187 results for 'filedAt:"2023-05-24"'.
J. Stratton finds the trial court improperly found in favor of the tax auditor, awarding him over $425,000 on his claim that the administration retaliated against him for filing an internal complaint with its equal opportunity office. The court erred in admitting evidence of activity occurring before the office complaints were filed. Admission of the first complaint and supplement, which as a matter of law was not a complaint about retaliation, was also prejudicial against the administration. Reversed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: May 24, 2023, Case #: B309007, Categories: Evidence, Employment Retaliation
J. Fleming grants the employer's motion to intervene, ruling that because the fired employee's claims regarding the coworker's breach of a commission agreement are directly related to whether the employer was contractually allowed to fire the employee, it has a legitimate purpose to be included in the suit. Therefore, because the request was made in a timely manner and the lawsuit has hardly progressed since being filed, the employer will be included in the case moving forward.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: May 24, 2023, Case #: 1:22cv638, NOS: Other Contract - Contract, Categories: Civil Procedure, Employment, Contract
J. Johnson finds that the trial court should not have dismissed a worker's slip and fall claim against his employer and homeowner after he fell from the roof of a house when stepping on a paper covering placed on the roof. There is a genuine issue of material fact as to whether the homeowner owed a duty to the worker and whether the homeowner ordered unreasonably dangerous paper for the project. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson , Filed On: May 24, 2023, Case #: 22-CA-509, Categories: Negligence, Contract
J. Ortega finds the juvenile court properly ruled that the Department of Human Services failed to prove the mother was unfit to parent her three children. While the mother's "longstanding conduct of emotional dysregulation in front of -- and at times toward -- her children is harmful, under these circumstances -- and on this record -- it does not present a risk of the type of seriously detrimental harm to the children that justifies or requires termination of mother's parental rights." Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: May 24, 2023, Case #: A178519, Categories: Family Law
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J. Greer finds that a young child was properly removed from the care of her mother, who had been arrested for pointing a gun at a woman through her vehicle’s passenger window and sunroof while the child was in the car. Later, she left the loaded gun near her child. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: May 24, 2023, Case #: 23-0464, Categories: Family Law
J. Virden finds the trial court improperly entered summary judgment in favor of certain tenants who claim the apartment management breached lease agreement covenants, creating and maintaining “a [mold] nuisance in the common areas of the apartment complex.” There is no evidence on record that three tenants in this suit paid rent, signed a lease or otherwise could state a claim. As to other, valid tenants, previous holdings by the Arkansas Court of Appeals have established that a circuit court errs when it grants summary judgment on a breach-of-contract claim when proof of causation was lacking. Nominal damages may be recovered “for a breach of contract unaccompanied by any actual damage,” according to prior guiding cases, which is sufficient to preclude summary judgment. Affirmed in part. Reversed in part and remanded.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: May 24, 2023, Case #: CV-20-628, Categories: Landlord Tenant, Damages, Contract
J. Greer finds that a father's parental rights were properly terminated since he had not seen his child in over a year and refused to participate in substance abuse or mental health services. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: May 24, 2023, Case #: 23-0589, Categories: Family Law
J. Hollander denies a pharmacist his motion for partial summary judgment before discovery following the criminal prosecution of his former employer, a pharmacy owner, who submitted false claims to Medicare and TRICARE and a created a kickback scheme. However, because multiple documents remain sealed from the criminal trial, the pharmacist cannot prove himself as an original source of information, which the owner contests, so summary judgment cannot be awarded.
Court: USDC Maryland, Judge: Hollander, Filed On: May 24, 2023, Case #: 1:17cv2335, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Medicare, Discovery, False Claims
J. Nagala grants the parents' motion to remand to the Connecticut Superior Court, ruling this court lacks jurisdiction over their suit against the social media platforms because the plaintiffs and the individual defendants are based in Connecticut. Although Meta Platforms argues the individual defendants who sexually assaulted the social media user were misjoined to the action to prevent removal to this court, there is no egregious conduct on the part of the parents, while the individual defendants' actions are at least somewhat related to the claims against the social media platforms.
Court: USDC Connecticut, Judge: Nagala, Filed On: May 24, 2023, Case #: 3:23cv284, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Jurisdiction
J. Gwin finds the lower court properly terminated the mother's parental rights and granted custody of her children to family services. Her refusal to take prescription medications or change various behavioral issues prevented her from being able to care for the children within a reasonable amount of time. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: May 24, 2023, Case #: 2023-Ohio-1755, Categories: Evidence, Family Law
J. Walker finds that the lower court properly applied the Joint Tortfeasor Contribution Act to set off a portion of the employees' settlement with their employer against a potential judgment in a different case. The court reasonably found that if the employees obtained a judgment against the car rental company in the different case, it would be entitled to a setoff of 30 percent of the total settlement. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: May 24, 2023, Case #: 2201018, Categories: Tort, Damages
[Consolidated.] J. Rickman finds that the trial court properly dismissed the client's legal malpractice claims arising from advice that the client file for bankruptcy and properly found in favor of the attorney. The claim was barred by the statute of limitations. However, the trial court improperly denied the law firm's motion to dismiss the client's claims for breach of contract. The claim was duplicative of the legal malpractice claim. Reversed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: May 24, 2023, Case #: A23A0410, Categories: Legal Malpractice, Contract
J. D’Alessandris grants U.S. Bank’s motion for summary judgment in this appeal for a discrepancy of over $1.5 million in reimbursements for transportation services provided to the Department of Defense which were discovered due to a software platform upgrade necessitating a reconciliation of payments on the existing platform. U.S. Bank has established entitlement to some number of the unreimbursed payments on the account but not the specific amount. Further proceedings are to be scheduled.
Court: Armed Services Board Of Contract Appeals, Judge: D’Alessandris , Filed On: May 24, 2023, Case #: 62986, Categories: Government, Contract
J. Danilson finds that defendant was properly convicted of second-degree kidnapping after confining his girlfriend to his car because defendant refused to stop his vehicle and physically prevented the victim from leaving his car before assaulting her. Affirmed in part.
Court: Iowa Court Of Appeals, Judge: Danilson, Filed On: May 24, 2023, Case #: 22-0103, Categories: Assault, Kidnapping
J. Gould finds that the district court improperly denied defendant's habeas corpus petition challenging his conviction and 10-to-25-year sentence for second-degree murder. Defendant showed that his attorney's decision to waive closing argument was not based on strategy and that he was prejudiced by his counsel’s waiver. Reversed.
Court: 9th Circuit, Judge: Gould, Filed On: May 24, 2023, Case #: 22-15557, Categories: Ineffective Assistance, Murder, Sentencing
J. Thyer finds the circuit court properly found the decedent’s illegitimate daughter to be an undisputed heir to his estate. The 180-day time limit for the daughter to file a claim was satisfied because the power of attorney acknowledging decedent’s paternity was executed prior to his death. She asserted a claim in a court of competent jurisdiction, satisfying a qualifying condition of the relevant statute. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: May 24, 2023, Case #: CV-22-270, Categories: Wills / Probate, Due Process
J. Markle finds that the trial court improperly ruled in favor of the individual in a negligence action brought by the injured driver arising from a car collision. The trial court incorrectly found that there was a valid settlement agreement between the parties. There is no evidence that the injured driver's alleged acceptance of the settlement was communicated to the individual's counsel. The communications between the firm the injured driver initially hired to represent him and the individual's counsel would not have led the individual's counsel to believe the firm had accepted the counter offer. Vacated.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 24, 2023, Case #: A23A0587, Categories: Settlements, Negligence
J. Gravois finds that the trial court properly denied defendant's motion to suppress evidence on his guilty plea to possession with the intent to distribute marijuana. Defendant's arrest was legal because there was reasonable suspicion to stop him because the arresting officer approached a small group of people in a park under construction at night and smelled marijuana. Defendant then showed the officer approximately two grams of marijuana. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 24, 2023, Case #: 22-KA-499, Categories: Drug Offender, Evidence
J. Tabor finds that defendant was properly sentenced to a suspended 10-year sentence for first-degree theft based on his guilty plea to taking the victim's belongings after holding him up at gunpoint, as defendant was not entitled to deferred judgment. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: May 24, 2023, Case #: 22-0931, Categories: Sentencing, Theft
J. Walker finds that the lower court properly dismissed a class action against the insurer for violating the Illinois eavesdropping statute. The insured was not a party to the conversation between its attorney and the insurer, so the insurer's recording of its conversation with the attorney did not injure the insured. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: May 24, 2023, Case #: 220601, Categories: Communications, Class Action
J. Blake partially denies Costco’s motion for summary judgment following allegations of negligence when a customer injured his shoulder trying to lift a heavy grill into his pickup truck. He employed the help of a staff member, but when the customer said to lift on the count of three, the staff did not move his end of the grill, causing the injury. At this stage, Costco’s duty of care cannot be summarily denied.
Court: USDC Maryland, Judge: Blake, Filed On: May 24, 2023, Case #: 1:20cv664, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence
J. Gruber finds the circuit court properly granted summary judgment to the niece who had alleged that her aunt breached multiple duties as the sole trustee of two educational trusts. The niece argues that the order does not specifically mention pre- or postjudgment interest, but that the interest rate is part of the order directing the trustee to comply, stating that the trustee must transfer $250,000, “valued at the day of grantor’s death.” The trustee never argued a specific rate should be applied. The court did not err as a matter of law in ordering the trustee to transfer the amount plus interest at 6% per annum from the date of the grandmother’s death. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: May 24, 2023, Case #: CV-21-35, Categories: Trusts, Wills / Probate, Contract
J. Doyle finds that the trial court properly awarded primary physical custody of two children to the mother. The trial court did not commit any error when it stated that the father had lied to the court or when it limited his attempts to present evidence relating to one child's sexual assault outcry. The trial court explained that it did not find the father to be credible based on evidence that he had coached the children regarding the allegations of sexual assault. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 24, 2023, Case #: A23A0008, Categories: Family Law
J. Limbaugh partially denies Makita's motion to dismiss a product liability suit alleging it fails to put an expiration date on its bonded abrasive wheels used to cut metal and concrete. The consumer need not plead his specific purpose for purchasing the product to sue under the Missouri Merchandising Practice Act, and he sufficiently pleaded damages. However, the consumer failed to comply with the notice requirements to make a claim for breach of implied warranty.
Court: USDC Eastern District of Missouri, Judge: Limbaugh, Filed On: May 24, 2023, Case #: 1:22cv79, NOS: Tort Product Liability - Real Property, Categories: Product Liability, Warranty
J. Kuntz dismisses a putative class action securities fraud action brought by investors alleging Ericsson, a multinational telecommunications company based in Sweden, defrauded investors and made false and misleading financial statements related to its recent operations in Iraq. An internal investigation, later obtained by the International Consortium of Investigative Journalists, found the company used illegal methods to secure lucrative contracts in the country, which included the use of bribes, sham contracts and kickbacks and in one case paying ISIS for access to transportation routes through ISIS-held territory. The investors’ claims fail to allege the company acted with conscious recklessness.
Court: USDC Eastern District of New York, Judge: Kuntz, Filed On: May 24, 2023, Case #: 1:22cv1167, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Tabor finds that defendant was properly denied ineffective relief from his conviction for burglary, domestic abuse assault, and other charges, because counsel was not bound to mention sex offender treatment as a potential consequence of the plea bargain because defendant did not plead guilty to a sexually motivated crime. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: May 24, 2023, Case #: 22-0523, Categories: Ineffective Assistance, Sentencing, Plea