159 results for 'filedAt:"2023-11-02"'.
J. Thrash partially grants the relator's motion to dismiss counterclaims brought by the manufacturer in the relator's action under the False Claims Act. The relator, who previously worked as the manufacturer's chief compliance officer, alleged that the manufacturer made fraudulent claims for reimbursement for durable medical equipment. The manufacturer failed to properly state counterclaims for breach of fiduciary duty and negligence. The manufacturer failed to sufficiently show how the relator's alleged violation of the statute caused the manufacturer injury. However, the breach of contract counterclaim may move forward.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: November 2, 2023, Case #: 1:20cv4181, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: False Claims
J. Proctor grants in part a correctional institute, correctional officers and supervisors four motions to dismiss supervisory liability and excessive force claims brought by a mother who alleges her son wrongfully died when correctional officers struck him repeatedly in the face and head during an altercation with another inmate at the Donaldson Correctional Facility. The mother failed to plead a plausible claim of supervisory liability against the Alabama Department of Corrections and three supervisors from the Investigation and Intelligence Division. The mother properly plead a plausible claim supervisory liability against the Donaldson supervisors, who have not proved they are entitled qualified immunity. Therefore, all other motions to dismiss are denied.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: November 2, 2023, Case #: 2:20cv499, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Wrongful Death, Prisoners' Rights
J. Powers finds that the lower court properly convicted defendant based on her guilty plea to assault for stabbing her paramour in a home where children were present. Defendant, who is not a U.S. citizen, contends her plea was involuntary since she had not been informed of the potential immigration implications, but the record indicates the issue had been addressed. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: November 2, 2023, Case #: 112749, Categories: Immigration, Assault, Plea
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[Consolidated.] J. Egan finds that the lower court properly set damages for negligence after a state trooper responding to a 911 call struck an oncoming car upon losing control of his vehicle. The award for past and future pain and suffering was reasonable in light of medical records and expert testimony indicating plaintiff's injuries were "serious," and the trooper's requests to set aside the verdict and hold a new trial for damages were properly denied.
Court: New York Appellate Divisions, Judge: Egan, Filed On: November 2, 2023, Case #: 535273, Categories: Tort, Damages
J. Harris finds the Colorado Open Records Act prohibits only the disclosure of identifying information related to minors and child abuse records and, therefore, the news outlets may be entitled to public records regarding child abuse reports made at certain residential care facilities. Therefore, the case will be remanded to allow the court to consider whether the requested information, including addresses of the care facilities, constitutes identifying information exempt from disclosure. Reversed.
Court: Colorado Court Of Appeals, Judge: Harris, Filed On: November 2, 2023, Case #: 2023COA101, Categories: Public Record, Juvenile Law
J. Clark finds that the lower court properly dismissed claims brought after plaintiff stumbled on a hole in the parking lot of a state-owned interstate rest stop because plaintiff failed to demonstrate the state had notice of and failed to fix the condition. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: November 2, 2023, Case #: 535719, Categories: Tort, Premises Liability
J. Mortensen upholds the trial court's grant of guardianship to two children's maternal grandparents based on evidence that their mother neglected them. But it must make further findings to determine the mother's allocation of parenting time. Affirmed in part.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: November 2, 2023, Case #: 20220920-CA, Categories: Family Law
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to aggravated unlicensed operation of a motor vehicle for twice driving with a suspended license. Defendant contends the sentence was harsh, but the fines and terms of probation were not severe. However, in the interest of justice, a $300 surcharge should be reduced to the mandatory amount applicable, or $83. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 2, 2023, Case #: 113304, Categories: Sentencing, Cruel And Unusual Punishment
Per curiam, the appellate division finds that attorney Erwin Rosenberg's request to vacate the decision to disbar him in New York based on similar discipline imposed in Florida should be denied. Rosenberg continued to practice law in Florida after being suspended for failing to comply with discovery demands. His claim that New York disbarment was based on free-speech restrictions lacks merit, and he should be enjoined from filing new motions without prior approval based on his "ongoing pattern" of frivolous filings.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 2, 2023, Case #: PM-253-23, Categories: Attorney Discipline
J. Luthy finds that the trial court properly revoked defendant's pretrial release, and it properly refused to grant a continuance based on his failure to present evidence contesting the revocation. A medical report that he was exaggerating a health condition and that he was malingering in order to avoid trial indicated he had become a flight risk. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: November 2, 2023, Case #: 20230534-CA, Categories: Sex Offender, Bail
J. Ceresia finds that the lower court properly declined to enter a contempt order in a dispute over an unpaid money judgment concerning the lack of response to subpoenas seeking information and virtual depositions because the court did not abuse its discretion in finding a lack of "contumacious conduct." Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: November 2, 2023, Case #: 536135, Categories: Contempt
J. Gettleman grants the property seller’s motion for summary judgment brought by a property buyer alleging the seller fraudulently concealed water damage. The court denies the buyer’s partial summary claim on the seller’s fraudulent concealment, granting summary judgment for the liability for violating the disclosure act and Illinois Residential Real Property Disclosure Act. The court grants the third-party defendants’ motion for summary judgment brought by the third-party plaintiff alleging violations of the Condominium Property Act, breach of fiduciary duty and contribution against the association. The evidence shows there is no dispute that the association failed to remediate the water infiltration issues.
Court: USDC Northern District of Illinois, Judge: Gettleman, Filed On: November 2, 2023, Case #: 1:19cv5684, NOS: All Other Real Property - Real Property, Categories: Environment, Property, Real Estate
J. Colvin finds that the trial court improperly sentenced defendant to 20 years in prison with one year to serve for his guilty plea to one count of felony child molestation. The sentencing scheme for child molestation set out in the statute violated defendant's equal protection rights. Defendant, who was 17 years old when he committed the offense against the 13-year-old victim, is similarly situated to defendants who receive a misdemeanor sentence for aggravated child molestation against a victim of the same age. Defendant received a more severe punishment than an offender who commits the aggravated version of the same offense only because defendant did not engage in sodomy, which would have made the offense aggravated. The case is remanded so defendant can be resentenced for misdemeanor child molestation. Reversed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: November 2, 2023, Case #: S23A0686, Categories: Sentencing, Sex Offender
J. Merchant grants the insurance companies motion for preliminary injunction and stay of all pending arbitrations brought by a medical imaging company in allegations of a no-fault scheme. Pending the declaratory judgment claim disposition, the court enjoins the medical imaging company from any further state court action or no-fault insurance collection arbitrations against the insurers.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: November 2, 2023, Case #: 1:23cv3124, NOS: Insurance - Contract, Categories: Insurance, Contract
Per curiam, the appellate division finds that attorney Jonathan Dunsmoor should be suspended for misconduct for one year for failing to disclose that, while awaiting action on his application for admission to the bar a dozen years ago, he was arrested and charged with misdemeanor driving while intoxicated and leaving the scene of an accident, which also led to charges of violating college conduct rules for students. Neglecting to disclose the information at the time was self-serving, and Dunsmoor failed to acknowledge the error of the conduct.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 2, 2023, Case #: PM-249-23, Categories: Attorney Discipline
J. Curiel dismisses the auto company's claim against the union for breach of the collective bargaining agreement under the Labor Management Relations Act. The company alleges that it suffered an injury because Interstate Batteries, a neutral employer that delivers automotive batteries to the company, was induced to intercede in the labor dispute between the company and the union. However, this allegation is not sufficient to allege an injury to support standing.
Court: USDC Southern District of California, Judge: Curiel, Filed On: November 2, 2023, Case #: 3:22cv1987, NOS: Labor/Management Relations - Labor, Categories: Labor / Unions
[Amended.] Per curiam, the court of appeals suspends John K. Evans for one year in a negotiated discipline case. He admits he engaged in reckless dishonesty by, among other things, failing to accurately report his financial holdings and outside clients.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: November 2, 2023, Case #: 23-BG-0741 , Categories: Attorney Discipline
J. Bourliot finds that the trial court properly terminated the mother's parental rights to her minor daughters. The evidence was sufficient to support the endangerment and best interest findings. The mother's use of illegal drugs, failure to complete services and relationship with a person under arrest for domestic violence against her shows endangerment. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: November 2, 2023, Case #: 14-23-00343-CV, Categories: Evidence, Family Law
J. Smith finds that the trial court properly ruled in favor of the home sellers in a suit brought by the purchaser over alleged undisclosed defects. The purchaser did not prove the fraudulent inducement exception regarding the "as is" clause in the contract. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: November 2, 2023, Case #: 10-23-00134-CV, Categories: Fraud, Contract
J. Christopher finds that the trial court properly ruled in favor of the insurer in a suit involving alleged hurricane damage to a property. The property owners' argument regarding the exclusion of certain repair estimates lacks merit. Also, costs should have been assessed against the property owners. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: November 2, 2023, Case #: 14-22-00292-CV, Categories: Evidence, Insurance, Property
J. Marshall finds that a jury must be presented with certain questions before the court can rule on whether the officer is entitled to qualified immunity from claims stemming from an incident in which he shot a driver during an early morning traffic stop, causing the driver to become paralyzed. The jury must resolve disputes as to whether the driver was driving or parked when the officer turned on his lights and whether the officer drew his weapon before or after he smelled marijuana and saw smoke.
Court: USDC Eastern District of Arkansas , Judge: Marshall, Filed On: November 2, 2023, Case #: 3:19cv126, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
J. Kemp finds the trial court properly convicted defendant for capital murder and aggravated robbery, sentencing him to life without parole. Eyewitness accounts, including one from defendant’s girlfriend, reveal that defendant approached a man who purchased marijuana from him with allegedly counterfeit money. Defendant took money and certain possessions from the man as the victim approached. After a brief physical altercation, defendant shot the victim. Nearby security camera footage corroborates the testimony. All evidence supports conviction and the proposed defense of justification and a denied motion for mistrial are not preserved for review. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp, Filed On: November 2, 2023, Case #: CR-22-776, Categories: Evidence, Murder, Self Defense
J. Hiland finds the trial court properly convicted defendant for murder and aggravated assault on a law enforcement officer. Defendant was pulled over for running a stop sign, with his two-year-old daughter unsecured in the back seat. Cash cam footage shows that defendant did not have a license or registration and gave the officer false information. Another officer arrived and defendant was allowed to call the child’s mother, who later arrived. Defendant was detained on the ground after attempting to exit the vehicle and the mother choked one of the officers. Defendant retrieved a handgun from his vehicle and ran, with the shooting taking place outside the camera range. All evidence is sufficient to support the convictions. A psychiatric expert who provisionally diagnosed defendant with schizophrenia testified that he had the capacity to stand trial. Defendant’s motion for directed verdict was properly denied. Affirmed.
Court: Arkansas Supreme Court, Judge: Hiland, Filed On: November 2, 2023, Case #: CR-23-130, Categories: Competence, Murder, Assault
Per curiam, the Eighth Circuit finds a lower court improperly dismissed a group of inmates' Religious Land Use and Institutionalized Persons Act of 2000 violations. The Arkansas Department of Corrections argued that the inmates, who are Muslim, are not entitled to dress in kufis while practicing their religion exclusively, and not in close proximity to members of the Nation of Islam and Nation of Gods and Earth. However, the Muslim inmates presented sufficient evidence in court that their practice was "sincerely held." Reversed.
Court: 8th Circuit, Judge: Per curiam, Filed On: November 2, 2023, Case #: 22-1809, Categories: Civil Rights
J. Kistler finds trial court erred by ruling that a 1959 deed did not grant property owners an easement over a neighbor's’ property. “The deed…unambiguously grants plaintiffs an easement but does not specify precisely where over defendants’ property the easement runs.” Reversed.
Court: Oregon Court of Appeals, Judge: Kistler, Filed On: November 2, 2023, Case #: A178517, Categories: Property