154 results for 'filedAt:"2023-11-16"'.
J. Abele finds defendant's colloquy with the trial court during his plea hearing constituted a lawful waiver of his right to a trial and entered his Alford plea on the record, while the evidence and allegations in the indictment were sufficient to constitute an allocution of defendant's crimes. Meanwhile, the trial court was not required to sua sponte order a competency hearing because its lengthy discussion with defendant affirmed he was not under the influence of drugs and understood the effects of his plea deal. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: November 16, 2023, Case #: 2023-Ohio-4305, Categories: Competence, Sex Offender, Plea
J. Brown denies remand to a private landowner in coastal Louisiana that seeks to evict a natural gas pipeline company and removal of its pipelines after a 20-year lease agreement expired. The 15,000-acre landowner, which also issues annual fishing and hunting permits, unsuccessfully argues that because the tenant’s annual rent was only $2,500, it would take 30 years of nonpayment of rent to reach the $75,000 minimum for federal jurisdiction. The ruling finds the landowner’s proposed annual rent of $6,000 with periodic increases is more appropriate; raising the disputed minimum of the 20-year lease to at least $120,000. The energy company says it would cost at least $75,000 to remove its pipelines and equipment.
Court: USDC Eastern District of Louisiana , Judge: Brown, Filed On: November 16, 2023, Case #: 2:23cv04989, NOS: Rent Lease & Ejectment - Real Property, Categories: Energy, Landlord Tenant, Jurisdiction
J. Pawar finds that the lower court erroneously granted the employer's motion to dismiss the employee's minimum wage complaint as untimely. The employee in this case filed only minimum wage claims that seek damages for determinable debts subject to the state's general 6-year filing deadline. Reversed.
Court: Colorado Court Of Appeals, Judge: Pawar, Filed On: November 16, 2023, Case #: 2023COA109, Categories: Civil Procedure, Employment
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J. Fisher finds that the lower court improperly granted a property manager dismissal of slip and fall claims based on the storm-in-progress defense because plaintiff raised triable issues by presenting weather data and eyewitness testimony concerning sidewalk conditions on the day in question. Reversed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: November 16, 2023, Case #: 535727, Categories: Negligence
J. Hillman denies, in part, a police organization and its officers' motions to dismiss civil rights claims filed by a man whom they arrested after mistaking him for a driver who caused a multi-car collision. He plausibly alleges his claims for unlawful arrest, battery and excessive force.
Court: USDC Massachusetts, Judge: Hillman, Filed On: November 16, 2023, Case #: 4:23cv11096, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Assault, Police Misconduct
J. Christiansen Forster finds that evidence showing that relocating a father's children back to Utah from Washington would not be in their best interest. The trial court did not err in denying his petition to modify a divorce decree, even if some evidence could support relocation. Also, the trial court was within its discretion to reject an evaluator's recommendations and testimony. Affirmed.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: November 16, 2023, Case #: 20210278-CA, Categories: Family Law
J. Lasnik approves of the consent decree between the organization and the U.S. Environmental Protection Agency for the former's environmental lawsuit alleging that the EPA did not approve or disapprove the state implementation plan regarding the Fairbanks North Star Borough fine particulate matter non-attainment area. Among other stipulations, the EPA must sign a notice or notices of final rulemaking approving, disapproving or conditionally approving the Fairbanks matter by no later than Nov. 22, 2023.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: November 16, 2023, Case #: 2:22cv1382, NOS: Environmental Matters - Other Suits, Categories: Environment, Settlements
J. Baker finds a lower court properly dismissed a native of Penang's motion to remain in the U.K. The Penang native argued that he had acquired right to abode benefits in the U.K. prior to the enaction of the British Nationality Act. However, the home department presented sufficient evidence in court that the Penang native is not entitled to relief based on the time of his birth and his lack of close connections to the U.K. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Baker, Filed On: November 16, 2023, Case #: CA-2023-9, Categories: Government, Immigration
J. Lewison finds a lower court properly dismissed a borrower's contract claims against a lender. The borrower argued that she is not entitled to pay a percentage fee to the lender after it obtained funding on her behalf. However, the lender sufficiently showed in court that she signed an agreement, accepted its terms, and the gave the green light lender to the to procure a mortgage on her behalf. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: November 16, 2023, Case #: CA-2021-1880, Categories: Property, Banking / Lending, Contract
J. Gleason grants a company's motion to be dismissed from a Walmart shopper's personal injury claim after he slipped and fell on ice on the sidewalk outside the store. Walmart alleges that the third-party company was responsible for maintaining the sidewalk. The forum selection clause in the Master Services Agreement is valid and enforceable and applies to all claims.
Court: USDC Alaska, Judge: Gleason, Filed On: November 16, 2023, Case #: 3:22cv153, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort
J. Wright denies a company's motion to dismiss consumers' class action alleging violations of false advertising laws "by misleading consumers with deceptive advertisements featuring falsely discounted home organization products." The consumers have standing, have asserted a cause of action for Consumer Legal Remedies Act violations and have sufficiently alleged breach of contract and breach of express warranty claims.
Court: USDC Central District of California, Judge: Wright, Filed On: November 16, 2023, Case #: 2:23cv2218, NOS: Other Contract - Contract, Categories: Contract, False Advertising
J. Duncan finds the district court properly dismissed RICO claims filed against the medical society that published guidelines for treating Lyme disease in a peer-reviewed medical journal that certain infected persons say harmed them by bringing into question whether the condition exists. The statements at issue are non-actionable opinions and cannot support a claim for fraudulent misrepresentation. Affirmed.
Court: 5th Circuit, Judge: Duncan , Filed On: November 16, 2023, Case #: 22-40728, Categories: Fraud, Health Care, Negligence
J. Jackson remands a case challenging a decision to grant a right-of-way to the Utah Department of Transportation for construction of a highway through the Red Cliffs National Conservation Area. The government contends more environmental analysis is needed, and has agreed to complete a supplemental environmental impact statement and solicit comments from the public.
Court: USDC District of Columbia, Judge: Jackson, Filed On: November 16, 2023, Case #: 1:21cv1506, NOS: Environmental Matters - Other Suits, Categories: Environment
J. Wood dismisses this interlocutory appeal as moot. The appeal regards the court's vacating the lower court's certification of class for nursing home residents who allege the homes were understaffed, resulting in insufficient care. A majority of the court has already granted a writ of certiorari vacating class-certification because the order was entered before an order on pending motions to compel arbitration.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: November 16, 2023, Case #: CV-23-95, Categories: Health Care, Tort, Due Process