197 results for 'filedAt:"2023-08-24"'.
Per curiam, the appellate division finds that attorney Thomas Giordano may be reinstated following his September 2022 suspension for failing to meet registration requirements because Giordano complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: PM-187-23, Categories: Attorney Discipline
J. Snauffer finds that the Public Utilities Commission erred in imposing $2.7 million in penalties on several rural telephone companies and denying their petition for rehearing. The companies properly relied on a 2006 Commission decision that laid out the disclosure requirements for public utilities selling company assets. The Commission failed to provide the companies the fair notice required by due process of the disclosure requirements it cited in assessing the penalties.
Court: California Courts Of Appeal, Judge: Snauffer, Filed On: August 24, 2023, Case #: F083940, Categories: Communications, Securities, Due Process
J. Longoria finds that the lower court properly denied the father's petition seeking to modify a child support order. The father argued that he was entitled to modification as a result of "his reduced income." However, the lower court did not abuse its discretion when it implicitly found "no material and substantial change" in his circumstances. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: August 24, 2023, Case #: 13-23-00005-CV, Categories: Civil Procedure, Family Law
J. King finds the lower court improperly determined that the charging document mandate, required by an extradition treaty signed by the U.S. and Lithuania, does not require a charging document analogous to an indictment under American law. The Lithuanian accused of white-collar real estate crimes in his home country was only notified of suspicion by the authorities rather than being delivered a charging document listing the exact charges he faced. Reversed.
Court: 4th Circuit, Judge: King, Filed On: August 24, 2023, Case #: 22-6901, Categories: Immigration, Habeas, Extradition
Per curiam, the appellate division finds that attorney Christopher Gottscho may be reinstated following his September 2022 suspension for failing to meet registration requirements because Gottscho complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: PM-188-23, Categories: Attorney Discipline
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J. Nardini finds that the district court improperly denied a Lebanese bank's request to be removed from claims of aiding Hezbollah in terrorist attacks in Iraq that injured and killed Americans. The timing of the action in light of the bank's acquisition and liquidation by the Lebanese central bank did not preclude an attempt to seek dismissal on grounds of foreign sovereign immunity. On remand, a determination should be made on whether the bank now is an instrumentality of a foreign sovereign.
Court: 2nd Circuit, Judge: Nardini, Filed On: August 24, 2023, Case #: 21-2019, Categories: Terrorism, Immunity, Banking / Lending
J. Golemon finds the trial court properly civilly committed defendant for sex-offender treatment and supervision. The forensic psychologist with expertise in sex offender risk assessment diagnosed the 75-year-old defendant with pedophilic disorder and unspecified personality disorder with anti-social traits. Defendant has admitted to multiple sexual assaults of male and female children, having been arrested for the offenses multiple times beginning when he was in his twenties. The jury found defendant to be a sexually violent predator beyond a reasonable doubt and the Ninth District will not substitute its determination. Evidence shown that is contrary to the finding is insignificant against the whole record, and all statutory elements are met. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: August 24, 2023, Case #: 09-21-00232-CV, Categories: Sex Offender, Commitment, Child Victims
J. Parker denies the appellants' motion for rehearing and substitutes the current opinion, holding that the lower court properly rendered a take-nothing judgment against the appellants in this lawsuit stemming from the sale of a family farm. The appellants sued the purchasers for breach of contract, based on an alleged oral agreement that the sellers could "buy back their residence." However, under the purchase agreement, there was no obligation for the purchasers to convey property back to the sellers. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: August 24, 2023, Case #: 07-22-00144-CV, Categories: Real Estate, Contract
J. Foster largely dismisses the Minnesota Sex Offender Program detainee's complaint alleging personal injuries and violations of his civil rights, with one exception. Claims under the Eighth Amendment against one of the program's doctors in her individual capacity survive, since the detainee has asserted detailed allegations regarding her refusal to provide care after he requested it. The remaining claims variously are improperly asserted under the U.S. and Minnesota constitutions directly, rather than under relevant statutes, inadequately pleaded or duplicative of other counts.
Court: USDC Minnesota, Judge: Foster, Filed On: August 24, 2023, Case #: 0:12cv646, NOS: Civil Detainee: Conditions of Confinement - Prisoner Petitions, Categories: Civil Rights, Medical Malpractice
J. Sabraw grants LLC Enterprise's motion to disqualify Stryder Holdings' counsel in a lawsuit over the purchase of a company, Empire Ecommerce, that allegedly had numerous liabilities that were not disclosed prior to the sale. Stryder's counsel must be disqualified from the case due to its prior representation of Empire Ecommerce. The law firm had "a direct and personal relationship" with Empire both during Snyder's operation of Empire and after LLC Enterprise's acquisition of Empire.
Court: USDC Southern District of California, Judge: Sabraw, Filed On: August 24, 2023, Case #: 3:22cv1944, NOS: Other Contract - Contract, Categories: Fraud, Business Practices, Contract
J. Spain finds that the trial court properly ruled in favor of the nursing assistant on her claims for negligence and premises liability stemming from an employment-related injury that occurred as she tried to transfer a bariatric patient by herself. The nursing facility's Rule 306a motion in which it sought "to reset postjudgment deadlines" was correctly denied. Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 24, 2023, Case #: 14-22-00190-CV, Categories: Civil Procedure, Evidence, Negligence
J. van Cleef finds that the trial court properly modified the parties' divorce and allowed the mother to relocate the children to Maine. The evidence showed that a "substantial change of circumstances" had occurred and that the relocation was in the best interest of the children. "Maine had better rated schools with a twelve-to-one student-to-teacher ratio versus Texas's twenty-four-to-one ratio." Affirmed.
Court: Texas Courts of Appeals, Judge: van Cleef, Filed On: August 24, 2023, Case #: 06-23-00012-CV, Categories: Evidence, Family Law
J. Kobes finds a lower court properly convicted a defendant for Hobbs Act Robbery, but erred in failing to dismiss claims of possession of a firearm in furtherance of a crime of violence. The defendant argued that there was insufficient evidence concerning his plans to rob a drug dealer. However, the government presented sufficient evidence in court that surveillance revealed that the defendant would have carried out the crime armed with a rifle, which he unknowingly planned with a confidential informant. Affirmed in part.
Court: 8th Circuit, Judge: Kobes, Filed On: August 24, 2023, Case #: 22-1759, Categories: Evidence, Firearms, Robbery
J. Haight grants the class's motion for more than $139,000 in attorney fees, ruling its status as the prevailing party entitles it to fees under the Individuals with Disabilities Education Act, while the hourly rates and work hours submitted by the attorneys are reasonable, given their experience and the complexity of the litigation.
Court: USDC Connecticut, Judge: Haight, Filed On: August 24, 2023, Case #: 3:16cv1197, NOS: Education - Civil Rights, Categories: Education, Attorney Fees, Class Action
J. Settle grants the corrosion control technician's motion to remand his class action alleging that the energy utility company has a practice of not paying its employees their full due wages. The company fails to prove that the removal was proper, as the technician only alleges violations of Washington statutes, which are not preempted by the two collective bargaining agreements that fall under federal jurisdiction. The claims only allege missed meal periods, not meal periods and rest periods as set in a prior case.
Court: USDC Western District of Washington, Judge: Settle, Filed On: August 24, 2023, Case #: 3:22cv5942, NOS: Labor/Management Relations - Labor, Categories: Employment, Jurisdiction, Class Action
J. Kruger finds that the appeals court improperly invalidated a regulation that bars bail bond agents from contracting with jail inmates to notify agents of new arrests. The appeals court held that the Bail Bond Regulatory Act violates the First Amendment, but the Act only prohibits agents from using inmates to solicit arrestees and agents may still seek information about arrestees from public sources. Also, the state has interests beyond the way that bail bond agents drum up business, as the Act promotes the orderly administration of jails and fair competition between bail bond agents. Reversed.
Court: California Supreme Court, Judge: Kruger, Filed On: August 24, 2023, Case #: S267138, Categories: Constitution, Bail
J. Groves finds the trial court properly denied defendant's motion to sever weapons and drug charges into separate trials because the evidence for each count of his indictment was simple and direct, which left little room for the jury to be confused and allowed all of the charges to be tried together. Meanwhile, the trial court's decision to impose consecutive sentences was supported by defendant's history of criminal conduct, while the court also made all necessary findings before making its decision. Affirmed.
Court: Ohio Court Of Appeals, Judge: Groves, Filed On: August 24, 2023, Case #: 2023-Ohio-2953, Categories: Criminal Procedure, Firearms, Assault
J. Harpool finds for the university in a First Amendment suit filed by a vegetarian activist against a university regulation providing that non-university affiliates get written permission before using university grounds or be deemed guilty of trespass. There is no evidence that anyone every applied this regulation to the activist's leafletting activities. Despite several run-ins with the university administration, he continues to distribute his pamphlets without anyone deeming him to be trespassing.
Court: USDC Western District of Missouri, Judge: Harpool, Filed On: August 24, 2023, Case #: 2:20cv4239, NOS: Other Civil Rights - Civil Rights, Categories: Education, Property, First Amendment