155 results for 'filedAt:"2023-12-13"'.
Per curiam, the appellate division finds that the lower court improperly granted one set of defendants' motion for another set of defendants' to admit certain facts regarding the purchase of construction materials. The notice to admit was "palpably improper" because it sought concessions that go to the heart of the controversy. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 13, 2023, Case #: 06346, Categories: Construction, Contract
J. Flanagan denies a municipality’s motion for attorney fees and costs following allegations that one of its police officers raped a woman “in exchange for” not arresting her. Among multiple claims the woman brought against both parties was punitive damages. The municipality argued that it is immune from the punitive damages claim and that this claim was frivolous and, therefore, the woman owes it attorney fees and costs. However, as the woman withdrew the claim, the municipality’s argument is moot and discovery will proceed.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 13, 2023, Case #: 7:23cv117, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Assault, Police Misconduct
J. Aoyagi finds the juvenile court properly terminated a father’s parental rights. “Although there is evidence of an emotional bond, there is also evidence that that bond is not necessarily healthy for the children.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: December 13, 2023, Case #: A181174, Categories: Family Law
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J. Miller finds that the trial court properly convicted defendant of vehicular homicide. The trial court correctly found that juror misconduct did not contribute to the verdict. Jurors admitted to obtaining extrajudicial information by Googling the difference in the severity of the charges. The jurors were already aware based on their general knowledge and the description of the crimes in the indictment that first-degree vehicular homicide was a more serious offense and carried a harsher punishment than second-degree vehicular homicide. The two jurors' research into the meaning of "first degree" and "second degree" was therefore harmless because the information the searches revealed was already known to the jury. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: December 13, 2023, Case #: A23A1258, Categories: Jury, Vehicular Homicide
[Consolidated.] J. Cabranes finds that the district court properly held that Donald Trump waived presidential immunity by failing to raise such as an affirmative defense in answering E. Jean Carroll's defamation complaint stemming from an alleged sexual assault. Meanwhile, the court properly denied his request to amend the answer and properly struck the defense from his answer to her amended complaint. Additionally, the appeal from the finding of per se defamation concerning statements Trump made after Carroll alleged he raped her in a department store dressing room in the 1990s must be dismissed for lack of jurisdiction. Affirmed.
Court: 2nd Circuit, Judge: Cabranes, Filed On: December 13, 2023, Case #: 23-1045-cv (L), Categories: Civil Procedure, Immunity, Defamation
J. Kuntz enters judgment in favor a Colombian au pair on her hostile work environment and constructive discharge claims against a Staten Island family, whom she sued for liability after discovering the husband secretly installed a security camera, disguised as a smoke detector, on the ceiling of her bedroom to film her without her knowledge and then reported him to the authorities. The husband’s plea deal in his state court criminal case precluded the family from arguing against liability under collateral estoppel. The court further denies, in part, the au pair program’s motion for summary judgment, preserving her employment discrimination claims for trial while dismissing her aiding and abetting, interference and negligence claims.
Court: USDC Eastern District of New York, Judge: Kuntz, Filed On: December 13, 2023, Case #: 1:21cv5237, NOS: Employment - Civil Rights, Categories: Negligence, Privacy, Employment Discrimination
J. Richardson dismisses the former employee's complaint against his former employer alleging retaliatory discharge under the Tennessee Public Protection Act and religious discrimination under Title VII, as well as other counts, based on his alleged termination during the Covid-19 pandemic in 2020. The court concludes that the employee's amended complaint fails to meet certain pleading standards.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: December 13, 2023, Case #: 3:21cv923, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment Discrimination, Employment Retaliation
J. Emas finds the trial court properly found for the insured in a lawsuit between it and the insurance company over coverage of damages the insured's property sustained during Hurricane Irma. All of the insurance company's arguments fail, including those regarding the denial of its eleventh-hour motion to amend its affirmative defenses, its challenge to what it claimed were adverse jury instructions and its motion for mistrial based on supposed allegations of fraud the insured made against it in front of the jury. The final judgment in favor of the insured for $884,371 stands. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: December 13, 2023, Case #: 22-0248, Categories: Insurance, Contract
J. Tookey finds the trial court erred in failing to suppress statements taken after defendant, convicted of child sex abuse, invoked his right to counsel. “The conduct of law enforcement was likely to elicit some type of incriminating response from defendant…and, therefore, constituted unlawful interrogation.” Reversed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: December 13, 2023, Case #: A177144, Categories: Evidence, Child Victims
J. Emas finds the trial court properly denied defendant's appeal of his judgment and conviction for misdemeanor trespass and resisting an officer without violence. Defendant's challenge to his sentence based on the trial court's statements at a post-sentencing hearing questioning the truthfulness of defendant's testimony fails, as the trial court was not erroneous in considering this aspect under Florida precedent when fashioning an appropriate sentence. The rest of defendant's arguments are dismissed without discussion. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: December 13, 2023, Case #: 23-0589, Categories: Sentencing, Resisting Arrest, Trespass
[Consolidated] J. Miller finds that the trial court improperly found Florida statutes shield two mortgagees from claims in a lawsuit from the daughter of the deceased father in part seeking to quiet title to three real estate properties. The facts at issue in the case precluded application of the statute the trial court cited, so the daughter's motion for re-hearing is granted and a previous appellate court order in this case from October 11, 2023, is substituted with this opinion. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: December 13, 2023, Case #: 22-1468, Categories: Property, Contract
J. Wood finds that the lower court properly dismissed the death row prisoner's suit alleging he received constitutionally deficient medical care, and suffered a sexual assault in the U.S. Penitentiary in Terre Haute, Indiana. Dismissal of defendant's case was a reasonable sanction for defendant's conduct - submitting a forged document to support his claim that he exhausted his administrative remedies. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: December 13, 2023, Case #: 22-3308, Categories: Constitution, Evidence, Sanctions
J. Emas finds the trial court properly denied the former husband's challenge to awards given to the former wife in the final judgment dissolving their marriage. Despite the short-term nature of the seven-year marriage, the trial court's award of $1,000 permanent monthly alimony, one-time lump sum alimony comprising the husband's interest in their marital home and 50% of the husband's 401(k) account is supported by the evidence, including because of circumstances brought on by the wife's multiple sclerosis diagnosis prior to their marriage and her suffering effects from treatment for a brain tumor after they married. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: December 13, 2023, Case #: 22-0409, Categories: Family Law
J. Nachmanoff denies the prison psychiatrist's motion for summary judgment on malpractice claims. A MIT-trained nuclear engineer suffering from bipolar disorder was indicted in federal court for robbing a bank and committing an armed carjacking. The court labeled him unfit to stand trial and ordered him to spend a year and a half at a medical facility receiving antipsychotic medications. After it was determined he was competent again, he pled guilty. He was transferred to a detention center where the psychologist declined to continue his prescriptions and never scheduled any follow-up treatment, leading to the engineer killing himself in his cell. Genuine issues of fact remain as to whether the psychologist's failure to treat constituted malpractice.
Court: USDC Eastern District of Virginia, Judge: Nachmanoff, Filed On: December 13, 2023, Case #: 1:23cv248, NOS: Other Statutory Actions - Other Suits, Categories: Health Care, Tort, Negligence
J. Alexander finds the lower court properly upheld the tax assessments on the company's vehicles. Although the vehicles are also taxed in Massachusetts - the state in which they are registered - the "double taxes" are the result of separate, non-discriminatory tax schemes that do not violate the Dormant Commerce Clause. Affirmed.
Court: Connecticut Supreme Court, Judge: Alexander, Filed On: December 13, 2023, Case #: SC20748, Categories: Commerce, Tax, Vehicle
J. Mooney finds that the trial court properly admitted statements made by the victim that were used to convict defendant of sodomy and sexual abuse. “The fact that the victim’s circumstances closely mirrored the general principles [the forensic interviewer] described did not indicate whether she did or did not believe the victim.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: December 13, 2023, Case #: A176701, Categories: Evidence, Sex Offender, Child Victims
[Consolidated.] J. Brown finds that the trial court should not have found for the company that was hired to exercise a horse that collided with a jockey at a racetrack while practicing, injuring the jockey and the jockey's horse. In this case, there was no motion for summary judgment under consideration when the trial court granted summary judgment in favor of the company. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: December 13, 2023, Case #: 2023-CA-0333, Categories: Negligence, Contract
J. Tapp grants the U.S. dismissal of a post-bid award protest concerning a contract for a "next generation self-contained breathing apparatus" because the Air Force reasonably considered proposals and made its decision on a "best value tradeoff."
Court: Court of Federal Claims, Judge: Tapp, Filed On: December 13, 2023, Case #: 23-1155, Categories: Contract
J. Sklar finds a lower court properly denies a parent's motion for a jury trail on misdemeanor domestic violence charges. The defendant argued that he is entitled to relief based on his claims that a conviction for domestic abuse would be detrimental to his rights for parenting time with his three children. However, the State presented sufficient evidence in court that he committed a class-one misdemeanor, which does not afford him a trial by jury. Affirmed.
Court: Arizona Court Of Appeals Division Two, Judge: Sklar, Filed On: December 13, 2023, Case #: 2 CA-CV 2023-22, Categories: Family Law, Jury
J. Teeter rules a former employee may pursue hostile work environment based on race against his former employer. The former car dealership employee, who is Black, sufficiently showed in court that he was deprived of leads based on his race, and was told to "stop bitching" when he complained.
Court: USDC Kansas, Judge: Teeter, Filed On: December 13, 2023, Case #: 2:22cv2246, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Stiles finds that the trial court properly ruled in favor of the insurer in enforcing the parties' high/low settlement agreement and dismissing the motorist's claims that stem from an auto accident that ultimately led to his leg being amputated below the knee. The clear language in the agreement indicates it was triggered by the jury's verdict and that the parties intended to settle all claims resulting from the accident and waive the right to post-trial motions. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: December 13, 2023, Case #: CA-23-284, Categories: Settlements