153 results for 'cat:"Contempt"'.
J. Douglas finds that the lower court properly found the appellants in contempt and ordered them to pay attorney fees in this dispute involving a deeded right-of-way over the appellants’ driveway. The language in the injunction was clear, and the evidence supported a finding that they impeded the driveway and made it “difficult if not impossible” for the appellee to pass. Affirmed.
Court: Maine Supreme Court, Judge: Douglas, Filed On: May 14, 2024, Case #: 2024ME36, Categories: contempt, Real Estate, Attorney Fees
J. Garcia upholds Stephen Bannon's convictions for failing to respond to a congressional subpoena in connection with the January 6th attack on the capitol. His defense - that his counsel advised him to ignore the subpoena - does not shield him from the law. Affirmed.
Court: DC Circuit, Judge: Garcia, Filed On: May 10, 2024, Case #: 22-3086 , Categories: contempt
J. Jenkins finds that the trial court properly found an ex-husband in contempt for not following the parties’ community property settlement agreement and did not err in awarding the ex-wife $39,000 from the husband’s retirement account, per the parties’ community property settlement. In this case, the man was aware he was required to leave $198,000 in the account as the amount due to his former wife. Therefore, his withdrawals were in violation of the settlement agreement and constitute contempt of court. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: May 7, 2024, Case #: 2023-CA-0566, Categories: contempt, Family Law, Contract
J. Johnson finds that the New Orleans Civil Service Commission properly held the Department of Public Works in criminal contempt for not paying attorney fees to a worker after it failed to comply with the Commission’s order to reinstate the worker to her job as parking administrator. The commission has exclusive jurisdiction over employment-related disputes between civil service employers and employees. Further, under the state constitution, the commission has the authority to award attorney fees as an equitable relief. However, the Department of Public Works director should not have been fined because she was not acting in her personal capacity when she failed to comply with the Commission’s order to pay the attorney fees judgments. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 7, 2024, Case #: 2023-CA-0641, Categories: contempt, Attorney Fees
J. Hanson dismisses the appeal in this dispute between property owners involving a roadway that allegedly separates the parties' properties. The contempt judgment at issue is void, as the appellee failed to properly adhere to certain precedents before seeking a judgment of contempt against the appellant. The court notes that the dismissal is without prejudice, however.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: May 3, 2024, Case #: CL-2023-0421, Categories: Civil Procedure, contempt, Real Estate
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Per curiam, the appellate division finds that the lower court properly awarded petitioners attorneys' fees of $48,000 for litigation required by respondents' contemptuous conduct. Petitioners' counsel provided an adequate statement of the legal services provided on the contempt motion, and respondents' claims of overbilling or duplicative work are speculative. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 2, 2024, Case #: 02363, Categories: contempt, Attorney Fees
J. Riley finds that the trial court properly held defendant in contempt and ordered her to serve 90 days in jail for lying three times in court about the existence and death of a child who did not exist, as the lies made it impossible for child services to determine if the child was real. Affirmed.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: April 24, 2024, Case #: 23A-JM-2671, Categories: contempt, Family Law
J. Wolfe finds that the trial court properly held the father in contempt, modified the custody judgment, and named the Philippines-based mother the domiciliary parent of the children. The record shows that the father has "done everything possible to prevent" the minor child from traveling to the Philippines despite the court's order. Also, the relevant factors were properly considered in finding that relocation of the child was in their best interest. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: April 19, 2024, Case #: 2023CU0945, Categories: contempt, Evidence, Family Law
J. Lynch found that the lower court improperly held the department of children, youth, and families in contempt of an order to place a child. Despite the department's reasonable efforts, an appropriate level of care was not available either in- or out-of-state due to availability and staffing shortages caused by the Covid-19 pandemic, in addition to the mother's noncompliance with the child's insulin regimen.
Court: Rhode Island Supreme Court, Judge: Lynch, Filed On: April 15, 2024, Case #: 22-75, Categories: contempt, Family Law
J. Lynch finds that the lower court improperly rejected the inability defense forwarded by the department of children, youth, and families concerning its failure to place a child. Despite the department's reasonable efforts, facility staffing concerns, low discharge rates, and an increase in mental health issues among adolescents during the Covid-19 pandemic created a “perfect storm” for reduced capacity at all appropriate facilities.
Court: Rhode Island Supreme Court, Judge: Lynch, Filed On: April 15, 2024, Case #: 22-59, Categories: contempt, Family Law
J. Calabretta grants, in part, R.R. Donnelly and Sons’ motion for contempt against a former employee who deleted certain files and failed to produce his Dropbox account in violation of a preliminary injunction. The worker violation of the order was not done in good faith or through a reasonable understanding of the order.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: April 12, 2024, Case #: 2:21cv753, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: contempt, Sanctions, Injunction
J. Shanker reverses the trial court's contempt finding against a pro se litigant who lost her contract case against a construction company and then failed to pay the $14,000 in attorney fees, as ordered. Contempt is not an appropriate remedy for failure to pay the fees. Reversed.
Court: DC Court of Appeals, Judge: Shanker, Filed On: April 11, 2024, Case #: 21-CV-0561 , Categories: contempt, Attorney Fees, Contract
J. Chase finds that the trial court properly held an attorney in contempt of court while representing a client in an eviction proceeding. The attorney began to complain about the trial court’s denial of her request for a continuance, claiming it afforded more leniency to the landlord while not providing her the same. After the judge admonished the attorney several times, the attorney's behavior became so disruptive that it required the trial court to pause the business of the court. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: April 9, 2024, Case #: 2023-CA-0783, Categories: contempt, Evidence
J. Tufte vacates a district court’s order directing the Department of Health and Human Services to conduct a pre-plea risk assessment and the order holding the department and an individual in contempt in a matter criminal case in which district court issued an order directing the individual to appear personally and show cause why she should not be held in contempt for not completing a risk assessment.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: April 4, 2024, Case #: 2024ND54, Categories: contempt
J. Jensen finds that the district court properly denied a husband's motion to compel discovery and finds a wife in contempt in divorce proceedings. However, the matter is remanded for findings on the best interest factors concerning the parties' children and reconsideration of the appropriate remedy in light of the court’s findings on those factors. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Jensen , Filed On: April 4, 2024, Case #: 2024ND62, Categories: contempt, Family Law
J. Oldham finds the bankruptcy court improperly held the company in civil contempt and ordered it to pay $239,000 in compensatory damages. The capital management company filed for bankruptcy and its founder objected to a $300 million unsecured claim settlement. The founder filed suit in the district court through another of his companies, alleging the company involved in bankruptcy withheld material information and engaged in self-dealing related to the settlement. The other company then moved for leave to amend to add the bankruptcy restructuring officer as a defendant. The bankruptcy court found the motion constituted “pursu[it] of a claim” against the officer in violation of his order. Fees awarded to the company involved in bankruptcy bore no connection to redressing the other company's decision to file the motion in the wrong court. Vacated.
Court: 5th Circuit, Judge: Oldham , Filed On: April 4, 2024, Case #: 22-11036, Categories: Bankruptcy, contempt, Sanctions
J. Bishop finds the county court properly divided the unmarried couple's shared assets and debts. Though one party was required to pay the other $150,000 within 90 days and did not, the signed agreement includes the stipulation the payment be made upon the other's completion of the transfer of real estate and business asset interests, whichever is later. All aspects of the agreement were met and the party's motion for a finding of contempt is denied. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: March 19, 2024, Case #: A-23-160, Categories: contempt, Property, Contract
J. Gravois finds that the trial court properly issued a permanent injunction against defendant in favor of plaintiffs after defendant drove to plaintiffs’ home and made verbal threats against their lives. However, the permanent injunction should not have included one of the plaintiffs' sons because the son was not a named party, and they did not seek any injunctive relief in favor of the son. Further, the trial court should not have found defendant in contempt of court because she did not have notice of this claim. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: March 13, 2024, Case #: 23-CA-213, Categories: Civil Procedure, contempt
J. Suttell finds that the trial court properly denied a wife relief from judgment and declined to adjudge the husband in contempt, and properly denied her amended motion seeking relief, because the wife was not entitled to survivor benefits in the husband’s federal civilian pension under the marital settlement agreement. Affirmed.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: March 12, 2024, Case #: 22-228, Categories: contempt, Family Law, Settlements
J. Perry finds that the trial court erred in ruling the decedent's wife's personal servitude of habitation in the outdoor kitchen of a residence was terminated because she "was cohabitating with a significant other." The record does not support the finding that the decedent's wife and her boyfriend were living together in the outdoor kitchen based on the limited number of times he stayed over. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: March 6, 2024, Case #: CA-23-344, Categories: contempt, Property, Water
J. Colvin finds that the trial court properly denied a mother's motions for attorney fees and a contempt citation against the grandparents. The trial court granted the mother's petition to set aside and revoke a final consent order granting grandparent visitation rights. There was no evidence presented to support a contempt finding. The mother's challenge to the constitutionality of the grandparent visitation statute is moot. Affirmed in part.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: March 5, 2024, Case #: S24A0004, Categories: contempt, Family Law, Attorney Fees
J. Epley finds the lower court properly denied the father's motion to hold the mother in contempt. Although there were at least 16 days of missed parenting time, these days occurred after the child started kindergarten, which was noted as the expiration of the father's parenting time in the parties' shared parenting agreement. Additionally, the father's failure to answer several FaceTime calls was the only reason he missed the court-ordered communications, and because the majority of the child's absences from school were excused, there was no change in circumstances that warranted an alteration of the parenting agreement. Affirmed.
Court: Ohio Court Of Appeals, Judge: Epley, Filed On: March 1, 2024, Case #: 2024-Ohio-755, Categories: contempt, Evidence, Family Law