154 results for 'filedAt:"2023-06-23"'.
J. Frimpon denies in part a loan servicing company's motion to dismiss a homeowner's contract claim regarding a home equity line of credit that the homeowner believed was included in his loan modification. The homeowner was notified 15 years later that the home equity line of credit had matured and he owed over $300,000 on the loan. The homeowner concedes that his initial complaint fails to state a claim upon which relief may be granted and would like to add allegations of misrepresentation by the company that modified his loan. He is granted leave to amend.
Court: USDC Central District of California, Judge: Frimpon, Filed On: June 23, 2023, Case #: 5:22cv1881, NOS: Other Contract - Contract, Categories: Real Estate, Contract
J. Cattani finds a lower court improperly ruled that a public records department creates a new record when it uses encryption to redact non- disclosable information housed in a database electronically. The public records department argued that a journalist's request for unredacted information was burdensome. However, the journalist presented sufficient evidence in court that viewing unredacted data does not necessarily create a new record, and would afford her to analyze trends in the database without sharing applicants names and other private information. Reversed.
Court: Arizona Court Of Appeals Division One, Judge: Cattani, Filed On: June 23, 2023, Case #: 1 CA-CV 21-720, Categories: Health Care, Public Record
J. James partly grants a machinery company's motion to compel discovery concerning contract claims against mining excavator, which may have cancelled the parties' distributor sales and service agreement. The machinery company sufficiently showed in court that it is entitled to review the mining excavator's non- privilege surface drills business line documents and balance sheets, but not financial statements from a parent corporation.
Court: USDC Kansas, Judge: James, Filed On: June 23, 2023, Case #: 2:22cv2331, NOS: Franchise - Contract, Categories: Damages, Discovery, Contract
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J. Shepherd finds a lower court properly ruled in favor of three grown children of a deceased father on claims that their stepmother, the executor of his estate, wrongfully retitled his estate in it entirety, and then assumed the assets. The stepmother argued that the lower court erred in establishing a constructive trust and a division of assets based on her claims that no will existed. However, his grown children presented sufficient evidence in court that their father breached a property settlement agreement by failing to leave them one half of his estate. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: June 23, 2023, Case #: 22-1674, Categories: Family Law, Property, Settlements
J. Lewison finds a lower court properly dismissed a historic building advocate's challenge to a local borough council's plans to demolish an old school. The advocate argued that the building was deemed safe and habitable. However, the local borough presented sufficient evidence in court that, even though the structure is safe, the school would benefit from demolition and development rights. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: June 23, 2023, Case #: CA-2022-2401, Categories: Construction, Contract
J. Lindblom finds a lower court properly dismissed a district council's motion for injunction to restrain the government from developing housing for asylum seekers. The local council argued that developing housing on a former airfield would be a breach of planning control. However, the court lacks jurisdiction to hear both parties' arguments. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lindblom, Filed On: June 23, 2023, Case #: CA-2023-867, Categories: Construction, Injunction
J. Thomas finds that the circuit court properly upheld defendant's murder conviction because his right to confront witnesses was not violated by admitting the confession of a non-testifying codefendant. Affirmed.
Court: US Supreme Court, Judge: Thomas, Filed On: June 23, 2023, Case #: 22-196, Categories: Confrontation, Murder
J. Barrett finds that circuit improperly overturned defendant's conviction for fraudulently luring noncitizens to the U.S. through an "adult adoption" scheme because the clause prohibiting purposeful solicitation and facilitation of specific acts known to violate federal law is not overbroad. Reversed.
Court: US Supreme Court, Judge: Barrett, Filed On: June 23, 2023, Case #: 22-179, Categories: Fraud, Immigration
J. Northcutt finds that the trial court improperly granted a distributor of agricultural product leave to file an amended complaint seeking punitive damages for fraudulent inducement because evidence did not support the request. Reversed.
Court: Florida Courts Of Appeal, Judge: Northcutt, Filed On: June 23, 2023, Case #: 2D22-2653, Categories: Fraud, Damages
J. Vaidik finds that the trial court improperly ruled in a landlord-tenant dispute because the tenant should be granted credits for her security deposit and for work done to remedy the condition of the house. Thus, the tenant owes a total of $1,998. Reversed in part.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: June 23, 2023, Case #: 22A-SC-1473, Categories: Landlord Tenant, Damages
J. Zmuda finds the trial court erroneously granted the homebuilder's motion for summary judgment on negligence claims brought by a subcontractor who fell while completing drywall work. Although a construction site is inherently dangerous, the installation of guardrails on the second floor of the home was a critical variable controlled by the homebuilder that exposes it to liability. Although testimony indicates the drywallers were typically in charge of their work environment, there is conflicting evidence the homebuilder maintained control over the entire site, which creates a question of fact that could not be resolved on summary judgment. Reversed.
Court: Ohio Court Of Appeals, Judge: Zmuda, Filed On: June 23, 2023, Case #: 2023-Ohio-2090, Categories: Construction, Negligence
J. Oden Johnson finds that the lower court properly convicted defendant of murder but improperly sentenced him to 50 years in prison. The evidence was sufficient to convict defendant, but the court did not ask defendant whether he wished to waive his right to appear in person at his sentencing hearing held via Zoom conference. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: June 23, 2023, Case #: 210754, Categories: Murder, Sentencing
J. Mullins finds the lower court erroneously dismissed the male student's defamation claim against Yale University and the female student who accused him of sexual assault. The proceeding that led to the male student's expulsion was not quasi-judicial in nature and, therefore, the female student was not entitled to absolute immunity. The female student was not under oath at the time of the hearing and could not be punished by the university because she had already graduated, while the male student was not permitted to cross-examine his accuser or even attend the hearing, which deprived him of procedural safeguards and prevented the application of immunity. Reversed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: June 23, 2023, Case #: SC20705, Categories: Education, Immunity, Defamation
J. Garcia finds that the lower court properly granted summary judgment for the appellee entities, in this premises liability lawsuit brought by a bicycle rider who was allegedly injured in a crash due to a premises defect. The rider contends that the crash was caused by "a thick growth of algae" along the path, but she failed to provide evidence that the appellees knew about the alleged defect. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: June 23, 2023, Case #: 05-22-00590-CV, Categories: Evidence, Tort
J. Higginson finds the district court properly dismissed this case brought by the work visa petitioner who was denied a “national-interest waiver,” which can be used by holders of advanced degrees to obtain a visa without a current job offer. Review of an agency decision or action is precluded if the “authority for” the decision or action “is specified … to be in the discretion of the Attorney General or the Secretary of Homeland Security.” Review by the district court is jurisdictionally barred. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: June 23, 2023, Case #: 22-20419, Categories: Immigration, Jurisdiction
J. Devine finds the court of appeals improperly ruled in favor of the founders of a law firm who redeemed the shares of a recently departed member of the firm. The former member sued the founders, challenging their authority over his stock. The founders lacked the authority over the shares and thus did not have the legal authority to redeem them. Reversed.
Court: Texas Supreme Court, Judge: Devine, Filed On: June 23, 2023, Case #: 21-1014 , Categories: Securities, Business Practices, Contract
[Consolidated.] Per curiam, the court of civil appeals partially denies these three mandamus petitions challenging certain child custody orders in the juvenile court. The petitioners, which include the mother of the three children and the legal father of two of the children, had "an adequate remedy by appeal and untimely sought review of those orders."
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: June 23, 2023, Case #: CL-2022-1125, Categories: Civil Procedure, Family Law
J. Burkhardt denies the insured's motion for discovery relating to his lawsuit arising from a dispute over benefits under several disability income insurance policies the insurance company issued to the insured, who claims to be totally disabled as of May 2020. The insured is seeking to learn whether outside counsel transmitted certain claim file documents to the insurance company and what the company then did with those documents. However, such information is protected by attorney-client privilege.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: June 23, 2023, Case #: 3:22cv767, NOS: Insurance - Contract, Categories: Insurance, Discovery
[Consolidated.] J. Spraker reverses the bankruptcy court's confirmation of a debtor's plan. A secured creditor that did not vote for the plan has shown the debtor's "unsupported optimism" does not establish a reasonable likelihood she could make plan payments. Reversed.
Court: 9th Circuit, Judge: Spraker, Filed On: June 23, 2023, Case #: CC-22-1246-SGF, Categories: Bankruptcy
J. Soto finds a lower court ruled correctly in convicting defendant of aggravated assault with a deadly weapon after a woman was shot at an apartment complex following an argument. Defendant argued there was not sufficient evidence to convict him, but while “the record contains no direct evidence” that he was the shooter, the “cumulative force of the circumstantial evidence,” including the lack of any other suspects at the scene when the woman was shot, was enough evidence to convict him. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: June 23, 2023, Case #: 08-22-00211-CR, Categories: Evidence, Firearms, Assault
J. Walker finds that the lower court properly found that former employees did not violate the Trade Secrets Act by soliciting business from seven of the plaintiff staffing company's customers because customer and employee information was readily obtainable from temporary employees. Further, there is no evidence the former employees misrepresented any information to customers. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: June 23, 2023, Case #: 220533, Categories: Fraud, Trade Secrets
J. Quattlebaum finds the lower court properly denied the defendant's motion to suppress evidence police discovered while searching his van without a warrant. The officers acted reasonably to intake the van containing a high-powered rifle, a pistol, ammunition and explosives in plain view to be left overnight and unattended in a bank parking lot eventually leading to the FBI searching the defendant's cell phone and finding child pornography. Affirmed.
Court: 4th Circuit, Judge: Quattlebaum , Filed On: June 23, 2023, Case #: 21-4687, Categories: Evidence, Firearms, Child Pornography