157 results for 'filedAt:"2023-08-02"'.
J. Urias denies a racehorse trainer’s motion for remand after he sued the head of the New Mexico Racing Commission and others for civil rights claims. The trainer said they had suspended his license and taken other actions against him for allegedly doping his horses without giving him the opportunity to defend himself. While some parties in this case in this may have waived their right to removal given the case’s litigation history, they did not waive their “right to consent to removal by the later-served defendants.”
Court: USDC New Mexico, Judge: Urias, Filed On: August 2, 2023, Case #: 1:22cv740, NOS: Other Civil Rights - Civil Rights, Categories: Administrative Law, Civil Rights, Jurisdiction
J. Sanchez holds that the trial court properly ordered temporary spousal support despite a premarital agreement with a support waiver. Even premarital agreements that appear to be facially valid are treated as invalid unless the trial court makes record findings that rebut the statutory presumption that the agreement was not executed voluntarily. The trial court reserved jurisdiction to retroactively modify the order and to order reimbursement if it finds the agreement is enforceable.
Court: California Courts Of Appeal, Judge: Sanchez, Filed On: August 2, 2023, Case #: G060943, Categories: Family Law, Jurisdiction
J. Kay grants a request by survivors of a deceased truck driver for more complete discovery responses by a Chinese manufacturer and distributor of the left front tire on the vehicle which failed, resulting in a highway accident. The ruling orders the Chinese businesses to “supplement and clarify” their responses to nearly all of the 154 written requests by survivors’ counsel, with the hope that afterwards, the litigants will determine that their discovery dispute is “much less wide ranging than it currently appears to be.”
Court: USDC Western District of Louisiana , Judge: Kay, Filed On: August 2, 2023, Case #: 2:19cv1111, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Commerce, Tort, Discovery
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J. Gallagher partially denies a home loan firm its motion to dismiss allegations of race discrimination in its appraisal of a Black family’s home in application to refinance. The family was appalled at the low value the first appraiser gave. Prior to a second appraisal, the family “whitewashed” their home, putting away family photographs and other visual markers of their race and invited a white friend to stand in as homeowner. An appraiser from a different company valued the home at $750,000, a 60% increase from the first appraisal only seven month later. Also, when a company representative said the family could appeal the initial appraisal and the family filed requisite paperwork, the representative failed to act before the deadline in the appeal process. The family has adequately argued facts supporting race discrimination.
Court: USDC Maryland, Judge: Gallagher, Filed On: August 2, 2023, Case #: 1:22cv2048, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Property, Housing
J. Tapp denies the parties summary judgment in claims concerning the method with which damages were assessed in this rails-to-trails takings claim. Property owners may offer expert testimony concerning how future ease of the easement would effect market value.
Court: Court of Federal Claims, Judge: Tapp, Filed On: August 2, 2023, Case #: 16-912, Categories: Property, Damages