187 results for 'filedAt:"2023-05-24"'.
Per curiam, the supreme court finds the insurance company has a duty to defend the Pepsi-Cola subsidiary company in legal actions over asbestos injuries from pumps manufactured at two Waukesha foundries in the late 1960s and early 1970s, which the subsidiary faces as an assignee in a long line of corporate transfers spanning decades. Because two justices did not participate, and no majority of the remaining justices can agree to affirm or reverse, the court of appeals decision reversing the circuit court's order in favor of the insurance company stands. Affirmed.
Court: Wisconsin Supreme Court, Judge: Per curiam, Filed On: May 24, 2023, Case #: 2021AP000635, Categories: Insurance, Contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Gravois finds that the trial court properly removed decedent's son as provisional administrator of the succession of the decedent. In this case, there were no facts presented to show the need for an administration of this succession. Although the decedent died intestate with 21 heirs, the petition and affidavit state that the succession contains only one asset. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 24, 2023, Case #: 22-CA-565, Categories: Family Law, Wills / Probate
J. Ortega finds the trial court properly determined that there was sufficient evidence to convict defendant of five counts of first-degree sexual abuse of an 8-year-old girl. “A rational trier of fact could find that defendant caused the victim to engage in sexually explicit conduct 'for' defendant to observe her as a masturbatory stimulus and therefore that there was sufficient evidence to support a conviction on each of the display counts.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: May 24, 2023, Case #: A174153, Categories: Evidence, Sex Offender, Child Victims
J. Greer finds that defendant was improperly convicted of intimidation with a dangerous weapon and going armed with intent because defendant's husband and adult daughter had been inside their home during the incident, and defendant had not pointed her gun at them upon firing it. Reversed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: May 24, 2023, Case #: 22-0699, Categories: Intent, Weapons
J. Klappenbach finds the trial court improperly dismissed the counterclaim filed by the citizen seeking a declaration of rights to an implied easement of pedestrian ingress and egress over the property at question in this imminent domain action. The counterclaim was wrongly dismissed as untimely. Whether it existed at the time the citizens filed their answer or after, the relevant rule of civil procedure permits filing beyond the 30-day limit for filing an answer. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: May 24, 2023, Case #: CV-22-166, Categories: Property, Due Process
J. Gleason denies the plaintiff company's motion for partial summary judgment in this breach of contract lawsuit involving the company's royalty interest in a gold mine. At issue is the mine owner's calculation of its construction investment. The plaintiff company "raised a new theory of damages after the close of all discovery." Accordingly, supplemental discovery will be permitted as to the "drafting parties' intent and understanding of the relevant contract provisions," and the plaintiff's partial summary judgment motion will be denied without prejudice.
Court: USDC Alaska, Judge: Gleason, Filed On: May 24, 2023, Case #: 1:21cv21, NOS: Other Contract - Contract, Categories: Real Estate, Damages, Contract
J. Thyer finds the trial court improperly convicted defendant for possession of meth and marijuana with the purpose to deliver, improperly denying his motion for directed verdict. The investigating officer testified that he found the drugs in a truck parked near where defendant was sleeping and that he had seen defendant driving it earlier and “believed” it to be defendant’s. The truck’s doors were unlocked, the windows were rolled down, it was parked close to the road and no keys were found. There is no evidence that the truck or the drugs were ever in defendant’s exclusive possession. Reversed and dismissed.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: May 24, 2023, Case #: CR-22-644, Categories: Drug Offender, Evidence
J. Lourie finds that the patent trial and appeal board properly held that a guide extension catheter was not unpatentable on grounds that the Itou patent does not constitute prior art because the product at issue was reduced to practice "prior to the critical date." Affirmed.
Court: Federal Circuit, Judge: Lourie, Filed On: May 24, 2023, Case #: 2021-2356, Categories: Patent
J. Fenn finds that the lower court properly issued a custody order for a child to spend the school year with her father and the summer with her mother. Given the geographic distance between the two parents, the record shows this arrangement was in the best interest of the child. Affirmed.
Court: Wyoming Supreme Court, Judge: Fenn, Filed On: May 24, 2023, Case #: S-22-0262, Categories: Family Law
J. Gonzalez dismisses claims for disability discrimination under the American Disability Act and Rehabilitation Act asserted by a self-represented litigant alleging she was fired by her former employer, an unspecified service company located in JFK Airport, because she suffers from a learning disability, depressive disorder, ADHD and several physical injuries. However, she asserts her claims only against a former coworker and an attorney hired to defend her former employer in connection with her EEOC charge, and as such claims under the ADA and Rehabilitation Act do not provide for individual liability.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: May 24, 2023, Case #: 1:22cv7858, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Mooney finds, on remand from the Supreme Court, that the trial court properly convicted defendant of criminal negligence. “The evidence was legally sufficient to support a finding that defendant acted with criminal negligence with respect to the amount-of-damage element of first-degree criminal mischief.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: May 24, 2023, Case #: A171443, Categories: Evidence, Criminal Negligence
J. McDonough partially grants the defendant insurance company's motion to dismiss the amended complaint in this lawsuit involving an allegedly stolen truck, which was damaged when it was eventually recovered. All of the truck owner's claims should be dismissed, except for her breach of contract claim. Additionally, her contract claim is not barred by the contractual limitations period, as the insurance company argues.
Court: USDC Eastern District of Tennessee , Judge: McDonough, Filed On: May 24, 2023, Case #: 3:22cv443, NOS: Insurance - Contract, Categories: Insurance, Vehicle
J. Taylor denies the Army Corps of Engineers’ motion to dismiss this suit seeking damages of over $1.6 million for the government’s alleged delay of its completion contractor’s performance for the design and construction of quarters and dining facilities at the Naval Support Activity Bahrain. The government terminated the construction contractor’s right to proceed for failing to meet progress schedules which caused permit and scheduling issues with the completion contractor. Events relating to the delay claim are based on a common set of operative facts. The bank has also provided separate sums for its claims resulting from the alleged contract change to other issues resulting from road closure requirements.
Court: Armed Services Board Of Contract Appeals, Judge: Taylor, Filed On: May 24, 2023, Case #: 63278, Categories: Construction, Government, Contract
Per curiam, the appeals court finds the trial court failed to put findings on the record showing substantial evidence that the mother's child suffered physical or mental injury or that the mother currently poses a threat of harm to the child, so its order on the state's petition for dependency is reversed without prejudice and remanded for further proceedings.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 24, 2023, Case #: 21-2409, Categories: Evidence, Family Law
J. Phipps finds that the juvenile court improperly entered an order finding the child dependent and continuing her custody with the Division of Family and Children Services. The agency did not offer any evidence at the hearing that the child is dependent and the juvenile court failed to cite evidence as to the child's dependency in its order. Reversed.
Court: Georgia Court of Appeals, Judge: Phipps, Filed On: May 24, 2023, Case #: A23A0585, Categories: Civil Procedure, Family Law
[Consolidated.] J. Larsen finds the lower court properly rescinded the award of punitive damages upon the death of the whistleblower employee because federal common law requires that only claims to compensate the plaintiff, and not penal claims, survive a party's death. Meanwhile, the lower court also properly denied the employer's motion to dismiss on the grounds of issue preclusion. The whistleblower claims presented by the employee in his federal suit were distinct and could not have been raised in his state court suit, primarily because the actions underlying the federal lawsuit occurred in North Dakota, not Ohio. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: May 24, 2023, Case #: 20-4342, Categories: Damages, Whistleblowers
J. Wright concurs with the lower court that the father of a transgender child and a gay child has inflicted mental injury on the gay child as strongly evidenced by texts, emails and reports of in-person conversations where the father said things like, “Please please do not allow these demons you are surrounded by influence you.” The father sent similar communications to his trans child and to his ex-wife, saying things like, “our father tells us about tranny’s and gays right in the bible. He says any one who cuts off things or if man lay with man or women with women will be burned.” While the trans child has already effectively broken ties with the father, the gay child has not but also feels unsafe with him based on the child’s own testimony, which was appropriately procured by a social worker at school. Therefore, the father must stop abusing and threatening the child, is not allowed to enter the child’s home, can only see the child if the child is comfortable doing so and cannot communicate abusive statements regarding sexual orientation or religion. Affirmed.
Court: The Appellate Court of Maryland, Judge: Wright, Filed On: May 24, 2023, Case #: C-02-FM-22-808824, Categories: Family Law, Lgbtq
J. Trauger partially grants the defendant company's motion for summary judgment in this breach of contract lawsuit alleging that the company failed to properly pay a worker certain commissions under a verbal contract. The company is entitled to judgment on the claim that it breached the agreement by terminating the relationship and stopping commission payments in connection with a certain account.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: May 24, 2023, Case #: 3:22cv158, NOS: Other Contract - Contract, Categories: Employment, Contract
J. Ramirez finds the trial court properly convicted defendant for voluntary manslaughter for shooting and killing a skateboarder during a confrontation. Substantial evidence existed as to the need to keep an informant’s identity confidential, which also showed that the informant’s information was substantially similar to tips that the police had previously received, and that the prosecution had previously produced in discovery. The informant had no exculpatory information and defendant was not prejudiced by the trial court’s refusing to allow examination. Affirmed.
Court: California Courts Of Appeal, Judge: Ramirez, Filed On: May 24, 2023, Case #: E078721, Categories: Evidence, Firearms, Manslaughter