174 results for 'filedAt:"2023-05-31"'.
J. Tijerina conditionally grants in part this petition for a writ of mandamus, in which the relators challenge the lower court's jurisdiction over a guardianship proceeding. The proposed ward was not served with citation, thus depriving the lower court of personal jurisdiction over him. Accordingly, the guardianship order is void.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: May 31, 2023, Case #: 13-23-00157-CV, Categories: Civil Procedure, Jurisdiction, Guardianship
J. Cavanagh finds that the trial court improperly granted a driver summary judgment after he hit and injured two people in another car because his insurer’s decision to rescind the policy post-accident did not allow the driver to avoid liability for non-economic damages. Affirmed.
Court: Michigan Supreme Court, Judge: Cavanagh, Filed On: May 31, 2023, Case #: 163116, Categories: Insurance, Damages, Negligence
J. Gladwin finds the circuit court improperly ruled that a mortgage foreclosure was barred by the five-year statute of limitations. A cited case does not conflict with laws surround foreclosure limitations. It addresses only the point at which a foreclosure claim accrues — at the maturity of the debt — and not when the statute of limitations, once the cause of action has accrued, stops running. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: May 31, 2023, Case #: CV-20-508, Categories: Banking / Lending, Foreclosure
J. Gruber finds the trial court properly convicted defendant for two counts of aggravated robbery and theft of property, with firearm sentencing enhancements. Two female pizza shop workers sat in their car after closing when they were robbed at gunpoint by a man who had arrived to the parking lot in a brown SUV. After he left, the women called 911, and when officers arrived, they took them to a location where the perpetrator had already been apprehended. The women ID’d him and his SUV. Surveillance video, as well as other eyewitness accounts supports the proof of defendant’s identity. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: May 31, 2023, Case #: CR-23-5, Categories: Evidence, Firearms, Robbery
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J. Motz finds the lower court properly dismissed the student organization's free speech claims for lack of standing. There is no evidence that the university's bias response reporting team persecuted certain students for expressing unpopular opinions on Virginia Tech's campus. Affirmed.
Court: 4th Circuit, Judge: Motz, Filed On: May 31, 2023, Case #: 21-2061, Categories: Education, First Amendment
J. Bokor finds the trial court erred in part in its summary judgment ruling in a lawsuit between the owners of two neighboring properties over one of them building and maintaining a public roadway on the neighbor's property, prompting the neighbor's suit. Because ambiguities exist in the agreement between the two properties, which is one of several agreements involved with parties developing the marina and waterfront area abutting the properties, the lower court's summary judgment order is reversed as to the suing property owner's fraud defenses but is upheld regarding their other affirmative defenses. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 31, 2023, Case #: 21-0806, Categories: Fraud, Property, Contract
[Consolidated.] J. Boggs finds that the Georgia Lactation Consultant Practice Act is unconstitutional on due process grounds and rules that the trial court improperly found in favor of Georgia's Secretary of State on a due process claim brought by the lactation counselor and nonprofit. The law, which requires lactation care providers to obtain a privately issued certification as an International Board Certified Lactation Consultant for licensure, unfairly blocks providers from practicing their lawful, chosen profession. Reversed.
Court: Georgia Supreme Court, Judge: Boggs, Filed On: May 31, 2023, Case #: S23A0017, Categories: Constitution, Due Process
J. Neeley finds the trial court properly convicted defendant for aggravated robbery, sentencing him to 55 years in prison. Prior conviction enhancements were filed by “Brooks” notice after indictment, to which defendant posed no objection. Though defendant pleaded “not true” to one of the enhancements, due to the incorrect county of conviction being set forth, his objections were overruled as the state’s “amended notice of intent to offer evidence” corrects the error. There is no abuse of discretion in the court’s overruling his objection to the state’s notice of intention. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: May 31, 2023, Case #: 12-22-00109-CR, Categories: Robbery, Sentencing, Due Process
J. Liman confirms the back-pay award to a union employee, plus prejudgment interest on the back pay at 9%. The arbitrator reasonably credited the employee's testimony that he used the racial epithet "nigger" as a term of endearment, not as a racial slur, so the employer did not have cause to fire him.
Court: USDC Southern District of New York, Judge: Liman, Filed On: May 31, 2023, Case #: 1:22cv10994, NOS: Labor/Management Relations - Labor, Categories: Arbitration, Employment
Per curiam, the appellate division finds that the lower court properly dismissed a trip and fall against ConEd. The utility showed that it did no perform work at the location of the alleged street defect. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 31, 2023, Case #: 02905, Categories: Tort
J. Clay finds the district court improperly attributed a higher quantity of drugs to defendant when sentencing him in a drug conspiracy case that involved 17 other defendants. Evidence indicates shows defendant only purchased small quantities of drugs to sell to users but was not involved in the larger trafficking conspiracy. Therefore, his sentence is vacated and the case remanded for resentencing with a proper drug quantity attribution. Vacated.
Court: 6th Circuit, Judge: Clay, Filed On: May 31, 2023, Case #: 21-1521, Categories: Drug Offender, Evidence, Sentencing
J. Mercier finds that the trial court properly denied defendant's motion to suppress the results of a breath test administered after a collision. Defendant was convicted of DUI, serious injury by vehicle and failure to maintain a lane. The trial court correctly found that defendant voluntarily consented to the breath test. Affirmed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: May 31, 2023, Case #: A23A0595, Categories: Dui
J. Banke finds that the trial court properly denied a petition in which the California State Teachers' Retirement System claimed that two limited liability companies it created to buy real property are political subdivisions exempt from documentary transfer taxes. The LLCs do not share CalSTRS's exempt status because LLCs are separate statutory entities. Affirmed.
Court: California Courts Of Appeal, Judge: Banke, Filed On: May 31, 2023, Case #: A163369, Categories: Property, Tax
J. Bumatay finds that the district court properly dismissed an action for failure to state a claim in a matter alleging that police officers used excessive force when they shot and killed an individual who was known to the officers to be homeless and mentally ill, after he pointed a black toy airsoft rifle in their direction. Under the totality of the circumstances, it was objectively reasonable for the officers to believe that the individual posed an immediate threat. Affirmed.
Court: 9th Circuit, Judge: Bumatay, Filed On: May 31, 2023, Case #: 22-15761, Categories: Civil Rights
J. Brown finds the trial court properly granted summary judgment to the redevelopment authority in this suit brought by the purchasers on fraud and breach of contract claims as to the sale, leasing and general repurposing of surplus military base land. The representation made by the trust regarding plans for the land as a historic area were expressions of opinion or predictions of future events, not misrepresentations of material fact. The purchasers failed to provide sufficient evidence that the trust knew the representations to be false at the time they were made, and so the “Delta” exception is inapplicable. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: May 31, 2023, Case #: CV-21-247, Categories: Fraud, Property, Contract
J. Dillard finds that the trial court incorrectly granted the mother's request to limit the father to supervised visitation with the child after denying her request for sole legal custody. The trial court did not abuse its discretion in granting the mother tiebreaker authority as to religious issues or in requiring the father to stop sharing images of the child on social media and submit to regular drug testing in light of his inappropriate behavior and poor judgment. However, the trial court's order contained impermissible self-executing visitation provisions. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: May 31, 2023, Case #: A23A0283, Categories: Family Law
J. Branch finds that the district court properly dismissed the nonprofit's action against the county alleging that it failed to follow a consent decree and violated the Clean Water Act by repeatedly spilling wastewater, including untreated sewage, into surface waters. The district court correctly found that the action was impermissible under the diligent prosecution bar. The EPA and the Georgia Department of Natural Resources have been diligent in continuing to monitor the county's progress and in penalizing it for noncompliance with the consent decree. Affirmed.
Court: 11th Circuit, Judge: Branch, Filed On: May 31, 2023, Case #: 20-13651, Categories: Environment
Per curiam, the Georgia Supreme Court rejects the bar's notice of discipline seeking a public reprimand for attorney Craig S. Bonnell based on his abandonment of a client. It is unclear that a public reprimand would be sufficient discipline for the attorney's violations of the Georgia Rules of Professional Conduct. The attorney violated two rules which have a maximum available sanction of disbarment and two rules with a maximum sanction of a public reprimand. The information available is insufficient to allow for the imposition of discipline at this stage.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: May 31, 2023, Case #: S23Y0123, Categories: Judiciary, Attorney Discipline
J. Doyle finds that the trial court properly convicted defendant of identity fraud and theft by taking. The trial court correctly denied defendant's motions for a new trial and for a directed verdict. A rational juror could have found that defendant was guilty of the charged offenses based on the evidence presented at trial. The trial court did not commit any error by admitting victim impact evidence showing that the loan negatively impacted the victims' previously "excellent" credit score because it was relevant to show why defendant enlisted the victim to apply for the loan. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 31, 2023, Case #: A23A0026, Categories: Fraud, Theft
J. Rodriguez finds a lower court ruled correctly in terminating the parental rights of a mother. The mother argued there was not adequate evidence to support termination, but by the final child-custody hearing the mother had “still not completed her required parenting classes,” and child welfare officials were having “difficulties remaining in contact” with her. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: May 31, 2023, Case #: 08-23-00036-CV, Categories: Family Law, Government, Guardianship
[Corrected.] Per curiam, the court of appeal dismisses this appeal of the court's dismissal of the homeowner's contract counterclaim against her mortgage holder who filed a foreclosure action against her. The court lacks jurisdiction, as the main action is still pending in the trial court.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 31, 2023, Case #: 4D21-2579, Categories: Banking / Lending, Contract
J. Kendall partially denies a bitcoin mining rig manufacturer’s motion to dismiss contract and fraud claims brought against it by bitcoin miners unhappy with its products. The court finds, despite the manufacturer’s assertion otherwise, that it does have subject-matter jurisdiction over the case. However, the court also construes the manufacturer’s claim of improper venue as a motion to compel arbitration and grants it.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: May 31, 2023, Case #: 1:22cv7121, NOS: Other Contract - Contract, Categories: Arbitration, Fraud, Contract
J. Claire recommends denying, in part, a group of individuals’ motion to dismiss a family’s pro se housing discrimination claims. The family has sufficiently stated claims for disability discrimination, ineffective communication under the Americans with Disabilities Act, accessibility of services and due process violations.
Court: USDC Eastern District of California, Judge: Claire, Filed On: May 31, 2023, Case #: 2:22cv1699, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Housing, Due Process