187 results for 'filedAt:"2023-05-24"'.
J. Sullivan denies an individual's motion for clarification of the district court's previous opinion, which denied the Secretary of the Department of Health and Human Services' motion to dismiss the individual's challenge to a denial of Medicare coverage. Contrary to the individual's arguments, the court only previously decided it had subject matter jurisdiction due to conflicts regarding certain therapy trial requirements, while it did not decide whether other conflicts exist.
Court: USDC District of Columbia, Judge: Sullivan, Filed On: May 24, 2023, Case #: 1:17cv797, NOS: Medicare Act - Contract, Categories: Civil Procedure, Jurisdiction, Medicare
J. Gildea partially reverses the Court of Appeals' decision regarding an administrative rule governing the handling of absentee ballots. While the Court of Appeals correctly held that there was no conflict between state statute and a portion of the rule that prohibits ballot board members from rejecting ballots because they are signed with a nickname, an existing statute conflicts with the portion of the rule which outlines a process for ballot board members to review ballots where the voter's identification number does not match the one on the signature envelope the ballot is sent in.
Court: Minnesota Supreme Court, Judge: Gildea, Filed On: May 24, 2023, Case #: A22-0111, Categories: Elections, Preemption
J. Anderson affirms the district court's finding that language in a proposed charter amendment that has been deemed unconstitutional is not severable from the rest of the amendment. The purpose of the amendment, which would have overhauled the city's municipal elections, is fundamentally tied to the unconstitutional language, which would have blocked the use of ranked-choice voting unless previously approved by voters in a manner preempted by state statute. Affirmed.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: May 24, 2023, Case #: A22-1190, Categories: Constitution, Elections, Municipal Law
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J. Moore reverses the court of appeals' finding that the once-convicted person was exonerated for the purposes of exoneration compensation. The convicted person has not presented "evidence of factual innocence," since the overturn of her second-degree manslaughter conviction was premised on a legal, rather than a factual, issue. Reversed.
Court: Minnesota Supreme Court, Judge: Moore, Filed On: May 24, 2023, Case #: A20-1098, Categories: Manslaughter, Due Process
J. Fish denies, in part, an employer and insurer's motions to dismiss a father's claims for insurance coverage for his son, who has behavioral and mental health issues. He has sufficiently pleaded his claim for coverage pertaining to a facility that specializes in treating minors with mental health issues.
Court: USDC Northern District of Texas , Judge: Fish, Filed On: May 24, 2023, Case #: 3:22cv1919, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Insurance
J. Watkins denies, in part, a city and police officer's motion for summary judgment on an individual's civil rights claims related to a police shooting. There are genuine issues of fact pertaining to his claims for unlawful assault and battery, violation of his Fourth Amendment rights and negligence.
Court: USDC Middle District of Alabama, Judge: Watkins, Filed On: May 24, 2023, Case #: 2:21cv799, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Assault, Police Misconduct
J. Smith finds that the trial court properly terminated the mother's parental rights to her son. The evidence was sufficient to support the finding that the mother engaged in endangering conduct, including her "history of criminal activity and drug use." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: May 24, 2023, Case #: 10-23-00086-CV, Categories: Evidence, Family Law
J. Warner finds that the trial court should have vacated default judgment entered after plaintiffs' attorney failed to attend a case management conference because plaintiffs sufficiently demonstrated excusable neglect. Reversed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: May 24, 2023, Case #: 4D22-3122, Categories: Civil Procedure
J. Blane finds that defendant was properly convicted of DUI based on evidence that defendant failed a field sobriety test after being pulled over for crossing the center line. Affirmed.
Court: Iowa Court Of Appeals, Judge: Blane, Filed On: May 24, 2023, Case #: 22-0904, Categories: Evidence, Dui
J. Brown finds the circuit court properly granted summary judgment to the water authority in this wrongful termination suit. No genuine issue of material fact exists in relation to the former employee’s claims under the Arkansas Whistleblower Act or the Arkansas Civil Rights Act. The employee failed to refute the evidence that he was terminated for the legitimate, nondiscriminatory reasons of failing to meet expectations and for insubordination and harassment. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: May 24, 2023, Case #: CV-21-252, Categories: Evidence, Employment Retaliation
J. Land finds that the trial court improperly upheld the decision by the state board of workers' compensation adopting an administrative law judge's denial of the employee's motion for a change of physician. The employer kept the panel list of doctors posted in a locked room that could be accessed only by a key kept in a locked box in a different room. The administrative law judge incorrectly held that because the panel was located in an area which was technically accessible, it was therefore posted in a prominent location in accordance with the statute. The panel was not easily seen by most employees. Reversed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: May 24, 2023, Case #: A23A0290, Categories: Workers' Compensation
J. Barnes finds that the trial court properly dismissed the individual's petition to quiet title and for ejectment in a property dispute. The individual failed to show that he has any record or prescriptive title to the lots in dispute. Even if the subdivision plats were not recorded properly, the defects would not entitle the individual to any interest in property that had not been legally conveyed to him. Affirmed.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: May 24, 2023, Case #: A23A0723, Categories: Property
J. Crytzer partially grants the employer defendants' summary judgment motion in this lawsuit brought by a former employee under the Americans with Disabilities Act and the Tennessee Public Protection Act. The employers are entitled to summary judgment on the employee's claim that they failed to accommodate him or engage in the interactive process. The employee did not request an accommodation or return certain documents that were provided to request an accommodation under the ADA.
Court: USDC Eastern District of Tennessee , Judge: Crytzer, Filed On: May 24, 2023, Case #: 2:20cv256, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment
J. Gravois finds that the trial court should not have granted the Board of Examiner's exception of no cause of action on a river boat pilot's claim that he was improperly forced into retirement. While Act 902 of 2004 may have established a mandatory retirement age for river pilots, the statute neither confers nor denies a right of action to a commissioned river pilot aggrieved by the alleged actions of the Board. Reversed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: May 24, 2023, Case #: 22-CA-519, Categories: Administrative Law, Employment, Contract
J. Preska partially denies Argentina's motion to dismiss claims in this breach of contract claims brought by an energy company. Argentina never claimed it was unjust for the court to decide issues of Argentine law without live testimony from legal experts until it received an adverse ruling. However, the court will allow Argentina to submit evidence that it did not acquire control of a rival energy company's shares until May 2012.
Court: USDC Southern District of New York, Judge: Preska, Filed On: May 24, 2023, Case #: 1:15cv2739, NOS: Other Contract - Contract, Categories: Energy, International Law, Contract
J. Lasnik grants the alpine club a temporary restraining order stopping the park owner its employees from restraining access to the Kitsap Rhododendron Preserve, as part of the park owner's objection that the alpine club does not have a valid easement to the preserve owned by the park owner. The alpine club shows that “irreparable harm is likely to result in the absence of the injunction," because it would be unable to put on its theatrical performances without access to the venue and thus would have to cancel the performances, including the 100th anniversary of the theater program that involved hundreds of volunteers and 1,500 tickets sold.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: May 24, 2023, Case #: 2:19cv1819, NOS: Trademark - Property Rights, Categories: Property, Trademark, Restraining Order
J. Hunter finds that the trial court properly granted the motion to dismiss a client's action against a law firm as abandoned. In this case, the last effective step in the prosecution of the action occurred on March 8, 2001, when the client served the law firm's counsel with written discovery requests. Further, the record shows that the client was unable to file the motion to compel in 2003 because he did not have the certification stating a discovery conference had been held with defendant as required by local court rule. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: May 24, 2023, Case #: 55,073-CA, Categories: Civil Procedure, Legal Malpractice