133 results for 'filedAt:"2023-08-29"'.
J. Pryor finds that the district court properly convicted defendant of Hobbs Act robbery, conspiracy to commit Hobbs Act robbery and brandishing a firearm during a crime of violence. The district court did not abuse its discretion by striking a juror for cause due to her answers to questions about her ability to be impartial. The juror, a Jehovah's Witness, could not confirm her ability to be fair and said she could not judge other people due to her religious beliefs and her lack of faith in the justice system. The district court correctly allowed police officers to offer lay opinion testimony identifying defendant in surveillance videos and photos. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: August 29, 2023, Case #: 22-10179, Categories: Jury, Robbery
J. Callahan finds that the district court improperly entered summary judgment in favor of the City and County of San Francisco in an action challenging the City’s Healthy Airport Ordinance. The ordinance requires airlines that contract with the City to use San Francisco International Airport to provide employees with certain health insurance benefits. A representative of the airlines claimed that by enacting the ordinance and amending San Francisco International Airport's contract with the airlines, the City acted as a government regulator and not as a market participant. Civil penalty provisions carried the force of law and therefore made the City and County of San Francisco a regulator. Reversed.
Court: 9th Circuit, Judge: Callahan, Filed On: August 29, 2023, Case #: 22-15677, Categories: Employment, Health Care, Municipal Law
J. Stewart reverses the court of appeals decision upholding a finding for a city on a union's complaint, in which it argues a fire chief's retirement created a vacancy in the department, regardless of the fact he was rehired the next day. A vacancy in the fire department occurred immediately upon the retirement and, therefore, the city was required to fill the position via the mandated promotional process. While the chief claims he never intended to resign but merely wanted to collect pension benefits simultaneously, his intent is irrelevant and the case must be remanded to the appeals court to consider the union's previously mooted arguments. Reversed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: August 29, 2023, Case #: 2023-Ohio-2976, Categories: Civil Procedure, Employment, Labor / Unions
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J. Chaisson finds that the trial court properly disqualified a candidate for the office of Sheriff of St. John the Baptist Parish. The evidence from the state department of revenue shows that the candidate did not file his state income taxes for 2020, 2021, and 2022. Further, the candidate did not explain why he could not provide evidence to support that he was unable to access his alleged bankruptcy documents. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chaisson, Filed On: August 29, 2023, Case #: 23-CA-421, Categories: Elections, Evidence
J. Oetken grants the insurer's motion for a declaratory judgment stating that it is not responsible to pay for the insured's losses because it failed to disclose known building code violations at the property on its application. The insurer did not waive its right to rescind the policy in the event of a material misrepresentation by the insured, as internal emails show the insurer was unaware of the code violations until May 2020.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: August 29, 2023, Case #: 1:22cv2025, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Arterburn finds the county court properly imposed a surcharge of $84,224 on the former representative of his father’s estate after his half-sister was appointed representative. The surcharge should be based on the son’s failure to collect rent from tenants occupying the estate’s real estate and for using funds to pay unreasonable expenses. The surcharge should not be based on the son’s actions regarding the estate’s stock. The appellate court remands for the county court to discern how it determined the amount of the surcharge. The appeals court lacks jurisdiction to review the decision to remove the son as representative because he did not timely appeal. Affirmed in part. Dismissed in part and remanded with directions.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: August 29, 2023, Case #: A-22-782, Categories: Real Estate, Wills / Probate, Contract
J. Page finds that this appeal of the trial court's judgment enforcing a lien filed by the plaintiffs' former attorney against their shares of a partition sale must be dismissed. The appellate brief fails to coherently state what the lower court allegedly did in error or how it violated any legal rule. On remand, the lower court shall determine the former attorney's reasonable attorney fees expended on this appeal.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: August 29, 2023, Case #: ED110934, Categories: Enforcement Of Judgments, Attorney Fees
J. Kautz finds that the lower court properly determined the taxable value on a company's natural gas liquid production. The company says the final determination did not take into account certain deficiency fees it had to pay relating to a purchase agreement, but the language of that purchase agreement made it clear it would not influence the final taxable value total. Affirmed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: August 29, 2023, Case #: S-22-0271, Categories: Tax
J. Arterburn, in this marriage dissolution, finds the county court properly distributed real estate purchased during the marriage by the husband for significantly less than fair market value. The difference between the purchase price and the fair market value of the land was a gift to the husband from his family, and so was his separate property. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: August 29, 2023, Case #: A-22-723, Categories: Family Law, Property, Contract