150 results for 'filedAt:"2023-05-25"'.
Per curiam, the appellate division finds that the lower court properly found for the city police department, which denied the applicant's request to be appointed as a probationary police officer. It is not arbitrary and capricious for an agency to provide no reason for its exercise of discretion in hiring decisions. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 25, 2023, Case #: 02831, Categories: Employment
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J. Skretny finds for the IRS in claims contending an employee had been denied accommodations for irritable bowel syndrome and Crohn's Disease and was ultimately fired because the employee failed to counter the IRS's contention that the employee had been fired for attendance issues. Meanwhile, the employee had been denied full-time telework accommodations before the Covid-19 pandemic struck, and thus that refusal is not comparable to the current matter.
Court: USDC Western District of New York, Judge: Skretny , Filed On: May 25, 2023, Case #: 1:20cv951, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment
J. Webb finds the trial court properly convicted defendant for five counts of the rape of his minor stepson, sentencing him to five concurrent life terms in prison. He contends that the court’s denial of a continuance prevented him from obtaining his own DNA expert to challenge the state’s supplemental DNA report; but the record does not show that a continuance was ever requested. No prejudicial error is found. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb, Filed On: May 25, 2023, Case #: CR-22-484, Categories: Evidence, Sex Offender, Child Victims
J. Martin finds that the lower court improperly held the village in contempt for alleged violation of a court injunction prohibiting it from interfering with the property owners rights. The court improperly shifted the burden of proof to the village without the property owners first meeting their burden of showing the village infringed on their property rights. Vacated.
Court: Illinois Appellate Court, Judge: Martin, Filed On: May 25, 2023, Case #: 211580, Categories: Contempt, Property, Sanctions
J. Boulee denies the driver's motion to transfer venue of a negligence action brought by the injured individual to the middle district of Florida. The convenience of witnesses and the location of documents do not support a finding that the action, which arises out of a car collision, should be transferred. The collision at issue also occurred entirely in the northern district of Georgia.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: May 25, 2023, Case #: 1:22cv3760, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Venue
J. Swartzle finds that an insurance company was improperly granted summary judgment in claims contending plaintiff received robocalls because mobile phone users may qualify as residential telephone subscribers under the telephone consumer protection act.
Court: Michigan Court of Appeals, Judge: Swartzle, Filed On: May 25, 2023, Case #: 360506, Categories: Communications, Privacy
J. Soto finds a lower court erred in a convoluted foreclosure dispute. In the court’s first opinion in this dispute, it found a debt receiver had not established that a company facing foreclosure was a “subsidiary” of World Class Capital Group — a company owned by Nate Paul, a real-estate investor involved in the ongoing impeachment inquiry into Republican Texas Attorney General Ken Paxton — and therefore that the receiver could not settle the foreclosure to address the debt. In this second opinion, the appellate court asks the trial court to reconsider the “authority” of the receiver in this foreclosure. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: May 25, 2023, Case #: 08-22-00225-CV, Categories: Civil Procedure, Debt Collection, Property
J. Hood finds that an insurer was properly denied summary judgment after a driver was injured in a car collision and her physical therapy provider was awarded no-fault benefits, costs, and attorney fees. The no-fault act did not require the provider to administratively appeal the insurer's utilization review through procedures in MCL 500.3157a and Michigan Administrative Code R 500.65. Affirmed.
Court: Michigan Court of Appeals, Judge: Hood, Filed On: May 25, 2023, Case #: 362094, Categories: Civil Procedure, Insurance
J. Bogardus finds a lower court ruled correctly in denying a motion to compel arbitration brought by a hospital and representatives after they were sued for alleged wrongful death and negligence. The hospital argued that the son of a deceased patient had signed an arbitration agreement, but the hospital has not shown that other parties in this case should be bound by that agreement — and even if they were, the hospital has not shown “clearly and unmistakably” that “gateway issues of arbitrability are to be decided by an arbitrator, rather than the district court.” Affirmed.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: May 25, 2023, Case #: A-1-CA-39835, Categories: Arbitration, Negligence, Wrongful Death
J. Womack finds the trial court properly convicted defendant for murder. Defendant was observed stabbing the victim by witnesses on a two-day long excursion involving the acquisition of drugs, firearms and owed money. The arrest was made and evidence was gathered with the help of the witnesses. Certain claims of error are not preserved and are subject to no exceptions. Defendant was not prevented from testifying about the victim’s past and self-defense instructions were properly given to the jury. All evidence was properly admitted, and defendant’s habitual offender status was properly applied at sentencing. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack, Filed On: May 25, 2023, Case #: CR-22-498, Categories: Evidence, Murder, Sentencing
J. Alito finds that the circuit improperly ruled in claims between property owners and the EPA because the clean water act applies only if wetlands blend or flow into neighboring water that constitutes a channel for interstate commerce. Reversed.
Court: US Supreme Court, Judge: Alito, Filed On: May 25, 2023, Case #: 21-454, Categories: Commerce, Environment, Property
J. Wise finds that the trial court improperly granted summary judgment to the insurance agent parties on allegations they failed to timely submit insurance claims, causing a family $2 million in damages. The evidence raises a fact issue as to whether the agent had a duty to submit the claims. Reversed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: May 25, 2023, Case #: 14-21-00708-CV, Categories: Insurance, Negligence, Contract
J. Schiltz dismisses the minor and her mother’s suit related to burns the minor sustained when a minivan in a Walmart parking lot caught fire and the fire spread to a car where the minor was sleeping. The retailer’s policy of allowing travelers to sleep in its lots does not turn its parking lots into “recreational camping areas” under a Minnesota law regulating such areas, and the minor and her mother have not shown that doing so created a nuisance or that the burns were the result of the retailer’s negligence.
Court: USDC Minnesota, Judge: Schiltz, Filed On: May 25, 2023, Case #: 0:22cv1584, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, Negligence, Premises Liability
J. Pillard upholds the tax court's finding for the IRS on an individual's challenge to the whistleblower office's refusal to grant him a whistleblower award for reporting on a company. Although the IRS ordered the company to pay tax adjustments, these were unrelated to the issues on which the individual had reported. Affirmed.
Court: DC Circuit, Judge: Pillard, Filed On: May 25, 2023, Case #: 22-1006 , Categories: Tax, Whistleblowers
J. Lewison finds a lower court properly awarded damages to a business associate over contract claims against the seller of a villa. The seller of the villa argued that he was entitled to sell the property to a third party. However, the business associate presented sufficient evidence in court that the seller of the villa agreed to swap the property for a yacht. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: May 25, 2023, Case #: CA-2022-1763, Categories: Property, Contract
J. Lorello dismisses this appeal of a decision of the district court, on intermediate appeal from the magistrate court, affirming an order for involuntary commitment. A physician reported that the subject, who weighed only 90 pounds at six feet tall, had “one leg swollen with maggots” and had not bathed in months at the direction of “voices.” Examiners certified that he was disabled by schizophrenia and that he refused hospitalization. He has not established a reasonable expectation that the alleged error that he consistently refused treatment will reoccur. His involuntary commitment has terminated, rendering moot the issues on appeal.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: May 25, 2023, Case #: 49496, Categories: Health Care, Commitment