129 results for 'filedAt:"2023-05-23"'.
J. Moorer remands a couple's negligence and warranty case against a timber company and others to state court. The company's removal of the action was untimely, as it was clear from the initial complaint the amount in controversy exceeded $75,000.
Court: USDC Southern District of Alabama, Judge: Moorer, Filed On: May 23, 2023, Case #: 1:22cv516, NOS: Tort Product Liability - Real Property, Categories: Negligence, Jurisdiction, Warranty
J. Kindred grants the state's motion for summary judgment regarding an individual's personal injury claims stemming from a standoff with state troopers. The individual was found slumped over in his truck with a pistol in his lap an an open alcoholic beverage. In trying to get the individual to exit the truck, the troopers tossed a stinger grenade inside, resulting in a fire which caused third-degree burns to the man's legs. The individual "chose to file suit directly against the State and chose to assert state law claims from which the State is immune."
Court: USDC Alaska, Judge: Kindred, Filed On: May 23, 2023, Case #: 4:21cv6, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort
J. Patricco denies in part an employer's motion for summary judgment regarding an employee's wage claims and allegations of breach of contract. There is a genuine dispute of material fact as to whether the employee's transition plan was a contract and the related Wage Claim Act claim continues.
Court: USDC Idaho, Judge: Patricco, Filed On: May 23, 2023, Case #: 1:22cv82, NOS: Other Labor Litigation - Labor, Categories: Employment
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Mazzant awards the guitar maker $1,248 in net profits and $9,176 in attorney fees on its post-verdict claim of contempt against the competitor that was still selling infringing guitars in violation of the permanent injunction against it.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: May 23, 2023, Case #: 4:19cv358, NOS: Trademark - Property Rights, Categories: Sanctions, Trademark, Attorney Fees
[Consolidated]. J. Erickson finds a lower court properly sentenced two defendants to 240 months in prison for Hobbs Act robbery, but improperly convicted them for commission of murder during a crime of violence. The government argued that the defendants were not entitled to a motion to suppress evidence based on their "rubber stamp" theory, and that the murder conviction should move ahead because the defendants shot and killed the homeowner, who maintained a "very impressive video surveillance system." However, the defendants presented sufficient evidence in court that their only intention was to knowingly possess firearms to forcibly to steal money and drugs from the residence. Affirmed in part.
Court: 8th Circuit, Judge: Erickson, Filed On: May 23, 2023, Case #: 21-2469, Categories: Evidence, Murder, Robbery
J. Thurston denies a farm labor contractor’s motion to exclude an expert witness and decertify a class on a worker’s wage claims. Contrary to the contractor's argument, the worker's expert testimony, which is based, in part, on data submitted by the contractor, is reliable.
Court: USDC Eastern District of California, Judge: Thurston, Filed On: May 23, 2023, Case #: 1:15cv1489, NOS: Other Labor Litigation - Labor, Categories: Experts, Class Action, Labor
J. Bilbrey grants the statewide guardian ad litem office review of the trial court's refusal to strike a caregiver's objection to efforts to reunify the dependent child with the mother because the court departed from essential requirements of law. The caregivers may be heard in opposition as participants, not as parties to the action.
Court: Florida Courts Of Appeal, Judge: Bilbrey, Filed On: May 23, 2023, Case #: 1D23-0073, Categories: Family Law, Guardianship
J. Pietsch finds the Board of Veterans Appeals improperly denied the Air Force vet’s initial compensable disability rating for allergic rhinitis and service connection for sinusitis, headaches and diabetes. The decision didn’t provide a required general statement, failing to correctly identify evidence it did not consider in its decision. The general statement must accurately inform the claimant why evidence was not considered and of what options are available for having it considered. The board did not consider evidence submitted during the period between the original decision and the notice of disagreement, and provided a misleadingly inaccurate general statement informing the vet that it did not consider only evidence received after the 90 days following the notice. This prejudiced the veteran. Remanded.
Court: Court Of Appeals For Veterans Claims, Judge: Pietsch, Filed On: May 23, 2023, Case #: 20-6853, Categories: Health Care, Veterans, Due Process
J. Mayle finds the trial court properly granted permanent custody of a pair of twins to family services. The mother does not have an adequate bond with the children and made numerous false accusations against the foster parents, under whose care both children have thrived. The mother also refuses to maintain stable housing despite being employed, and, therefore, is unable to provide a safe environment for the children. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: May 23, 2023, Case #: 2023-Ohio-1732, Categories: Evidence, Family Law
J. Mentel finds the lower court properly granted family services' motion for permanent custody of the child. Neither parent obtained permanent housing after the child was placed in foster care, the parents did not interact appropriately with the child during visitation, and neither could prove their sobriety during their case plan, all of which proved they could not provide a safe and stable environment for the child, who had developed a strong bond with her foster mother. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mentel, Filed On: May 23, 2023, Case #: 2023-Ohio-1721, Categories: Evidence, Family Law
J. Delaney finds the lower court properly granted permanent custody of the child to family services. Although the mother made some progress on her case plan, she was arrested and pleaded guilty to child endangerment at the outset of the case, was arrested for DUI shortly thereafter, had numerous inappropriate relationships with partners who had violent histories and criminal records, and also refused to complete domestic violence treatment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: May 23, 2023, Case #: 2023-Ohio-1731, Categories: Evidence, Family Law
J. Richman finds the district court properly granted summary judgment to the city in this suit brought by a DWI arrestee claiming false arrest, excessive force, negligence and vicarious liability. The arresting officer responded to a 911 call reporting an intoxicated driver. He observed the vehicle crossing lines and striking a curb before pulling it over to discover the driver with her minor children in the car. Sobriety tests suggested that she was likely impaired, and after the arrest she admitted to taking Xanax and Hydrocodone. Video evidence of the arrest shows that the officers had probable cause. There is no basis for a negligence claim. Because her underlying state law claims were properly dismissed, there is no basis for a vicarious liability claim. Affirmed.
Court: 5th Circuit, Judge: Richman, Filed On: May 23, 2023, Case #: 20-30507, Categories: Civil Rights, Municipal Law, Police Misconduct
J. Johnson finds that the trial court properly denied the petition to involuntarily terminate a father's parental rights. The evidence indicates that the father has shown an interest in being a part of his child's life, and there was no evidence of the foster parents expressing their desires to adopt the child. Further, the evidence shows that it was not in the best interests of the child for the father's parental rights to be terminated. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 23, 2023, Case #: 23-CA-4, Categories: Evidence, Family Law
J. Garcia finds that the appellate division improperly held that a union contract bound the town to arbitrate termination of an exempt, confidential employee because under New York's civil service system, exempt-class employees, who include deputies and secretaries chosen by elected officials rather than assigned by merit, are understood to be at-will workers. Reversed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: May 23, 2023, Case #: 40, Categories: Arbitration, Employment, Labor / Unions
J. Navarro grants the shareholder’s motion to remand this shareholder derivative action removed from state court. The company changed its business model from that of “providing advanced software technology to solve modern energy challenges” to describing itself as “a leading bitcoin mining and diversified energy company.” Ensuing events caused the stock price to fall rapidly, making the basis for this suit. The stockholder’s claims are predicated on Nevada state law, only referencing federal violations as an alternative basis.
Court: USDC Nevada, Judge: Navarro, Filed On: May 23, 2023, Case #: 2:23cv445, NOS: Stockholders’ Suits - Contract, Categories: Securities, Business Practices, Business Expectancy
J. Singas finds that the appellate division properly held that New York City police officers occupying tier three rankings for pension purposes could not apply non-police work performed earlier in their careers to retirement eligibility because retirement and social security law specifies that tier three participants should receive the same service credits as tier two members before July 1976 and should include only time spent on the police force. Affirmed.
Court: New York Court Of Appeals, Judge: Singas, Filed On: May 23, 2023, Case #: 39, Categories: Employment, Pensions
[Consolidated.] J. Shea finds the district court improperly granted the decedent’s children’s motion to strike the estate’s notice of disallowance, granting the personal representative’s motion for summary judgment. Equitable claims, seeking to enforce a contract right, are outside a probate court’s limited subject matter jurisdiction. The court did not have subject matter jurisdiction over the children’s equitable claims, and so it erred by ruling on the personal representative’s motion for summary judgment. Reversed in part. Vacated in part.
Court: Montana Supreme Court, Judge: Shea, Filed On: May 23, 2023, Case #: DA 22-0524, Categories: Wills / Probate, Jurisdiction, Contract
J. Tapp grants a company a preliminary injunction to prevent the U.S. from awarding a contract to a competitor that failed to meet the requirements of the solicitation clause federal acquisition regulation.
Court: Court of Federal Claims, Judge: Tapp, Filed On: May 23, 2023, Case #: 23-443, Categories: Contract
J. Whitman finds the trial court properly found in favor of the utility district in this purported class action alleging that its tiered-rate water structure to determine the cost of water service violates the California Constitution. If notice was required under the Government Claims Act, any of the Act’s time requirements did not extend the statute of limitations applicable to the action seeking refund of allegedly illegal fees. Because the complaint mainly challenges the tiered-rate structure, the validation statute’s shorter statute of limitations governs. Affirmed.
Court: California Courts Of Appeal, Judge: Whitman, Filed On: May 23, 2023, Case #: A163054, Categories: Constitution, Government, Class Action
Per curiam, the Court of Appeals for Veterans Claims grants the Secretary of Veterans Affair’s motion to dismiss the vet’s application for attorney fees brought under the Equal Access to Justice Act after his case was remanded for development. The veteran has not demonstrated an extraordinary circumstance prevented timely filing, so equitable tolling is not warranted.
Court: Court Of Appeals For Veterans Claims, Judge: Per curiam, Filed On: May 23, 2023, Case #: 20-0945(E), Categories: Veterans, Due Process, Attorney Fees
J. Calabrese grants the employer's partial motion to dismiss, ruling the employee's wrongful disclosure claim under the Americans with Disabilities Act fails as a matter of law. The company's questions about her Covid-19 vaccination status, religious beliefs, and past vaccinations were not inquiries used to determine whether she was disabled. Meanwhile, Louisiana law applies to the employee's discrimination claims, which differs from Ohio law through the availability of punitive damages, because she worked and sustained her injuries in that state; therefore, that portion of her suit will also be dismissed.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: May 23, 2023, Case #: 5:22cv2281, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Choice Of Law, Employment Discrimination