280 results for 'filedAt:"2023-09-28"'.
J. Womack finds the trial court improperly convicted defendant for murder, imposing a life sentence. Upon briefing, the Arkansas Supreme Court issued an order for a status report regarding the relevance of a conventionally filed physical disk submitted as an exhibit even though it contained no files. The parties jointly advocated remanding the case. The Arkansas Supreme Court expresses its responsibility to scrutinize the record for errors in cases resulting in life-imprisonment sentences. Remanded to settle the record.
Court: Arkansas Supreme Court, Judge: Womack, Filed On: September 28, 2023, Case #: CR-23-1, Categories: Murder, Sentencing, Due Process
J. Streeter finds that the trial court properly denied motions to compel arbitration of wage and hour claims against rideshare companies Uber and Lyft. The state, which brought the claims as civil enforcement actions, is not a party to the arbitration agreements signed by rideshare and delivery drivers. Affirmed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: September 28, 2023, Case #: A166355, Categories: Arbitration, Employment
Per curiam, the court of appeals remands claims seeking coverage for injuries sustained in a car collision when treatment costs exceeded personal protection insurance because a document with a name typed on it does not, by itself, establish that a person electronically signed the document in accordance with the state uniform electronic transactions act. Thus, coverage limits remained in question.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: September 28, 2023, Case #: 363486, Categories: Insurance
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J. Abele finds the father's failure to raise any objections to the court's process for determining violations of the parties' shared parenting plan prevents him from making any argument regarding the lack of an evidentiary hearing and, therefore, that portion of his appeal will be dismissed. Meanwhile, the trial court properly used both the Ohio and Florida shared parenting plans to craft a new plan because the parties did not expressly agree to copy the previous agreements; therefore, exclusions of some elements of those plans did not constitute a violation of the parties' settlement agreement. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: September 28, 2023, Case #: 2023-Ohio-3611, Categories: Evidence, Family Law, Settlements
J. Christiansen Forster finds that the trial court must hold further proceedings to determine if defendant, who pleaded guilty but mentally ill to four felonies, must pay restitution. A motion for restitution filed two weeks after sentencing was well within the seven-year statutory deadline. The state's victim advocacy office that filed the motion was not bound by the prosecution's plea agreement since they are separate entities. A restitution order would not violate defendant's double jeopardy rights. Vacated.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: September 28, 2023, Case #: 20220466-CA, Categories: Restitution, Plea
J. Mortensen finds that a judge who was previously a defense attorney and had represented defendant should have recused himself before presiding over his probation revocation hearing. Though the judge created an appearance of partiality by failing to disqualify himself, defendant did not show any prejudice and his probation was revoked for multiple violations, an avoidance of probation obligations and an extensive criminal history. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: September 28, 2023, Case #: 20220280-CA, Categories: Judiciary, Probation, Due Process
J. Lawrence-Berrey finds that the lower court properly denied a grandmother's petition to intervene in dependency proceedings for her granddaughter. The women tried to intervene to establish her petition for de facto parentage of her granddaughter, but she lacked standing to do because a relative who has placement of a child does not necessarily satisfy the legal requirement of taking on full parental responsibilities or have all the legal rights a parent has. Affirmed.
Court: Washington Court Of Appeals, Judge: Lawrence-Berrey, Filed On: September 28, 2023, Case #: 39276-7-III, Categories: Family Law
J. Rice denies, in part, the plasma machine manufacturer's motion to dismiss, ruling the terms of the contract included in the buyer's complaint provide sufficient specificity about the parties involved and establish a contract claim for the manufacturer's failure to deliver a functioning product. However, because the buyer failed to establish that all defendants worked together in any meaningful way during the production process or were essentially the same business entity, the fraud claim against them will be dismissed.
Court: USDC Southern District of Ohio, Judge: Rice, Filed On: September 28, 2023, Case #: 3:22cv333, NOS: Other Contract - Contract, Categories: Fraud, Contract
Per curiam, the appeals court denies the petition for mandamus to prohibit the trial court from ordering a future sale of property awarded to the petitioner’s ex-wife. The trial court enjoined the petitioner from foreclosing on the property while the case is on appeal because the ex-wife and her children may become homeless or lose equity, such that her injury will outweigh his by issuance of the injunction. The petitioner says the court’s order “allows the sale of the property,” making the appellate court’s jurisdiction moot. The petitioner has failed to establish that the trial court abused its discretion or that it has interfered with appellate jurisdiction.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: September 28, 2023, Case #: 09-23-00279-CV, Categories: Family Law, Property, Foreclosure
J. Brown finds that the trial court improperly denied the individual's motion to set aside a default judgment granted to the condo association in an action against the individual for past due assessments and late charges. There was no evidence that the notice of publication of service, publication order and complaint were actually mailed to the individual by the clerk of court in accordance with the statute. The trial court incorrectly found that the individual's motion was moot. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: September 28, 2023, Case #: A23A1088, Categories: Civil Procedure
J. Thompson finds that a foreign online gambling syndicate should be denied a writ of prohibition against the lower court's finding that the syndicate had engaged in illegal gambling activities involving Kentucky residents. The court had jurisdiction to consider the matter since the syndicate had been dissolved solely to thwart pending litigation, and thus non-existing defendant claims lacked credence. Affirmed.
Court: Kentucky Supreme Court, Judge: Thompson, Filed On: September 28, 2023, Case #: 2022-SC-0561-MR, Categories: Jurisdiction
J. Watkins dismisses, for lack of personal jurisdiction in favor of the foreign corporation employer in an amended complaint of race discrimination claims. “When a defendant exerts a high degree of control over an entity, the contacts created by the entity are, in reality, created by the defendant.”
Court: USDC Middle District of Alabama, Judge: Watkins, Filed On: September 28, 2023, Case #: 2:22cv625, NOS: Employment - Civil Rights, Categories: Civil Rights, Jurisdiction, Employment Discrimination
J. Cadish denies Orbitz’s petition for mandamus seeking to dismiss a private false claims action brought by State of Nevada relators. The action alleges that Orbitz avoided paying taxes by collecting full-rate tax from their customers but remitting it based on a discounted rate negotiated with hotels. The county to which the taxes were owed brought an essentially identical suit and Orbitz sought dismissal of the private action as barred by relevant false claims statute. The bar only applies to a private action involving the same governmental entity and same theories of liability as the separate governmental entity’s action.
Court: Nevada Supreme Court, Judge: Cadish, Filed On: September 28, 2023, Case #: 85111, Categories: Tax, False Claims
J. Soto finds a lower court ruled correctly in convicting defendant of possessing methamphetamine with intent to deliver. Defendant argued there was not adequate evidence to show he had intent to deliver, but “a jury could have reasonably inferred” this intent as defendant “possessed more methamphetamine than is customary for a mere user” and “possessed a larger and smaller bag of methamphetamine, indicating an intent to divide the larger amount into smaller amounts for resale.” The discovery of marijuana paraphernalia was also taken to mean that defendant was a “marijuana user” and therefore that “the methamphetamine was for sale and not for personal use.” Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: September 28, 2023, Case #: 08-23-00084-CR, Categories: Drug Offender, Evidence
J. Oliver finds that the trial court properly sanctioned a husband for failing to timely disclose his trial exhibits by excluding some of them, and it rightly found he failed to show that his wife had dissipated the marital estate. The division of marital property was correct except the trial court must revisit the husband's claim that money he withdrew from a joint account was for marital purposes to make findings about how it was spent. Vacated in part.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: September 28, 2023, Case #: 20210713-CA, Categories: Family Law, Sanctions, Discovery
J. Failla sanctions plaintiff's attorneys for their repeated noncompliance with the court's discovery orders in a suit accusing Bob Dylan of child sexual abuse six decades ago. Dylan may still pursue monetary sanctions against the attorneys despite the plaintiff's dismissal of her own action, with prejudice, because Dylan suffered reputational damage as a result of the lawsuit, yet his accuser never produced any responsive materials in discovery.
Court: USDC Southern District of New York, Judge: Failla, Filed On: September 28, 2023, Case #: 1:22cv323, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Sanctions, Assault
Per curiam, the North Dakota Supreme Court orders a reprimand of Joseph D. Roach. The matter invovles attorney discipline in Minnesota. The court ordered that Roach comply with the Minnesota Supreme Court order and he is to provide to North Dakota Disciplinary Counsel copies of all reports filed in connection with that supervision.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: September 28, 2023, Case #: 2023ND189, Categories: Attorney Discipline
J. Gonzalez finds that the lower courts properly upheld the legality of Washington state's moratorium on evicting people from their homes due to unpaid rent as a result of the Covid-19 pandemic. State law gives the governor enhanced authority during emergencies such as the Covid-19 crisis, and his move to suspend evictions fell well within his "statutory and constitutional authority" that was expanded upon during the pandemic. Affirmed.
Court: Washington Supreme Court, Judge: Gonzalez , Filed On: September 28, 2023, Case #: 100992-5 , Categories: Government, Landlord Tenant, Covid-19
J. Grimberg rules in favor of the city in a civil rights action brought by a company alleging that the city improperly enforced a constitutionally deficient signage ordinance in rejecting the company's sign permit applications. There is no evidence that the city's staff made a final denial of the company's applications. The record in the case has insufficient information for a proper evaluation of the city's reasons for allegedly denying the applications. The ordinance has also been repealed and replaced.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 28, 2023, Case #: 1:22cv897, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Zoning
Per curiam, the appellate division finds that the labor department properly denied an individual two determinations for unemployment benefits after she failed to file the proper valid original claim due to insufficient earnings. Both denials mailed informed the individual she had 30 days to request a hearing at which she did not, stating she misread and was misinformed by the department. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: September 28, 2023, Case #: CV-23-6, Categories: Employment, Labor
Per curiam, the appellate court grants the estate’s motion to dismiss this interlocutory appeal brought by the health care facility, challenging the trial court’s denial of its combined motions to dismiss and for summary judgment in the underlying wrongful death suit. The cause of death for the 78-year-old woman who was recovering from hip surgery was officially Covid-19. A relevant “pandemic liability statute” cited by the facility does not extend an appellate court’s jurisdiction to an interlocutory order from a ruling denying a motion based on the statute’s affirmative defense.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: September 28, 2023, Case #: 09-23-00249-CV, Categories: Health Care, Wrongful Death, Covid-19
J. Shea denies, in part, the police officers' motion for summary judgment, ruling disputes of fact regarding the traffic stop of the black driver for use of his cell phone, including whether he actually used his phone while driving and how much activity the officers observed before initiating the stop, prevent judgment in their favor or the application of qualified immunity on the driver's Fourth Amendment claim.
Court: USDC Connecticut, Judge: Shea, Filed On: September 28, 2023, Case #: 3:21cv452, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Immunity
Per curiam, the North Dakota Supreme Court finds that the district court properly denied an application for post-conviction relief. Defendant claims that the district court erred by not allowing him to have “appropriate confidential attorney-client communication” during his telephonic hearing. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: September 28, 2023, Case #: 2023ND179, Categories: Civil Rights