159 results for 'filedAt:"2023-11-02"'.
J. Chehardy finds that the trial court properly refused to include employees' earned commissions in their "daily rate of pay" for purposes of calculating penalty wages. In this case, the employment contracts guaranteed both employees a base salary of $120,000 per year. Under statute, the trial court was limited to calculating the employees' daily rate of pay calculation to their base pay, without commissions, when calculating the award of penalty wages. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: November 2, 2023, Case #: 23-CA-64, Categories: Employment, Contract
J. McFadden finds that the trial court improperly denied the company's petition seeking the return of business records, currency and delta-8-THC and delta-10-THC products seized from the company's warehouse pursuant to a search warrant. The warrant was issued based on a police officer's affidavit that the company violated a statute prohibiting possession of a controlled substance with intent to distribute by having and selling products containing delta-8-THC and delta-10-THC. The warrant was not supported by probable cause because delta-8-THC and delta-10-THC are not controlled substances. Reversed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: November 2, 2023, Case #: A23A0842, Categories: Search
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J. Nelson declines to dismiss the police department officer manager's complaint that the city and its police force fired her after she filed a complaint accusing a police officer of sexual harassment and assault at work. Although the city claims that the officers are not liable for aiding and abetting discriminatory conduct because they acted as agents of the city and thus essentially acted as the city, none of the officers qualify as the primary actor against the office manager, which would preclude them from her claims.
Court: USDC Oregon, Judge: Nelson, Filed On: November 2, 2023, Case #: 3:23cv122, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination
J. Kloppenburg finds the circuit court properly found for the city in a dispute with a California-based property owner over an order to raze a building on his Wisconsin property within 30 days because of its dangerous state of disrepair. The property owner has failed to bring evidence of disputed facts such that he is entitled to a jury trial, did not have his Fourth Amendment rights violated by a warrant for a special inspection of the building that was executed according to applicable law, and did not have a statutory right to attempt to repair the building instead of razing it because the cost of repairs would have exceeded 50% of the building's value. The circuit court's order granting summary judgment to the city and allowing the building to be razed at the property owner's expense stands. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Kloppenburg, Filed On: November 2, 2023, Case #: 2022AP001683, Categories: Constitution, Government, Property
J. Jenkins finds that the trial court should not have imposed sanctions against an injured motorist for not providing his medical history while undergoing a medical examination. In this case, the record shows that the motorist did attend the medical examination, and the evidence was not sufficient to show that the failure to verbally give his medical history was willful disobedience of the judgment. Reversed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: November 2, 2023, Case #: 2023-CA-0064, Categories: Evidence, Sanctions
Per curiam, the appellate division finds that the lower court properly found for the employer against a former employee convicted of securities fraud who sought unpaid distributions that were part of his compensation package. The company was entitled to argue that the employee's fraud relating to one of its largest investments should deprive him of any compensation for his services as portfolio manager. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 2, 2023, Case #: 05551, Categories: Employment, Fraud
J. McShan finds that the lower court properly dismissed a challenge to the decision to grant easements to facilitate construction of a pedestrian bridge and a public plaza for lack of standing because plaintiff did not suffer an "injury in fact" beyond that of any commercial neighbor from increased traffic and added competition. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: November 2, 2023, Case #: 535239, Categories: Municipal Law, Property, Zoning
J. Lawrence finds that the lower court improperly denied defendant's petition for post-conviction review, following her conviction for domestic violence assault. The lower court erred in determining that "trial counsel's decision to open the door to prejudicial evidence" regarding defendant's parenting practices did not fall below the standard of reasonableness. When viewed in combination with counsel's failure to object to prosecutorial error, the court concludes that "there is a reasonable probability that the outcome of the proceeding would have been different." Vacated.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: November 2, 2023, Case #: 2023ME66, Categories: Ineffective Assistance, Domestic Violence
J. Chehardy finds that the trial court should not have found for a driver who was injured in a car accident with a probation officer who was working a security shift protecting displaced citizens of Lake Charles after Hurricane Laura. The officer has immunity because, under statute, "the State and its employees shall not be held liable for injury to the persons or damage to property when engaged in emergency preparedness activities." Reversed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: November 2, 2023, Case #: 23-C-384, Categories: Immunity, Negligence
J. Whitney denies an accounting firm’s motion to dismiss multiple claims including breach of contract, breach of fiduciary duty and conversion brought by an investor. The firm and the investor each provided $450,000 to an attorney’s trust account after both parties agreed to jointly purchase two FedEx businesses. However, the firm failed to transfer the stock from one of the businesses to the investor as agreed. Because the owner of the firm conducts business in North Carolina, her claim of a lack of personal jurisdiction fails at this stage. The investor also shows sufficient, if minimal, evidence of his allegations, while the owner’s argument of failure to state a claim is unsuccessful.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: November 2, 2023, Case #: 3:23cv306, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Fiduciary Duty, Conversion, Contract
J. Howell mostly dismisses a motion for summary judgment by an employee after he was sued by his former company for allegedly misappropriating company property and information after failing to “close a single deal from any lead derived on his own” despite being director of sales for the company. The worker is entitled to summary judgment on a claim for alleged blackmail brought under the Anti-Cyber Squatting Consumer Protection Act because the company “abandons this claim” after failing “show the existence of a distinctive mark” that the worker could have infringed on, but the motion is denied in all other respects.
Court: USDC Western District of Texas , Judge: Howell, Filed On: November 2, 2023, Case #: 1:21cv20, NOS: Trademark - Property Rights, Categories: Trade Secrets, Trademark, Technology
J. Lynch finds that the lower court properly dismissed a request to reduce the 2022 tax assessment on a residential property because the property owner failed to counter the "rebuttable presumption of validity" to the set assessment with a self-generated and unverified list of comparable nearby properties. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: November 2, 2023, Case #: CV-23-0299, Categories: Property, Tax
J. Aarons finds that the lower court properly dismissed a challenge to tax breaks provided in connection with the construction of a parking garage as part of a downtown redevelopment project because plaintiff did not suffer an "injury in fact" beyond that of any taxpayer for real property taxes forgiven on the garage. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: November 2, 2023, Case #: 534637, Categories: Municipal Law, Property, Tax
J. Whitehead denies the insurance company partial summary judgment against the insured's complaint that it stopped the insured from collecting full benefits under his uninsured motorist policy after an underinsured motorist rear-ended his vehicle. The insurance company argues that it offered the insured a reasonable offer based on the information it had at the time, but other courts have found that juries in cases with similar circumstances are better able to make this determination rather than the court deciding at the summary judgment stage.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: November 2, 2023, Case #: 2:22cv1714, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Durkin grants a Japanese investment firm’s motion to dismiss for the lack of personal jurisdiction and improper venue in this antitrust suit brought by a class of consumers challenging T-Mobile’s merger with Sprint. There is no ambiguity and colorable basis for personal jurisdiction over the investor, so jurisdictional discovery is not warranted. The court denied T-Mobile and the Japanese company’s motion to dismiss for a lack of antitrust standing, failing to properly allege direct or indirect evidence.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: November 2, 2023, Case #: 1:22cv3189, NOS: Antitrust - Other Suits, Categories: Antitrust, Discovery, Class Action
Per curiam, the supreme court finds the attorney regulatory agency properly called for a three-year suspension of Felipe Gomez's Wisconsin law license as discipline reciprocal to that handed down by the Supreme Court of Illinois for misconduct involving sending threatening and harassing emails to other attorneys.
Court: Wisconsin Supreme Court, Judge: Per curiam, Filed On: November 2, 2023, Case #: 2023AP001034-D, Categories: Attorney Discipline
Per curiam, the Indiana Supreme Court finds that Attorney General Todd Rokita should be publicly reprimanded for appearing on television and describing a doctor as an "abortion activist acting as a doctor - with a history of failing to report." The attorney general admits his statement was improper because he was investigating the doctor, and the court agrees that a public reprimand and a $250 payment constitute sufficient punishment.
Court: Indiana Supreme Court, Judge: Per curiam, Filed On: November 2, 2023, Case #: 23S-DI-258, Categories: Attorney Discipline
J. Garry finds that the lower court properly declined a husband's request to declare the parties' separation agreement invalid. Although a state executive order in effect at the start of the Covid-19 pandemic required immediate electronic transmission for remote notarization, sending the document by U.S. mail constituted a "minor variation" that did not taint the process. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: November 2, 2023, Case #: 534281, Categories: Civil Procedure, Family Law, Covid-19
J. Pritzker finds that gas service rates were properly set by state regulators. The utility sought a large increase over three years to pay for equipment and personnel investments, but because the Covid-19 pandemic had hammered the economy, regulators counseled austerity for at least the first year, a reasonable response that protected customers but also gave the utility some return on its investment. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: November 2, 2023, Case #: 534175, Categories: Energy, Covid-19