188 results for 'filedAt:"2023-07-06"'.
J. Dooley denies the insureds' motion for class certification, ruling that differences in the various policies prevent finding a common answer as to whether the insurer overcharged the class members for medical equipment. Although some or many of the policies may have similar payment structures and provide the type of commonality required, too many individualized inquiries will be required to allow the court to properly analyze the questions presented by the lawsuit.
Court: USDC Connecticut, Judge: Dooley, Filed On: July 6, 2023, Case #: 3:17cv1693, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty, Class Action
J. Maddox recommends granting a renewed motion for judgment by default brought by a tenant who sued her landlord, a firm, and its holding company after discovering the property where she lived was not licensed as a rental. Previously, the tenant had not specified the damages she was seeking, but has done so presently, and the firm and company have not responded. An award of more than $120,000 in economic and non-economic damages is recommended in favor of the tenant.
Court: USDC Maryland, Judge: Maddox, Filed On: July 6, 2023, Case #: 1:21cv947, NOS: Consumer Credit - Other Suits, Categories: Landlord Tenant, Property, Consumer Law
J. Thacker finds the lower court properly dismissed the professor's claim alleging he suffered adverse employment action in retaliation for unpopular protected speech. The professor allegedly insulted a colleague for suggesting adding a question on diversity into a student survey, insulted another colleague for taking shortcuts in hiring a Black employee, and criticize a scholarly convention many of his colleagues and students attended for becoming too "woke." However, he failed to allege a causal connection between the incidents and the alleged adverse employment action. Affirmed.
Court: 4th Circuit, Judge: Thacker, Filed On: July 6, 2023, Case #: 22-1712, Categories: Education, Employment Retaliation, First Amendment
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J. Oliver reverses the district court decision to bar evidence of damages on contract, misrepresentation and other claims since defendants failed to brief the issue on appeal. Defendants also failed to create a reviewable brief of their challenge to the district court imposition of terminating sanctions for discovery violations. Reversed in part.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: July 6, 2023, Case #: 20210726-CA, Categories: Sanctions, Discovery, Contract
J. Kamins finds the trial court properly entered an SPO against defendant. “The record was legally sufficient to support the trial court’s conclusion that respondent had engaged in repeated and unwanted contacts that caused petitioner to experience objectively reasonable harm.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: July 6, 2023, Case #: A178718, Categories: Assault
J. Ray partially grants the estate's motion to compel the county to produce documents in a civil rights and wrongful death action arising from the decedent's death while incarcerated at the Chatham County Detention Center. The documents include reports about the provider's provision of services at the detention center, doctors' review of the decedent's medical charts, an inmate mortality chart related to a different deceased inmate and inmate health compliance monitoring reports. The reports created by the doctor did not become attorney-client privileged information just because the county attorney received them. Two reports are also not protected from disclosure by the work product doctrine. However, the motion to compel the inmate healthcare provider to produce documents is partially denied because email communications between an employee and the provider's general counsel are protected by attorney-client privilege.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: July 6, 2023, Case #: 4:22cv67, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death, Discovery
[Modified.] J. Whitman substitutes a nominal defendant to reflect changes in the clerk and presiding judge positions at the San Francisco Superior Court and makes other modifications with no change in judgment. The trial court erred in granting a demurrer to the San Francisco Superior Court on a taxpayer complaint seeking to expedite criminal proceedings by giving them priority over civil cases. The trial court improperly relied on Ford, which bars one department of a superior court from reviewing or restraining the judicial acts of another department of the superior court. However, this suit does not seek to review an individual criminal case, but instead takes aim at the allocation of court resources. The complaint makes a sufficient taxpayer claim regarding an alleged waste of public funds, not an impermissible challenge to a discretionary act. Reversed.
Court: California Courts Of Appeal, Judge: Whitman, Filed On: July 6, 2023, Case #: A164736, Categories: Judiciary, Tax
J. Benavides finds that the lower court improperly rendered summary judgment in favor of the appellee tax loan company in this suit concerning certain delinquent tax liens. The amount awarded to the company was not supported by the evidence. Summary judgment was proper, however, as to the city and the county. Reversed in part.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: July 6, 2023, Case #: 13-22-00078-CV, Categories: Real Estate, Tax
J. Clark finds that the lower court improperly dismissed a request to review the state's refusal to recalculate rates for a nursing home following a temporary freeze instituted in response to concerns of widespread manipulation of risk-setting methodology. Because the record is sparse, remittal is necessary to determine whether the freeze, the reversion to prior scoring, and the refusal to recalculate the rate had been arbitrary. Reversed in part.
Court: New York Appellate Divisions, Judge: Clark, Filed On: July 6, 2023, Case #: 535367, Categories: Medicaid
J. Egan finds the trial court properly found defendant guilty of first-degree theft. “The ‘finders-keepers’ laws only apply if the owner of the money or goods is unknown.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: July 6, 2023, Case #: A176203, Categories: Theft
J. Herndon finds the district court properly removed a protected person’s guardian, appointing a new guardian over concerns of the previous guardian’s ability to provide. The protected person’s due process rights were not violated, being there was sufficient notice given and meaningful opportunity for the protected person to be heard. Substantial evidence supports the changing of the guardian. There was insufficient evidence supporting the protect person’s petition to control her interactions with others. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon, Filed On: July 6, 2023, Case #: 83967, Categories: Family Law, Due Process, Guardianship
J. McShan finds that the lower court properly reinstated spousal support for the wife. In the divorce judgment, the parties agreed to maintenance and child support and only allowed modifying the former if extreme hardship could be demonstrated. Affirmed in part.
Court: New York Appellate Divisions, Judge: McShan, Filed On: July 6, 2023, Case #: CV-22-2062, Categories: Family Law
J. Greenwood vacates defendant's first degree murder conviction because of statutory changes to the felony murder definition. A rational juror could reasonably doubt that he was aware that the attack he participated in carried a grave risk of death. Also, the trial court erroneously refused to release jailhouse phone recordings to defendant, whose request for them was not overbroad. His robbery conviction, which relied on testimony from a witness who spoke to him in the phone calls, is therefore conditionally reversed. On remand, the trial court must review the recordings and then determine whether he was prejudiced by its refusal to release them. Reversed.
Court: California Courts Of Appeal, Judge: Greenwood, Filed On: July 6, 2023, Case #: H046577, Categories: Murder, Robbery
J. Herndon finds the family court improperly terminated the father’s parental rights to his minor child due to his abuse of prescription drugs. At the motion to terminate, the father had been sober for months and was successfully participating in his assigned program. The court continued with the trial after learning successful completion of the program would take eight months. The record does not support the finding of parental fault or that termination is in the child’s best interest. Termination is improper when done solely on grounds that the parent has or has had a substance abuse problem. Reversed and remanded.
Court: Nevada Supreme Court, Judge: Herndon, Filed On: July 6, 2023, Case #: 83605, Categories: Civil Procedure, Family Law, Guardianship
J. Gorton dismisses one claim brought by a scam victim against the bank where his funds were wired after someone stole the money through an email hacking scheme. Portions of the bank’s motions to dismiss depend on it not being aware of the likelihood that the wire transfer of funds was a scam; this is not accurate because the bank locked down the account and the transaction triggered its fraud alerts. However, the bank did not aid and abet the perpetrator of the scam because it does not owe a fiduciary duty to the scam victim, who hasn’t provided substantial evidence to show that the bank’s inaction was intended to help facilitate a fraudulent transaction.
Court: USDC Massachusetts, Judge: Gorton, Filed On: July 6, 2023, Case #: 1:22cv10628, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Banking / Lending
J. Silva finds that the lower court improperly entered a final order in this suit to modify the parent-child relationship, appointing the grandfather as "managing conservator and granting him possession and access." The grandfather had standing to seek a modification, but he did not overcome "the fit-parent presumption." The evidence presented about the father's parenting was conclusory. Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: July 6, 2023, Case #: 13-22-00219-CV, Categories: Evidence, Family Law
J. Fisher finds that the lower court properly terminated a father's parental rights after determining he abandoned his daughter. The father had been warned that the fact finding hearing could proceed without him, and he had little contact with the girl, who had been in foster care for three years with a family that wanted to adopt her. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: July 6, 2023, Case #: 535174, Categories: Civil Procedure, Family Law
J. Reynolds Fitzgerald finds that the lower court properly altered a father's visitation schedule with his child because the father's voluntary relocation greatly increased travel time, and alterations to his work schedule rendered weekly visitations unworkable. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: July 6, 2023, Case #: 535631, Categories: Family Law
J. Tookey finds the trial court erred in determining parenting time in a dissolution case. “The trial court focused on charges against husband in a separate case and the effect that husband’s personal disputes with wife had on the children; however, the trial court’s decision does not reflect a best-interests determination based on consideration of all the statutorily prescribed factors.” Reversed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: July 6, 2023, Case #: A176431, Categories: Family Law
J. Gould finds that the district court properly granted summary judgment to individual police officers and the City and County of San Francisco on federal claims based on qualified immunity. The matter stems from the arrest of an individual. The officers, city, and county were entitled to qualified immunity and sufficient evidence existed to show that officers had probable cause to conduct the arrest of the individual. Affirmed.
Court: 9th Circuit, Judge: Gould, Filed On: July 6, 2023, Case #: 21-16547, Categories: Civil Rights, Immunity
[Consolidated.] J. Walker finds that the district court improperly convicted defendant based on his guilty plea to concealment money laundering as part of a drug trafficking scheme because defendant had not acknowledged that he tried to conceal proceeds from drug sales, instead commingling proceeds in various bank accounts with sales from the retail corner store he also ran.
Court: 2nd Circuit, Judge: Walker, Filed On: July 6, 2023, Case #: 21-1711(L), Categories: Drug Offender, Plea, Money Laundering