197 results for 'filedAt:"2023-08-24"'.
J. Hoffstadt finds that the trial court improperly dismissed a lender's contract action against a borrower as time-barred. The loan contract gave the lender the option to demand the full loan amount when the lender missed a monthly payment. The lender missed a payment in 2011 but the lender did not exercise the acceleration clause until 2019. Since the contract gave the lender the discretion whether or not to treat a missed monthly payment as a breach of the full amount, the lender's complaint, which was filed in 2020, was not precluded by the four-year statute of limitations. Reversed.
Court: California Courts Of Appeal, Judge: Hoffstadt, Filed On: August 24, 2023, Case #: B316372, Categories: Civil Procedure, Banking / Lending, Contract
Per curiam, the appellate division finds that the lower court properly denied the homeowner's motion to toll interest running on his mortgage based on the bank's delays in prosecuting this foreclosure action. The delay was due in part to settlement negotiations in which both parties participated. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: 04413, Categories: Foreclosure
J. Chambers denies, in part, the state of West Virginia's motion to dismiss the drug manufacturer's suit challenging the constitutionality of the Unborn Child Protection Act on the grounds the 2022 law restricts the sale of mifepristone, the first in a two-step abortion medication regime. The risk evaluation and mitigation strategy promulgated by the Food and Drug Administration on mifepristone preempts the Act on restricting its prescription via telemedicine.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: August 24, 2023, Case #: 3:23cv58, NOS: Constitutionality of State Statutes - Other Suits, Categories: Commerce, Constitution, Health Care
J. Contreras finds that the lower court improperly granted the county defendant's plea to the jurisdiction in this lawsuit arising from an automobile accident. The plaintiff driver sufficiently created a fact issue as to whether the department "received actual notice" of his claim. Reversed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: August 24, 2023, Case #: 13-23-00077-CV, Categories: Tort, Jurisdiction
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Per curiam, the Kentucky Supreme Court finds that attorney David Cohen should be suspended for three years for accepting cash fees without disclosing clients or fees to his firm, submitting fraudulent expense reports, and writing checks to himself in which he forged the managing partner's signature.
Court: Kentucky Supreme Court, Judge: Per curiam, Filed On: August 24, 2023, Case #: 2023-SC-0203-KB, Categories: Attorney Discipline
Per curiam, the appellate division finds that the lower court properly found for the hospital in a trip and fall suit filed by a nurse's aide who fell when her foot because caught in a cord attached to a patient's bed. Cords attached to the mattress were open and obvious and not inherently dangerous as a matter of law. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: 04360, Categories: Tort
[Consolidated.] J. Deahl finds the superior court improperly vacated a historic preservation board's decision to define a Scottish Rite Temple's boundaries as occupying only the area of its taxation lot, rather than the entire block where it is located. The boundaries had never been established and the decision was supported by substantial evidence. Reversed.
Court: DC Court of Appeals, Judge: Deahl , Filed On: August 24, 2023, Case #: 22-CV-0884 , Categories: Administrative Law, Property, Real Estate
J. Taylor denies the Navy's motion to dismiss this appeal asserting that its demand letter seeking repayment for a specified amount previously paid to the contractor for COVID-related costs was not a contracting officer’s final decision under the Contract Disputes Act. The Navy, having sought services to provide maintenance and operations at the Atlantic Undersea Test & Evaluation Center contends it issued the letter to invite comment on the contractor's refusal to substantiate the COVID related costs. Looking at the totality of correspondence, the Board finds a “stalemate” regarding the allowability of costs had been reached, resulting in the officer’s issuance of the demand letter and effective final decision.
Court: Armed Services Board Of Contract Appeals, Judge: Taylor , Filed On: August 24, 2023, Case #: 63233, Categories: Government, Military, Contract
J. Pratt finds for an employer in claims seeking exemptions to the Covid-19 vaccine policy because the policy applied to all workers, and employees failed to demonstrate they had been singled out due to their religion, thereby failing to demonstrate they had been subjected to a hostile work environment due to religious beliefs.
Court: USDC Southern District of Indiana, Judge: Pratt, Filed On: August 24, 2023, Case #: 1:22cv1650, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Covid-19
J. Haynes finds the district court improperly found in favor of the former Air Force cadet who was caught recording females using the toilet. The former cadet brought civil rights claims against the DPS, saying that he had not committed a registrable sex offense. The district court concluded that the state could not require registration under Texas law without determining that state registration was unconstitutional. The relief invalidated only federal law and prohibited the state from enforcing a state law as being consistent with that federal law. Such unusual relief falls outside the parameters of guiding case law. Vacated and remanded.
Court: 5th Circuit, Judge: Haynes, Filed On: August 24, 2023, Case #: 22-50434, Categories: Constitution, Sex Offender
J. Gallagher partially denies Prince George's County its motion to dismiss allegations of ADA violations brought by a former police officer. The officer, a Black man with diagnoses of PTSD, ADHD and high blood pressure, alleges he was called a "thug" by a major, who then allegedly asked a lieutenant if the officer had "problems working with white people." The major ordered the officer to get a behavioral health analysis and then the department suspended him, supposedly for medical reasons. Based on these allegations, the officer has sufficiently pleaded his ADA claims.
Court: USDC Maryland, Judge: Gallagher, Filed On: August 24, 2023, Case #: 8:21cv2528, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Robinson finds that the district court improperly dismissed claims in which plaintiff contends her employer caused potential injury when a data hack exposed her personal information. The prospect of identity theft was sufficiently concrete to constitute injury in fact, and by pleading such injury, plaintiff plausibly established a claim for relief through damages. Reversed.
Court: 2nd Circuit, Judge: Robinson, Filed On: August 24, 2023, Case #: 22-319, Categories: Damages, Privacy, Class Action
J. Cadish finds the trial court properly found a deed of trust continues to encumber the real property at issue. The loan secured by the real property would not become wholly due when a notice of default is recorded as to the secured loan. A notice of default is not identified by statute as a document rendering a secured loan wholly due for purposes of triggering the statute's 10-year time frame, and Nevada law requires a cure period following a notice of default before acceleration of the entire outstanding debt. The notice's purported acceleration language was also not sufficiently clear. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: August 24, 2023, Case #: 84174, Categories: Debt Collection, Property, Banking / Lending
J. Hillman rules against an autistic student and parents in claims contending the school board failed to perform proper auditory processing evaluations and failed to provide an adequate education. Summary judgment is premature because adequate discovery has not yet occurred, and the administrative law judge found that the student had undergone numerous evaluations since being found eligible for special services.
Court: USDC New Jersey, Judge: Hillman , Filed On: August 24, 2023, Case #: 1:20cv9498, NOS: Education - Civil Rights, Categories: Education, Discovery
Per curiam, the appellate division finds that attorney Allison Dundas may be reinstated following her May 2019 suspension for failing to meet attorney registration requirements because Dundas complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: PM-193-23, Categories: Attorney Discipline
J. Zainey grants a request by Uber and the estate of a college student to stay a wrongful death suit against the rideshare company and its driver, pending arbitration of claims arising from a traffic accident after he picked up the student from a Mardi Gras weekend parade route in February 2022. If the claims against Uber are not resolved by arbitration, the case will be reopened upon request by any litigant.
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: August 24, 2023, Case #: 2:23cv1533, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Arbitration, Transportation, Wrongful Death
J. Golemon finds the trial court properly entered a modification order granting the father exclusive right to designate the child’s primary residence. Sufficient evidence, including the child’s outcry of sexual abuse occurring the mother’s home, the mother’s inability to comply with orders and proceedings, and CPS’s ruling out of the mother’s claims of abuse by the father supports the court’s implied findings that a material change of circumstances had occurred and that the modification was in the child’s best interest. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: August 24, 2023, Case #: 09-21-00286-CV, Categories: Evidence, Family Law, Guardianship
J. Trauger grants the dismissal motions filed by the town and the county defendants in this lawsuit alleging that a home was damaged during the execution of an arrest warrant, specifically when cannisters of tear gas were fired into the house. The owners contend that the house had to be taken "down to the studs to repair the damage," and they now claim that they are due "just compensation" under the Fifth Amendment and Section 1983. However, the police officers' actions were "a valid use of their police power," and they did not constitute a taking under the Fifth Amendment.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: August 24, 2023, Case #: 3:23cv57, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Property, Damages
J. Tow finds the lower court erroneously struck the previous owner's notice of lis pendens as a spurious document. Although she was not involved in the transfer of the property between the two corporations, the buyer was a potential debtor in bankruptcy proceedings and success on the previous owner's fraudulent transfer claim would have affected the title of the property. Reversed.
Court: Colorado Court Of Appeals, Judge: Tow, Filed On: August 24, 2023, Case #: 2023COA76, Categories: Fraud, Property
J. Kugler allows an expert to present his opinion in claims contending an insurer failed to pay for property damage caused by heavy rains and wind because the expert report was based on multiple inspections, and the insurer may attempt to impeach the testimony as contradictory at trial.
Court: USDC New Jersey, Judge: Kugler , Filed On: August 24, 2023, Case #: 1:21cv15929, NOS: Insurance - Contract, Categories: Insurance, Experts