153 results for 'filedAt:"2023-12-28"'.
J. Powers finds the juvenile court erred in placing youth in a facility because its written findings were inadequate to support the judgment. Although “the juvenile court gave more explanation in its oral ruling, that reasoning is not part of the court’s written findings and therefore does not meet the statutory requirement for written findings.” Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: December 28, 2023, Case #: 177760, Categories: Juvenile Law
J. Reynolds Fitzgerald finds that the lower court properly dismissed a mother's request for custody of her three children following the death of her sister, who had custody of two of them. A niece who assumed care, and a friend who had custody of the third child, demonstrated that their custodial arrangements suited the best interests of the children since the mother admitted to mental health struggles and lagged in contacting the children. Reducing the mother's parenting time was appropriate given the anxiety her no-show tendencies caused at least two of the children. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: December 28, 2023, Case #: 535570, Categories: Family Law
J. Westbrook finds the district court improperly dismissed the estate's claims for negligence and wrongful death. The estate filed a survivorship suit a year after the decedent's death, which was dismissed as time-barred. The motion for reconsideration as timely of the claim's construal as wrongful death was dismissed for failure to state a claim. However, the affidavit of merit is not required to propose causation in order to support a negligence-base wrongful death claim. Reversed.
Court: Nevada Court of Appeals, Judge: Westbrook , Filed On: December 28, 2023, Case #: 84978-CoA, Categories: Health Care, Due Process, Wrongful Death
J. Hellman finds the the trial court properly allowed the admission of a statement by the victim during a forensic interview that she had delayed reporting other acts of abuse because she did not want defendant to “go back to jail.” The court “did not err in admitting the evidence…to establish the victim’s motive for delayed reporting and to establish that the victim had not fabricated the delayed disclosures of abuse.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: December 28, 2023, Case #: A174588, Categories: Evidence, Sex Offender, Child Victims
J. Lynch finds that the workers' compensation board properly held that a union construction worker, assigned to clean other buildings after the 9/11 attack on the World Trade Center, had not sustained a total industrial disability. Expert testimony established that while he faced restrictions due to work-related respiratory injuries, he remained employable in light of prior job experience and transferable skills. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: December 28, 2023, Case #: 535519, Categories: Workers' Compensation
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J. Fischer finds that Ohio's statute or repose applies to all medical negligence and malpractice claims, including those for wrongful death; therefore, the appeals court erroneously reinstated the case against the hospital for the patient's death. The statute's language explicitly states it covers all medical claims, which unambiguously includes wrongful death actions. The statute governing those claims does not include any sections with a separate filing limitation; therefore, the trial court's dismissal will be reinstated. Reversed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: December 28, 2023, Case #: 2023-Ohio-4670, Categories: Civil Procedure, Wrongful Death, Medical Malpractice
J. McShan finds that the lower court properly dismissed insurance contract claims brought after a fire destroyed plaintiff's home. The payout he received for the loss of the home and personal property nearly hit the coverage limits, and plaintiff failed to demonstrate the insurer had been at fault for delays that increased rebuilding costs. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: December 28, 2023, Case #: 534972, Categories: Insurance
J. Chen dismisses all civil rights and immigration claims from a group that sued the Trump administration in 2018 when their protection status as immigrants from a half dozen countries, such as Haiti and El Salvador, was revoked. The group has continued with their claims after a series of back-and-forth appeals, but most of the protections in dispute have since been reinstated and the claims now fail for being moot.
Court: USDC Northern District of California, Judge: Chen, Filed On: December 28, 2023, Case #: 3:18cv1554, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immigration
Per curiam, the appellate division finds that the lower court properly dismissed the mover's personal injury claim against the university stemming from his injury while moving a computer server rack. The mover is not entitled to Labor Law protections because he cannot show that moving the server rack was necessary to demolition work as no construction was ongoing at the time of the accident. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 28, 2023, Case #: 06813, Categories: Tort, Labor
Per curiam, the appellate division finds that attorney Marilyn Jenkins should be suspended for one year based on the 30-day disciplinary suspension imposed in the District of Columbia for failing to disclose having been reprimanded in D.C. upon applying for employment in California. Such misconduct also merits discipline in New York, given her past history and failure to present mitigating factors as counterweights. Meanwhile, a separate 2019 New York suspension for failing to meet registration requirements remains effective.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 28, 2023, Case #: PM-283-23, Categories: Attorney Discipline
J. Rickman finds that the trial court improperly revoked the entire balance of defendant's 10-year suspended sentence for being a felon in possession of a firearm after defendant failed to attend an inpatient drug treatment program. Entrance into a treatment program was a general condition of defendant's suspended sentence rather than a special condition. The trial court's statement to defendant that his sentence would become "unsuspended" and he would have to "do some time in the penitentiary" if he was refused entry into a program for recent drug use did not inform defendant that violation of the condition would require him to serve up to the balance of his original sentence in confinement. The trial court was not authorized to revoke more than two years of defendant's suspended sentence. Reversed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: December 28, 2023, Case #: A23A1600, Categories: Sentencing
J. Alley dismisses, for want of jurisdiction an appeal, brought by mechanics who were sued for fraud and other claims by a customer who alleged that the mechanics had “spraypainted an older motor” rather than installing a new engine as he had paid for. The customer had already obtained a no-answer default judgment after the mechanics failed to respond, and they did not file this appeal until after the deadline.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: December 28, 2023, Case #: 08-23-00107-CV, Categories: Civil Procedure, Fraud, Contract
Per curiam, the court of appeals enforces an arbitration award in claims brought after a trooper was fired for sexually assaulting her co-workers at an industry event because the arbitrator had the power to determine the trooper had been fired without just cause instead of finding that she had been disciplined with an unpaid suspension. Reversed.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: December 28, 2023, Case #: 363241, Categories: Arbitration, Employment
J. Stanfill finds that the lower court properly denied the appellant's motion for relief from judgment under Rule 60(b) after her "complaint for protection from harassment" was dismissed. The appellant's appeal was timely as to the denial of the motion, but she fails to develop an argument "in connection with that appeal." Accordingly, the court considers her challenge to be waived. Affirmed.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: December 28, 2023, Case #: 2023ME78, Categories: Civil Procedure, Restraining Order
J. Scarpulla finds that the lower court properly dismissed the NRA's First Amendment retaliation counter-claim in a suit brought by the New York Attorney General alleging the organization has suffered longstanding executive malfeasance. The state alleges NRA executives used a pass-through arrangement to bill millions of dollars of personal expenses as legitimate disbursements. The Attorney General showed it had probable cause to investigate and sue the NRA, defeating a retaliation claim, and there is no allegation that state officials outside the AG's office had animus toward the NRA that played a role in the decision to investigate. Affirmed.
Court: New York Appellate Divisions, Judge: Scarpulla, Filed On: December 28, 2023, Case #: 06819, Categories: Fraud, Firearms, First Amendment
J. Zilly grants the insureds summary judgment for their claim that the insurance company cannot rely on the vandalism exclusion in the insurance policy to deny the insureds losses from theft of "fixtures, utilities, appurtenances, systems and furnishings." The insurance company asserts that the policy's vandalism exclusion applies because the property was vacant for over 30 consecutive days before the loss, but it offers no basis for why it can deny coverage for any personal property, which includes the washer, dryer and other stand-alone appliances.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: December 28, 2023, Case #: 2:22cv1174, NOS: Insurance - Contract, Categories: Insurance, Property, Contract
J. Mauskopf declines to reinstate a high school student’s Rehabilitation Act claim stemming from allegations that the American Chemical Society denied some agreed upon accommodations while he was participating in the United States National Chemistry Olympiad, which he claims impacted his performance. The student fails to establish clear and convincing evidence that the federally charted organization falsely claimed that it had not received federal assistance and was therefore not subject to a provision under the anti-discrimination law.
Court: USDC Eastern District of New York, Judge: Mauskopf, Filed On: December 28, 2023, Case #: 2:17cv2530, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act
J. Green affirms the defendant’s convictions for operating a motor vehicle while under the influence of intoxicating liquor. The defendant’s motion for attorney-led voir dire of jurors should have been allowed, but the fact that it wasn’t permitted does not entitle the defendant to relief because the defendant fails to support that the jury was prejudiced and that voir dire would have eliminated such alleged prejudice.
Court: Massachusetts Court Of Appeals, Judge: Green, Filed On: December 28, 2023, Case #: 22-P-1187, Categories: Dui, Vehicle
J. Zukin holds that the trial court properly applied the probate code to dismiss a civil complaint that alleges forgery in a trust amendment as barred by the 120-day statute of limitations. The would-be beneficiaries argued they were not contesting the trust, but their interference with inheritance rights, conversion and other causes of action all required a determination of the trust amendment's validity, which falls under the probate code. Affirmed.
Court: California Courts Of Appeal, Judge: Zukin, Filed On: December 28, 2023, Case #: B323621, Categories: Trusts, Wills / Probate
Vice Chancellor Zurn dismisses derivative shareholder claims challenging an acquisition by an alleged controller since the shareholder failed to establish that the directors either acted in bad faith or lacked independence, and thus plaintiff failed to plead demand futility.
Court: Delaware Chancery Court, Judge: Zurn, Filed On: December 28, 2023, Case #: 2022-0846-MTZ, Categories: Fiduciary Duty
J. Ginoza finds the lower court properly dismissed most of a Hawaii community group’s allegations against the development of a large sports complex, but should not have dismissed others to the extent that they adequately challenged the validity of a special use permit. The community group did not exhaust administrative remedies for the approval for the permit, so the court lacks jurisdiction over a majority of the counts. Regarding counts challenging the project’s environmental impact, insofar as the claims seek relief other than invalidating the permit, they should not have been dismissed because they reasonably question if the supplemental impact statement suffices as an environmental impact statement. Affirmed in part.
Court: Hawai'i Court Of Appeals, Judge: Ginoza, Filed On: December 28, 2023, Case #: CAAP-16-444, Categories: Environment, Government, Zoning
J. Flanagan grants the U.S. Attorney General’smotion to dismiss allegations of voter suppression brought by a citizen who claims the attorney’s appointment of Jack Smith as special counsel undermined her right to vote for Donald Trump. The citizen also requests an injunction to stop the attorney from appointing any other special counsel who would prosecute Donald Trump. However, the citizen has failed to draw a connection between the attorney’s appointment and any concrete injury to herself. Also, she cannot sue one party in defense of the legal rights of someone other than herself.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 28, 2023, Case #: 5:23cv372, NOS: Voting - Civil Rights, Categories: Elections, Government, Jurisdiction
J. Hellman finds the Workers’ Compensation Board properly reversed the administrative law judge’s order affirming the denial of petitioner’s claims. “The order demonstrates that the board considered the information that counsel had provided, articulated why it concluded that counsel’s fee request was unreasonable in this particular case, and explained how it reached its final award.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: December 28, 2023, Case #: A177241, Categories: Workers' Compensation
Per curiam, the North Dakota Supreme Court finds that the district court properly entered criminal judgment revoking probation and imposing a new sentence of two years imprisonment. Defendant argued that the court acted unreasonably by revoking his probation and resentencing him. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: December 28, 2023, Case #: 2023ND245, Categories: Probation, Sentencing