197 results for 'filedAt:"2023-08-24"'.
J. Tenney finds that the district court properly upheld a county council rejection of a property owner's request to build an accessory building on his ridgeline lot. The proposed structure would require site grading in addition to the completed grading that already exceeded the general plan's limit for development in the area. Also, the county council's denial was within its discretion and its decision was adequate for appellate review. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: August 24, 2023, Case #: 20220338-CA, Categories: Property, Zoning
J. Rodriguez grants AT&T its motion to compel arbitration following allegations of breach of contract, invasion of privacy and negligence brought by a class of customers. After a data breach of over 9 million customer accounts in March of this year, the class asserts that any agreement between itself and AT&T is unenforceable based on the company’s unconscionable actions. However, because the arbitration agreement that the class signed covers “all disputes and claims,” the class is subject to arbitration.
Court: USDC Western District of North Carolina, Judge: Rodriguez, Filed On: August 24, 2023, Case #: 5:23cv38, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Arbitration, Privacy, Contract
J. Boyle finds the lower court erroneously denied the city and its police officers' motion for summary judgment on the grounds of political subdivision immunity in a car collision case. The officer involved in the collision with a bystander believed there was an imminent threat of harm to the 911 caller who had been assaulted and was being followed by her assailant. Therefore, the officer's decision to speed to the location of the caller was not wanton and reckless, especially considering he activated all of his lights and sirens, and was traveling below the posted speed limit at the time of the collision. Reversed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: August 24, 2023, Case #: 2023-Ohio-2954, Categories: Government, Immunity, Negligence
J. Johnson finds that the trial court properly disqualified a candidate from running for the office of St. John the Baptist Parish President. In this case, the candidate did not show that the way his tax preparer attempted to file his 2019 state tax return reliably ensured delivery of that tax return to the Louisiana Department of Revenue. Further, the candidate could not explain the showing that he did not file a 2019 state tax return. Therefore, the candidate falsely certified that he filed his state and federal tax returns for the last five years on signing his Notice of Candidacy. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: August 24, 2023, Case #: 23-CA-410, Categories: Elections, Contract
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J. Lee denies a petition for review of a decision of the Board of Immigration Appeals (BIA). The panel rejected an immigrant's suggestion that Immigration Judges and BIA members are principal officers who must be nominated by the President and confirmed by the Senate. They are inferior officers and their appointments may be vested in the head of a department.
Court: 9th Circuit, Judge: Lee, Filed On: August 24, 2023, Case #: 18-71987, Categories: Immigration
J. Tashima finds that the district court properly entered judgment on a third revocation of defendant's supervised release. An appeal challenging a supervised release revocation is "not the proper avenue through which to attack the validity of the underlying sentence." Affirmed.
Court: 9th Circuit, Judge: Tashima, Filed On: August 24, 2023, Case #: 23-50012, Categories: Sentencing
J. Meyer grants the employer's motion for summary judgment, ruling the money for lost and damaged goods taken out of the deliver drivers' paychecks is not an unlawful deduction. The removals are written into the parties' payment schedule agreement and, therefore, are a component of the calculation of the wages, not a deduction.
Court: USDC Connecticut, Judge: Meyer, Filed On: August 24, 2023, Case #: 3:19cv1896, NOS: Other Labor Litigation - Labor, Categories: Class Action, Labor
J. Baker partially grants the attorney's motion to dismiss the debtor's action alleging that the attorney's efforts to collect a purported debt for military memorabilia violated the Fair Debt Collection Practices Act and Georgia Fair Business Practices Act. The motion is granted as to the debtor's unfair business practices claim and unfair debt collection claim based on the attorney's sending of a collection letter. The claim arising from the collection letter is untimely. However, the motion is denied with respect to the debtor's unfair debt collection claim to the extent that it is based on the filing of the underlying collection action because that claim is timely.
Court: USDC Southern District of Georgia, Judge: Baker, Filed On: August 24, 2023, Case #: 4:22cv236, NOS: Other Statutory Actions - Other Suits, Categories: Debt Collection, Business Practices
Per curiam, the appellate division finds that the lower court properly dismissed the couple's complaint against the city seeking to recover damages due to a slip and fall on ice in a city parking garage. The city proved that it had no prior written notice of the icy condition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: 04356, Categories: Tort
Per curiam, the appellate division finds that attorney Alissa Goetz may be reinstated following her September 2022 suspension for failing to meet registration requirements because Goetz 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-183-23, Categories: Attorney Discipline
J. Park finds that the district court properly found for a supplier when a tank filled with compressed air exploded during a test of fire-suppression equipment and severely injured a worker. Federal provisions governing equipment used in transporting hazardous materials applied to the tank, precluding broader state law claims for product liability and negligence. Affirmed.
Court: 2nd Circuit, Judge: Park, Filed On: August 24, 2023, Case #: 22-754, Categories: Preemption, Tort, Product Liability
J. Westbrook finds the district court properly denied Larry Flynt's Hustler Club's request to quash and unseal warrants used to seize property regarding allegations of prostitution, as disclosure may compromise the police's ability to further investigate. However, the district court erroneously denied the return-of-property motion without allowing the club to demonstrate privilege, and improperly adopted the police's search protocol, which allowed the forensics lab to disclose confidential communications to law enforcement based on its unilateral determination of privilege without affording the club opportunity to challenge this. Nevada's return-of-property statute allows an owner to seek the return of privileged materials even when the government has an ongoing investigation. Reversed in part.
Court: Nevada Court of Appeals, Judge: Westbrook , Filed On: August 24, 2023, Case #: 84931-COA, Categories: Search, Prostitution