156 results for 'filedAt:"2023-10-04"'.
J. Johnson finds that the district court should not have found for a go-kart track owner on a patron's action arising out of injuries sustained in a go-kart collision. There is a genuine issue of material fact as to whether the track owner's failure to enforce their safety policy regarding certification of previous karting experience for prospective operators under the age of 15 was an act or omission that constitutes willful disregard. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: October 4, 2023, Case #: 23-CA-17, Categories: Negligence, Contract
J. Morgan grants a request by Louisiana’s attorney general to dismiss a lawsuit by a group of website operators challenging a state civil law aimed at porn sites. The suit alleges Louisiana requires websites to “age-verify” Internet users 18 and over before providing access to content that meets the State’s allegedly “murky” definition of “material harmful to minors.” The law’s definition of harmful “material” includes “sexual intercourse masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act.” The suing group of website operators and content providers fail to meet their burden of establishing that an exception to the state’s sovereign immunity applies to their claims.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: October 4, 2023, Case #: 2:23cv2123, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Immunity, Jurisdiction
J. Lagesen finds the post-conviction court properly denied relief to defendant in a way that does not violate his due process rights. “No source of federal law…requires the state to allow a petitioner to challenge convictions, no matter how old, on the ground that they were rendered by nonunanimous verdicts.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: October 4, 2023, Case #: A177644, Categories: Sentencing, Due Process
J. Robart grants a resident’s motion to dismiss with leave to amend for deficiencies in violation of the Fair Housing Act for denying disability accommodations. The resident has until Oct. 26, 2023, to file the amended complaint.
Court: USDC Western District of Washington, Judge: Robart, Filed On: October 4, 2023, Case #: 2:23cv1360, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Housing
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J. Emas finds the trial court properly awarded attorney fees to the condo developer in a lawsuit from a real estate company over a failed deal between the two. The terms of an agreement in which the company assigned its rights to three condo units to another entity specifically holds that if the transaction failed to close and the developer prevailed in any legal action, both of which occurred, the company is liable for the developer's attorney fees and costs. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: October 4, 2023, Case #: 21-1547, Categories: Property, Attorney Fees, Contract
Per curiam, the Supreme Court of Ohio finds the Ohio Industrial Commission properly denied the injured employee's request for an additional benefit award for a specific safety violation because evidence in the record indicated the employer modified the safety guards of a die-cutter machine not to disable the safety features, but to prevent inadvertent shutdowns from incidental contact. Although the heavier safety guards may have been less effective than the originals - which were removed because they were bowed - they still provided protection for employees and prevented the award of a specific safety violation benefit. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: October 4, 2023, Case #: 2023-Ohio-3559, Categories: Employment, Evidence, Workers' Compensation
J. Bromberg finds the trial court properly dismissed the taxpayer’s claims that electricity rates charged by a regional governmental energy entity are invalid because they are taxes which voters have not approved. Though the rates are taxes under the California Constitution’s general definition of taxes, they fall within the second exception to the definition because the energy company proved that its rates do not exceed its reasonable costs. Affirmed.
Court: California Courts Of Appeal, Judge: Bromberg, Filed On: October 4, 2023, Case #: H050140, Categories: Constitution, Energy, Tax
J. Dorsey grants the bank’s motion for summary judgment in this suit brought by the disabled former employee alleging that it terminated her position to avoid extending her medical leave. Due to the bank’s restructuring, it has shown a legitimate, nondiscriminatory reason for terminating the employee, and she has failed to submit specific and substantial evidence that its reason is pretextual.
Court: USDC Nevada, Judge: Dorsey, Filed On: October 4, 2023, Case #: 2:19cv934, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Evidence, Employment Discrimination
J. Klappenbach finds the circuit court properly adjudicated three of the mother’s children dependent-neglected, granting permanent custody of one child to the father. After one of the children was admitted to the hospital for a cough, staff became concerned about the mother’s mental stability as she persistently reported with “pressured and erratic” speech her concerns that the child may have meningitis, HIV, herpes, sepsis or toxic-shock syndrome. The mother was reported to family services after the father told hospital staff that she was using Suboxone and had told him that the child was dying. Whether her behavior was attributable to drug use, a mental health crisis, or a concussion, as claimed, doctors were concerned that she would not provide proper care and supervision for her child. All evidence supports the court’s dependency-neglect finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: October 4, 2023, Case #: CV-23-220, Categories: Family Law, Health Care, Guardianship
J. Gladwin dismisses without prejudice the optical products company’s appeal of the circuit court’s denial of its motion for partial summary judgment in this suit brought by its former sales rep alleging the company’s willful failure to pay commissions and unjust enrichment. Nothing in the court’s order serves as a final disposition regarding constitutionality, and it does not prevent the company’s presentation of any defense at trial. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin, Filed On: October 4, 2023, Case #: CV-22-136, Categories: Employment, Contract
J. Virden finds the circuit court properly terminated the father’s parental rights to his minor child. The department filed a petition for emergency custody and dependency neglect alleging that the children were removed from the home due to parental drug use, inadequate supervision and medical neglect. The petition was filed after a family service worker dropped by the home to administer a drug test as part of an open dependency-neglect case regarding another sibling. Both parents were not in compliance with the current plan, and both produced cold urine samples. All evidence supports termination. Arguments regarding permanency goals are not preserved and would still fail because the potential family placements for the children are with a maternal relative and any rights of the paternal relatives were not derivative of their relationship with the child. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: October 4, 2023, Case #: CV-23-195, Categories: Family Law, Due Process, Guardianship
J. Wood finds the trial court properly convicted defendant for aggravated assault, sentencing him to two years’ probation, a $250 fine, court costs and anger-management class attendance. The boyfriend of defendant’s ex-girlfriend testified that defendant drove his car at a high rate of speed at him, on his own property, and had previously threatened him. The boyfriend, who knew the ex “carried,” fired a warning shot into the ground and called 911. The girlfriend, alerted by the shot, looked outside to see defendant leaving. Defendant returned later, driving back and forth in front of the house and the police were called again. Substantial evidence supports the finding that defendant purposely accelerated his vehicle to within five feet of the boyfriend, creating a substantial danger of death or serious injury and showing indifference to the value of human life. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: October 4, 2023, Case #: CR-23-40, Categories: Evidence, Assault
Per curiam, the circuit finds that the district court properly dismissed fraud claims brought after plaintiff, a Chinese national, was denied a visa under a program targeted at business investment because the action was untimely filed for either accrual or discovery. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: October 4, 2023, Case #: 22-681-cv, Categories: Civil Procedure, Fraud, Immigration
J. Thyer finds the trial court properly convicted defendant for marijuana and meth possession, and simultaneous possession of drugs and a firearm. After defendant was stopped for a non-functioning license plate light and brake lights, a driver’s license check returned that it was suspended, and defendant had a failure-to-appear warrant. A canine alerted to multiple areas after defendant gave consent to an external “sniff” of the vehicle. Regardless of whether the dog’s sniff at the open door was “facilitated” by the officers, the dog’s multiple alerts at other points on the vehicle had already given the officers probable cause to search the car. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: October 4, 2023, Case #: CR-22-784, Categories: Drug Offender, Firearms, Search
J. Brennan finds that the lower court improperly denied defendant's habeas petition. Defendant established that his attorney provided ineffective assistance of counsel, and he was likely prejudiced by his attorney's failure to provide mitigation evidence as he received a maximum sentence despite his mental health history. Reversed.
Court: 7th Circuit, Judge: Brennan, Filed On: October 4, 2023, Case #: 20-3273, Categories: Habeas, Ineffective Assistance
[Consolidated.] J. Dever partially grants a group of citizens' motion for class certification in its suit against DuPont and related companies and individuals for their alleged pollution of a major North Carolina river going back to the 1970s. The class claims DuPont dumped chemicals into the river for years, including perfluorinated compounds or PFCs, which are toxic to humans and last for up to 2,000 years in the environment. DuPont challenges the certification, arguing that individual suits would be more efficient. However, since there are potentially over 100,000 class members in this case, and the awards they might receive are relatively small, class certification is much more appropriate.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: October 4, 2023, Case #: 7:17cv189, NOS: Torts to Land - Real Property, Categories: Environment, Tort, Class Action
J. Wright finds the trial court properly convicted defendant for possession of a controlled substance, sentencing him to 25 years in prison. Weapons and drugs were found upon the search of a vehicle in which defendant was a passenger. The officer stopped the vehicle for an improperly placed license plate and detected a strong odor of marijuana coming from the vehicle. The search was made upon probable cause, and defendant’s motion to suppress a statement admitting to possession was properly denied as he was not yet in custody when the statement was made. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: October 4, 2023, Case #: 09-22-00213-CR, Categories: Drug Offender, Search, Weapons
J. Abramson finds the county court properly denied the nursing center’s motion to compel arbitration in this negligence and wrongful death suit. The deceased party’s sister and administrator of his estate signed the agreement as the “Responsible Party.” A check box indicating whether a “copy of my guardianship papers, durable power of attorney or other documentation has been provided to the Facility and is attached” is left blank. The deceased’s name was not listed within the arbitration agreement, though it was listed on the admission agreement. The nursing center has failed in its burden to prove that the sister “signed in a representative capacity with the legal authority to bind” the deceased party. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson, Filed On: October 4, 2023, Case #: CV-22-397, Categories: Arbitration, Health Care, Wrongful Death
J. Love finds that the trial court properly denied lenders' motion for summary judgment on their claim for repayment of promissory notes by a business. There is a genuine issue on whether the business is obligated to pay the notes. The business presented evidence that the monetary amount of the notes was never received or that it was converted into equity. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: October 4, 2023, Case #: 2023-CA-0119, Categories: Banking / Lending, Contract
J. Walter dismisses the investors' complaint alleging that the real estate investment company authorized false and misleading statements about its real estate assets. The investors claim that the real estate investment company made misleading statements about IRR and distribution projections because it did not disclose the SEC letter, but the SEC letter was available to the public on Jul. 31, 2018, on the SEC's Edgar database before the named investor made his initial funds investment on Sep. 23, 2019.
Court: USDC Central District of California, Judge: Walter, Filed On: October 4, 2023, Case #: 2:20cv8499, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Class Action
J. Callahan finds that the district court properly imposed a sentence on defendant after a guilty plea to possessing a firearm as a felon. The panel rejected defendant’s argument that there was insufficient evidence to support the district court’s finding that he possessed a firearm in connection with another felony offense under Montana law for purposes of applying the enhancement. Affirmed.
Court: 9th Circuit, Judge: Callahan, Filed On: October 4, 2023, Case #: 22-30030, Categories: Evidence, Firearms
J. Johnson finds that district court properly denied a construction company's motion for summary judgment on a bicyclist's claim that he was severely injured when riding on a ramp in the construction zone. The cyclist, who is very experienced as a cyclist and an architect with knowledge of the dangers of worksites, could not have been certain of the danger that the ramp posed because of slippery road conditions. In this case, there was no posted speed limit, and the ramp remained accessible to invited recreational cyclists. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: October 4, 2023, Case #: 23-C-124, Categories: Evidence, Negligence
J. Kamins finds LUBA properly determined that it did not have jurisdiction to review petitioner’s vacation because it was not a “land use decision.” “LUBA did not err in concluding that that impact…does not amount to a ‘significant’ one under the legal test.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: October 4, 2023, Case #: A181308, Categories: Property
J. Moeller finds that the trial court properly provided the jury instructions for felony battery on a police officer and denied defendant's request for instructions on either misdemeanor resisting an officer or misdemeanor battery. Resisting arrest is not a lesser included offense of battery and the evidence showed that her kick to the officer's stomach was a felony "strike." Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: October 4, 2023, Case #: 49255, Categories: Resisting Arrest, Battery, Jury Instructions