135 results for 'filedAt:"2023-09-05"'.
J. Robinson finds the trial court properly denied the husband's motion to enforce the ketubah prenuptial agreement signed by he and his wife. Doing so would have required interpretations of Jewish law for the purposes of property division, which would have violated the Establishment Clause. Meanwhile, the award of $5,000 in monthly alimony payments for 15 years to the wife was supported by credible evidence, including the husband's employment as a rabbi in 2021 for a salary of $202,000, and was not unfair, given the couple's assets were divided equally and the husband received the marital residence. Affirmed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: September 5, 2023, Case #: SC20664, Categories: Constitution, Family Law, First Amendment
J. Sargus denies the police officer's motion for summary judgment, ruling that while the arrival of the K-9 unit over 12 minutes into the traffic stop is not immediately indicative of a prolonged stop, the officer's actions create an issue of fact as to whether he unreasonably delayed the stop. The officer called for the K-9 unit almost immediately after he pulled over the driver for a license plate infraction, never started paperwork for a ticket, and had another officer speak with the driver midway through the stop, all of which could be interpreted by a jury as unnecessary delays to allow for the eventual search.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: September 5, 2023, Case #: 2:21cv5039, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence
J. Lin partially denies the information technology company's motion to exclude the testimony of the insurance company's battery expert, Michael Eskra, as part of the insurance company's lawsuit alleging that the lithim-ion battery in the technology company's laptop started a fire that caused damage to the apartment of an insured client. Although by his own admission Eskra is not an expert on the laptop's System Management Bus (SMBus) and thus cannot explain its intricate details, his detailed report and deposition show that he can explain to a layperson how a SMBus generally functions with a battery system, and how the fire could have started that way.
Court: USDC Western District of Washington, Judge: Lin, Filed On: September 5, 2023, Case #: 2:19cv138, NOS: Tort Product Liability - Real Property, Categories: Product Liability, Experts, Discovery
J. Collins holds the trial court properly found the husband violated the parties' separation agreement when he failed to send her payments from his military pension benefits. Although she is not entitled to receive payments directly from the Department of Defense given the length of the couple's marriage, this does not void the husband's duty to make payments. Affirmed.
Court: North Carolina Court of Appeals, Judge: Collins, Filed On: September 5, 2023, Case #: COA23-66, Categories: Family Law, Pensions, Military
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J. Garaufis adopts a magistrate judge's report and recommendation and enters default judgment against a website owner as to liability on a professional photographer's claims for copyright infringement, but denies it with respect to statutory damages and attorney fees. To prevail on a claim for statutory damages, a litigant must show the work was published prior to the date of alleged infringement, and in this case, the litigant fails to provide evidence that his photograph was published prior to the date the website owner posted the photograph on its website.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: September 5, 2023, Case #: 1:22cv5942, NOS: Copyrights - Property Rights, Categories: Copyright
Per curiam, the Supreme Court of Ohio finds attorney Griff Nowicki will be suspended from the practice of law for one year for engaging in sexual conduct with a client while representing that client and her husband in a civil matter. Although Nowicki eventually withdrew as counsel for the couple, he represented the wife in divorce proceedings despite an obvious conflict of interest, but his suspension will be stayed so long as he commits no further misconduct and completes continuing education classes.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 5, 2023, Case #: 2023-Ohio-3079, Categories: Evidence, Sanctions, Attorney Discipline
J. Oetken dismisses a pro se woman's claim that the New York Times defamed her in an article titled "A Vast Web of Vengeance" by describing her as a mentally ill woman who made anonymous internet posts accusing those who have slighted her of pedophilia, fraud, and other offenses. The articles clearly reported on the Canadian judicial proceedings against the woman. Even if these charges were withdrawn after the article was published, that does not retroactively render The Time's coverage defamatory.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: September 5, 2023, Case #: 1:22cv853, NOS: Other Civil Rights - Civil Rights, Categories: Defamation
J. Welch finds the district court properly denied the father's request for sole custody of his minor children and modification of his parenting time. The father alleges that the mother's move was not in the children’s best interests, substantially interfering with his parenting time. He also claims the mother has failed to co-parent. The district court found that the mother’s move constituted a material change in circumstances and determined that the children’s best interests required a modification to parenting time. This determination was within the court’s responsibility to conduct an independent inquiry into the children’s interests. All assigned errors have been properly considered. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: September 5, 2023, Case #: A-22-966, Categories: Family Law, Guardianship