234 results for 'filedAt:"2023-09-27"'.
[Consolidated.] J. Kleeh denies the motion by the named plaintiffs in three separate class actions to consolidate their respective complaints against the hydrocarbon exploration company for breach of contract in royalty payments on oil and gas leases, finding absent the “rigorous” analysis for class certification, the “cases lack the requisite common question of law or fact for consolidation” since “individualized analysis is required for each lease and royalty provision, and each action contains distinct leases and royalty provisions.”
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: September 27, 2023, Case #: 1:20cv222, NOS: Other Contract - Contract, Categories: Energy, Class Action, Contract
J. Brown finds that the trial court properly convicted defendant for first-degree murder and battery arising from a dispute over a gun purchase. Defendant's argument that the state failed to prove that he shot the victims on purpose is without merit. Witnesses testified that defendant was angry and had punched a wall. They also testified to seeing him load the gun and place it in his waistband. He shot one of the victims in the head at close range, and shot the other victim twice in the back as he fled. All evidence supports the finding of purposefulness. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: September 27, 2023, Case #: CR-22-775, Categories: Intent, Murder, Battery
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J. Cox finds that the trial court properly found for the individual on the issue of breach of fiduciary duty against his business partner in the operation of a commercial trucking business. The partner's exception of no cause of action was properly denied because the individual is clearly listed as a manager of the parties' companies in the operating agreement and can bring suit on their behalf. Further, defendant testified that while still managing the companies, he began making a move to another trucking company and informed the number one customer of his move. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Cox, Filed On: September 27, 2023, Case #: 55,214-CA, Categories: Fiduciary Duty, Contract
J. Virden finds that the trial court properly convicted a former Arkansas deputy of negligent homicide for fatally shooting an unarmed teenager. The deputy said he shot the the teen in the neck after the teen exited his truck and reached into the bed of the pickup while failing to comply with commands to show his hands. Two witnesses testified that they never heard the deputy tell the teen to show his hands. No abuse of discretion is found in denying the officer's requested jury instruction regarding the definition of "negligence," because the model instruction accurately stated the law, and the modification would have added a provision that did not exist. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: September 27, 2023, Case #: CR-22-377, Categories: Negligent Homicide, Jury Instructions
J. Pitman finds that the trial court properly found for the Louisiana Workforce Commission upholding the denial of an employee's claim for unemployment benefits because he was fired while incarcerated. In this case, the employee was fired for being absent from work for three days without reporting to his supervisor. The employee's claim that he was unable to report to work because he was following Covid-19 guidelines after he was released from jail is without merit because the employer's attendance policy did not require the employee to report to work, only that he call and bring a doctor's note. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: September 27, 2023, Case #: 55,198-CA, Categories: Employment, Evidence
J. Bryan grants the U.S. Department of Labor's motion to compel discovery regarding email and text messages related to the postal worker's employment. The DOL argues that the discovery is relevant to its complaint alleging that the U.S. Postal Service fired the worker, a probationary mail carrier, for reporting a workplace shoulder injury. The emails and text messages may be relevant to show if USPS fired the worker for pretextual reasons, and conducting the discovery search is a minor inconvenience.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: September 27, 2023, Case #: 3:23cv5007, NOS: Other Labor Litigation - Labor, Categories: Employment, Discovery, Labor
J. Stephens finds that the trial court should not have denied an insurer's motion for summary judgment on a claim by the insured homeowner who was run over by a painting employee who was driving to the home to perform work. In this case, the insurance policy was for the purpose of the insured's employer's covered vehicles, and it is undisputed that the insured was not using any automobile at the time of the accident. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: September 27, 2023, Case #: 55,136-CW, Categories: Evidence, Insurance, Contract
J. Ervin-Knott finds that the district court properly granted a property owner's exception of prescription on a trust's petition to annul tax sale. In 2016, the trust obtained a one percent interest in the property but failed to pay the ad valorem taxes on the property. In 2017, the property owner obtained a 100 % interest in the property via a tax sale certificate. The trust had six months from the date listed on the post-redemptive notice to file suit but did not. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: September 27, 2023, Case #: 2023-CA-0211, Categories: Civil Procedure, Property
J. Helmick denies the plastic surgeon's motion to dismiss human trafficking claims filed by victims of his sexual assaults, ruling that while typical claims under the Trafficking Victims Protection Act involve conduct by the victims, the Act does not preclude instances like the one in this case, where victims were forced to perform sexual acts after being incapacitated. Meanwhile, the motion to dismiss filed by the surgeon's ex-wife will be granted because the mere existence of a relationship between the two is insufficient to impose liability for the surgeon's crimes, especially considering the victims provide no evidence she was aware of or participated in his criminal scheme.
Court: USDC Northern District of Ohio, Judge: Helmick, Filed On: September 27, 2023, Case #: 3:22cv1122, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Assault
J. Buller finds that a father was properly granted physical care of the parties' child in a custody dispute because the mother had been arrested for assault for throwing glass jars off her balcony and striking passersby, and she experienced significant mental health problems. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: September 27, 2023, Case #: 23-0374, Categories: Family Law
J. Hensal finds the trial court did not violate defendant's due process rights during his murder trial when it refused to correct allegedly incorrect information regarding shell casings found at the scene of the shooting. While the label on one of the shell casings may have been incorrect, the evidence submitted to the jury during its deliberations was accurate. Furthermore, the jury properly discounted defendant's self-defense theory and convicted him because he never denied he shot first and his characterization of his interaction with the victim as aggressive was insufficient to prove he was in fear for his life when he fired his gun. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hensal, Filed On: September 27, 2023, Case #: 2023-Ohio-3450, Categories: Murder, Self Defense, Due Process
J. Murphy finds that the trial court properly found that the farm/hunting lessor is entitled to an easement across the other hunting lease's land. The land that became the two leases was originally conveyed by the original owner at different times, and a road used by hunters on one of the leases to access another part of that lease that is separated by a bayou that runs through the other lease's land. This road was used by the original owner before conveying the land to the second lease and his permissive use is not applicable. The easement was properly granted on theories of prescription, necessity and implication. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: September 27, 2023, Case #: CV-21-222, Categories: Property
J. Gruber finds that the county court properly modified the father's child support obligation. The father moved for the modifications at issue four months after one of the children moved in with him, and he did not request a hearing for another year. The court subsequently informed the parties that it would use a "shared income approach" to calculating the modification. Given the record and standard of review, there is no evidence of an abuse of discretion. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: September 27, 2023, Case #: CV-22-437, Categories: Family Law
J. Palk denies the defendant insurance company's motion for partial summary judgment in this lawsuit concerning coverage under a commercial property insurance policy following a hailstorm. The company seeks summary judgment as to the nonprofit agency's bad faith claim. However, there are issues of fact regarding the insurance company's "investigation and conclusion as to the interior water leaks."
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: September 27, 2023, Case #: 5:20cv1183, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Schofield grants Amazon's motion to dismiss negligent misrepresentation claims filed by a steel container supplier for its robotics systems. Amazon provided the supplier with three reduced demand forecasts in 2022 following a surge in demand during the Covid-19 pandemic, and there is no allegation that Amazon knew its projections were false. However, the supplier adequately states a claim for breach of fiduciary duty based on Amazon's conduct encouraging the supplier to invest millions to boost its supply dedicated solely to Amazon's demand.
Court: USDC Southern District of New York, Judge: Schofield, Filed On: September 27, 2023, Case #: 1:23cv292, NOS: Other Contract - Contract, Categories: Fiduciary Duty, Negligence, Business Expectancy
J. McAvoy dismisses a deputy sheriff’s employment discrimination and retaliation complaint alleging the Madison County sheriff’s department denied his request for accommodation after disclosing he suffered from epileptic seizures, and following his decision to file a complaint regarding the treatment, his supervisors became actively hostile towards him, resulting in his termination from the force. The deputy sheriff fails to show how he could perform the essential duties of his position given his disability.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: September 27, 2023, Case #: 5:22cv1111, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Nakamoto finds the trial court erred by dismissing special education paraeducators’ claims alleging physical and sexual assaults by students within Portland Public Schools (PPS) that the schools failed to address. “Allegations are sufficient, if true, to permit a factfinder to conclude that the individual defendants engaged in conduct that was a cause of plaintiffs’ alleged injuries.” Reversed.
Court: Oregon Court of Appeals, Judge: Nakamoto, Filed On: September 27, 2023, Case #: A173665, Categories: Education, Employment, Assault
J. Tostrud partially grants the debtor's motion for attorney fees and costs after he accepted an offer of judgment from the debt collector in a fraud and invasion of privacy action alleging violations of the Fair Debt Collection Practices Act, Driver's Privacy Protection Act and the Fair Credit Reporting Act. One attorney's claimed hourly rate is reduced by about 14% because he has fewer credentials and less experience than the other attorney. The debtor also failed to show that a paralegal's claimed hourly rate is reasonable. The debtor is awarded $78,000 in attorney fees and $7,000 in costs.
Court: USDC Minnesota, Judge: Tostrud, Filed On: September 27, 2023, Case #: 0:22cv1799, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Attorney Fees
J. Shorr finds the trial court properly declined to suppress evidence of defendant’s blood-alcohol content (BAC), obtained through an unwarranted forensic blood draw, that was used to help convict him of manslaughter and assault. The trial court’s judgment was “justified by exigent circumstances.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: September 27, 2023, Case #: A175345, Categories: Evidence, Manslaughter