173 results for 'filedAt:"2023-12-06"'.
J. Pagan finds the Workers’ Compensation Board (board) properly construed and applied the so-called “firefighter’s presumption” when it reversed an employer’s denial of an employee's occupational disease claim. “The board’s representation of [expert] opinion is reasonable and supported by substantial evidence.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: December 6, 2023, Case #: A177671, Categories: Employment, Workers' Compensation
J. Gravois finds that the trial court properly determined the mother to be the domiciliary parent in the parties' custody dispute. The mother testified that she was the children's primary caregiver, and that she manages the children’s activities, their medical and dental appointments, schooling, summer camps, and piano lessons. Further, since the parties' separation, the children have lived with her except for Tuesday and Wednesday nights and every other weekend. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 6, 2023, Case #: 23-CA-116, Categories: Evidence, Family Law
J. King dismisses the freight forwarding service's lawsuit accusing its former employee of fraudulently submitting invoices for services rendered to the freight forwarding service's Mexican branch by a company in which the former employee holds shares. The freight forwarding service exceeded the scope of its leave to amend its complaint by adding new claims for contract and quasi-contract while reusing old and uncompelling facts from its previous amendments.
Court: USDC Western District of Washington, Judge: King, Filed On: December 6, 2023, Case #: 2:20cv349, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Shorr finds the trial court erred in dismissing a subcontractor's lien foreclosure claim because the construction work invoices were due and the contractor failed to pay. “Defendant’s check was improperly conditioned on plaintiff’s potential release of a construction lien for plaintiff’s work on defendant’s property for which plaintiff had not yet been paid.” Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: December 6, 2023, Case #: A176707, Categories: Contract
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J. Huffaker finds that the district court properly dismissed the restaurants' claim for violations of the Florida Deceptive and Unfair Trade Practices Act in a class action alleging that the distributor regularly delivered underweight boxes of poultry products. The claim arising from the distributor's allegedly misleading weight labels is preempted by the Poultry Products Inspection Act. The restaurants failed to plausibly allege that the packages were underweight by federal standards. However, the district court incorrectly dismissed the restaurants' breach of contract claim to the extent that they allege they did not receive the amount of poultry products for which they paid. The restaurants' attempt to enforce their voluntary agreement with the distributor regarding pricing and weight of packages is not dependent on federal labeling or packaging standards. Reversed in part.
Court: 11th Circuit, Judge: Huffaker, Filed On: December 6, 2023, Case #: 22-11330, Categories: Class Action
J. Pagan finds the trial court properly denied defendant’s request to waive his right to counsel. “At a number of pre-trial hearings, the trial court considered defendant’s request, explained to defendant some of the risks of self-representation, provided defendant with a waiver of counsel form, and, although defendant signed it, defendant subsequently told the trial court that he did not understand it.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: December 6, 2023, Case #: A177041, Categories: Ineffective Assistance
J. Badding finds that defendant was properly denied relief from the conviction based on his guilty plea to second-degree murder because defendant willingly made the plea in order to avoid a potential first-degree murder conviction. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: December 6, 2023, Case #: 22-1782, Categories: Murder, Plea
J. Chicchelly finds that defendant was properly convicted of disarming a peace officer after taking a taser from an officer. Three troopers tried to subdue him and confirmed that the incident took place while defendant was in a suicidal rage. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: December 6, 2023, Case #: 22-1090, Categories: Evidence, Assault
J. Tabor finds that a father's parental rights were properly terminated since he failed to follow a safety plan after the child's schizophrenic mother left her two babies in the care of her six-year-old child, then strangled and stabbed her six-year-old. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: December 6, 2023, Case #: 23-1320, Categories: Family Law
J. Pryor finds that the district court properly partially blocked enforcement of a non-compete covenant in an action brought by an ex-employee against his former employer, the auto service company. The district court correctly found that the covenant's geographic restriction preventing the employee from competing within a five-mile radius surrounding more than 1,100 franchised locations was unreasonable under the Georgia Restrictive Covenants Act. However, the district court incorrectly applied the five-year rebuttable presumption of reasonableness rather than the two-year presumption in finding that the covenant's four-year duration was unreasonable under the Act. Affirmed in part.
Court: 11th Circuit, Judge: Pryor, Filed On: December 6, 2023, Case #: 22-10611, Categories: Employment, Contract
J. Lynch finds that defendant was properly convicted of possessing child pornography because the appeal concerns issues not previously argued. However, the arguments may have affected the proceedings in light of "serious concerns" caused by rules imposed during the pandemic in which the public was excluded from portions of jury selection, as well as allegations that investigators used tactics to induce inculpatory statements. Affirmed.
Court: 2nd Circuit, Judge: Lynch, Filed On: December 6, 2023, Case #: 22-826-cr, Categories: Fair Trial, Jury, Miranda
J. Greer finds that a father's parental rights were properly terminated since he was in prison for drug charges and his child was too frightened to participate in video conferences with him. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: December 6, 2023, Case #: 23-1509, Categories: Family Law
J. Greer finds that defendant was properly convicted of arson and criminal mischief after he destroyed a TV and shelving in his paramour's home and set fire it on fire with lighter fluid because defendant admitted he was the culprit to police. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: December 6, 2023, Case #: 22-1961, Categories: Evidence, Arson
J. Tabor finds that defendant was improperly convicted of second-degree theft for taking a motor vehicle since the state failed to prove defendant intended to permanently deprive the owner of the car. Reversed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: December 6, 2023, Case #: 22-1850, Categories: Evidence, Theft
J. Stratton finds that the trial court properly denied an insurer's motion to compel the arbitration of an insured's bad faith and contract action. Neither the arbitration clause in the insured's enrollment form or in his employer's agreement with the insured are enforceable because they do not comply with statutory disclosure requirements. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: December 6, 2023, Case #: B319659, Categories: Arbitration, Insurance
J. Foster grants the pornographer's motions to serve third-party subpoenas to internet service providers in its effort to identify several unidentified internet users who it alleges violated its copyrights. Expedited discovery is warranted in this case since the pornographer has stated an actionable claim, its requests are specific, there are no other ways to obtain required information for the case to proceed, and it has established appropriate privacy guardrails. In deference to the privacy interests of the internet subscribers to be identified, the court sets out a process for serving the subpoenas and for the subscribers to proceed in litigation anonymously.
Court: USDC Minnesota, Judge: Foster, Filed On: December 6, 2023, Case #: 0:23cv2203, NOS: Copyrights - Property Rights, Categories: Copyright, Discovery
Per curiam, the Minnesota Supreme Court suspends attorney David Ludescher for a minimum of 60 days with a two-year term of supervised probation. An attorney discipline referee did not err in concluding that orders of a juvenile court purporting to grant the attorney's client temporary custody of the client's child were unenforceable, nor in finding that a transaction set-aside provision in Minnesota's conservatorship statute did not apply to an attorney-client relationship with a client who had become subject to a conservatorship. The referee also did not err in determining that the attorney violated rules of professional conduct by failing to disclose that client's file to the conservator.
Court: Minnesota Supreme Court, Judge: Per curiam, Filed On: December 6, 2023, Case #: A22-0299, Categories: Family Law, Attorney Discipline