142 results for 'filedAt:"2023-08-08"'.
J. Chaney finds the lower court properly granted a divorce to a wife, but improperly determined the distribution of real property. The wife was granted a divorce on grounds that she and husband had lived separate and apart, continuously and uninterrupted, without any cohabitation for more than one year. While the trial court found the date of separation to be in July 2014, the husband argued it was not until December 2018. The instant court finds the trial court properly determined the July 2014 date to be the date of separation, but the distribution of real property is vacated and remanded for reconsideration. Affirmed in part.
Court: Virginia Court Of Appeals, Judge: Chaney, Filed On: August 8, 2023, Case #: 0120-22-4, Categories: Family Law
J. Athey finds the lower court improperly declared a new property line in this real estate matter. Homeowners claim their neighbors constructed a fence on their property, and complain that bamboo that the neighbor planted is growing onto their property as well, creating a nuisance. While the lower court properly determined that the bamboo from the neighbor’s yard had encroached on the homeowner’s property creating a nuisance, it did not have jurisdiction to declare a new property line. The matter is remanded for further consideration. Reversed in part.
Court: Virginia Court Of Appeals, Judge: Athey, Filed On: August 8, 2023, Case #: 0754-22-4, Categories: Real Estate, Zoning, Jurisdiction
J. Ashford finds for the commissioner of internal revenue in this tax liability dispute because the wife failed to demonstrate she is entitled to relief for joint tax filing deficiencies.
Court: U.S. Tax Court, Judge: Ashford, Filed On: August 8, 2023, Case #: 2023-101, Categories: Tax
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J. Pillard upholds, in part, the district court's refusal to dismiss claims by certain individuals seeking compensation from the Republic of Hungary for property seized during the Holocaust. Four of the 12 individuals have plausibly alleged they were Czechoslovakian nationals at the time of the takings and, therefore, their claims fall under the expropriation exception to the Foreign Sovereign Immunities Act. Affirmed in part.
Court: DC Circuit, Judge: Pillard, Filed On: August 8, 2023, Case #: 22-7010 , Categories: Tort, Immunity
J. McCarty finds the lower court properly convicted defendant of attempted murder and possession of a firearm by a felon for shooting a man twice after a confrontation in a parking lot. Defendant was sentenced to 20 years for attempted murder, and 10 years for the firearms charge, to be served consecutively. Despite defendant's argument, the jury was properly instructed, and the instant court finds no fault in the lower court’s determination Affirmed.
Court: Mississippi Court Of Appeals, Judge: McCarty, Filed On: August 8, 2023, Case #: 2022-KA-00398-COA, Categories: Firearms, Murder, Jury Instructions
J. Westbrooks finds the lower court properly convicted defendant of first-degree murder and attempted murder, and sentenced him to life imprisonment plus a consecutive 25 years for the attempted murder. Defendant shot his wife and her four-year-old son, killing her; despite multiple gunshot wounds the child survived. Defendant argues he did not receive a fair trial because one of the jurors knew him. The lower court found they were acquaintances by way of the juror conducting church services in which defendant attended, but there was no relationship and the juror’s impartial judgment was not compromised. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Westbrooks, Filed On: August 8, 2023, Case #: 2021-KA-00886-COA, Categories: Jury, Murder
J. Westbrooks finds the lower court properly awarded the parties a divorce, but improperly divided their debt. The wife and husband agreed to an irreconcilable differences divorce and asked the court to divide their property and debt. The lower court found the husband was entitled to a cut of the equity in the marital home, and that the parties should split a contested credit card debt. The instant court agrees with the lower court’s decision, but finds it was unclear on the credit card debt and remands the matter to assess the amount for which each party is responsible. Affirmed in part.
Court: Mississippi Court Of Appeals, Judge: Westbrooks, Filed On: August 8, 2023, Case #: 2022-CA-00372-COA, Categories: Family Law
J. Trauger partially grants summary judgment to the defendant company and its chief executive officer in this lawsuit concerning the company's "business of helping timeshare owners get out of their timeshare obligations." The timeshare plaintiffs allege that the defendants are involved in a fraudulent scheme that encourages individuals to breach their agreements with the plaintiffs. However, their claim under Florida's Deceptive and Unfair Trade Practices Act will be dismissed, because Tennessee law applies.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: August 8, 2023, Case #: 3:20cv599, NOS: Other Statutory Actions - Other Suits, Categories: Trade, Consumer Law, Contract
J. Thrash finds in favor of the moving company in a negligence action brought by the driver arising from a car collision but denies the companies' motion for evidence spoliation sanctions. The driver failed to present evidence which would create an issue of fact as to the moving company's liability. Dismissal is not a proper sanction for the totaling of the driver's vehicle after it was involved in a subsequent collision. The companies are also not entitled to an award of fees for their accident reconstruction expert. The companies' motion for summary judgment is granted as to the driver's negligent hiring, retention, training and supervision claims but denied as to the negligence and imputed liability claims.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: August 8, 2023, Case #: 1:22cv628, NOS: Insurance - Contract, Categories: Evidence, Sanctions, Negligence
J. Contreras conditionally grants the relator's petition for a writ of mandamus, in which she challenges certain rulings in the underlying personal injury lawsuit stemming from an automobile accident. The lower court abused its discretion by denying her supplemental motion to disqualify counsel. Also, the "death penalty sanction" imposed is not supported by the record, as it does not show that the lower court "considered lesser sanctions."
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: August 8, 2023, Case #: 13-23-00048-CV, Categories: Civil Procedure, Sanctions
J. Pirtle finds the trial court properly applied a habitual offender sentencing enhancement on defendant’s plea-base conviction for escape. He objected to certain exhibits proving his offender status, arguing that they failed to show his pleas were voluntarily entered. He also objected that others were not entered in the original information. There was sufficient evidence shown to prove prior convictions. Whether the court erred in receiving exhibits not in the original information need not be addressed. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: August 8, 2023, Case #: A-23-117, Categories: Evidence, Sentencing, Escape
J. Gordon grants the county’s motion for summary judgment on all claims alleging discriminatory treatment based on sexual orientation brought by the county’s director of planning. The director cannot show he suffered an adverse employment action as he is still on the job without a change in compensation. If allegations were true that the supervisor subjected the director to harsh, unfounded criticism in an attempt to get him fired, it resulted in no changes to the terms and conditions of the director’s employment. The director has also not identified a similarly situated employee who was treated differently.
Court: USDC Nevada, Judge: Gordon, Filed On: August 8, 2023, Case #: 2:21cv1312, NOS: Civil Rights - Habeas Corpus, Categories: Evidence, Employment Discrimination, Employment Retaliation
[Consolidated.] J. Scudder finds that the immigration board properly declined to reopen the immigrant's case after he was removed to Poland for committing a crime of moral turpitude, despite receiving a pardon on this conviction from the Illinois Governor. A pardon can protect a removable non-citizen against removal proceedings, but cannot render an otherwise inadmissible non-citizen admissible. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: August 8, 2023, Case #: 22-1086, Categories: Immigration
J. Simons holds that the trial court erred when it found a voter-approved city ordinance that expanded the electorate for school board elections to noncitizen parents void and unenforceable. Charter cities have the authority under the state constitution to include noncitizen parents in school board elections. Also, charter cities are exempted from Education Code provisions that require compliance the election law requirement that registered voters be citizens. Reversed.
Court: California Courts Of Appeal, Judge: Simons, Filed On: August 8, 2023, Case #: A165899, Categories: Education, Elections, Municipal Law
J. May finds that the trial court properly ruled regarding a commitment. The evidence showed that the individual was mentally ill and a danger to himself and others, and the trial court correctly found that his commitment should continue. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: August 8, 2023, Case #: 22A-MH-3071, Categories: Commitment
J. Rovner finds that the lower court properly found for the employer in an employment discrimination suit alleging that the prison paid a Laotian prison warden less than similarly-situated employees. The employee failed to identify similarly-situated non-Asians who received higher salaries or pay raises. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: August 8, 2023, Case #: 21-3021, Categories: Employment, Employment Discrimination
J. Block denies in part a motion to dismiss a former New York police officer’s First Amendment rights violations alleging he was fired from the police force following an investigation into his relationships with conservative firebrand Roger Stone and members of the Oath Keepers, Proud Boys and other individuals and organizations who supported former President Donald Trump. The investigation began after an anonymous tip that alleged the litigant participated in the Jan. 6, 2021, attack on the U.S. Capitol. The court preserves a single claim under his right to expressive association against the NYPD officials in their individual capacities, finding he sufficiently alleges that he suffered disciplinary action due to his actions which were of a matter of public concern, specifically Trump’s unsubstantiated claims of election fraud in the 2020 presidential election.
Court: USDC Eastern District of New York, Judge: Block, Filed On: August 8, 2023, Case #: 1:22cv5109, NOS: Employment - Civil Rights, Categories: Employment Discrimination, First Amendment
J. May finds that defendant was properly convicted of dealing a controlled substance that resulted in death. The trial court did not err by allowing evidence from a cellphone linked to the phone that was near the victim's body. In addition, the evidence presented showed that defendant gave the victim the drugs that caused his death. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: August 8, 2023, Case #: 22A-CR-2299, Categories: Drug Offender
J. Boggs finds the lower court properly granted the National Labor Relations Board's motion for a preliminary injunction to reinstate the fired Starbucks employees to their previous positions. The company's anti-union activities, which included closing the Memphis store early to prevent news coverage of union activities and the termination of the Memphis 7, undoubtedly chilled the speech of other employees. Although a unionization vote was successful even after the firings, the results of an election are insufficient to cure the chilling effect of the terminations, especially when a labor union is in its infancy, like the one at issue here. Affirmed.
Court: 6th Circuit, Judge: Boggs, Filed On: August 8, 2023, Case #: 22-5730, Categories: Employment, Labor / Unions, Injunction
J. Conrad finds for a city on a former police officer's disability discrimination and retaliation claims. Evidence shows the police department relied on a psychologist's report, which found the officer was not fit for duty, when it determined he could not perform necessary functions of the job and terminated him.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: August 8, 2023, Case #: 3:21cv625, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Yarbrough finds that the lower court properly granted a temporary injunction in favor of the appellees in this business dispute concerning the operation of a grow yard, which involves the "feeding and stabling of cattle." The injunction at issue enjoined the appellants from foreclosing on a deed of trust, pending the outcome of an arbitration proceeding. The appellees had standing to request the injunction, as the application was filed on behalf of the cattle company. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: August 8, 2023, Case #: 07-23-00047-CV, Categories: Civil Procedure, Real Estate, Business Practices
J. Jolson grants, in part, the decorated metal products company's motion to compel, ruling the competitor must provide a more detailed answer to the first interrogatory regarding the number of steps in its newly patented decoration procedure to determine whether it infringes on the metal products company's patent or is a proprietary trade secret.
Court: USDC Southern District of Ohio, Judge: Jolson, Filed On: August 8, 2023, Case #: 2:22cv3433, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Trade Secrets, Discovery
J. McKinnon holds that the trial court properly dismissed an inmate's claim that a clothed pat-down search violated his Eighth Amendment rights. He presented no evidence that the filmed encounter was for the guard's sexual gratification or to humiliate the inmate, and the brief search was performed randomly on multiple inmates in the same manner. Affirmed.
Court: Montana Supreme Court, Judge: McKinnon, Filed On: August 8, 2023, Case #: DA 22-0579, Categories: Search, Cruel And Unusual Punishment