149 results for 'filedAt:"2023-06-27"'.
J. Quereshi denies a logistics firm and one of its semi-trailer truck drivers their motion to dismiss allegations of a hit and run and liability. The firm argues that it is not liable because its associated freight company, not itself, owns the truck involved in the collision. But, the two are often co-defendants in litigation, and it cannot be determined yet whether the couple whose car the driver hit has failed to establish subject matter jurisdiction.
Court: USDC Maryland, Judge: Quereshi, Filed On: June 27, 2023, Case #: 8:22cv2984, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Tort, Vehicle, Jurisdiction
J. Stewart finds that disputed issues of fact about whether a property owner abandoned a railroad easement should have precluded summary judgment that kept the easement in force. Ambiguous language in the easement deed and conflicting evidence about the use of the easement must be resolved. Some evidence points to abandonment and the trial court misunderstood the law governing an intent to abandon an easement. Reversed.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: June 27, 2023, Case #: A163550, Categories: Property
J. Mullins finds the lower court properly upheld the referee's award of $15,000 in damages to the black woman for claims of emotional distress related to years of abuse by her neighbor. Although this court has previously upheld damages in the range of $30,000-$125,000 for "garden variety" emotional distress claims, those rulings did not establish a floor of $30,000 for ensuing cases. Meanwhile, the referee's award was not unreasonable on its face, considering the victim did not require mental health services, did not move from the condo complex, and relied entirely on her own, uncorroborated statements as evidence of the emotional distress. Affirmed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: June 27, 2023, Case #: SC20655, Categories: Evidence, Damages, Emotional Distress
J. Griffin finds that the court of appeal properly determined that a creditor’s recovery in a deficiency judgment action is barred against a surety when a creditor forecloses on property through a judicial sale without appraisal. Under the Louisiana Deficiency Judgment Act, the surety is discharged from his obligations because the foreclosure through a judicial sale without appraisal left the surety with no rights of subrogation. Affirmed as amended.
Court: Louisiana Supreme Court, Judge: Griffin, Filed On: June 27, 2023, Case #: 2022-C-01088, Categories: Debt Collection, Contract
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J. Doyle finds that the trial court properly ruled in favor of the insurer in an action brought by an individual seeking underinsured motorist coverage under a policy issued to an Uber subsidiary. The individual was functioning as an Uber driver under a fake name when she was injured in a car collision with another driver. The trial court correctly found that the individual did not qualify as an insured under the policy because she was not using her own Uber log-in credentials at the time of the collision and her use of a fake name in the Uber app precluded coverage based on the fraud condition in the policy. The absence of an unredacted copy of the policy does not require reversal. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 27, 2023, Case #: A23A0616, Categories: Insurance
[Consolidated.] J. Pirtle finds the trial court properly convicted defendant by no-contest pleas for multiple violations of protection orders got by his ex-girlfriend. The ex-girlfriend reported that defendant had sent her text messages, calling her ugly and apologizing. A subpoena of the number revealed 2,800 messages. Security video from jail showed another inmate placing calls then handing the phone to defendant. All evidence supports conviction. Claims of ineffective assistance were not proven or sufficiently pleaded and the sentences were within guidelines. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: June 27, 2023, Case #: A-22-552, Categories: Evidence, Restraining Order
J. King finds in favor of the loan agency for the patient's claim that it wrongfully attempted to collect a $2,700 medical debt that arose when the patient gave birth to her daughter in 2015, and a discrepancy with recording the date of birth led Medicaid to reject the medical center's submission of the patient's claim. The loan agency is entitled to summary judgment because none of the evidence supports the patient's argument that she did not owe a debt when the loan agency began its collection efforts and credit reporting, and it was not the loan agency's duty to investigate the validity of the debt before it was forgiven in 2021.
Court: USDC Western District of Washington, Judge: King, Filed On: June 27, 2023, Case #: 3:21cv5238, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Evidence, Consumer Law
J. Love finds that the mortgagee has an independent right to recover attorney fees and costs against the property's insurer for the failure to timely pay a property damage loss. Under May, a mortgagee with a standard mortgage clause is an additional insured and is entitled to recover attorney fees under statute. In this case, the policy’s mortgageholder clause is a standard mortgage clause and states that "the mortgageholder will still have the right to receive loss payment" if a claim is denied. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: June 27, 2023, Case #: 2023-C-0342, Categories: Insurance, Contract
J. Hodges finds that the trial court improperly ruled in favor of the housing authority in a negligence action brought by an individual arising from a car collision with the housing authority's employee. The housing authority is not a state agency, department or instrumentality because there is no evidence that it is intertwined with the state in terms of its purpose, function and management. The housing authority's employees are not connected to the state via rules affecting state workers and there is no evidence that it is intertwined with state funds. The trial court therefore incorrectly found that the housing authority was entitled to sovereign immunity. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: June 27, 2023, Case #: A23A0506, Categories: Immunity, Negligence
J. Pipkin finds that the trial court properly ruled in favor of the landlord on the tenant's negligence and trespass claims arising from a dispute over remediation efforts for water intrusions and mold growth on the leased premises. However, the trial court incorrectly found in favor of the landlord on the tenant's breach of contract and attorney fees claims. A section of the lease governing the tenant's installation of fixtures does not apply to the breach of contract issue related to work performed by the tenant on the ceiling. An issue of material fact exists as to the claim which must be decided by a jury. Reversed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 27, 2023, Case #: A23A0276, Categories: Landlord Tenant, Negligence, Contract
J. Fox finds that the lower court properly denied a motion to suppress evidence found a in car that led to a drug charge. The traffic stop that led to the drug find took place after defendant failed to signal a left turn and the officer smelled drugs in the car, so the stop passed legal muster. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: June 27, 2023, Case #: S-23-0016, Categories: Drug Offender, Search
J. McFadden finds that the trial court properly entered an order awarding a couple $648,000 as compensation for the partial taking of their property for a highway project. The department failed to properly preserve its evidentiary challenges for appellate review and failed to clarify whether the trial court definitively ruled on the renewed pre-trial motion to prevent the introduction of evidence related to purported consequential damages caused by the project. The department failed to show that the trial court committed any plain error. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 27, 2023, Case #: A23A0136, Categories: Property
Per curiam, the Louisiana court finds that the trial court should not have rendered a broad-brush judgment when it granted an injured gas station patron's motion for an adverse presumption based on spoliation of the evidence. The patron claimed that he struck his head on a piece of metal protruding from a post located behind the car vacuum cleaner. The patron concedes that the gas station's failure to preserve the video footage was unintentional because the gas station received the preservation notice after the time for recovering the video footage would have already lapsed. However, the gas station removed the metal piece from its original location and, as a result, altered the configuration and placement of the protruding piece of metal as it appeared when the patron was injured. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: June 27, 2023, Case #: 23-C-294, Categories: Evidence, Negligence
J. McCallum finds that the court of appeal should not have reduced the general damages awarded to the minor victim of a sexual assault. The jury properly assessed the damages amount based on the victim being an eight-year-old special education student being sexually assaulted during a camp by a fourteen-year-old child who was on probation for aggravated sexual assault. The victim's father testified that the victim has not been the same since the incident, began to struggle with anger and "has a lot more negativity." Further, an expert testified that the victim was afraid, nervous, and anxious and has suffered post-traumatic stress disorder as a result of the sexual assault. Reversed in part.
Court: Louisiana Supreme Court, Judge: McCallum, Filed On: June 27, 2023, Case #: 2022-C-00961, Categories: Evidence, Damages, Negligence
J. McFadden finds that the trial court improperly found partially in favor of the former employee on his breach of contract claim against the employer arising from the employer's alleged failure to fully pay him an incentive award. The trial court incorrectly found that the employee was entitled to the full amount of long-term incentive in the agreement without considering the employer's audited financial statements. The trial court correctly denied the employer's cross-motion for summary judgment on the beach of contract claim. Reversed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 27, 2023, Case #: A23A0490, Categories: Contract
J. Welch finds the juvenile court properly terminated the father’s parental rights to his three minor children. The children were removed based upon allegations of domestic violence and substance use by the parents. Termination proceedings were begun after the father failed to correct conditions or to complete family support services, supervised visitations, drug testing, batterer’s intervention, personal therapy and parenting classes. All evidence supports the best-interest finding. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: June 27, 2023, Case #: A-22-862, Categories: Evidence, Family Law, Guardianship
J. Carson finds that the lower court improperly sentenced defendant for his firearm and battery convictions. Under the relevant sentencing rules, he is entitled to a downward sentencing adjustment due to having already served time for another related offense. Resentencing proceedings are needed. Vacated.
Court: 10th Circuit, Judge: Carson, Filed On: June 27, 2023, Case #: 21-6167, Categories: Firearms, Sentencing, Battery
J. McFadden finds that the trial court improperly ruled in favor of the store owner in a premises liability action brought by the customer arising from a trip-and-fall incident. A genuine issue of fact exists as to whether a floor mat on the premises was a hazardous condition. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: June 27, 2023, Case #: A23A0240, Categories: Negligence, Premises Liability
J. Bacharach finds that the lower court properly granted summary judgment to a jail after a former employee sued for retaliation for placing her on leave after she drafted a petition that was critical of the jail's treatment of employees. The jail could only be liable if the petition concerned a public matter, but because it was private, her claims fail. Affirmed.
Court: 10th Circuit, Judge: Bacharach, Filed On: June 27, 2023, Case #: 22-2106, Categories: Employment, Employment Retaliation
J. McNulty rules in part for a Colombian food company in claims contending distributors sold products bearing logos similar to the Zenu and Ranchera trademarks. One distributor has a U.S. trademark for Zenu products, and evidence points both ways as to whether the marks are confusing. Meanwhile, evidence did not indicate the companies became aware of potential copyright infringement. However, there is a "very high degree of similarity" between the companies' packaging.
Court: USDC New Jersey, Judge: McNulty , Filed On: June 27, 2023, Case #: 2:16cv6576, NOS: Trademark - Property Rights, Categories: Trademark
J. Wilson finds that the lower court properly denied a motorist's challenge to a Missouri law prohibiting an uninsured motorist from collecting noneconomic damages. The motorist failed to preserve her claim for appellate review because she waived her right to a jury trial. Affirmed.
Court: Missouri Supreme Court, Judge: Wilson, Filed On: June 27, 2023, Case #: SC99700, Categories: Civil Procedure, Vehicle