136 results for 'filedAt:"2023-07-19"'.
J. Eyester dismisses the contractor’s appeal, without prejudice, seeking payment from the Department of the Army pursuant to a contract for road repairs at the Lone Star Multi-Use Range, Ft. Hood. The government notified the contractor that it intended to terminate the contract, instructing it to submit a termination settlement proposal. The government later issued a modification and unilaterally terminated the contract for convenience. There is nothing in the record showing the contractor submitted a termination settlement proposal prior to its submission of a “General Solutions Claim.” The contractor has failed to execute a certification of its claim, resulting in a defective certification that cannot be corrected. This board lacks jurisdiction.
Court: Armed Services Board Of Contract Appeals, Judge: Eyester, Filed On: July 19, 2023, Case #: 63458, Categories: Jurisdiction, Military, Contract
J. Byrne finds the trial court properly ruled against the owner of a rental property in a breach of contract suit brought by a nonprofit corporation alleging that the property owner failed to adequately maintain the rented space. On appeal, the property owner challenges the award given to the nonprofit, asserting that it was not supported by the evidence. Competent evidence was provided to establish that the nonprofit lost money while occupying the space because it was unable to host fundraising events due to the space’s poor condition. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: July 19, 2023, Case #: 03-21-00420-CV, Categories: Property, Contract
J. Seitz finds that shareholders did not act in concert to vote in a dissident slate of directors, and thus the bank board breached the duty of loyalty by instructing the inspector of elections to disregard more than 37,000 votes. Meanwhile, the court properly invalidated an adopted charter provision purporting to exculpate directors from claims alleging breach of the duty of loyalty. Affirmed.
Court: Delaware Supreme Court, Judge: Seitz, Filed On: July 19, 2023, Case #: 424, 2022, Categories: Corporations, Elections, Fiduciary Duty
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Golemon finds the trial court properly convicted defendant for evading arrest or detention, sentencing him to 18 months of confinement and ordering him to pay court costs as well as reimbursement and attorney fees. Though costs and reimbursement fees were not orally pronounced during sentencing, the costs and reimbursement fees are legislatively mandated and are not required to be pronounced. Though, without a change in defendant’s indigent status, the court cannot impose an award of attorney fees in the judgment against a defendant who remains indigent when the judgment is pronounced, and the attorney fees are deleted. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: July 19, 2023, Case #: 09-22-00415-CR, Categories: Escape, Due Process, Attorney Fees
J. Peterson finds for the county and sheriff's deputies in a lawsuit from a citizen claiming he was arrested with excessive force and without probable cause while recording with his phone the aftermath of a car accident on the highway in front of his house. While it's a close call, the deputies could be reasonably said to have probable cause to arrest the citizen for disorderly conduct or obstructing their investigation based on his behavior, including getting into angry interactions with and getting in the way of the deputies and a tow truck driver at the scene of the accident. Despite the citizen's claims that he could not breathe while officers briefly pinned him to the ground and handcuffed him after he resisted arrest, the deputies used reasonable force when arresting him. The deputies are entitled to qualified immunity, the citizen's false arrest and excessive force claims fail, and the county and deputies' motion for summary judgment is granted.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: July 19, 2023, Case #: 3:22cv121, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
J. Vaidik finds that defendant was properly convicted of carrying a handgun without a license. The fact that the state assembly changed the laws regarding handgun licenses does not apply retroactively to defendant. Affirmed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: July 19, 2023, Case #: 23A-CR-6, Categories: Firearms
J. Estudillo grants Kitsap County's motion to reconsider the imposition of default judgement regarding the family's claim that the county failed to retain 11 hours of video evidence from Jan. 1, 2020, which is relevant to the family's lawsuit alleging that NaphCare did not maintain adequate suicide prevention practices, leading to the death of the inmate. The 11 hours of deleted videotape may not be the most critical evidence in this case and may not have much bearing on the inmate's suicide, so entering default judgment provided a disproportionate reward to the family.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: July 19, 2023, Case #: 3:21cv5800, NOS: Other Civil Rights - Civil Rights, Categories: Evidence, Health Care, Sanctions
J. Hillman allows plaintiff to continue claims contending a bank disciplined and fired her after she complained that a coworker provided early product access to mortgage loan officers in violation of lending regulations. The complaint lacks some specificity, but whistleblower complaints do not require employees to know the exact inner workings of a company. Meanwhile, the employee, who was Black, was referred to as "aggressive" and a "lone wolf," which carries connotations of racial stereotypes.
Court: USDC New Jersey, Judge: Hillman , Filed On: July 19, 2023, Case #: 1:20cv18805, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Whistleblowers
J. Quereshi grants a joint motion between a food and beverage manager and a hospitality company after the manager sued for employment law violations. The manager claims she worked in excess of 90 hours a week, although she had been promised no more than 50, and that she was not compensated for overtime. Both parties agree to a settlement of $32,000, and the case is dismissed with prejudice.
Court: USDC Maryland, Judge: Quereshi, Filed On: July 19, 2023, Case #: 8:23cv839, NOS: Fair Labor Standards Act - Labor, Categories: Attorney Fees, Contract, Labor
J. Koppe grants the cosmetic medical treatment company’s motion to compel discovery in this suit alleging that a targeted fat reduction procedure which freezes fat cells and programs them to die over months resulted in the enlargement and hardening of tissue in the patient’s neck, requiring surgical procedures to remove it. She objects to the request for health insurance records as being precluded by the collateral source doctrine, though all the sought authorizations for medical and pharmaceutical records are relevant being the patient has put her physical, mental and emotional health at issue.
Court: USDC Nevada, Judge: Koppe, Filed On: July 19, 2023, Case #: 2:22cv972, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Discovery, Medical Malpractice