178 results for 'filedAt:"2023-09-21"'.
J. Taubman finds the trial court erroneously excluded evidence that defendant relied on the advice of his securities lawyer when he sold investment products without disclosing to clients he was barred from selling securities in the state of Colorado. The evidence allowed defendant to prove he lacked the required mental state to commit securities fraud. Defendant's testimony about his lawyer's advice was offered to prove the effect it had on him, not for the truth of the matter asserted; therefore, it was not hearsay, and because it would have given the jury a legitimate reason to doubt whether he committed the crimes for which he was convicted, his convictions will be vacated and the case remanded. Reversed.
Court: Colorado Court Of Appeals, Judge: Taubman, Filed On: September 21, 2023, Case #: 2023COA82, Categories: Evidence, Fraud, Securities
J. Chin finds the district court erred in granting the misdemeanor arrestee's claims stemming from his strip search and delay of release. One officer "was a party to harassment and demeaning conduct culminating in the search -- conduct that he, and other reasonable officers, should have known had no legitimate penological purpose and was therefore unconstitutional." Vacated in part.
Court: 2nd Circuit, Judge: Chin, Filed On: September 21, 2023, Case #: 21-2998, Categories: Civil Rights, Police Misconduct, Prisoners' Rights
J. DeGravelles denies a request by the founding president and majority owner of an environmental services company to dismiss its trade secrets theft lawsuit against him, his daughter and a competitor he started. Because an earlier age-discrimination complaint by the founding president against the first environmental services company he started and that company’s present suit against him “do not arise” from the same set of operative facts, the company now suing its founder was not required by rules of procedure to bring its theft claims as counterclaims-in-reply.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: September 21, 2023, Case #: 3:22cv866, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Civil Procedure, Environment, Trade Secrets
J. Wright finds the trial court properly terminated the mother's parental rights to her minor child. The mother and child both tested positive at birth for illegal drugs. The mother failed to submit to drug testing and admitted to relapsing on heroin. All evidence is legally and factually sufficient to support the court’s findings. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: September 21, 2023, Case #: 09-23-00108-CV, Categories: Family Law
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J. Tenney finds that the trial court had discretion to deny homeowners the attorney fees they sought after the trial court dissolved a temporary restraining order on their construction project due to inaction by a homeowners' association. A reasonable person could find that the injunction halting their project for nonconformance with CC&Rs was not wrongful. However, the trial court must consider whether they are due attorney fees under a prevailing party provision in the CC&Rs. Reversed in part.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: September 21, 2023, Case #: 20220356-CA, Categories: Property, Damages, Attorney Fees
J. Bennett dismisses an action challenging California laws that make it unlawful for any person subject to a civil restraining order issued by a California state court to possess firearms or ammunition. The matter involves a dispute between individuals and their neighbor, which resulted in restraining orders issued against the individuals by the California Superior Court. This case was moot because the restraining orders have expired and there was no reasonable expectation that the individuals will be subject to the same action again.
Court: 9th Circuit, Judge: Bennett , Filed On: September 21, 2023, Case #: 21-56292, Categories: Restraining Order, Firearms
J. Counts grants an insurance company's motion to dismiss a case after it was sued by a check-cashing company seeking damages for a fraudulent Covid-19 relief payment check-cashing scheme that the company said cost it more than $70,000. The check-cashing company has failed to show why any of its fraud- or crime-related insurance clauses cover this crime, because while the company may have cashed the checks, the ultimate target of the fraud was the U.S. Treasury.
Court: USDC Western District of Texas , Judge: Counts, Filed On: September 21, 2023, Case #: 7:22cv221, NOS: Insurance - Contract, Categories: Fraud, Government, Insurance
Per curiam, the court of appeals conditionally grants the oil and gas petitioners' request for a writ of mandamus directing the trial court to grant them leave to designate the Texas Department of Transportation as a responsible third party in this suit arising from a motor vehicle accident. The court abused its discretion by denying the motion. Allowing a case to proceed to trial without a properly requested responsible-third-party designation defeats the right to have a jury determine proportionate responsibility of all potential responsible parties. The oil and gas entities lack adequate remedy by appeal.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: September 21, 2023, Case #: 09-23-00189-CV, Categories: Transportation, Vehicle, Due Process
J. Reynolds finds that the workers' compensation board improperly denied a request to reopen a claim. The individual's mailing address was wrong on the record, and he could not be served properly. A $500 penalty assessed against the employer for making the request should be rescinded. Reversed.
Court: New York Appellate Divisions, Judge: Reynolds, Filed On: September 21, 2023, Case #: 535808, Categories: Workers' Compensation
J. Green affirms the determination that a university failed to provide its former employee with appropriate accommodations by refusing to excuse her from working overtime even after her doctor informed the university that she could not do so based on her rheumatoid arthritis and interstitial lung disease. The university argues that working overtime is an essential part of its nurses' roles but over five percent of its nurses do not work overtime at all and there are others additionally who perform three hours or less of overtime work annually.
Court: Massachusetts Court Of Appeals, Judge: Green, Filed On: September 21, 2023, Case #: 22-P-15, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Treadwell finds in favor of the individuals in a conspiracy, defamation and false light invasion of privacy action brought by the TikTok influencer arising after the individuals made social media posts questioning her domestic abuse advocacy nonprofit's website. The individuals made posts saying that the website was not secure and alleging that the influencer was a "con-artist" who "doxed" people who visited the site. The website lacked an SSL certificate and was marked unsecure by a browser bar warning. The influencer also admitted to posting the IP address of a visitor to social media and the individuals' opinions are not defamatory per se. The influencer is a limited-purpose public figure and there is no evidence that the individuals entertained doubt as to the truth of statements questioning her acceptance of a $40 donation via a Change.org petition.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: September 21, 2023, Case #: 5:22cv91, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Privacy
J. Prince finds the trial court properly dismissed this suit brought by the former candidate for Oklahoma Labor Commissioner under a claim of slander after the House Chair of the Women’s Caucus challenged his record with minor children, mentioning “sworn affidavits by his previous wife” regarding corporal punishment of his children. The record contains only allegations of falsity or recklessness, and no facts or evidence. This fails to establish a prima facie case for slander. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Prince, Filed On: September 21, 2023, Case #: 121284, Categories: Evidence, Municipal Law, Defamation
J. Pickering finds that the district court properly denied the hospital's motion to compel arbitration in this wrongful death action. Relevant Nevada Revised Statute provides the heirs with separate causes of action requiring their agreement if arbitration is to be compelled. While the claims derive from the injury to the decedent, that does not authorize the binding of the heirs to arbitration without agreement. The court properly found agreement lacking. Affirmed.
Court: Nevada Supreme Court, Judge: Pickering , Filed On: September 21, 2023, Case #: 83945, Categories: Arbitration, Wills / Probate, Wrongful Death
J. Webb finds the trial court properly denied defendant's pro se motion to vacate and dismiss the judgment and commitment order due to lack of jurisdiction regarding his conviction for attempting to furnish a prohibited article into the correctional facility where he was being held awaiting trial for murder. The time limit for filing a petition alleging that a sentence is illegal has been superseded by limitations set forth in Arkansas Rules of Criminal Procedure. The judgment was the result of a guilty plea, and so the petition had to be filed within 90 days of the date that the order was entered. The requirement was not met, and so the trial court did not clearly err when it found that no cause of action was stated. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: September 21, 2023, Case #: CR-23-236, Categories: Smuggling, Plea, Jurisdiction
J. Doughty denies a request by three car passengers who survived a collision with a tractor-trailer to stay an order depositing a policy limit $3 million from the trucking company's insurance company into a court registry pending resolution of claims against the company and its truck driver. The trucking company and its insurer successfully requested the deposit of the insurance proceeds, according to the rules of civil procedure. Halting deposit of the funds would be improper. Legal custody of the separately represented two minor children of the deceased car driver remains in dispute. The ruling resolves the insurer’s liability regarding the $3 million of its policy, it does not resolve further potential liability incurred by the trucking company and its operator. The ruling adopts the recommendations of a magistrate judge's report.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: September 21, 2023, Case #: 3:23cv529, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Procedure, Insurance, Damages
J. Tenney finds that the trial court improperly denied an escrow agent's motion to compel arbitration of fraud, conspiracy and contract claims made by real estate buyers. The escrow agent is a third-party beneficiary because it was expressly named in the purchase contracts and because the buyers' claims against it are tied to the underlying transactions, so it can enforce the contracts' arbitration provisions. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: September 21, 2023, Case #: 20220047-CA, Categories: Arbitration, Fraud, Real Estate
Per curiam, the circuit finds that the trial court properly convicted defendant for transportation of a minor with intent to engage in criminal sexual activity and possession of child pornography involving a prepubescent minor, sentencing him to life imprisonment. Evidence was presented showing that defendant, a truck driver, paid the 9-year-old boy's mother to allow him to travel on out-of-state trips. The boy later told his father that defendant sexually abused him. The pornography was found on defendant's phone after his arrest. Although evidence indicated that defendant allowed others to use his phone at times, it belonged to him and was found in his hotel room. The boy testified that defendant showed him pornography on the phone, and there is no indication that expert knowledge was required to access the pornography. Defendant fails to show that the record is devoid of evidence that he knowingly possessed the pornography. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 21, 2023, Case #: 22-50276, Categories: Sex Offender, Child Victims, Child Pornography
J. Grimberg adopts the magistrate judge's recommendation and grants the corporation's motion to dismiss an emotional distress, negligent hiring and tortious interference with contract action brought by the individual. The action arose after a buyer represented by the corporation terminated a property purchase contract for the individual's home. The individual's objections to the magistrate judge's recommendation are overruled. The corporation was not a stranger to the purchase contract whether or not it was a third-party beneficiary of that contract. Any emotional distress allegedly suffered by the individual did not rise to the extreme level required to state the instant claim.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 21, 2023, Case #: 1:20cv2561, NOS: Mandamus & Other - Habeas Corpus, Categories: Emotional Distress, Contract
J. Sullivan denies in part summary judgment to a bank that sued an assisted living business for an alleged breach of contract for failure to pay on a Paycheck Protection Program (PPP) loan. Although the business requested a loan of $20,000, the bank approved it for a loan of over $1 million. Although it is undisputed that the business defaulted on its repayments, the bank had no right to rely on contradictory and false certifications stated later in the application. This is because the application initially clearly stated that the business was only looking to borrow $20,000. Also, one of the business owners bought a property with the loan money and did so with the intention to commit fraud. However, the bank has yet to state the exact relief it seeks monetarily and in regards to said property.
Court: USDC Maryland, Judge: Sullivan, Filed On: September 21, 2023, Case #: 8:21cv3210, NOS: Other Contract - Contract, Categories: Fraud, Property, Contract