188 results for 'filedAt:"2023-07-06"'.
J. Contreras finds that the lower court properly dismissed this business disparagement lawsuit brought by a children's daycare facility, alleging that the appellees "made false accusations of abuse." Contrary to the facility's argument, the Texas Citizens Participation Act applies to the suit, which involves communications that relate to a public concern. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: July 6, 2023, Case #: 13-22-00452-CV, Categories: Anti-slapp, Civil Procedure, Business Practices
J. Diaz finds the immigration board improperly determined that the Pakistani businessman could live in a new area of Pakistan without fear of reprisal from the Taliban. The businessman sold supplies to U.S. service members in Afghanistan, resulting in the Taliban threatening his life. The government believed that he would be safe because, after being threatened, he survived several weeks in Islamabad before seeking asylum in America. His brief sojourn to Islamabad - where he never left the house - doesn’t rebut the presumption that a notorious terrorist organization continues to imperil his life. Reversed.
Court: 4th Circuit, Judge: Diaz, Filed On: July 6, 2023, Case #: 22-1026, Categories: Immigration, Terrorism
J. Fisher finds that this appeal from the decision unilaterally changing child placement to foster care to allow evaluations of parties seeking adoption should be dismissed as moot because the mother surrendered her parental rights, which allowed the child to be freed for adoption by a friend who long provided care.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: July 6, 2023, Case #: 534427, Categories: Civil Procedure, Family Law
J. Newsom finds that the district court improperly sentenced defendant to 60 months in prison after his guilty plea to being a felon in possession of a firearm. The district court incorrectly found that defendant's earlier youthful-offender adjudication for robbery constituted an adult conviction under the meaning of the applicable guidelines provision. Defendant was 16 years old when he committed the robbery offense and Alabama law does not treat youthful-offender adjudications as convictions. The youthful-offender system differs from the adult system in substance and procedure and the two cannot be conflated. Vacated.
Court: 11th Circuit, Judge: Newsom, Filed On: July 6, 2023, Case #: 22-10502, Categories: Firearms, Sentencing
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J. Mooney finds the trial court erred in granting summary judgment to the city where an individual slipped and fell, injuring herself. Issues of material fact exist about the individual's use of the trail. Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: July 6, 2023, Case #: A177242, Categories: Government
J. Christiansen Forster finds that the trial court erred in dismissing a county commissioner's defamation and invasion of privacy complaint against other commissioners and a county employee who accused him of sexual harassment. Sufficient facts supported the claims and governmental immunity does not shield individuals accused of willful misconduct. However, governmental immunity was properly applied to the dismissal of the same tort claims against the county. Reversed in part.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: July 6, 2023, Case #: 20200296-CA, Categories: Immunity, Defamation, Privacy
J Kamins finds the trial court erred in admitting evidence used to convict defendant of driving while suspended. “A momentary and minor deviation over a lane line is not a violation.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: July 6, 2023, Case #: A176593, Categories: Evidence
J. Zamora finds the New Mexico Public Regulation Commission didn’t err when it denied an application from a utility company seeking to abandon interest in a power plant. The utility company had not fully complied with rules governing such abandonment, and the commission’s decision was therefore not arbitrary or capricious. Affirmed in part.
Court: New Mexico Supreme Court, Judge: Zamora, Filed On: July 6, 2023, Case #: S-1-SC-39138, Categories: Administrative Law, Energy, Government
J. Kumar grants the county's motion to dismiss an action brought by brothers against a former detective and a polygrapher for their role in investigating the rape and murder for which the brothers were wrongly convicted and served 25 years in prison. The brothers accepted $1.2 million each under Michigan’s Wrongful Imprisonment Compensation Act. The statute does not allow those who have received awards to sue the state or its political subdivisions in federal court.
Court: USDC Eastern District of Michigan, Judge: Kumar, Filed On: July 6, 2023, Case #: 4:22cv12879, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure
J. Dysart finds that defendant was properly convicted of second degree murder, obstruction of justice, and possession of a firearm by a convicted felon. Defendant does not show that he was acting in self-defense when he shot the victim. Further, a crime camera video shows that the victim was not in possession of a gun, and the autopsy report indicates that eight of the twelve bullets that hit the victim were fired into the victim's back and that all of the bullets were from the same gun. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: July 6, 2023, Case #: 2022-KA-0742, Categories: Evidence, Murder, Self Defense
J. Stanton dismisses all but one claim against the Irish airplane leasing company brought by an American airline, alleging that the leaser invented a breach of contract because the Covid-19 pandemic made their deal less profitable. The evidence shows that the leaser was consistently willing to negotiate a delay in aircraft deliveries due to the flight interruptions caused by the pandemic, and the airline did not have good cause to believe the leaser would not perform under the terms of the contract.
Court: USDC Southern District of New York, Judge: Stanton, Filed On: July 6, 2023, Case #: 1:20cv9713, NOS: Other Contract - Contract, Categories: Business Expectancy, Contract
Per curiam, the Supreme Court of Ohio finds the inmate's failure to raise any argument in his appeal regarding his mandamus claim against the parole board renders the claim abandoned. Meanwhile, the lack of any claim the parole board exercised judicial power when it based its parole decision, at least in part, on the inmate's alleged paternity of the child of his rape victim, forecloses any chance of success on his petition for a writ of prohibition. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 6, 2023, Case #: 2023-Ohio-2263, Categories: Criminal Procedure, Parole
J. Benavides finds that the lower court properly terminated the parental rights of the mother and the father to the child. Contrary to their argument on appeal, the lower court had jurisdiction in the case, as it extended the mandatory dismissal deadline. Additionally, the evidence sufficiently supports the best interest finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: July 6, 2023, Case #: 13-23-00032-CV, Categories: Civil Procedure, Family Law
Per curiam, the appellate division finds that Jack R.T. Jordan shall be disbarred from the practice of law in New York after he was disbarred by the Supreme Court of Kansas for repeatedly and baselessly accusing federal judges of lying in a FOIA suit.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 6, 2023, Case #: 03752, Categories: Attorney Discipline
J. Chambers denies the school garage parts supervisor's motion for summary judgment on the remaining count of civil conspiracy in a couple’s civil rights suit claiming the supervisor improperly influenced sheriff deputies’ investigation into missing parts at the bus garage that resulted in their suspension and arrest for embezzlement. The court finds the supervisor is not entitled to qualified immunity since “it is clearly established beyond debate that government employees may not subject individuals to malicious prosecution, false arrest or imprisonment, or unreasonable searches and seizures.”
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: July 6, 2023, Case #: 3:20cv423, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Immunity
J. Kamins finds the trial court properly entered an SPO against an individual. “The record was legally sufficient to permit trial court to conclude that respondent sexually abused petitioner and that she reasonably feared for her safety.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: July 6, 2023, Case #: A179650, Categories: Sex Offender
J. Mead finds that the lower court properly entered judgment on a jury verdict in favor of the media defendants in this false light and defamation lawsuit brought by a police officer and his wife, stemming from the publication of certain news articles. Contrary to the officer's argument on appeal, there was no abuse of discretion in allowing certain testimony from a detective. Affirmed.
Court: Maine Supreme Court, Judge: Mead, Filed On: July 6, 2023, Case #: 2023ME36, Categories: Civil Procedure, Evidence, Defamation
J. Thomson finds a lower court did not err in seating a juror for a murder trial following a post-verdict complaint by defendant regarding alleged bias by the juror. That juror acknowledged during voir dire that he had known a detective involved in the case “for twenty plus years” and admitted it might affect how he viewed evidence in the case, but defendant did not strike the juror despite having the option to do so and therefore waived this issue. Affirmed.
Court: New Mexico Supreme Court, Judge: Thomson, Filed On: July 6, 2023, Case #: S-1-SC-39057, Categories: Fair Trial, Jury, Murder
MJ. Eifert grants and part and denies in part an education board’s motion to compel a couple to respond to its discovery responses, and grants the couple’s motion to compel the board to respond to theirs in the couple’s suit claiming special education teachers abused and neglected their 15-year-old son. The couple must answer the board’s interrogatories on specific dates and times their son’s classmates were mistreated, when one of the teachers inappropriately touched their son and the extent of the his injuries, but are not required to produce any of theirs or his medical records. The board must produce footage of the boy’s classroom and his whereabout In the building each day he attended school.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: July 6, 2023, Case #: 3:22cv592, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Education, Discovery
J. McNulty grants an agency's petition to prevent a cleaning company from firing employees for engaging in union protected activity and to force the company to reinstate two employees. Whether the employees had been let go as part of a reduction of force or as retaliation for union protected activity remains in question, and neither employee had been written up or disciplined for performance issues.
Court: USDC New Jersey, Judge: McNulty , Filed On: July 6, 2023, Case #: 2:23cv2994, NOS: Labor/Management Relations - Labor, Categories: Employment, Labor
Per curiam, the Supreme Court of Ohio finds that while the prison inspector inadvertently sent the wrong documents when the inmate made his initial records request, the lower court properly denied the inmate's request for statutory damages under the Public Records Act. The inspector not only reasonably believed she had satisfied the request, but also provided the correct documents as soon as the mistake was discovered. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 6, 2023, Case #: 2023-Ohio-2266, Categories: Public Record, Damages
J. Wang partially grants the employee's motion for conditional collective certification in a class action brought against the employer alleging that it violated the Fair Labor Standards Act by failing to adequately compensate employees for time worked during meal breaks and by failing to provide bona fide, uninterrupted meal breaks to employees. The employee sufficiently showed that former and current employees were subject to the same decision, policy or plan expecting them to work during their unpaid meal breaks in certain situations. However, conditional certification is limited to the nine states in which the employer's facilities identified in the employee's motion and supporting evidence are located.
Court: USDC Colorado, Judge: Wang, Filed On: July 6, 2023, Case #: 1:21cv3033, NOS: Fair Labor Standards Act - Labor, Categories: Class Action, Labor
J. Richardson grants the defendant employer's summary judgment motion in this lawsuit brought by a former employee under the Americans with Disabilities Act. The employee argues that she was terminated because of her asthma, but she fails to show that "her asthma constituted a disability" under the ADA. Also, she only raised her assertion that it placed her at "heightened risk" in relation to Covid-19 at summary judgment, so that argument will not be considered.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: July 6, 2023, Case #: 3:21cv526, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination