156 results for 'filedAt:"2023-06-14"'.
J. Conrad denies an office manager summary judgment in counterclaims seeking damages for breach of an employment agreement and violations of the wage and hour act in claims contending the employer failed to give the manager her final payment because genuine issues remain in dispute as to whether the employer believed it acted in good faith concerning the final paycheck.
Court: North Carolina Business Court, Judge: Conrad, Filed On: June 14, 2023, Case #: 2023NCBC42, Categories: Employment, Contract
J. Gildea affirms the tax court's order to the Commissioner of Revenue to recalculate the natural gas pipeline owner's tax liability. The tax court's income-capitalization approach to valuation was not invalidated by its decision to largely disregard the commissioner's expert's opinions nor by its use of the commissioner's initial assessments in making its valuations. It also did not clearly err in finding that external obsolescence affected the pipelines' value. Affirmed.
Court: Minnesota Supreme Court, Judge: Gildea, Filed On: June 14, 2023, Case #: A22-1069, Categories: Tax, Experts
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J. Hudson suspends attorney Donald Nemer from the practice of law for a minimum of 90 days with two years of probation for professional misconduct including failing to properly document a cash payment, failing to diligently represent a client and to communicate with the client, knowingly disobeying an instruction from the court, making knowingly false and misleading statements to the court, and failing to clearly communicate the basis or rate of his fee, among other allegations.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: June 14, 2023, Case #: A22-1836, Categories: Attorney Discipline
J. Hudson suspends attorney William Winter for a minimum of 30 days for engaging in explicit sexual conversations with a client, failing to recognize the conflict of interest those conversations created and attempting to engage in sexual relations with the client.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: June 14, 2023, Case #: A21-0831, Categories: Attorney Discipline
J. Anderson promulgates amendments to the Minnesota Rules of Civil Procedure to allow service on judges, justices and court staff at their offices, to clarify notice requirements in a rule regarding infants and incompetent persons, and correcting a cross reference in a section regarding depositions.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: June 14, 2023, Case #: ADM04-8001, Categories: Civil Procedure
J. Thomas finds that the trial court properly ruled in claims challenging whether the agency's "fair-hearing final orders" for Medicaid constitute public records that should be published because confidential medical information contained in the materials require redaction. Affirmed.
Court: Florida Courts Of Appeal, Judge: Thomas, Filed On: June 14, 2023, Case #: 1D22-718, Categories: Medicaid, Public Record
J. Smith finds a lower court properly sentenced a defendant to 84 months in prison after a jury convicted him for being a felon in possession of a firearm. The defendant argued that the lower court erred in admitting evidence of a 18-year-old firearm conviction. However, the government presented sufficient evidence in court that the conviction was not too remote. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: June 14, 2023, Case #: 22-1537, Categories: Firearms, Sentencing
J. Frank grants summary judgment to the public entities in the contractors' suit alleging that agreements between those entities and a local labor organization violate the First and Fourteenth Amendments. The last remaining employee challenging the agreements alongside the contractors lacks standing, as do the contractors. A competing labor association also lacks standing. Regardless, their constitutional arguments fail because the Supreme Court's Janus decision applies only to public-sector employees.
Court: USDC Minnesota, Judge: Frank, Filed On: June 14, 2023, Case #: 0:21cv227, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution
J. Christel dismisses with prejudice the insured's extracontractual IFCA, CPA and bad faith claims alleging that the insurance company unreasonably refused to compensate the insured for damages he sustained in a motor vehicle accident. The insurance company conducted an investigation of the insured's claim and had a factual basis for its evaluation, which is that the insured did not provide the insurance company with evidence, such as his doctor's April 2020 opinion regarding his back injury, until after he sent a demand letter for litigation.
Court: USDC Western District of Washington, Judge: Christel, Filed On: June 14, 2023, Case #: 2:21cv1524, NOS: Insurance - Contract, Categories: Evidence, Insurance, Contract
Per curiam, the appellate division finds that the trial court properly dismissed claims seeking to invalidate a Democratic candidate for highway superintendent. After the court struck one signature, plaintiff failed to demonstrate the petition was permeated with fraud. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 14, 2023, Case #: CAE 23-00904, Categories: Elections, Fraud
Per curiam, the appellate division finds that the lower court improperly found for the property owner in a slip and fall action stemming from a man's fall on black ice in the property owner's parking lot. The property owner failed to establish that it did not have constructive notice of the alleged ice condition. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 14, 2023, Case #: 03223, Categories: Tort
J. Talwani denies, in part, a business and individual's motions to dismiss a real estate company's claims related to the failed purchase and sale of two properties. The company has sufficiently pleaded its claims for breach of contract and civil conspiracy, among others, against the business, and its claims for breach of warranty, civil conspiracy, conversion and intentional interference with contractual relations against the individual.
Court: USDC Massachusetts, Judge: Talwani, Filed On: June 14, 2023, Case #: 1:22cv11544, NOS: Other Contract - Contract, Categories: Real Estate, Conversion, Contract
J. Wallace finds that the district court improperly entered a sentence after defendant pleaded guilty to unlawful possession of a firearm. The lower court imposed a heightened base offense level based on the weapon's capacity of more than 15 rounds. Defendant contended that the district court committed error in finding that his magazine could accept more than 15 rounds of ammunition. Defendant was on probation and was subject to a search of a cellphone which contained pictures of defendant with the firearm in question. Police recovered neither the firearm nor the magazine. The enhancement had an extremely disproportionate impact on the sentence and the government did not physically produce or inspect the firearm. Reversed.
Court: 9th Circuit, Judge: Wallace, Filed On: June 14, 2023, Case #: 22-50064, Categories: Evidence, Firearms
J. Chun partially grants default judgment to the labor-management employee-benefit trust funds for their claim that the corporation owes them $100,100 for unreported and unpaid contributions for the audit period between January 2020 and December 2021. The corporation never obtained substitute counsel to defend itself after its counsel withdrew and the trust funds calculated their damages for this period based on the auditor's declaration and the audit report, so they are entitled to damages.
Court: USDC Western District of Washington, Judge: Chun, Filed On: June 14, 2023, Case #: 2:21cv1040, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Evidence, Damages
J. Bunn reverses the lower court's Nov. 19, 2021, order granting the joint motion of the mineral wool manufacturing company, one if its employees and three former members of the Jefferson County Development Authority to settle a Jefferson County activist's defamation suit, finding the judge erred by not holding an evidentiary hearing on the motion, but instead accepting the emails exchanged between the parties as proof of a binding agreement. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Bunn, Filed On: June 14, 2023, Case #: 21-1015, Categories: Environment, Government, Settlements
J. Pagan finds the juvenile court properly determined that DHS has made active efforts to help reunify two Indian children with their mother before the court the children’s permanency plans to tribal customary adoption. “Given the numerous services offered to mother, there is ample support for the juvenile court’s determination.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: June 14, 2023, Case #: A179411, Categories: Family Law
J. Hellman finds a facial challenge to a provision that incorporates the Secretary of State’s Initiative and Referendum Manual is moot. “When a rule has been amended, a facial challenge to the earlier version is moot.”
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: June 14, 2023, Case #: A174211, Categories: Government
J. Bennett denies CSX's motion to dismiss tort claims brought by a class of residents alleging exposure to toxic coal dust following an explosion near the residents' homes. The explosion, at a coal processing plant, covered nearby houses in the dust, which contained lead, arsenic, silica and other carcinogenic substances. CSX argues the class cannot state a claim, but the class's allegations are sufficient for property damage, personal injury, trespass and nuisance.
Court: USDC Maryland, Judge: Bennett, Filed On: June 14, 2023, Case #: 1:22cv2684, NOS: Torts to Land - Real Property, Categories: Environment, Property, Tort
J. Kelley denies a construction company and individual's motion for judgment as a matter of law following a jury verdict in favor of a worker who was injured when he fell from a ladder, which prompted an investigation by the Occupational Safety and Health Administration. The Secretary of Labor showed the company and individual retaliated against the employee by reporting him to immigration officials and arranging a meeting, following which the worker was arrested.
Court: USDC Massachusetts, Judge: Kelley, Filed On: June 14, 2023, Case #: 1:19cv10369, NOS: Other Labor Litigation - Labor, Categories: Employment Retaliation, Labor