174 results for 'filedAt:"2023-05-31"'.
J. Flanagan denies, in part, a debt collector's motion to dismiss an individual's consumer claims related to its attempt to collect more than $6,000 in collection fees on a $314 debt she owed a homeowners' association and the subsequent lien it placed on her home. She has alleged sufficient facts to support her claims under the Fair Debt Collection Practices Act and two state debt collection laws, along with her class claims.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: May 31, 2023, Case #: 5:22cv302, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law, Class Action
Upon en banc reconsideration, J. Valenzuela upholds the trial court's termination of a father's parental rights to his daughter and naming her foster parents as her managing conservators. Evidence indicates the father has a criminal history, used meth with the mother of the child while she was pregnant and was charged with assaulting the woman while she was pregnant. Affirmed.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: May 31, 2023, Case #: 04-22-00264-CV, Categories: Family Law
J. Kendall partially grants a web design entrepreneur’s motion for attorney fees from an underlying fraud suit brought against him by his former employer. The entrepreneur prevailed on summary judgment in that case, and now the court finds he is due roughly $17,000 in attorney fees.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: May 31, 2023, Case #: 1:20cv5709, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Fraud, Attorney Fees
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J. Lefkow denies several medical benefit providers’ motions to dismiss fraud claims, brought against them by an insurance agency who say the providers misled it as to their clients’ outstanding medical claims. Despite the benefit providers’ assertions to the contrary, the court finds it does have personal jurisdiction over this case.
Court: USDC Northern District of Illinois, Judge: Lefkow, Filed On: May 31, 2023, Case #: 1:22cv1270, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Insurance, Jurisdiction
J. Furuya finds a lower court improperly denied a defendant's motion to expunge records in connection to his conviction for solicitation to possess marijuana for sale. The State argued that the lower court properly sentenced the defendant for possessing 18 grams of marijuana back in 2014. However, his marijuana offenses are eligible for expungement under the Arizona Revised Statutes.
Court: Arizona Court Of Appeals Division One, Judge: Furuya, Filed On: May 31, 2023, Case #: 1 CA-CR 21-518, Categories: Drug Offender, Sentencing
[Corrected.] Per curiam, the court of appeal finds the trial court improperly granted a company summary judgment on an individual's claims based solely upon the individual's failure to respond. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 31, 2023, Case #: 4D22-332 , Categories: Due Process
J. Fowlkes denies a motion to enforce the settlement agreement in this collective action brought under the Fair Labor Standards Act. The dispute involves an alleged failure to remit payment to certain opt-in plaintiffs. However, the defendant entities have not breached the agreement, as the claimants "failed to submit valid claims under the terms of the Settlement Agreement."
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: May 31, 2023, Case #: 2:13cv2767, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor
J. Branch finds that the district court properly ruled in favor of the former employer in a race discrimination action brought by the former state trooper, a Black man, after he was put on administrative leave and not promoted while he was investigated for allegedly coming to work intoxicated and posting a video of himself on Facebook marketing an at-home breathalyzer device. The former trooper failed to show that he was discriminated against on the basis of his race. He was not qualified for the corporal position since he did not complete a written exam required for promotion. Affirmed.
Court: 11th Circuit, Judge: Branch, Filed On: May 31, 2023, Case #: 21-13561, Categories: Civil Rights, Employment Discrimination
J. Vance denies a request by a creditor of a bankrupt landlord for sanctions against a commercial tenant for an allegedly “frivolous” appeal of a bankruptcy court ruling favoring the creditor for the collection of allegedly unpaid rent. The appeal was “ultimately resolved by authorities neither litigant cited, none of which was a clear, unambiguous” holding of the Fifth Circuit or the Louisiana Supreme Court. The matter is therefore distinguishable from the type of appeals that have been found to be sanctionable.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: May 31, 2023, Case #: 2:22cv4167, NOS: Other Fraud - Torts - Personal Property, Categories: Bankruptcy, Landlord Tenant, Sanctions
Vice Chancellor Fioravanti finds that an investment fund failed to prove that a company in which it invested breached the operating agreement by twice amending the agreement without authorization. By granting the company power of attorney to vote as its proxy, the investment firm also granted the company authority to amend the operating agreement.
Court: Delaware Chancery Court, Judge: Fioravanti, Filed On: May 31, 2023, Case #: 2019-0408-PAF, Categories: Contract
J. Lobrano finds that the district court properly granted a nursing home's exception of prematurity to claims related to the deceased patient's family's allegations concerning failure to render medical treatment after the decedent's fall. Those claims fall within medical malpractice, and a medical review panel has yet to review those claims. However, this court is unable to determine whether the decedent's fall occurred within the course of medical treatment or if it sounds in negligence. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: May 31, 2023, Case #: 2022-CA-0800, Categories: Civil Procedure, Negligence, Medical Malpractice
J. Bokor finds the trial court should have dismissed a lawsuit the New York-based promotional company faced in a dispute with a Hong Kong-based firm over alleged breaches of contract related to product manufacturing. Because the two foreign parties do not conduct business in Florida or have any physical presence there, the evidence overwhelmingly suggests that New York is proper forum for their lawsuit, so the trial court should have dismissed the case due to Florida being an inconvenient forum. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 31, 2023, Case #: 23-0020, Categories: Venue, Contract
J. Lasnik finds in favor of the insurance company for the family's claim seeking coverage for the minor's medically necessary mental health treatment for his ADHD and Generalized Anxiety Disorder. Although there were procedural irregularities in the claims process, the plan's plain language states that the minor needs to receive at least one psychiatric evaluation per week to qualify for coverage at a residential treatment center, but he only received one psychiatric evaluation.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: May 31, 2023, Case #: 2:18cv1308, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Insurance
J. Harris finds the board properly denied the Honduran immigrant's application for cancellation of removal. The immigrant, who sought to stay to care for his elderly father, failed to file an appeal within 30 days of the Board’s December 2020 order. Petition dismissed.
Court: 4th Circuit, Judge: Harris, Filed On: May 31, 2023, Case #: 21-1864, Categories: Immigration
J. Mercier finds that the trial court improperly granted the state's petition to revoke defendant's probation for allegedly committing a RICO violation and failing to pay fines. Defendant's probation had expired at the time the petition was filed and the tolling order submitted by the state and signed by the trial court five years after defendant was sentenced to probation was never filed with the clerk of court. Reversed.
Court: Georgia Court of Appeals, Judge: Mercier, Filed On: May 31, 2023, Case #: A23A0323, Categories: Criminal Procedure, Probation
J. Jones finds the trial court properly ruled to terminate a mother’s parental rights to her child. A reasonable factfinder could have reached a similar conclusion that termination of parental rights was in the best interest of the mother’s child. Therefore, the evidence is sufficient. Affirmed.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: May 31, 2023, Case #: 03-22-00780-CV, Categories: Family Law
J. Reichek finds that the lower court improperly awarded spousal maintenance and divided the community estate in this divorce case. The wife will "take nothing on her request for spousal maintenance," and the case is remanded for a new division of the property. Reversed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: May 31, 2023, Case #: 05-22-00040-CV, Categories: Family Law, Property
Per curiam, the Georgia Supreme Court accepts attorney Brian Walton Whiteside's petition for voluntary discipline and imposes a three-month suspension as discipline for his multiple violations of the Georgia Rules of Professional Conduct. The attorney made false statements to a client in a medical malpractice matter, failed to answer the client's requests for information and failed to advise the client that the matter was dismissed. The attorney also mishandled the same client's divorce litigation by failing to serve the wife or take any action after filing.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: May 31, 2023, Case #: S23Y0579, Categories: Judiciary, Attorney Discipline
J. Earp denies the former employee's motion to dismiss the civil liability for theft claim brought by the employer. Although trade secrets are not explicitly mentioned in the underlying criminal statutes, the hard copies of business records taken by the employee qualify as chattels belonging to the employer and can be used as the basis for the claim.
Court: North Carolina Business Court, Judge: Earp, Filed On: May 31, 2023, Case #: 2023 NCBC 38, Categories: Employment, Trade Secrets
J. Thyer finds the circuit court properly terminated the father’s parental rights to two of his five children, others having been successfully placed in foster care. After a caseworker was unable to locate one of the children, the state human services agency filed a petition for dependency-neglect for all of the children. The father was not compliant with drug and alcohol testing, or other aspects of the reunification plan. He was also not compliant with the permanency planning order entered after he had been found non-compliant with reunification. His lack of compliance has been consistent over a period of four years. His dishonesty and only recent attempts at sobriety support the court’s best interest finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer, Filed On: May 31, 2023, Case #: CV-23-6, Categories: Family Law, Guardianship
J. Conti declines to reconsider the decision allowing parents to sue a school district for allowing a teacher to present a mandatory transgender curriculum to her first grade class. The teacher, who allegedly told students to keep gender related conversations secret from their parents, is accused of "grooming" one child by encouraging him to wear dresses and drawing comparisons to her own first grader, who identifies as trans, and suggesting to students that parents sometimes make mistakes about gender. By introducing transgender curriculum to the classroom, the teacher was imposing her own agenda as opposed to teaching tolerance, and the school may have obstructed parental rights by adopting a "de facto policy" without notifying parents or allowing them to opt out of the particular agenda.
Court: USDC Western District of Pennsylvania, Judge: Conti, Filed On: May 31, 2023, Case #: 2:22cv837, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Lgbtq
J. Brown finds that the trial court properly convicted defendant of reckless conduct and criminal damage to property for firing his gun at a truck. The trial court correctly denied defendant's motion for a directed verdict on the property damage offense because the state offered evidence of the cost to repair the truck. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 31, 2023, Case #: A23A0334, Categories: Property Crimes
J. Rodriguez finds a lower court ruled correctly in convicting defendant of murder after a woman that defendant had been dating was found dead at her home. Defendant argued the state had neither offered adequate evidence against him nor proven that a murder had happened in Texas which would have given this court jurisdiction, but the venue in this case “was not disputed in the trial court,” and prosecutors offered “ample circumstantial evidence,” including a Facebook belonging to defendant that had sent threatening messages to the victim, to provide “authentication” of defendant as the killer. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: May 31, 2023, Case #: 08-22-00109-CR, Categories: Evidence, Murder, Domestic Violence
J. Wood finds the circuit court properly found that the daughter breached her fiduciary duty as guardian of her mother. The daughter served as co-trustee with her mother over a trust benefiting the mother and of which the daughter was the sole beneficiary at the mother’s death. The daughter failed to prove that the source of the mother’s personal funds transferred into the trust was the trust itself. The daughter admitted transferring all of the funds in her mother’s personal accounts totaling over $1 million into the trust. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: May 31, 2023, Case #: CV-20-555, Categories: Trusts, Wills / Probate, Fiduciary Duty
J. Kobayashi dismisses a claim of security fraud against several loan brokers and their agent, finding that investments alleged to have been made under coercion are not securities. The private commercial loans in dispute could not have been publicly traded and were not offered to other investors, and therefore cannot be considered securities under the Securities Act.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: May 31, 2023, Case #: 1:22cv344, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Fraud, Securities, Business Practices