123 results for 'filedAt:"2023-05-12"'.
J. Paton finds a lower court improperly ruled in favor of the department of child safety concerning a mother who was accused of abusing her child. The department argued that it received a report from the State's department of health and human services that the mother abused drugs while neglecting her child, and that the lower court was obligated to exercise temporary emergency jurisdiction. However, the mother sufficiently showed in court that she eventually submitted a negative urine sample and that her child would not be subjected to abuse in her care. Reversed.
Court: Arizona Court Of Appeals Division One, Judge: Paton, Filed On: May 12, 2023, Case #: 1 CA-SA 22-202, Categories: Family Law, Jurisdiction
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J. Gorsuch finds that the court of appeal properly dismissed pork farmers' challenge to the constitutionality of California law that forbids selling pork within the state if pigs have been confined in a cruel manner because pork producers failed to demonstrate the law was discriminatory or intended to affect interstate commerce over domestic commerce. Affirmed.
Court: US Supreme Court, Judge: Gorsuch, Filed On: May 12, 2023, Case #: 21-468, Categories: Commerce, Trade
J. Witt finds the lower court properly convicted defendant of aggravated cruelty to animals for shooting and killing a cat he had caged outside of his residence. Evidence is sufficient to support his conviction and sentence of one year probation, he is prohibited from owning any animals for a period of one year, and is required to be placed on the animal cruelty registry for a period of two years. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Witt, Filed On: May 12, 2023, Case #: E2021-01467-CCA-R3-CD, Categories: Evidence, Animal Cruelty
J. Erickson finds a lower court properly ruled in favor of the U.S. Department of Agriculture on a landowner's request to recertify a site as a wetland. The landowner argued that the department violated the Review Regulation and Swampbuster Act by denying his request. However, the Review Regulation does not conflict with the Swampbuster provision, and allows the Natural Resources Conservation Service to refuse meritless requests from farmers who may attempt to freely certify property as wetlands. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: May 12, 2023, Case #: 22-2729, Categories: Agriculture, Property
J. Bennett finds the lower court properly terminated the parental rights of a mother to her minor child on grounds of severe child abuse, and that it is in the best interests of the child, but improperly terminated on grounds abandonment by failure to visit and support. The mother tested positive for methamphetamine and THC at the time of the child’s birth. The child was removed from the mother’s custody at birth, since she was born drug-exposed. Though all other grounds of termination are supported, abandonment by failure to visit and support is not, as the mother was incarcerated for a period of time, and the termination petition has no allegation for termination on grounds of abandonment for the four month period prior to mother’s incarceration, but only for the four month period prior to filing. Reversed in part.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: May 12, 2023, Case #: E2022-00710-COA-R3-PT, Categories: Family Law
J. Gardner finds a lower court properly dismissed a property owner's property damage claims against a City. The property owner argued that the City contaminated his property by failing to prevent lead paint chips from infiltrating his yard. However, the City is immune because it employed the independent contractor.
Court: Kansas Courts Of Appeal, Judge: Gardner, Filed On: May 12, 2023, Case #: 125,258, Categories: Construction, Property, Immunity
J. Grant finds that the 11th Circuit lacks jurisdiction to hear an appeal of the district court's ruling in favor of the employer in an action brought by the employees for alleged violations of the Fair Labor Standards Act. The parties tried to use Federal Rule of Civil Procedure 41(a)(2) to dismiss a single count of the action rather than the entire action. The dismissal was therefore ineffective and no final judgment was rendered in the case.
Court: 11th Circuit, Judge: Grant, Filed On: May 12, 2023, Case #: 22-11325, Categories: Jurisdiction, Labor
J. Navarro finds that the lower court properly granted the lender's claims seventh highest priority in a distribution of assets from the estate of an insurer undergoing liquidation. The lender's award of attorney fees, costs and interest were correctly assigned to priority level (g) for claims of a general creditor. Affirmed.
Court: Illinois Appellate Court, Judge: Navarro, Filed On: May 12, 2023, Case #: 211370, Categories: Bankruptcy, Insurance
J. Stadtmueller grants the stock food photos company's motion for default judgment against the media firm remaining in its lawsuit alleging the use of 17 of its photos in a supermarket's advertising without permission or license, as the elements of copyright infringement have been established and the firm has not responded to the company's lawsuit. An in-person hearing to determine damages is scheduled for June 8, 2023.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: May 12, 2023, Case #: 2:22cv652, NOS: Copyrights - Property Rights, Categories: Copyright, Damages
J. Albright adopts the magistrate’s report and recommendations, including those regarding claim construction, in a patent infringement lawsuit brought by Dropbox against a competitor over patents on data identification, sharing and storage.
Court: USDC Western District of Texas , Judge: Albright, Filed On: May 12, 2023, Case #: 6:20cv251, NOS: Patent - Property Rights, Categories: Civil Procedure, Patent
J. Smith finds that the district court properly entered summary judgment in favor of a utility board in an action alleging First Amendment violations when a former employee was restricted from speaking with potential witnesses and other employees as part of an internal investigation into his alleged misconduct. The communication restriction did not violate the First Amendment because it did not limit the employee's ability to speak about matters of public concern. Affirmed.
Court: 9th Circuit, Judge: Smith, Filed On: May 12, 2023, Case #: 21-36052, Categories: Employment, First Amendment
J. Morris denies in large part a railway company's request for summary judgment regarding claims from an employee who says he was injured on the job while working on a two-person crew hauling a freight train. While the company does prevail on the employee's negligent assignment claim given that he has not shown that the company was knowingly giving him work that went beyond his physical capacities, the remainder of his claims can continue because it has been at least plausibly alleged that he was not given a safe work environment.
Court: USDC Montana, Judge: Morris, Filed On: May 12, 2023, Case #: 4:21cv61, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Employment, Product Liability
J. Mortensen finds the trial court improperly dismissed all claims brought by the Planned Parenthood patient who alleges that a medical assistant with whom she had an acquaintance publicized her private health information. Though the patient failed to observe certain prelitigation requirements, her pleadings are not solely legal conclusions, as argued by PP. She sufficiently pled that the medical assistant was employed by Planned Parenthood at the “times discussed” in the complaint, at least implicitly including the “time” when he allegedly disclosed that the patient had undergone an abortion procedure. Affirmed in part. Reversed in part and remanded.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: May 12, 2023, Case #: 20210457-CA, Categories: Constitution, Health Care, Due Process
J. Higginson finds the trial court properly convicted defendant for the armed robberies of several cell phone stores in the Fort Worth area. The two defendants in the robberies were both convicted on three robbery counts and two related firearm counts. Each was sentenced to 124 months per robbery count and 84 months per firearm count. On appeal, defendant fails to explain in what ways he and his accomplice are not similarly situated. There is no basis for finding error in the sentencing court’s comparison in making an upward variance based on the accomplice’s sentence. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: May 12, 2023, Case #: 21-10708, Categories: Firearms, Robbery, Sentencing
J. Zahn finds the district court properly found in favor of the concrete contractor in this suit alleging the county breached its development agreement with the contractor in its building of a manufacturing facility on county land. The court’s award of attorney fees in its supplemental fee orders was properly considered and calculated. All rules were properly applied. The Idaho Supreme Court declines to award either party fees or costs on appeal. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: May 12, 2023, Case #: 49463, Categories: Construction, Attorney Fees, Contract
J. Bolden grants the employer's motion for summary judgment, ruling that while the security manager's supervisor asked him several times before his termination if he planned to retire, the manager's alcohol consumption at a company event gave the employer a legitimate reason to fire him. There is no evidence of pretext, as several of the comments were made years before the manager's termination, and he was replaced with someone in his protected age group.
Court: USDC Connecticut, Judge: Bolden, Filed On: May 12, 2023, Case #: 3:21cv1486, NOS: Employment - Civil Rights, Categories: Civil Rights, Evidence, Employment Discrimination
J. McDonald finds that the lower court properly dismissed emotional distress claims brought after plaintiff's spouse was arrested for DUI without a warrant because plaintiff could not pursue direct constitutional tort claims for alleged violations of the due process clause of the state constitution. Affirmed in part.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: May 12, 2023, Case #: 21–1992, Categories: Emotional Distress, Due Process
J. Henderson finds the superior court erred in terminating a father’s parental rights after determining that Children's Services met its due diligence obligation on his claims of Alaska Native heritage and contention that his children are Indian children under the Indian Child Welfare Act (ICWA). “Where there is a reason to know that ICWA applies, the court must confirm, through ‘a report, declaration, or testimony included in the record,’ that OCS used due diligence to identify and notify relevant tribes.” Reversed.
Court: Alaska Supreme Court, Judge: Henderson, Filed On: May 12, 2023, Case #: S-18479/18480, Categories: Family Law