168 results for 'filedAt:"2023-09-20"'.
J. Ciklin finds that the trial court properly ruled in contract claims concerning the foundation's right to appoint members to the board of directors because the contract allowed the foundation to appoint all but two members, who were appointees of the university. Affirmed.
Court: Florida Courts Of Appeal, Judge: Ciklin, Filed On: September 20, 2023, Case #: 4D2022-0313, Categories: Education, Contract
J. Keller finds that the trial court improperly ruled in claims concerning a surety company's liability regarding civil filing fees related to forfeiture because the surety is not liable for fees the state is exempt from paying or which duplicate fees already charged. Reversed.
Court: Texas Court of Criminal Appeals, Judge: Keller, Filed On: September 20, 2023, Case #: PD-0018-23, Categories: Forfeiture
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J. Meyer denies, in part, the board of education's motion to dismiss, ruling that while the bulk of the teacher's complaint deals with the efficacy of the Covid-19 vaccine, her claim she was unable to express her religious beliefs because of the board's vaccine or test order during the pandemic is sufficient to state a plausible religious discrimination claim. However, because the board was required to implement the policy in response to the governor's mandates regarding the Covid-19 pandemic, the teacher's constitutional claims fail.
Court: USDC Connecticut, Judge: Meyer, Filed On: September 20, 2023, Case #: 3:22cv1459, NOS: Employment - Civil Rights, Categories: Constitution, Covid-19, Employment Discrimination
J. Nakamoto finds the trial court erred by deciding in favor of a company in a contract dispute over labor. “The dispute centers on the intended scope of the written contract and whether the parties’ performance was under that written contract or a later oral contract.” Reversed.
Court: Oregon Court of Appeals, Judge: Nakamoto, Filed On: September 20, 2023, Case #: A174473, Categories: Contract
J. Ortega finds the juvenile court properly denied a mother’s motions to invalidate the proceedings and dismiss the dependency petitions. “The court made the required active-efforts determination during each shelter hearing, so there was no violation of ORICWA.”
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: September 20, 2023, Case #: A179159, Categories: Family Law
J. Traum, in this amended order, grants the parents' motion for summary judgment in this suit alleging the school district improperly exited their child from special education services. Classroom observations provided by staff, together with the student's poor grades, do not suggest that he was able to access the curriculum without accommodations. The evidence shows he was eligible for special education services.
Court: USDC Nevada, Judge: Traum, Filed On: September 20, 2023, Case #: 3:21cv242, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Education, Evidence
J. Garaufis finds in favor of the City of Yonkers and a group of city police officers on claims that they falsely arrested and charged a NYPD police officer with shooting his on-and-off again girlfriend with his service pistol during an argument. During the initial interview with authorities, the girlfriend seemed apprehensive around the officer and claimed an unidentified attacker shot her outside her apartment. However, she later changed her story to claim the officer had in fact accidentally shot her with his pistol. Taken as a whole, there was enough evidence at the time to arrest and charge the officer on suspicions of domestic abuse.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: September 20, 2023, Case #: 1:18cv5353, NOS: Employment - Civil Rights, Categories: Malicious Prosecution, Police Misconduct
Per curiam, the appeals court finds the county has not met the high standard for second-tier certiorari review of the circuit court's reversal of a special magistrate's finding that the citizen violated county land development code regarding special vacation rental permits while acting as trustee of his revocable trust. Finding no departures from the requirements of law by the circuit court, the county's petition for certiorari review is denied.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: September 20, 2023, Case #: 23-0145, Categories: Government, Property, Contract
J. Rubin grants an energy efficient lighting company's motion to dismiss a commercial insurer's second amended complaint after a fire on the insurer's subrogee's property. The subrogee is a firm that grows cannabis and claims that the lighting company's faulty bulbs caused the fire. However, because the firm is headquartered in Colorado, the claim cannot proceed based on personal jurisdiction. The subrogee may pursue litigation in Colorado.
Court: USDC Maryland, Judge: Rubin, Filed On: September 20, 2023, Case #: 1:22cv2723, NOS: All Other Real Property - Real Property, Categories: Insurance, Product Liability, Jurisdiction
J. Wright finds the trial court properly assessed $937 in court costs for defendant's conviction of possession of less than 1 gram of meth. Though the trial court did not orally pronounce a $500 fine, and so could not include it in the final judgment, the same rule does not apply to taxable costs, which are not part of the punishment. Defendant has not shown that the court erred by rendering a judgment including $937 in taxable costs. The $500 fine is deleted. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: September 20, 2023, Case #: 09-22-00198-CR, Categories: Drug Offender, Sentencing, Due Process
J. Stewart finds the energy commission properly approved a 9.91% rate of return on the natural gas company's alternative rate plan despite poor market conditions. No statutory language requires the commission to follow market conditions when setting rates. Additionally, the decision was not unreasonable because it was based on a rate previously issued by the commission for another rate plan by another natural gas provider and was supported by independent evidence, as well as testimony from the natural gas company. Affirmed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: September 20, 2023, Case #: 2023-Ohio-3289, Categories: Energy, Evidence, Tax
J. Simon reverses the insurance company's determination that the insured was not disabled as of March 25, 2020, which the insured claims resulted in the denial of her long-term disability benefits. The insured's test results show that her memory functioning was greatly impaired and the the Social Security Administration found the insured to be disabled, so the insurance company must reinstate the insured's benefits from March 25, 2020 through June 4, 2021, which is the remainder of the 24-month "own occupation" period of her long-term disability plan.
Court: USDC Oregon, Judge: Simon, Filed On: September 20, 2023, Case #: 3:21cv1019, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Evidence, Insurance
J. Lagesen finds the juvenile court properly terminated a father’s parental rights to his seven-year-old son. “It is improbable that [the child] can be reintegrated into father’s home within a reasonable time given [the child’s] exceptionally high needs and the caregiving skills that will be required to meet them.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: September 20, 2023, Case #: A180722, Categories: Family Law
J. Fuller finds that the trial court properly dismissed defendant's motion to withdraw his guilty pleas to rape, aggravated assault and cruelty to children. The trial court lacked jurisdiction to grant the motion because it was filed outside the term of court in which defendant's sentence was entered. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: September 20, 2023, Case #: A23A1158, Categories: Sex Offender, Assault, Plea
J. Golemon finds the trial court properly convicted defendant for felony evading and use of a vehicle as a deadly weapon. During the trial, defendant requested new counsel because his attorney wasn't Black. Defendant also attacked guards in the jail, receiving new charges. No resulting delays infringed on defendant's right to a speedy trial or his right to counsel. Defendant's complaints of counsel impairment do not weigh in favor of a finding of prejudice. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: September 20, 2023, Case #: 09-22-00039-CR, Categories: Weapons, Speedy Trial, Vehicle
J. Pipkin finds that the trial court improperly upheld the municipal court's decision abating an alleged public nuisance in an action brought by the city. The municipal court exceeded its authority by ordering the gas station owner to enhance security measures and reduce the gas station's hours of operations for one year. Reversed.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: September 20, 2023, Case #: A23A0903, Categories: Municipal Law
J. Powers finds the trial court properly convicted defendant of running a red light based on a photo red light camera. The law “sets out conditions precedent for the issuance of a citation, and the appropriate way to challenge the existence of those conditions is with a pretrial motion.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: September 20, 2023, Case #: A179312, Categories: Intent
[Consolidated.] J. Tucher holds that the trial court properly rejected Environmental Quality Act challenges to the long-range development plan for the University of California, San Francisco campus. The plan's environmental impact report adequately considered alternative development plans and the actions needed to mitigate wind impacts. The report should have considered public transit impacts, but the omission was not prejudicial because the report provides enough information to inform the public about the project's likely adverse impacts. The school was not required to analyze visual impacts because the development is an infill site, nor was it required to adopt mitigation measures for historical buildings that will be repurposed. Affirmed.
Court: California Courts Of Appeal, Judge: Tucher, Filed On: September 20, 2023, Case #: A166091, Categories: Administrative Law, Construction, Environment
J. Fallon denies summary judgment to a river transportation company on its argument that Hurricane Ida was an Act of God and, therefore, it should not be found liable for negligently monitoring and securing its fleet of barges because no amount of precaution would have prevented a series of damaging, storm-related “breakaways.” Deciding the Act of God defense’s applicability raises questions surrounding the conditions decision makers faced, which conditions were known by whom and when, whether decision makers acted reasonably given these circumstances, and more. In short, there are too many questions of material fact to warrant summary judgment.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: September 20, 2023, Case #: 2:22cv504, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Maritime, Damages, Negligence
J. Hellmen finds the trial court properly denied defendant’s motion to dismiss on double jeopardy grounds after he was convicted of firearms violations and menacing. “A conviction by a nonunanimous jury is not an acquittal, nor is it a finding of insufficient evidence. It is a conviction obtained in violation of constitutional protections. As such, defendant is subject to retrial.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: September 20, 2023, Case #: A176269, Categories: Firearms, Jury, Double Jeopardy
Per curiam, the court of appeals finds the trial court properly granted the wife's motion for partial summary judgment in this divorce proceeding on the no-fault ground of insupportability. The husband's testimony established that he believes reconciliation is possible, but he produced no evidence showing that the wife believes this. No issue of material fact is shown, and the husband fails also to show an abuse of discretion. His complaints are not proper subjects of mandamus review, and the writ is denied.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: September 20, 2023, Case #: 12-23-00201-CV, Categories: Family Law