177 results for 'filedAt:"2023-06-28"'.
J. DeAlmeida finds that the trial court properly dismissed claims contending municipal officials improperly assessed residential property for taxes. The complaint cannot be changed to seek monetary damages against the tax assessor, and since the complaint is a thinly veiled tax appeal, it is time-barred. Affirmed.
Court: New Jersey Appellate Division, Judge: DeAlmeida , Filed On: June 28, 2023, Case #: A-0603-21, Categories: Civil Procedure, Tax
J. Richardson partially grants the transgender plaintiffs' request for a preliminary injunction in this lawsuit challenging a state law that prohibits minors from receiving certain medical procedures in connection with their gender identity. The plaintiffs contend that the law is unconstitutional, and they have sufficiently shown a likelihood of success on their due process claim, alleging that the law infringes on the parent's right "to direct the medical care of his or her child," as well as their equal protection claim. However, the court also finds that they lack standing to challenge the "ban on surgeries as treatment for gender dysphoria."
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: June 28, 2023, Case #: 3:23cv376, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Health Care
J. Pitman finds that defendant was properly resentenced to 20 years at hard labor on his conviction for manslaughter. Defendant does not present evidence to support his claim of poor health, and the sentence is not excessive based on defendant finding a gun and killing an unarmed victim during a drug fueled altercation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: June 28, 2023, Case #: 55,099-KA, Categories: Sentencing, Manslaughter
J. McFadden finds that the trial court improperly ruled in favor of the hotel on the guest's breach of contract, invasion of privacy, false imprisonment and punitive damages claims in an action arising from the guest's forcible eviction from a hotel room. A genuine issue of fact exists as to whether the guest was entitled to a later check-out time under the terms of the hotel's customer loyalty program. However, the trial court properly found in favor of the hotel on the guest's assault and battery claims based on the actions of police who responded to the hotel's call. Reversed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 28, 2023, Case #: A23A0212, Categories: Privacy, Contract
J. Hudson grants the city's motion for sanctions. The husband hoping to sue the city and his ex-wife following a custody battle, emailed countless harassing, degrading and threatening emails to the ex-wife's counsel.
Court: USDC Eastern District of Virginia, Judge: Hudson, Filed On: June 28, 2023, Case #: 3:22cv745, NOS: Land Condemnation - Real Property, Categories: Malicious Prosecution, Sanctions, Due Process
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J. Boyle finds for those who were injured in certain terrorist attacks that occurred between 2015 and 2017, along with their family members and the families of those killed. They have shown Syria provided support for the attacks and, therefore, is liable for damages.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: June 28, 2023, Case #: 5:20cv230, NOS: Other Statutory Actions - Other Suits, Categories: Terrorism, Damages
J. Ashe denies requests by oceangoing shippers, freight handlers and their insurers to dismiss claims by Goodyear Tire & Rubber Company holding them responsible for water damage to two shipments of processed natural rubber from Thailand and Indonesia to New Orleans. Goodyear alleges that the bales of rubber were damaged during ocean transit and upon being stored outdoors and uncovered at the port of New Orleans. Goodyear has sufficiently alleged that it entered into a contract by email with the foreign carriers for the transport and handling of the rubber. Whether the litigants formed a contract, the terms of that contract and whether fraud is involved are all issues that may be resolved by discovery and possibly further litigation. At the current stage, Goodyear has alleged sufficient facts to state a claim that a contract was formed and breached.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: June 28, 2023, Case #: 2:22cv4561, NOS: Marine - Contract, Categories: Admiralty, Maritime, Discovery
J. Cox finds that defendant was properly convicted of second degree murder. Based on the cell phone data, defendant was with the victim at the time of the crime. Further, video surveillance from a gas station showed that defendant and the victim were together before the murder, and the bullets removed from the body matched another spent casing officers discovered in the back seat of defendant's truck. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: June 28, 2023, Case #: 55,070-KA, Categories: Evidence, Murder
J. Orrick allows some claims to continue in a patent dispute where a solar company alleges a competitor has infringed on its solar panel products. It is plausible at this stage that the company being sued has been aware of its potential infringement since October 2017, but continued to direct its laboratories to test the products using specifications that infringe on patents owned by Tigo Energy.
Court: USDC Northern District of California, Judge: Orrick, Filed On: June 28, 2023, Case #: 3:23cv762, NOS: Patent - Property Rights, Categories: Patent
J. Meyer grants the debt collector's motion to dismiss, ruling the consumer lacks standing to bring a Fair Debt Collection Practices Act claim. She failed to allege she suffered any harm as a result of misleading sets of dates included on collection notices. Although the dates for debt disputes varied between several collection notices, the consumer never attempted to dispute the debt.
Court: USDC Connecticut, Judge: Meyer, Filed On: June 28, 2023, Case #: 3:22cv1621, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Day admits depositions of township officials in claims contending the township wrongly denied the Islamic Society's application to build a mosque, then instructed witnesses not to respond to questions and blocked inquiries into a related settlement. Counsel for the officials invoked attorney-client privilege based on conclusory statements that negotiations about the settlement were protected, and deposition transcripts do not contain legal conclusions.
Court: USDC New Jersey, Judge: Day, Filed On: June 28, 2023, Case #: 3:17cv5595, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Municipal Law, Privilege
Per curiam, the appellate division finds that the lower court properly found for the pet-friendly hotel in a tort suit stemming from when a guest was bitten by a nonguest's dog in the lobby. The hotel established it was not aware that the dog posed any danger to guests. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 28, 2023, Case #: 03456, Categories: Tort
J. Garcia finds that the lower court properly terminated the parent-child relationship between a mother and her son. Contrary to the mother's argument on appeal, the evidence sufficiently supports a finding that the child was removed "for abuse or neglect." Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: June 28, 2023, Case #: 05-23-00090-CV, Categories: Evidence, Family Law
J. McFadden finds that the juvenile court properly entered an order finding two children dependent. Sufficient evidence was presented to support the order, including evidence that the father refused to engage with or cooperate with the department and failed to comply with a case plan to reunify the family. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 28, 2023, Case #: A23A0355, Categories: Family Law
[Modified.] J. Streeter changes the case title with no change in judgment. The trial court erred in dismissing a quiet title action as void ab initio. A complaint filed in the name of a nonexistent entity may be cured by amendment if its claim is within the trial court's subject matter jurisdiction. Trial courts have the discretionary power to rule on jurisdictional objections and, therefore, have the power to allow curative amendments for potentially fatal jurisdictional pleading defects. Reversed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: June 28, 2023, Case #: A163903, Categories: Civil Procedure, Jurisdiction, Banking / Lending
J. Ellender finds that defendant was properly sentenced to five years at hard labor on his conviction for negligent homicide. In this case, defendant had been drinking when he caused a head-on collision that killed the other driver. Defendant never stated he was sorry or expressed any type of emotion regarding the victim's death, giving the impression that he was not at fault. Further, defendant received a substantial benefit by the jury’s returning a responsive verdict of negligent homicide, reducing his potential exposure from thirty years to five years. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: June 28, 2023, Case #: 55,143-KA, Categories: Sentencing, Vehicle, Negligent Homicide
J. Carter affirms the Magistrate's decisions regarding discovery orders in this suit alleging misappropriation of trade secrets, breach of contract, tortious interference and unfair competition in relation to the employee's alleged wrongful retention or copying of certain confidential and proprietary information obtained during his employment. There is a factual dispute regarding whether the employee joined a competing business or strictly communicated with it. The court sets aside and refers, for reconsideration, to the Magistrate the issues of the risk management service's motion to compel deposition testimony on communications made during settlement negotiations and the employee's proposed third-party subpoena to the competing business.
Court: USDC Southern District of New York, Judge: Carter , Filed On: June 28, 2023, Case #: 1:21cv3687, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Employment, Trade Secrets, Business Expectancy
J. Bush finds the lower court erroneously determined the employees of a private facility were not state actors and dismissed the estate's deliberate indifference lawsuit in connection with a 15-year-old who died by suicide at the facility. The facility was similar to a prison and exercised authority over juveniles via court-ordered confinement. Reversed.
Court: 6th Circuit, Judge: Bush, Filed On: June 28, 2023, Case #: 22-1487, Categories: Civil Rights, Wrongful Death
J. Eyler agrees with the lower court's decision that a pickup truck driver's appeal of the claim that he intentionally hit a ferry worker with his truck is not delegitimated by the worker's receipt of worker's compensation. The truck driver allegedly rammed the worker and injured him after the worker refused to let him drive onto the ferry due to weight restrictions. The driver fails to provide evidence that the worker, who testified against him, had any financial motive to do so, including receipt of worker's compensation. Affirmed.
Court: The Appellate Court of Maryland, Judge: Eyler, Filed On: June 28, 2023, Case #: C-22-CR-21-000340, Categories: Vehicle, Assault, Workers' Compensation
J. Jorgensen finds the trial court improperly denied defendant's motion to withdraw his sexual assault guilty plea. Due to record inaccuracies and the court's lack of corrective efforts, remand would serve the substantive purpose of requiring postplea counsel to comply with rules and file a new certificate of compliance and conduct new postplea proceedings. Uncertainty as to counsel’s examination of the report of proceedings, consultation regarding potential sentencing errors, and the decision concerning the filing of a motion to reconsider the sentence would be fully developed in new postplea proceedings accompanied by an unrebutted certificate. Vacated.
Court: Illinois Appellate Court, Judge: Jorgensen , Filed On: June 28, 2023, Case #: 2-22-0323, Categories: Sex Offender, Plea, Due Process
[Consolidated.] J. Park finds that the district court properly calculated disgorgement at $64 million in civil enforcement claims regulators brought against an investment adviser after his criminal indictment for insider trading uncovered a decade of thefts from his employer and clients. Precedent and amendments made to the exchange act authorize disgorgement as a remedy, and the sum reasonably approximated profits gained in the wrongdoing. However, any gains on assets that had been frozen must be addressed on remand to evaluate possible relationships to fraud. Affirmed in part.
Court: 2nd Circuit, Judge: Park, Filed On: June 28, 2023, Case #: 21-1686 (L), Categories: Securities, Damages
J. Godbey denies both sides' motions for summary judgment on two exotic dancers' labor claims related to their employee status. There is a dispute of fact regarding whether the dancers were considered employees or independent contractors, as they were required to work a minimum number of shifts each week and participate in stage rotation, but they also set their own schedules and worked for other clubs.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: June 28, 2023, Case #: 3:21cv1636, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Pitman denies the former employee’s motion to dismiss or transfer this case brought by her former employer, a marketing company, claiming breach of contract, tortious interference and computer fraud. The court is not persuaded that “breach of contract/non-solicitation allegations must be brought as counterclaims to employment discrimination claims.”
Court: USDC Western District of Texas , Judge: Pitman, Filed On: June 28, 2023, Case #: 1:23cv627, NOS: Other Statutory Actions - Other Suits, Categories: Contract