164 results for 'filedAt:"2023-08-23"'.
J. Menetrez finds that the juvenile court properly held that a child was a dependent of the court and removed him from his father's custody based on evidence of domestic violence between parents. The expanded statutory duty of initial inquiry only applies where authorities lacked a warrant before taking a child into temporary custody. Affirmed.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: August 23, 2023, Case #: E079972, Categories: Family Law
J. Hoyle finds the trial court properly terminated the mother’s parental rights. A child protection investigation supervisor testified that the mother tested positive for meth, amphetamines and THC, with the child testing positive for drugs at birth and showing eventual withdrawal symptoms. The mother did not make any efforts to complete education, testing or employment services. And the child is found to be thriving in the appropriate, clean, safe and loving foster home. All evidence supports the best interest finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: August 23, 2023, Case #: 12-23-00093-CV, Categories: Evidence, Family Law, Guardianship
J. Johnson finds the trial court properly convicted defendant for aggravated assault against a public servant, sentencing him to 30 years in prison. Defendant failed to preserve error, requesting an instruction for a lesser-included offense of reckless driving after the state had rested and prior to any of his evidence showing that he was guilty only of reckless driving. Defendant did not point to evidence supporting reckless driving as a valid alternative to aggravated assault against a public servant. And, even if the claimed error was preserved, reckless driving is not a lesser-included offense of aggravated assault against a public servant. No evidence showed that defendant was only guilty of reckless driving. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: August 23, 2023, Case #: 09-22-00315-CR, Categories: Evidence, Assault, Vehicle
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J. Soto finds that the trial court improperly denied the employer's motion to compel arbitration in a negligence action brought by the employee arising from injuries she suffered in a workplace accident. The arbitration agreement was not illusory because it contained an effective savings clause prohibiting the employer from making changes to the agreement with regard to previously accrued claims. The notice signed by the employee made her aware of the terms of the arbitration plan. However, the trial court correctly denied the motion to compel arbitration as to the truck owner. The agreement did not give the employee notice that she was agreeing to subject her claims against the truck owner to arbitration. Reversed in part.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: August 23, 2023, Case #: 08-23-00001-CV, Categories: Arbitration, Negligence
J. Castillo finds that the trial court abused its discretion when it awarded a civil harassment restraining order to a homeowners' association president who was not a party to the subject petition for a workplace violence restraining order. The trial court lacked the authority to sua sponte amend the cause of action and petitioning party without providing notice. Reversed.
Court: California Courts Of Appeal, Judge: Castillo, Filed On: August 23, 2023, Case #: D079455, Categories: Restraining Order
J. Torres finds the lower court properly refused to dismiss a doctor from a suit stemming from previous litigation between him and a North Carolina hospital that was removed by the medical practice to Guam following an auction of the doctor’s shares of the practice. The doctor’s constant appeals to different courts are noncompliant with court rules and the court had proper jurisdiction to deny the motion even while those other appeals remained pending. Affirmed.
Court: Guam Supreme Court, Judge: Torres, Filed On: August 23, 2023, Case #: CVA22-3, Categories: Fiduciary Duty, Jurisdiction
J. Springmann rules in part for defendants in claims alleging negligence, emotional distress, and interference with business expectations, in which plaintiff contends his arrest on the hospital campus damaged his reputation and cost him his job, as plaintiff failed to establish his firing was not warranted or that he has been prevented from seeking new employment. However, emotional distress claims may continue because the claim stemmed from the arrest, and a jury should decide whether the arrest had been supported by probable cause.
Court: USDC Northern District of Indiana, Judge: Springmann, Filed On: August 23, 2023, Case #: 2:20cv119, NOS: Other Civil Rights - Civil Rights, Categories: Defamation, Emotional Distress, Business Expectancy
J. Scarsi dismisses without leave to amend the company’s claim that eHarmony’s profile-building questionnaire infringes on the company’s patent titled, “Methods and Systems for Identity Verification in a Social Network Using Ratings.” The company’s patent is ineligible for protection because it does not show any cognizable technological improvement or method that goes beyond what a human can do, which makes it an abstract idea.
Court: USDC Central District of California, Judge: Scarsi, Filed On: August 23, 2023, Case #: 2:23cv2252, NOS: Patent - Property Rights, Categories: Patent
Per curiam, the supreme court finds Jeffrey Murrell suffers from a mental incapacity that at times substantially affects his ability to perform his duties as an attorney, as he stipulates to in an agreement with the attorney oversight board. Under the stipulation's conditions, Murrell is ordered to enter a monitoring program with the Wisconsin Lawyer Assistance Program for three years, get follow-up mental health care as the program dictates and immediately report to the program any contact with police, including arrests or criminal charges. If he does not comply, the board can apply for the suspension of his law license.
Court: Wisconsin Supreme Court, Judge: Per curiam, Filed On: August 23, 2023, Case #: 2023AP001144-D, Categories: Attorney Discipline
J. Emas finds the trial court properly denied Royal Caribbean's motion to dismiss a lawsuit from a passenger who was severely burned while hiking on a volcano in New Zealand which erupted during a shore excursion on the passenger's cruise, one of multiple passengers injured or killed by the eruption. The trial court made no error in deciding that, despite Royal Caribbean's arguments, the contract between the passenger and a separate entity related to Royal Caribbean does not require the passenger's case to be litigated in New South Wales, and Royal Caribbean was not entitled to an evidentiary hearing on the matter. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: August 23, 2023, Case #: 22-1100, Categories: Negligence, Venue
Per curiam, the Seventh Circuit finds that the lower court improperly entered a preliminary order of forfeiture two and a half years after entering a final judgment in this case convicting defendant of producing child pornography. The court did not have the authority to alter a final criminal judgment outside the 14-day time limit, which applies to the entire judgment including any forfeiture provision. Reversed.
Court: 7th Circuit, Judge: Per curiam, Filed On: August 23, 2023, Case #: 22-2424, Categories: Criminal Procedure, Forfeiture, Child Pornography
J. Daniella dismisses a mother’s failure-to-train and wantonness claims against a climbing gym brought after her daughter fell from an indoor climbing wall racing game because she did not safely clip herself into the wall’s auto-belay system. However, a jury is needed to determine whether the the danger was open and obvious, or whether the gym had adequately warned her of the danger, so the family may pursue a premises liability claim.
Court: USDC Northern District of Alabama , Judge: Danella, Filed On: August 23, 2023, Case #: 2:21cv505, NOS: Other - Forfeiture/Penalty, Categories: Negligence, Premises Liability
J. Zipps grants the U.S. Fish and Wildlife Service's motion for summary judgment concerning an environmental group's demand that it protect the Tucson shovel- nosed snake in accordance under the Endangered Species Act. The U.S. Fish and Wildlife Service sufficiently showed in court that group's petition failed to provide a new alternative range for the snake breed in question.
Court: USDC Arizona, Judge: Zipps, Filed On: August 23, 2023, Case #: 4:22cv286, NOS: Environmental Matters - Other Suits, Categories: Environment, Government
J. Rowland grants the Mexican parent's petition to have her child returned to her in Mexico. The child is currently living with the father in the U.S., but per the International Child Abduction Remedies Act, the father illegally kidnapped the child from Mexico and from the mother in July 2021. The father has not shown that the child would be at "grave risk" if returned to Mexico.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: August 23, 2023, Case #: 1:22cv3806, NOS: Other Statutory Actions - Other Suits, Categories: Family Law, International Law, Guardianship
J. Resani finds the lower court properly handled the duties paid by a manufacturer of light-walled rectangular pipe and tube from Turkey. The United States Department of Commerce (Commerce) treated duties collected as normal customs duties and denied the manufacturer’s application for a duty drawback adjustment. Finding no error by Commerce, the instant court sustains the final determination.
Court: Court of International Trade, Judge: Restani, Filed On: August 23, 2023, Case #: 23-125, Categories: Commerce, Trade
J. Resani finds the lower court properly handled the duties paid by a manufacturer of steel concrete reinforcing bar products from Turkey. The United States Department of Commerce (Commerce) treated duties collected as normal customs duties and denied the manufacturer’s application for a duty drawback adjustment. Finding no error by Commerce, the instant court sustains the final determination.
Court: Court of International Trade, Judge: Restani, Filed On: August 23, 2023, Case #: 23-124, Categories: Commerce, Trade
J. Thissen affirms the Court of Appeals' finding that the district court did not abuse its discretion in granting the county's motion seeking to prohibit landowners whose land it sought to condemn for highway improvement purposes from offering evidence about loss of access to the highway being improved in their appeal seeking greater compensation. The lower courts correctly found that since the new highway did not previously exist, the landowners have not been deprived of a right of access to it. Affirmed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: August 23, 2023, Case #: A22-0314, Categories: Government, Property
J. Dale denies the Idaho Department of Health and Welfare's motion to preclude the dissemination of the SIS-A User's Manual to class members. The department is essentially seeking a protective order of the user's manual associated with the budget tool it has been planning to implement for calculating budgets for class members. "By precluding participant access to the User’s Manual upon participants receiving a Budget Notice...the participants will not have the full context of the evidence used to reduce their budgets."
Court: USDC Idaho, Judge: Dale, Filed On: August 23, 2023, Case #: 1:12cv22, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Robinson rules that the parents of a deceased student athlete may pursue wrongful death claims against a former University of San Diego rowing coach, who allegedly demoted the student's position on the team and verbally abused him after he reported that another teammate sexually harassed a group of female students. The parents sufficiently allege that the abusive rowing coach, who was eventually fired from his job, may have contributed to the student's death by suicide.
Court: USDC Southern District of California, Judge: Robinson, Filed On: August 23, 2023, Case #: 3:21cv1703, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Wrongful Death