177 results for 'filedAt:"2023-06-28"'.
J. Chutich affirms the district court's denial of a postconviction relief request brought by a prisoner with outstanding convictions for first-degree premeditated murder and second-degree intentional murder. While good cause exists to extend a deadline to file the prisoner's notice of appeal, and thus the Supreme Court has jurisdiction to hear his case, the district court did not abuse its discretion by summarily denying the prisoner's claims, which fail on the merits. Affirmed.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: June 28, 2023, Case #: A22-1817, Categories: Confrontation, Murder, Jurisdiction
J. Browning grants the University of New Mexico’s dean of students’ motion for judgment on the pleadings in this case in which a student basketball player accused of battery was banned from campus while classes were not in session, finding the player has not sufficiently alleged a due process interest.
Court: USDC New Mexico, Judge: Browning , Filed On: June 28, 2023, Case #: 1:20cv3, NOS: Other Civil Rights - Civil Rights, Categories: Due Process
J. Ortego finds that the lower court improperly reinstated the parish tax assessor's original assessments against the property owner. The evidence supports the tax commission's ruling that the property owner was entitled to a reduction in the value of its pipelines on the property due to obsolescence. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: June 28, 2023, Case #: CA-22-740, Categories: Administrative Law, Property, Tax
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J. Smith finds that the trial court properly terminated the mother's and father's parental rights to their child based on sufficient evidence to support the predicate grounds and the best interest finding. The mother and father endangered the child's physical and emotional well-being by repeatedly engaging in domestic violence and abusing drugs. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 28, 2023, Case #: 10-23-00041-CV, Categories: Evidence, Family Law
J. Ciklin finds that the trial court improperly found for the insured in breach of contract claims concerning property damaged by a hurricane. The insurer should have been granted a directed verdict since no reasonable jury would determine that the engineering report constituted a "cost to repair or replace" the roof. Reversed.
Court: Florida Courts Of Appeal, Judge: Ciklin, Filed On: June 28, 2023, Case #: 4D22-1314, Categories: Insurance, Contract
J. Shepherd finds a lower court properly ruled in favor of Wells Fargo on an estate administrator's conversion claims. The estate administrator argued that Wells Fargo failed to prevent a stepson from funneling money from the estate's bank account by forging checks. However, the estate administrator failed to present the claims within the statute of limitations. Affirmed in part.
Court: 8th Circuit, Judge: Shepherd, Filed On: June 28, 2023, Case #: 22-2107, Categories: Conversion, Banking / Lending
J. Broderick denies a synagogue's motion for preliminary injunction to prevent the Governor from enforcing a law preventing concealed carry of firearms in locations providing any kind of childcare. Although the congregation alleges that the provision deprives them of their First, Second, and Fourteenth Amendment rights, and have proven standing, they do not allege that the state officials themselves are committing any ongoing violations of federal law. The Governor and Attorney General are not proper defendants. Equities and the public interest weigh against injunctive relief.
Court: USDC Southern District of New York, Judge: Broderick , Filed On: June 28, 2023, Case #: 1:22cv8300, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Firearms, Injunction
J. Aoyagi finds the trial court erred in convicting defendant of second-degree burglary on insufficient evidence. “Unless every criminal trespass into an unlocked building containing items that could be stolen is to be treated automatically as second-degree burglary, there must be some evidence linking the criminal trespass to an intention to commit theft.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: June 28, 2023, Case #: A177429, Categories: Burglary, Evidence, Trespass
J. Jacquot finds the trial court properly denied defendant’s motion for relief from default. “Defendant’s evidence was not sufficient to establish that, in the totality of the circumstances, the actions it took or omitted were reasonably designed to protect its interests such that any neglect was excusable.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: June 28, 2023, Case #: A175361, Categories: Business Practices
J. Simon finds in favor of the customer for his Unlawful Trade Practices Act claim against the car shop as part of the customer's lawsuit alleging that the car shop and its owners did not repair his Mustang and instead made it unsafe to drive. The car shop made untrue statements about the status and quality of restoration services on the customer's Mustang and the material defects of the vehicle's delivery, so the customer is entitled to $53,500 in economic damages.
Court: USDC Oregon, Judge: Simon, Filed On: June 28, 2023, Case #: 3:22cv1387, NOS: Other Contract - Contract, Categories: Negligence, Contract, Racketeering
Per curiam, the circuit finds that the district court properly found for two nightclubs that feature partially nude dancers in claims in which 20 models contend their images were used in ads without consent. Precedent holds that consumer confusion was not likely to result from use of the models' photos, as they lacked sufficient recognizability by the public. However, one plaintiff was properly awarded $5,000 in damages for unauthorized use of a particular image. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 28, 2023, Case #: 22-916, Categories: Civil Procedure, False Advertising
J. Steigmann finds the trial court improperly granted summary judgment to the school bus driver injured in a traffic accident who says the policy covering the at-fault driver's fleet truck for $1 million, which also covers 6 other uninvolved trucks, should be "stacked" to result in liability of $7 million. Regardless of any ambiguity in the policy, its anti-stacking provision is clear and should be applied as such. Reversed.
Court: Illinois Appellate Court, Judge: Steigmann , Filed On: June 28, 2023, Case #: 4-22-0827, Categories: Insurance, Vehicle
J. Smith finds that the trial court improperly ruled against a widow’s contest to a will admitted by the executor of the will, the deceased’s brother. On appeal, the widow asserts that the trial court erred in allowing her counsel to withdraw from the case because he failed to provide good cause to do so. The widow’s attorney did not comply with statutory requirements to withdraw from the case, thus the trial court’s decision to grant the withdrawal was an abuse of its discretion. Reversed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 28, 2023, Case #: 03-21-00288-CV, Categories: Civil Procedure, Wills / Probate
J. Baker finds that the trial court properly ruled in favor of the Texas Medical Board, affirming its decision to issue sanctions against a doctor for violating a law related to providing medical records to a patient. There is documentary evidence supporting the allegation that the doctor withheld records from the patient. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Baker, Filed On: June 28, 2023, Case #: 03-21-00593-CV, Categories: Health Care, Licensing, Sanctions
J. Doyle finds that the trial court properly ruled in favor of the association and board members in a declaratory relief action brought by the couple after the association levied fees for the couple's above-ground pool. The trial court correctly found that there was no genuine issue of fact as to whether the board's exercise of authority was not procedurally fair and reasonable. The board was entitled to recover the fines imposed on the couple. However, the trial court incorrectly found that the board was entitled to attorney fees. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 28, 2023, Case #: A23A0620, Categories: Attorney Fees, Contract
J. Scales finds partially in favor of the property appraiser in his and the homeowner's cross appeals of the trial court's judgment finding in part that the homeowner was not entitled to claim a homestead tax exemption for his Florida property in 2007 and upholding the appraiser's revocation of the exemption for the years 2008 through 2015. The trial court correctly determined both that the homeowner was not entitled to the exemption in 2007 because he was living in Hong Kong and his family was living in Cincinnati and that a 10% assessment limitation must be applied to the tax lien the appraiser is seeking to collect, but the portion of the court's order upholding revocation of the exemption for the years 2008 through 2015 is overturned, as the statutory scheme allows the homeowner to challenge revocation of the exemptions. The case is remanded for a new trial, where the homeowner has the burden to prove he was entitled to the exemption for any of the disputed tax years. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: June 28, 2023, Case #: 21-2432, Categories: Property, Tax
J. Graves finds the district court improperly entered an order appointing a receiver over all corporations and entities controlled by the real estate developer who partnered with a Chinese broker to offer and sell investment loans to Chinese investors. Approximately $23.7 million in investor funds were comingled and misused before the SEC filed suit. Under guiding case law, the SEC could have sought an injunction freezing asset transfers while it traced the funds and determined which entities should be placed in the receivership, which it did not. Vacated.
Court: 5th Circuit, Judge: Graves , Filed On: June 28, 2023, Case #: 22-11132, Categories: Real Estate, Securities, Injunction
J. Lasalle finds that the lower court properly found that a motorist's decision to undergo surgery after sustaining serious injuries to his spine in a car accident cannot be the basis of sanctions for spoliation of evidence. A person's body is fundamentally different from inanimate evidence, and it is not reasonable to require a plaintiff to delay medical treatment, and potentially prolong his or her suffering, solely to allow a defendant to examine the plaintiff's body in a presurgical state. Affirmed.
Court: New York Appellate Divisions, Judge: Lasalle, Filed On: June 28, 2023, Case #: 03453, Categories: Sanctions, Tort, Discovery
J. Markle finds that the trial court properly ruled in favor of the hospital authority in an action against the board seeking a declaration that its leasehold in a property was exempt from ad valorem taxation. The trial court correctly found that the authority's leasehold interest is exempt as public property. The property is a project contemplated under the authority's law because it is a continuing care residential retirement community which addresses a public need and its income derived from caring for the elderly is devoted to public purposes. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: June 28, 2023, Case #: A23A0373, Categories: Tax
J. Hellman finds the trial court erred in concluding California had specific personal jurisdiction in a business dispute. “The record does not establish that defendant had the required minimum contacts with California.” Reversed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: June 28, 2023, Case #: A175930, Categories: Business Expectancy