196 results for 'filedAt:"2023-11-08"'.
J. Aiken declines to dismiss the general contractor's complaint alleging that the subcontractor wrongfully submitted project revisions that would substantially increase the amount needed to buy the materials. The parties engaged in extended discovery so there is a substantial likelihood that the general contractor and the subcontractor possess information supporting or undermining the former's claims, so the parties are to schedule a telephonic status conference to discuss the next steps to resolve this case.
Court: USDC Oregon, Judge: Aiken, Filed On: November 8, 2023, Case #: 6:22cv1575, NOS: Other Contract - Contract, Categories: Discovery, Contract
J. Robart grants the metal supplier leave to file an amended complaint adding third-party Clarkwestern Dietrich Building Systems LLC as a co-plaintiff in its lawsuit alleging that the manufacturer infringed on the metal supplier's patents related to fire-blocking devices. ClarkDietrich is a necessary party in this action, because it is an exclusive licensee that has "an interest relating to the subject of th[is] action," and its absence from this case may impede its ability to protect that interest.
Court: USDC Western District of Washington, Judge: Robart, Filed On: November 8, 2023, Case #: 2:23cv918, NOS: Patent - Property Rights, Categories: Patent
[Consolidated.] J. Wicker finds that the trial court properly ordered employees to repay their employer for payroll advances. The owner of the company testified that when the company temporarily stopped work at a plant, she held a meeting with the employees and told them that the company would continue to pay their salaries, but they would have to repay the amounts over time when the company was operational again. The employer submitted documents listing the employee’s actual hours worked, vacation hours used, advanced hours, and deductions for insurance, which were signed by each employee under the provision, "I agree to repayment of advanced hours/insurance as stated." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: November 8, 2023, Case #: 23-CA-76, Categories: Employment, Contract
J. Crouse finds the trial court properly granted the juvenile defendant's motion to suppress statements made to police and the results of a DNA draw in a burglary case. Although he told officers he understood his Miranda rights, the use of force by the officers during his arrest and detainment and his mother's pleas for him to tell the truth constituted coercive behavior that rendered any waiver of the rights involuntary. Affirmed.
Court: Ohio Court Of Appeals, Judge: Crouse, Filed On: November 8, 2023, Case #: 2023-Ohio-4042, Categories: Dna, Juvenile Law, Miranda
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J. Hutchison, upon remand from the Fourth Circuit, answers a certified question concerning how chemical exposure and latent images interact with bodily injury insurance coverage. A contracting firm was sued by former employees, who claimed they developed cancer after working amid dangerous chemicals for decades at its tank maintenance facility. Despite issuing the firm multiple personal injury policies over the period in question, the contractor’s insurer said the workers’ claims were not covered. The court found that, although the policy language was ambiguous, the insurer obligated to indemnify the contractor under the “continuous trigger theory,” which accounts for injuries that may take place over a long period of time.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchinson, Filed On: November 8, 2023, Case #: 22-848, Categories: Insurance, Contract, Workers' Compensation
J. Armstead finds that the lower court properly convicted defendant of sexual assault. Defendant appealed his conviction on the grounds that the jury was not instructed on a lesser charge of attempted sexual assault, and that he was improperly denied a mistrial. The court finds that the evidence did not support the instruction of a lesser charge, and the evidence that established defendant’s guilt weighed heavily against the denial of a mistrial. Affirmed.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead, Filed On: November 8, 2023, Case #: 22-239, Categories: Sex Offender, Assault, Child Victims
J. Aoyagi finds the sentencing court properly included as a special condition of probation that defendant, who was convicted of harassment and domestic violence, must submit to polygraph examinations. “The claim of error is unpreserved, such that we are limited to plain-error review, and we conclude that the error is not plain.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: November 8, 2023, Case #: A177356, Categories: Probation
J. Egan finds the trial court properly committed an individual. “The record contains clear and convincing evidence to support the trial court’s determination that appellant has a mental disorder and that he was a danger to himself and others due to that mental disorder.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: November 8, 2023, Case #: A179698, Categories: Evidence, Commitment
J. Worthen finds the trial court properly confirmed the arbitration award in favor of the medical center in this suit brought by the law firm contracted to collect on unpaid patient accounts. The medical center sold its assets, including the collection contracts, which were not assumed by the purchaser. The purchaser owned the account database and denied the law firm access. The parties agreed to arbitration and the law firm was granted a fee upon account collection, but not upon their sale. The award accorded with the arbitration agreement and the law firm fails to establish that the arbitrator exceeded his powers. There are no grounds for vacatur. The law firm offers no evidence of data falsification. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: November 8, 2023, Case #: 12-22-00124-CV, Categories: Arbitration, Debt Collection, Contract
J. Neeley, in this original proceeding, denies the relator and ex-husband’s request for a writ of mandamus to vacate an order disqualifying his attorney upon the ex-wife and real party in interest’s motion to disqualify. The attorney was retained by the then still-married couple to represent them in a suit involving the husband’s termination as chief operating officer of a grocery store holdings company. During the pendency of this suit, the couple divorced, and the wife intervened in the suit as having a community property interest. The attorney adversely cross-examined the wife upon deposition. As the wife’s former counsel, the attorney is privy to confidential information, giving rise to potential prejudice. The husband fails to demonstrate entitlement to mandamus relief. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: November 8, 2023, Case #: 12-23-00236-CV, Categories: Employment, Property, Contract
J. Lanza partly grants a Latino-based community non-for-profit organization's motion to compel the Republican Party of Arizona to produce documents it has withheld. The organization sufficiently showed in court that it is entitled to view the party's First Amendment privilege log, but not emailed documents concerning donations related auto-generated emails.
Court: USDC Arizona, Judge: Lanza, Filed On: November 8, 2023, Case #: 2:21cv1423, NOS: Voting - Civil Rights, Categories: Elections, Public Record, Privilege
J. Lauber finds for the commissioner of internal revenue in this tax liability dispute because the company's method for making transfer-pricing adjustments is not supported by law.
Court: U.S. Tax Court, Judge: Lauber, Filed On: November 8, 2023, Case #: 2023-135, Categories: Tax
J. Pugh denies a company litigation costs in this tax liability dispute since the position of the IRS was substantially justified.
Court: U.S. Tax Court, Judge: Pugh, Filed On: November 8, 2023, Case #: 2023-134, Categories: Tax
[Consolidated] J. O'Connell grants the Defense Logistics Agency's motion for summary judgment on these consolidated food service contract disputes. The vendor agreed to forfeiture, fines, and restitution totaling $250 million, plus a reconciliation of more than $38 million according to its guilty plea in another matter involving fraud against the U.S. When the agency acquired a known right upon the guilty plea, its assertion of the prior material breach defense did not result in the waiver or forfeiture of its later arising claims.
Court: Armed Services Board Of Contract Appeals, Judge: O'Connell, Filed On: November 8, 2023, Case #: 58958, Categories: Fraud, Government, Contract
J. Wooton reverses in part the lower court's dismissal of the mother's wrongful death suit accusing first responders of failing to provide her instructions on how to provide CPR, and of not dispatching an ambulance to her home after she found her five-week old son unresponsive. Though the mother missed the general two-year statute of limitations to file the wrongful death suit, it could still survive under the minority tolling provision of the Government Tort Claims and Insurance Reform Act or the discovery rule. Reversed in part.
Court: West Virginia Supreme Court Of Appeals, Judge: Wooton, Filed On: November 8, 2023, Case #: 22-202, Categories: Government, Wrongful Death, Discovery
Per curiam, the circuit finds that the district court properly dismissed false arrest claims brought by a freelance journalist who was arrested for riding his bicycle on a major highway while following and reporting on a "Black Lives Matter" demonstration. Probable cause existed to arrest the journalist because municipal law specifically forbids pedestrians and bicycles on highways, and thus he did not suffer "retaliatory arrest" in violation of his first amendment rights. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 8, 2023, Case #: 22-2675-cv, Categories: Civil Rights
J. Chehardy finds that the trial court properly denied defendant's motion to bar the state from challenging jurors opposed to the death penalty due to religious beliefs or declare La. C.Cr.P. art. 798(2)(a) and (b) unconstitutional. In this case, defendant was indicted for the first degree murder of a detective, and the state is seeking the death penalty. The challenged statute is neutral and generally applicable because it does not focus on a particular religion or religion at all and applies to anyone regardless of the source of their death penalty views.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: November 8, 2023, Case #: 23-K-466, Categories: Death Penalty, Jury
J. Quinn finds that the lower court properly terminated the mother's parental rights to her child. Contrary to her argument on appeal, the evidence sufficiently supports the finding as to endangerment, as well as the best interest finding. The record indicates a history of drug use by the mother and shows that the child "tested positive for illegal substances at the time of his birth." Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: November 8, 2023, Case #: 07-23-00290-CV, Categories: Evidence, Family Law
J. Carr finds that defendant was properly sentenced to prison for possession of a controlled substance and OWI, both second offenses, since the lower court endorsed the sentencing recommendation included in the plea agreement. Affirmed.
Court: Iowa Court Of Appeals, Judge: Carr, Filed On: November 8, 2023, Case #: 22-1672, Categories: Sentencing, Dui, Plea
J. Thrash rules in favor of the employer in a breach of contract action brought by the employee alleging violations of the Fair Labor Standards Act based on the employer's alleged failure to pay overtime wages and failure to pay wages on time. The employee's on-call time was predominately for her benefit and is not compensable time under the Act. The employee was able to leave the employer's office, had no physical restrictions placed on her and there is no evidence she ever had to return to the office due to a call. The calls the employee answered while on-call took about 10 minutes per day and that time was made up for by other practices, including the employee's practice of not clocking out for lunch breaks she took at the office.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: November 8, 2023, Case #: 1:22cv3935, NOS: Fair Labor Standards Act - Labor, Categories: Labor