170 results for 'filedAt:"2023-06-22"'.
J. Falk finds a lower court improperly ruled in favor of revenue and customs on a bank's challenge of corporation tax treatments. The revenue and customs authority argued that the bank was not entitled to collect corporate royalty payments after it acquired an oil and gas corporation. However, the bank presented sufficient evidence court that it was entitled to royalty payments because the acquisition between the parties was not a separate "ring fence" oil- related activity.
Court: Her Majesty's Court of Appeal, Judge: Falk, Filed On: June 22, 2023, Case #: CA-2022-812, Categories: Tax, Banking / Lending, Contract
J. Antongiorgi-Jordan grants a property owner judgment as a matter of law in this slip and fall complaint because the couple failed to demonstrate the existence of a dangerous condition or that the property owner failed to warn visitors about the danger.
Court: USDC Puerto Rico, Judge: Antongiorgi-Jordan, Filed On: June 22, 2023, Case #: 3:21cv1078, Categories: Negligence
J. Randolph finds the lower court improperly found that a tenant committed conversion and breached its lease with a building owner when it removed equipment that was affixed to the building. The tenant purchased a commercial business from the building owner but leased the building. The parties agreed to an Asset Purchase Agreement (APA) that stated the tenant purchased the business and all property necessary to conduct the business. When the tenant moved to a new location, it took the equipment, but the building owner said the equipment belonged to it because the equipment was attached to the building and had been excluded from the APA. The lower court agreed. But the instant court finds the equipment is included in the APA, as it is part of all the assets necessary to conduct the business. The tenant is responsible for any damage that may have occurred as a result of removing the equipment, and the matter is remanded to determine the amount of damages to repair the building. Reversed in part.
Court: Mississippi Supreme Court, Judge: Randolph, Filed On: June 22, 2023, Case #: 2021-CA-00778-SCT, Categories: Landlord Tenant, Conversion, Contract
J. Jenkins denies the Chicago Park District’s motion to dismiss civil rights violations claims brought by four gay soccer fans. The fans attended the 2019 Gold Cup final between the U.S. and Mexico at Chicago’s Soldier Field, where they say they were mocked by Mexico fans chanting “Eh puto!” — “puto” being a Spanish vulgarity sometimes used to refer to gay men and male prostitutes. The fans allege the Chicago Park District and Soldier Field personnel did not enforce their own anti-discrimination policies on the Mexico fans, and the court finds there are still too many factual controversies to make dismissal appropriate. The court also rejects the park district’s argument that it is shielded from liability under the Illinois Tort Immunity Act.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: June 22, 2023, Case #: 1:21cv5581, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Tort, Emotional Distress
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Frierson finds the lower court properly terminated the parental rights of a mother to her child on grounds of abandonment through failure to support, abandonment through failure to visit, and severe abuse of the child’s sibling, but improperly terminated on grounds that it is in the child’s best interest because the lower court did not apply amended best interest factors. The matter is remanded for further action. Affirmed in part.
Court: Tennessee Court of Appeals, Judge: Frierson, Filed On: June 22, 2023, Case #: M2022-00839-COA-R3-PT, Categories: Family Law
J. Armstrong finds the lower court properly vacated a decision by the Metropolitan Nashville Board of Education (Board) terminating a tenured teacher’s employment. The lower court reversed the decision of the Board on grounds that it had violated the Open Meetings Act by failing to provide adequate public notice of the special meeting it held where the motion to dismiss and terminate the teacher’s employment passed, but the instant court finds the Board committed clear error when it conducted a third hearing on the termination, violating the Tenure Act. The teacher’s termination is vacated, and he is reinstated to his previous position with back pay. Affirmed in part.
Court: Tennessee Court of Appeals, Judge: Armstrong, Filed On: June 22, 2023, Case #: M2022-01079-COA-R3-CV, Categories: Employment, Due Process
J. Thurston grants, in part, a class action settlement of labor law and credit reporting violation claims against Five Guys. The worker demonstrates class certification is appropriate, and the $1.2 million settlement is fair, reasonable and adequate.
Court: USDC Eastern District of California, Judge: Thurston , Filed On: June 22, 2023, Case #: 1:17cv762, NOS: Consumer Credit - Other Suits, Categories: Consumer Law, Class Action, Labor
J. Hodgens finds the lower court improperly found for a town on three police officers' action regarding the lower rate of pay they received while attending the policy academy. Despite labeling the new-hires as cadets during training, the relevant statute requires the town to pay them the wages they would receive as police officers. Vacated.
Court: Massachusetts Court Of Appeals, Judge: Hodgens, Filed On: June 22, 2023, Case #: 22-P-259 , Categories: Labor
J. Kamins finds the juvenile court properly changed two children’s permanency plans from reunification to adoption. The evidence “includes psychological reports, expert testimony, and testimony from both children.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: June 22, 2023, Case #: A179775, Categories: Evidence, Family Law
J. Niemeyer finds the lower court properly dismissed the defendant's motion to suppress evidence finding the defendant carrying large amounts of meth from a vehicle search. The officers had reasonable suspicion to stop him after seeing him at a common drug trafficker hangout and knowing his previous history as a convicted drug dealer. Affirmed.
Court: 4th Circuit, Judge: Niemeyer , Filed On: June 22, 2023, Case #: 21-4634, Categories: Drug Offender, Evidence, Search
J. Kamins finds the trial court erred by denying an acquittal motion by defendant, convicted of unlawfully purchasing a firearm. The state concedes the record lacked evidence that defendant knew she could not buy a gun. Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: June 22, 2023, Case #: A176594, Categories: Evidence, Firearms
[Substitute.] J. Stegner finds that the district court properly denied defendant's successive post-conviction petition for relief from the death sentence on a murder conviction. He waived his arguments for judicial notice of the entirety of the records from his previous criminal cases as well as his argument that he was wrongly denied a discovery motion. His claims of ineffective assistance at the trial, sentencing and post-conviction phases fail because he did not show that counsel should have raised cumulative error, discovery or other issues. Affirmed.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: June 22, 2023, Case #: 47871, Categories: Death Penalty, Murder
Per curiam, the appeals court finds that the trial court improperly denied in part the bus operator's motion for partial summary disposition in an action brought by a passenger arising from injuries she suffered in a bus collision. The passenger sought payment of personal injury protection benefits from the bus operator. Medical providers executed assignments of rights to collect insurance benefits in exchange for medical treatment but later revoked the assignments and transferred the claims to the passenger. The revocations occurred more than a year after the bus operator denied the providers' claims for benefits. The providers no longer had valid claims under the one-year-back rule. Reversed in part.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: June 22, 2023, Case #: 360537, Categories: Insurance
J. Tookey finds BOPPS properly determined on remand that petitioner incorrectly classified as a Level 3 sex offender for a misdemeanor sex offense in another state. The remand “did not provide an opportunity for petitioner to relitigate the entire determination, to raise new arguments, or to raise again challenges to BOPPS’s risk assessment.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: June 22, 2023, Case #: A177063, Categories: Sex Offender
J. Kruger finds that the lower courts improperly held that police officers who left a homicide victim's naked body exposed to the public were immune to an emotional distress complaint filed by the victim's widow. The provision of the Government Claims Act that give absolute immunity to public workers facing malicious prosecution claims does not extend to claims for other types of injuries caused during law enforcement investigations. While there is often overlap between investigations and the initiation of prosecutions, they are not the same. However, other provisions of the Act may shield police from such a claim. Reversed.
Court: California Supreme Court, Judge: Kruger, Filed On: June 22, 2023, Case #: S269672 , Categories: Malicious Prosecution, Immunity, Emotional Distress
J. Rickman finds that the trial court improperly ruled in favor of the sellers in a breach of contract action arising from the sale of a nightclub and event center. The buyer sought to repudiate the asset purchase agreement between the parties based on fraud after a sexual assault that occurred inside the club was livestreamed, resulting in national media attention and a lawsuit against the buyer. The evidence did not support the jury's breach of contract verdict because the buyer performed its obligations under the agreement by paying money owed to the sellers. Reversed.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: June 22, 2023, Case #: A23A0460, Categories: Contract
J. Lynch finds that a county correction officer was properly stripped of service retirement benefits by the state. The 25-year "total creditable service" provisions no longer applied after subtracting time from his faulty time sheets that he had actually spent playing golf, frequenting a casino, or politicking, as had been revealed in a federal indictment and subsequent conviction for theft of funds and wire fraud, which left 24.5 years. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: June 22, 2023, Case #: 535552, Categories: Social Security
J. Kuhn finds that the trial court properly designated defendant a sexually violent predator. The fictional victim created by police to whom he sent sexually explicit online messages satisfies the victim prong of the designation. The term "victim" can mean the intended victim and it focuses on defendant's intent and conduct. Also, the designation can be applied for attempted crimes. Affirmed.
Court: Colorado Court Of Appeals, Judge: Kuhn, Filed On: June 22, 2023, Case #: 20CA1710, Categories: Sentencing, Sex Offender
J. Blanchard finds partially in favor of the consumer in his dispute with the creditor over collection efforts for a $500 loan with a 399% annual percentage interest rate. The circuit court improperly dismissed the consumer's good faith counterclaim, as at least one set of allegations in the counterclaim regarding violations of notice of right to cure requirements is sufficiently pleaded under the Wisconsin Consumer Act, and the circuit court's order is reversed for those allegations. The circuit court also improperly dismissed the consumer's unconscionability counterclaim under the Act, as the creditor's initial filing of its lawsuit attempting to collect the balance of the loan plus nearly $2,000 in interest and fees triggered the potential for such a claim, and it does not matter that the creditor successfully moved for voluntary dismissal of its claim, though the circuit court's voluntary dismissal decision is upheld. Reversed in part.
Court: Wisconsin Court of Appeals, Judge: Blanchard, Filed On: June 22, 2023, Case #: 2022AP000746, Categories: Consumer Law, Contract
J. Flaum finds that the lower court properly convicted defendant of conspiring to possess cocaine with intent to distribute. The government expert's testimony, which defendant objects to, was not critical to defendant's conviction. Further, several witness's references to defendant's incarceration did not prejudice the jury. Affirmed.
Court: 7th Circuit, Judge: Flaum, Filed On: June 22, 2023, Case #: 22-1691, Categories: Drug Offender, Witnesses, Experts
J. Yohalem finds a lower tax hearing officer ruled correctly in favor of UPS in a dispute with tax authorities over taxes allegedly owed. UPS presented “clear and cogent evidence” that a “special mileage formula” used by state tax authorities to evaluate taxes owed by multistate trucking companies “resulted in gross distortion” of UPS’s “actual business activities in New Mexico” and violated the commerce clause of the Constitution. Therefore, UPS was entitled to a reassessment of monies owed. Affirmed.
Court: New Mexico Court of Appeals, Judge: Yohalem, Filed On: June 22, 2023, Case #: A-1-CA-38585, Categories: Administrative Law, Government, Tax