197 results for 'filedAt:"2023-08-24"'.
Per curiam, the Maine Supreme Court finds that the single justice properly determined that the appellant violated the Maine Rules of Professional Conduct and the Maine Bar Rules. The justice's factual findings regarding the appellant's continuing legal education and his representation of a certain client are "supported by competent record evidence." Additionally, the sanctions were not inappropriate. Affirmed.
Court: Maine Supreme Court, Judge: Per curiam, Filed On: August 24, 2023, Case #: 2023ME58, Categories: Evidence, Sanctions, Attorney Discipline
J. Boulee grants the rental company's motion to exclude testimony from a physical and biomedical engineer in an action brought by the employees alleging a claim for negligent bailment arising from injuries they suffered when they fell from a boom lift rented to the employer by the company. The engineer's opinions about the risk of injuries to the employees are not reliable. The company's motion to exclude expert testimony from a mechanical engineer and boom lift inspector is partially granted. The employees withdrew the mechanical engineer as a witness but they will not be unfairly prejudiced if the company calls him as a witness. The inspector may gave opinions as to the pre-delivery and post-delivery inspections of the boom lift.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: August 24, 2023, Case #: 1:19cv1083, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Experts
[Consolidated.] J. VanMeter finds that the lower court improperly admitted evidence of other accidents occurring during use of ladderstands, such as the one from which a hunter fell when the tree strap broke, then failed to instruct the jury to refrain from considering the evidence. Reversed in part.
Court: Kentucky Supreme Court, Judge: VanMeter, Filed On: August 24, 2023, Case #: 2020-SC-0247-DG, Categories: Evidence, Product Liability
J. Lie finds that the trial court was right to deny a motion to suppress the loaded unregistered handgun police found in a search of a juvenile. Probable cause was formed when the juvenile fled as his companions were being detained and patted down. His facial challenge to the constitutionality of the state's firearms licensing scheme fails because he did not show that its enforcement infringes Second Amendment rights in the great majority of cases. Affirmed.
Court: California Courts Of Appeal, Judge: Lie, Filed On: August 24, 2023, Case #: H050112, Categories: Firearms, Juvenile Law, Search
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Upon remand from the Ninth Circuit, J. Nunley dismisses two individuals' action challenging a $20 law enforcement gun release fee and an arrest for illegally possessing a slungshot. They fail to allege the gun release application process utilizes discretionary decision-making or that it was applied in an improper way, while they also fail to show the slungshot is a weapon commonly used for self-defense.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: August 24, 2023, Case #: 2:16cv523, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Civil Rights, Firearms
J. Bade finds that the district court properly entered an order in a multidistrict litigation (MDL) in a case involving product liability from a medical company which makes and markets medical devices, including blood clot filters. For several years, the company defended against product liability lawsuits alleging that its retrievable blood clot filters caused injuries and deaths. The district court’s order requiring common benefit fund assessments in the non-MDL cases was within the scope of the district court’s authority. Affirmed.
Court: 9th Circuit, Judge: Bade, Filed On: August 24, 2023, Case #: 22-15872, Categories: Product Liability
J. Cogburn grants summary judgment to Wells Fargo following allegations of age discrimination brought by a former markets analyst after the bank fired her. The analyst, who was 54 years old, reports that a manager said of her, “She is that old? I thought she was young. God, she is older than me.” Although these comments represent a potential pattern of age discrimination, the analyst fails to show any direct evidence of it. Also, the bank had previously announced a company-wide reduction in the work force to save on labor costs, and it had fired a woman much younger than the analyst in the same position at the same time.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: August 24, 2023, Case #: 3:21cv248, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
Per curiam, the Kentucky Supreme Court finds that attorney Shameka Lynn O'Neil should receive public reprimand for repeatedly speaking over the court and leaving a Zoom meeting in contempt after the court informed her she would not be allowed to withdraw from representing a client.
Court: Kentucky Supreme Court, Judge: Per curiam, Filed On: August 24, 2023, Case #: 2023-SC-0148-KB, Categories: Attorney Discipline
J. Chambers denies, in part, an insurer's motion for summary judgment in a couple's car collision coverage dispute. Questions of fact remain whether the insurer unreasonably delayed making a settlement offer.
Court: USDC Southern District of West Virginia, Judge: Chambers , Filed On: August 24, 2023, Case #: 3:21cv637, NOS: Insurance - Contract, Categories: Insurance, Business Practices, Contract
J. Cogburn grants summary judgment to the North Carolina Department of Public Safety following allegations of medical deliberate indifference and negligence brought by the parents of a man who died of a fungal infection in the department’s custody. The department imposed rigid restrictions on the man, including denying his compassionate release or his ability to hug his family after all involved knew his diagnosis was terminal, tightening his shackles, and taking food from him if he didn’t eat it “fast enough.” Despite all this, the department did nothing out of the bounds of its own policies regarding its treatment of those incarcerated.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: August 24, 2023, Case #: 3:20cv570, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Medical Malpractice, Prisoners' Rights
Per curiam, the appellate division finds that attorney Christopher Gottscho may be reinstated following his September 2022 suspension for failing to meet registration requirements because Gottscho complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: PM-188-23, Categories: Attorney Discipline
J. Longoria finds that the lower court properly denied the father's petition seeking to modify a child support order. The father argued that he was entitled to modification as a result of "his reduced income." However, the lower court did not abuse its discretion when it implicitly found "no material and substantial change" in his circumstances. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: August 24, 2023, Case #: 13-23-00005-CV, Categories: Civil Procedure, Family Law
J. King finds the lower court improperly determined that the charging document mandate, required by an extradition treaty signed by the U.S. and Lithuania, does not require a charging document analogous to an indictment under American law. The Lithuanian accused of white-collar real estate crimes in his home country was only notified of suspicion by the authorities rather than being delivered a charging document listing the exact charges he faced. Reversed.
Court: 4th Circuit, Judge: King, Filed On: August 24, 2023, Case #: 22-6901, Categories: Immigration, Habeas, Extradition
J. Gesner denies summary judgment to the pawn shop owners on their civil rights claims stemming from their arrest and trial for allegedly knowingly buying stolen goods from a customer. The customer was adamant that the owners were unaware that the items were stolen and a jury eventually acquitted the shop owners. The arresting officer is entitled to absolute immunity because the shop owners' claims focus on his grand jury testimony. Also, the owners present no convincing evidence of their claims.
Court: USDC Maryland, Judge: Gesner, Filed On: August 24, 2023, Case #: 1:20cv1208, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Immunity, Police Misconduct
J. Madsen remands a lawsuit back to the lower court regarding a public records dispute in which a nonprofit requested the identities and workplace contact information for public employees. The employees and their unions claimed this would pose a risk to their personal security, and the lower court sided with the union. However, while the case was taking place, the state legislature passed a new law that exempts the requested information from public records requests. So while the lower court properly found that the unions had standing to bring claims for their employees, the matter can now be resolved on a non-constitutional basis and the matter is remanded to apply the new exemption. Affirmed in part.
Court: Washington Supreme Court, Judge: Madsen, Filed On: August 24, 2023, Case #: 101093-1 , Categories: Public Record
Per curiam, the appellate division finds that attorney Thomas Giordano may be reinstated following his September 2022 suspension for failing to meet registration requirements because Giordano complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: PM-187-23, Categories: Attorney Discipline
J. Snauffer finds that the Public Utilities Commission erred in imposing $2.7 million in penalties on several rural telephone companies and denying their petition for rehearing. The companies properly relied on a 2006 Commission decision that laid out the disclosure requirements for public utilities selling company assets. The Commission failed to provide the companies the fair notice required by due process of the disclosure requirements it cited in assessing the penalties.
Court: California Courts Of Appeal, Judge: Snauffer, Filed On: August 24, 2023, Case #: F083940, Categories: Communications, Securities, Due Process
Per curiam, the appellate division finds that attorney Son-U Paik may be reinstated following his January 2014 suspension for failing to meet attorney registration requirements because Paik complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: PM-191-23, Categories: Attorney Discipline
Per curiam, the Fifth Circuit finds the district court properly found in favor of Louisiana State University in this employment sex discrimination suit brought by the female staff attorneys who were terminated as part of a university-wide consolidation. The attorneys failed to identify male employees who were paid more for similar work. The attorneys were also notified of their termination before they filed charges, and there is no causal link between their alleged protected activity and the adverse employment action. Though, testimony on record regarding an email raising gender pay-equity concerns “seem[s] to corroborate... ’ [that a retaliation claim] was objectively reasonable.” This satisfies the attorneys’ burden to show that their salary-review request was a protected activity. Affirmed in part. Reversed in part and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 24, 2023, Case #: 22-30585, Categories: Education, Employment Discrimination, Employment Retaliation
J. Guidry grants a request by a Louisiana-based insurance agency, dismissing the entity from a hurricane-damage suit brought by a suburban New Orleans realty company against a carrier in Ohio. The insured has made no allegation that the agency obtained the wrong type of policy or that it failed to account for a relevant history in making insurance recommendations. Therefore, the agency did not owe the insured a heightened duty of care nor did it fail to provide any insurance coverage requested by the realty company.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: August 24, 2023, Case #: 2:22cv2883, NOS: Insurance - Contract, Categories: Insurance, Damages, Contract
Per curiam, the appellate division finds that attorney Traci Cipriano may be reinstated following her May 2019 suspension for failing to meet registration requirements because Cipriano complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: PM-182-23, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Robert Rewak may be reinstated following his May 2019 suspension for failing to meet registration requirements because Rewak complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: PM-192-23, Categories: Attorney Discipline
J. Fuller finds that the trial court improperly denied defendant's motion to modify his four-year probation sentence following his guilty plea to committing terroristic threats and acts. As a condition of defendant's probation, the trial court imposed a permanent restraining order barring defendant from contacting the victim, her home, her family's homes and her place of work. The restraining order is void because it exceeds the term of defendant's sentence. Vacated.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: August 24, 2023, Case #: A23A0706, Categories: Probation, Restraining Order