116 results for 'filedAt:"2023-10-20"'.
J. McDermott finds that attorney Mike Mulamba Mbanza should be suspended for 30 days for professional ethics violations, including stonewalling discovery requests, filing frivolous motions, and engaging in obstructive conduct in a grievance commission proceeding after misrepresenting a client in an immigration case.
Court: Iowa Supreme Court, Judge: McDermott, Filed On: October 20, 2023, Case #: 23-0160, Categories: Attorney Discipline
J. Martinez grants an insurer summary judgment in claims contending plaintiff, a pedestrian, had been struck by a car in a parking lot because plaintiff had not reported being dragged by the car or the extent of her injuries to police, and she failed to demonstrate the insurer unreasonably required her to sign a medical authorization form.
Court: USDC Colorado, Judge: Martinez, Filed On: October 20, 2023, Case #: 1:21cv3445, NOS: Insurance - Contract, Categories: Insurance
J. Weimer finds that the court of appeal should not have increased a restaurant's percentage of fault for a trip and fall from 80 percent to 85 percent. In this case, the patron who suffered the trip and fall did not appeal or answer the appeal. Therefore, the 20 percent of fault allocated to him by the jury cannot be reduced. The evidence supports that the configuration of the tables, chairs, and fence camouflaged the ledge, and the restaurant had notice of the ledge and could have easily taken measures to reduce the danger of the ledge. Further, the patron was not engaging in risky behavior but was only attempting to sit across from his wife when the accident happened. Reversed in part.
Court: Louisiana Supreme Court, Judge: Weimer, Filed On: October 20, 2023, Case #: 2023-C-00027, Categories: Evidence, Negligence
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[Consolidated.] J. Lagoa vacates the panel's prior opinion and substitutes the instant opinion finding that the 11th Circuit lacks jurisdiction to consider the insurer's appeal of the district court's order compelling appraisal and staying a breach of contract action brought by the insured. The action arose out of the insurer's denial of coverage for claims filed by the insured for property damages caused by Hurricane Irma. The order compelling appraisal and staying the proceedings is an interlocutory order that is not immediately appealable, therefore the appeal is dismissed.
Court: 11th Circuit, Judge: Lagoa, Filed On: October 20, 2023, Case #: 22-11059, Categories: Insurance, Contract
J. Cogburn partially grants a restaurant its motion for summary judgment in this class action against it brought by current and former shift managers alleging the restaurant routinely forced them to work unpaid hours. A specific class member also claims gender discrimination based on his manager’s reprimands for his “mannerisms” as a gay man and his long acrylic fingernails, as well as the manager’s alleged refusal to pay him equally to straight staff or promote him. This member also claims he was fired for being gay. Although this member has failed to produce convincing evidence of most of sexuality discrimination claims, the restaurant has not demonstrated sufficient proof to claim summary judgment on his disparate discipline claim nor the class’s wage discrimination or wrongful discharge claims.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: October 20, 2023, Case #: 3:20cv266, NOS: Employment - Civil Rights, Categories: Civil Rights, Class Action, Labor
J. Jay finds the trial court's dating violence injunction entered against the fiance must be overturned, as he was only given notice of an evidentiary hearing regarding his fiancee's injunction petition the day before the hearing instead of getting the statutorily required two-day minimum notice. The final judgment awarding the injunction is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Jay, Filed On: October 20, 2023, Case #: 22-2695, Categories: Domestic Violence, Due Process
J. Parker grants partial judgment in favor of the city after allegations of violations of due process, tortious interference of business relationships, antitrust and retaliation brought by a municipal service company. The court will dismiss the due process, antitrust and retaliation claims. Leaving all claims against a city employee are unaffected by this order; he and other employees failed to inform potential customers that there is a full registered contractors list available, only recommending one company for construction within the area.
Court: USDC Northern District of Ohio, Judge: Parker, Filed On: October 20, 2023, Case #: 1:22cv2037, NOS: Other Civil Rights - Civil Rights, Categories: Government, Due Process
J. Pietsch finds the Board of Veterans Appeals improperly denied the veteran’s request for service connection for sleep apnea. Governing code provides that more than one request for administrative review may be filed within a year of an initial decision, provided that it is not pending with another request. The board erred when it construed the notice of disagreement as an appeal from the decision on his supplemental claim rather than from the timely agency of original jurisdiction decision concerning his higher-level review request. Reversed.
Court: Court Of Appeals For Veterans Claims, Judge: Pietsch, Filed On: October 20, 2023, Case #: 20-7251, Categories: Government, Health Care, Veterans
J. McFadden finds that the trial court improperly ruled in favor of the transportation department, city and city employees on the buyer's breach of contract claim arising after the department said it would rescind its acceptance of the buyer's bid to buy a property. The buyer had a binding contract with the department when it received written notice of the department's decision to accept the buyer's offer as the highest bid. The buyer's move to make changes to the unsigned deed did not constitute a counter-offer. A genuine issue of fact also exists as to whether the department abandoned the sale. However, the trial court correctly found in favor of the company on the buyer's claim for tortious interference with business relations. Reversed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: October 20, 2023, Case #: A23A0751, Categories: Property, Contract
J. Wilson vacates the previous panel opinion and substitutes the instant opinion finding that the district court improperly ruled the police officers were entitled to qualified immunity from a mechanic’s false arrest claim in a civil rights action arising from his arrest while performing repairs on a client's car in a church parking lot. The mechanic was charged with obstructing government operations for initially refusing to produce ID when asked but the charges were later dropped. Video evidence shows that no reasonable officer could have believed the mechanic was using intimidation or physical force to intentionally obstruct the officer’s investigation. The statute does not require anyone to produce an ID. There was no arguable probable cause to support the arrest. Reversed.
Court: 11th Circuit, Judge: Wilson, Filed On: October 20, 2023, Case #: 21-14396, Categories: Civil Rights, Immunity, Police Misconduct
J. Shields denies a motion to disqualify one of the named defendants’ counsel in a civil conspiracy complaint on the basis that he himself is a defendant in the suit and would therefore violate New York’s witness-advocate rule as well as create a conflict of interest. The complaint alleges various officials with Nassau County, including the county’s surrogate court, abused the legal process to loot the litigant’s late husband’s estate for their own personal gain. The court finds the motion premature, as no discovery has taken place and the litigant’s arguments for disqualification are mere speculation.
Court: USDC Eastern District of New York, Judge: Shields, Filed On: October 20, 2023, Case #: 2:22cv1696, NOS: Other Civil Rights - Civil Rights, Categories: Family Law, Racketeering
J. Dillard finds that the trial court properly denied the company's and company owner's motion to open a default judgment entered against them in a fraud, conversion and breach of contract action brought by the individual seeking constructive trust, an equitable lien and an equitable accounting. The individual alleged that the company did not repay him after failing to invest his money in a luxury van business or provide him with credit monitoring services. The trial court also correctly denied the company's and company owner's demand for a jury trial on damages because they did not file a pleading placing damages in issue. However, the trial court incorrectly awarded attorney fees and litigation expenses. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: October 20, 2023, Case #: A23A0934, Categories: Fraud, Damages, Conversion
J. Christensen finds that defendant was properly convicted of willful injury causing serious injury after robbing one victim and assaulting another. Defendant's accomplice wore a black paintball-style mask and brandished a rifle while defendant held a knife, which indicated defendant aided and abetted the crime. Affirmed.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: October 20, 2023, Case #: 21-0522, Categories: Evidence, Robbery, Assault
Per curiam, the Louisiana high court finds that the court of appeal should not have determined that there was insufficient evidence to support the delinquency adjudication of a juvenile for burglary involving a firearm and theft of a firearm. In this case, the state presented evidence that the tactical vest stolen from the deputy’s vehicle was found in the juvenile's attic, and screenshots from the juvenile's phone showed the rifle stolen from the deputy’s vehicle. There was also text message evidence sent twelve hours after the burglary where the juvenile was attempting to trade the rifle. Therefore, the state's evidence is sufficient to permit a reasonable inference that the juvenile was a principal in the commission of the delinquent acts. Reversed.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: October 20, 2023, Case #: 2022-CK-01654, Categories: Evidence, Juvenile Law, Theft
J. Genovese finds that while the trial court should not have determined that the phrase "in any way interested in" in the statute was facially unconstitutionally overbroad, the phrase was unconstitutionally vague as applied to the chairman because it violated the chairman's federal and state constitutional right to due process. The Board of Ethics alleged Ethics Code violations against a Lafayette Public Trust Financing Authority chairman whose real estate development firm was hired as a project consultant for a public housing project. Under Murtes, “no member of the legislature or officer of the executive department of the state shall be in any way interested in any contract" was determined to be so broad, general and vague as to fail to define the offense by this court. The phrase at issue prohibits no specific action by the chairman. Affirmed in part.
Court: Louisiana Supreme Court, Judge: Genovese, Filed On: October 20, 2023, Case #: 2023-CA-00398, Categories: Evidence, Contract
J. Oden Johnson finds that the lower court properly awarded attorney fees to the car dealership after it compelled the parties to arbitration. Plaintiff's attorney filed three motions to reconsider which were not well-grounded in fact and appeared to be an effort to harass the dealership or delay the proceedings. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: October 20, 2023, Case #: 221590, Categories: Arbitration, Attorney Fees
J. Moore finds that the lower court improperly denied the maternal grandparents' motion to intervene in this dependency action to the extent that they sought permissive intervention. It was an abuse of discretion to deny the grandparents' motion, as they sought "custody of the child through the dependency proceedings." The court notes that allowing them to intervene will not "unduly complicate or lengthen" the proceeding. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: October 20, 2023, Case #: CL-2023-0223, Categories: Civil Procedure, Family Law
[Modified.] [Consolidated.] J. Tucher makes a couple of changes to footnotes and denies a petition for rehearing with no change in judgment. The trial court properly rejected Environmental Quality Act challenges to the long-range development plan for the University of California, San Francisco campus. The plan's environmental impact report adequately considered alternative development plans and the actions needed to mitigate wind impacts. The report should have considered public transit impacts, but the omission was not prejudicial because the report provides enough information to inform the public about the project's likely adverse impacts. The school was not required to analyze visual impacts because the development is an infill site, nor was it required to adopt mitigation measures for historical buildings that will be repurposed. Affirmed.
Court: California Courts Of Appeal, Judge: Tucher, Filed On: October 20, 2023, Case #: A166091, Categories: Administrative Law, Construction, Environment
J. Trauger grants summary judgment to the Department of Veterans Affairs in this lawsuit brought by a former employee alleging that her termination was retaliatory. The employee contends that her termination was related to her participation in an investigation of another employee's hostile work environment complaint. However, she fails to establish a prima facie case for her claim, as there is no evidence that the decision-makers "had knowledge of the plaintiff's protected activity."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: October 20, 2023, Case #: 3:21cv486, NOS: Employment - Civil Rights, Categories: Evidence, Employment Retaliation
J. McClarty finds the lower court properly found a mother in criminal contempt. The minor children were found to be of an age to decide which parent they preferred to live with and they selected their father. The mother was ordered to not speak to the children further about the living arrangement, but continued to speak about the living arrangement when she was with the children, and communicated with them about it during the father’s parenting time. Because her communications violated the court order, she was properly found to be in contempt. Affirmed.
Court: Tennessee Court of Appeals, Judge: McClarty, Filed On: October 20, 2023, Case #: M2022-01100-COA-R3-JV, Categories: Contempt, Family Law
J. Chen issues an expanded, amended injunction to prohibit a rival in the personal injury litigation business from servicing clients or disseminating the litigant’s client list after it was found to have given the list to help form a second rival in violation of the prior injunction. The two companies assist those asserted in personal injury complaints by accompanying the underlying litigants to independent medical examiners. The court finds the litigant’s customer list constitute trade secrets. As well, the court is prepared to find the defendant’s principal in contempt of court for violating the court’s orders and asks the litigant to submit additional documentation detailing the damages it suffered as a result.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: October 20, 2023, Case #: 1:22cv1032, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Contempt, Trade Secrets, Injunction
J. Crain finds that Judge G. Michael Canaday violated the Code of Judicial Conduct when he engaged in improper ex parte communications and inappropriately granted a state motion to release documents from seal without holding a hearing related to a criminal defendant's indigency. Judge Canaday's conduct resulted in the defense strategy being revealed in a second-degree murder case and gave the impression of favoring prosecutors. Therefore, Judge Canaday is publicly censured.
Court: Louisiana Supreme Court, Judge: Crain, Filed On: October 20, 2023, Case #: 2023-O-00735, Categories: Civil Procedure, Judiciary