prohibiting the enacting of policies changing zoning in certain places to a “less intensive use.” The city does not show that the amendment allows for greater density or reduces costs. Affirmed.
Court: California Courts Of Appeal, Judge: Mori, Filed On: October 27, 2023, Case #: B321477, Categories: Construction, Municipal Law, Zoning
J. Elgo finds the lower court lacked jurisdiction to grant the EMT's motion to enforce an arbitration award against his employer. The employer's revocation of medical supervision, which prevented the EMT from being reinstated after the arbitrator's decision, was wholly separate from the EMT's employment status. The EMT's initial grievances with the union dealt only with his termination and he was required to file an additional grievance after the employer revoked his certification upon the arbitrator's reinstatement order. Reversed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: October 27, 2023, Case #: AC45498, Categories: Arbitration, Jurisdiction, Labor / Unions
J. Nye denies the Sexuality and Gender Alliance plaintiffs' request for a preliminary injunction pending the appeal in this case challenging the constitutionality of a newly-enacted statute, S.B. 1100. The plaintiffs' motion is moot, as the Ninth Circuit has "ruled on the matter and stayed the Court's decision."
Court: USDC Idaho, Judge: Nye, Filed On: October 27, 2023, Case #: 1:23cv315, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Procedure, Constitution, Lgbtq
J. Newsom vacates the prior panel opinion issued in the case and substitutes the instant opinion finding that the district court improperly ruled in favor of the school resource officer in a malicious prosecution action brought by a mother after the officer caused her to be arrested for child cruelty for failing to pick her 17-year-old son up promptly after school due to her work schedule. The mother spent four days in jail but the charges against her were eventually dismissed. The officer made material omissions in her affidavits in support of the charges, including omitting her knowledge that the son had chosen to stay at the school instead of transferring to another school with better transportation options. No reasonable officer could have believed that probable cause existed to arrest the mother for child cruelty, therefore the officer is not entitled to qualified immunity. Reversed.
Court: 11th Circuit, Judge: Newsom, Filed On: October 27, 2023, Case #: 22-11141, Categories: Malicious Prosecution, Immunity