196 results for 'filedAt:"2023-12-20"'.
Per curiam, the appellate division finds that the lower court properly denied the restaurant group's motion to dismiss a slip and fall suit. The customer submitted a video recording depicting the wet condition of the floor in the restaurant, raising a triable issue of fact as to whether the restaurant had notice of the condition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 20, 2023, Case #: 06504, Categories: Tort
J. Potterfield finds that defendant was properly convicted of trespass, theft, and domestic abuse assault even though a factual basis did not support defendant's plea because the state was given the chance per defendant's postconviction relief application to supplement the record to establish a factual basis. Affirmed.
Court: Iowa Court Of Appeals, Judge: Potterfield, Filed On: December 20, 2023, Case #: 22-1145, Categories: Plea, Trespass, Domestic Violence
J. Boardman grants a general contractor’s motion to dismiss a subcontractor’s counterclaim in this Miller Act dispute claiming a breach of subcontract for not paying under the agreement. The general contractor alleges damages for delay, base contract work and change in work per the contract. The subcontractor fails to prove or allege that the contract was satisfied. The subcontractor fails to offer any request or a proper memorandum to support their motion. Therefore, the motion to dismiss the general contractor’s crossclaims is denied.
Court: USDC Maryland, Judge: Boardman, Filed On: December 20, 2023, Case #: 8:22cv2789, NOS: Miller Act - Contract, Categories: Construction, Contract
J. Kamins finds the administrative rules that establish the Climate Protection Program, imposing “cap and reduce” regulations on the distribution of fossil fuels and requiring certain large stationary sources to limit their emissions from industrial processes, are invalid. “The rules creating the cap-and-reduce system apply to a Title V source and were adopted without compliance” of the law.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: December 20, 2023, Case #: A178216, Categories: Administrative Law, Government
J. Leonard finds the lower court properly ruled that two homeowners’ wrongful foreclosure claims against the lenders and the attorneys, who initiated the foreclosure, did not constitute SLAPP actions. The attorneys did commit fraud on the court in submitting materially false or deficient documents, and “the litigation privilege is not an absolute bar against an action by a borrower against a foreclosing lender’s attorney arising out of the attorney’s fraud on the court in a prior foreclosure action.” In this case, however, the litigation privileges does bar the borrowers’ claim for intentional infliction of emotional damages. Affirmed in part.
Court: Hawai'i Court Of Appeals, Judge: Leonard, Filed On: December 20, 2023, Case #: CAAP-17-324, Categories: Anti-slapp, Fraud, Foreclosure
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Rodriguez finds that the Public Utilities Commission properly adopted a net billing tariff to govern the rate that utilities pay to residential customers for excess electricity generated by renewable energy systems. The new tariff accounts for the variability in demand across a utility's system by billing customers for the difference between the value of the electricity they import and the value they export, instead of billing for the net amount of electricity they use. Affirmed.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: December 20, 2023, Case #: A167721, Categories: Energy
J. Ortega finds the Land Use Board of Appeals (LUBA) properly dismissed an appeal of a land use decision made by the Klamath County Board of Commissioners because the deadline to file and serve a corrected notice of intent to appeal had passed. “Petitioners’ failure to file and serve a corrected NITA when ordered to do so was not viewed by LUBA as a technical violation but as a jurisdictional defect in service.” Affirmed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: December 20, 2023, Case #: A182303, Categories: Government, Property
J. Egan finds the trial court properly committed appellant and issued an order prohibiting her from possessing firearms on the basis that she has a mental disorder that makes her a danger to herself and unable to provide for her basic needs. “Due to appellant’s lack of insight, if released, appellant would continue to engage in the same behavior that had led to her recent rape and assault, therefore making it highly probable that she would suffer physical harm in the near term.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: December 20, 2023, Case #: A179799, Categories: Commitment
J. Hull finds that the district court properly ruled in favor of the insurer in a declaratory judgment action arising after the insurer denied a damages claim for two residential homes destroyed by a wildfire while under construction. The district court also ruled in favor of the insurer on the insured’s breach of contract counterclaim. The district court correctly found that the policy did not cover the construction of the homes because they were not related to the insured’s underground utility work or site development work. Affirmed.
Court: 11th Circuit, Judge: Hull, Filed On: December 20, 2023, Case #: 22-13547, Categories: Insurance, Contract
J. Duffy finds the trial court erroneously denied defendant's motion for reconsideration of his sentence on the grounds it lacked jurisdiction over the filing. The 90-day deadline for the reconsideration motion began to run on the date the sentencing judgment was entered, not the date it was orally imposed by the court. Additionally, defendant's failure to include evidence not available at the time of his original sentencing was not fatal to the motion because state law imposes no such requirement, and while it may affect the validity of defendant's motion, it did not preclude the court from considering the merits of his claims. Reversed.
Court: New Mexico Court of Appeals, Judge: Duffy, Filed On: December 20, 2023, Case #: A-1-CA-37868, Categories: Criminal Procedure, Sentencing, Jurisdiction
J. Johnson finds that the trial court properly imposed a final default judgment quieting a tax title in favor of a tax sale purchaser. In this case, the tax title purchaser presented a certified copy of the tax sale certificate for the property, and the property owner's name was not listed on the tax
sale certificate. The property owner did not take any action to annul the tax sale. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: December 20, 2023, Case #: 23-CA-155, Categories: Evidence, Property
J. Johnson finds that defendant was properly convicted of possession of methamphetamine. There was drug evidence found in a search of the residence defendant shared with his girlfriend in an area that defendant had control over, and defendant and his girlfriend sought a deal to avoid arrest that day. Defendant voluntarily went to the law enforcement office, completed paperwork, and provided information regarding other drug dealers. Further, defendant did not confess to possession of the drugs. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson , Filed On: December 20, 2023, Case #: 23-KA-148, Categories: Drug Offender, Evidence
J. Graeff finds the Public Service Commission erroneously dismissed a complaint on grounds that it involved issues that may affect other companies. The Commission dismissed claims against an energy company for alleged violations of the utility code of conduct by way of marketing statements that were allegedly deceptive and misleading. The instant court finds the Commission is only allowed to dismiss a complaint if it fails to state a claim in which relief can be granted, and by dismissing for other reasons, violated its own policy. The matter is remanded for further consideration. Reversed.
Court: The Appellate Court of Maryland, Judge: Graeff, Filed On: December 20, 2023, Case #: 2033, Categories: Energy, Agency, False Advertising
[Consolidated.] J. Jenkins finds that the trial court should not have found for an oil company on property owner heirs' claims that the oil company improperly disposed of hazardous substances on their property and concealed information of the contamination on the basis that BP's predecessors ceased their activities on the property by 1968, which was prior to the heirs acquiring the property. It was error to determine that the subsequent purchaser doctrine applied to the exchange of property because the transaction was an exchange and not a sale. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: December 20, 2023, Case #: 2023-CA-0212, Categories: Civil Procedure, Property, Contract