197 results for 'filedAt:"2023-08-24"'.
J. Darrow grants a university's board of trustees' motion for summary judgment concerning a tenure track assistant professor's wrongful denial of tenure claims. The board of trustees sufficiently showed in court that the tenured professor could not adequately perform her work duties after suffering a pulmonary embolism and traumatic brain injury, which unfortunately left her with a diminished field of vision, a drop foot, and mild aphasia.
Court: USDC Central District of Illinois, Judge: Darrow, Filed On: August 24, 2023, Case #: 4:20cv4232, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Education, Employment, Contract
J. Couriel finds that the court of appeal properly upheld defendant's conviction for extortion because the state sufficiently proved the threat had been made "intentionally and without a lawful justification," and the state was not required to prove defendant acted with hatred. Affirmed.
Court: Florida Supreme Court, Judge: Couriel, Filed On: August 24, 2023, Case #: SC2021-1204, Categories: Intent, Extortion
J. Wise finds that the trial court erred in its award of damages to the distributor on its breach of contract claim relating to a debt owed by a company for goods provided. The evidence did not support the part of the award for freight charges allegedly owed. Reversed in part.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: August 24, 2023, Case #: 14-20-00622-CV, Categories: Fraud, Damages, Contract
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J. Wise finds that the trial court should not have granted summary judgment on the Prompt Payment Act (PPA) claim relating to a construction dispute. The evidence did not "conclusively establish when the payment was received by appellant for purposes of calculating interest under the PPA." Reversed in part.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: August 24, 2023, Case #: 14-22-00101-CV, Categories: Construction, Contract
J. Wise finds that the trial court properly entered a protective order against the individual for stalking and harassing a woman and her son. There was sufficient evidence to show that the individual committed the offenses, and this included sending lewd photos of the woman and the statement that she "should murder her infant son because he is ugly." Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: August 24, 2023, Case #: 14-22-00560-CV, Categories: Family Law, Restraining Order
J. Hassan finds that the trial court improperly granted summary judgment on the claim that a couple's manufactured home violated the subdivision's deed restrictions. The evidence creates fact issues as to whether the couple's home meets the requirement to be of "new construction" and does not violate the ban on "moved in houses." Reversed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: August 24, 2023, Case #: 14-22-00842-CV, Categories: Civil Procedure, Property, Real Estate
J. Deahl reverses two defendants' carjacking convictions after one held the victim at gunpoint while the other took his wallet, phone and car keys. The state failed to show the victim, who was standing 80 to 100 feet from his vehicle, which was parked around the corner of a building, was in immediate actual possession of the vehicle at the time of the crime. Reversed in part.
Court: DC Court of Appeals, Judge: Deahl, Filed On: August 24, 2023, Case #: 22-CF-0266, Categories: Evidence, Theft, Vehicle
[Consolidated]. Per curiam. The Eighth Circuit finds a lower court properly denied as a matter of law an estate administrator's medical malpractice claims against a jail physician concerning the death of an inmate relative who died from sepsis. The estate administrator argued that the jail physician breached standard of care and that she is entitled to punitive damages. However, she failed to present sufficient evidence in court that the physician acted with malice. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: August 24, 2023, Case #: 22-1469, Categories: Civil Rights, Evidence, Medical Malpractice
J. Grasz finds a lower court properly granted summary judgment to a division of workforce service on a job applicant's discrimination claims. The job applicant, who is a native of Mexico who only speaks Spanish, argued that she is entitled to unemployment insurance benefits after she was let go from her job due to Covid-19, and that the department erred in listing her last job as Holiday Inn and not Molly Maid. However, the workforce service presented sufficient evidence in court that she is not entitled to benefits based on her failure to keep track of past earnings. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: August 24, 2023, Case #: 22-2831, Categories: Employment, Insurance, Covid-19
J. Campbell grants a County's motion for summary judgment concerning a mining company's claims that it issued it a permit that contained outdated flow rates, and then refused to review a report completed by a hydrologist, which cost it upwards of $8 million for complying with "unnecessary stabilization demands." However, the County sufficiently showed that the claims are time-barred under the statute of limitations.
Court: USDC Arizona, Judge: Campbell, Filed On: August 24, 2023, Case #: 2:21cv1875, NOS: Other Civil Rights - Civil Rights, Categories: Construction, Energy, Contract
J. Bianco finds that the district court properly awarded damages to a widow who brought federal tort claims for malpractice concerning a VA hospital's delayed diagnosis of her husband's lung cancer. The $975,000 award met the state standard for "reasonable" compensation, and sums assessed for pain and suffering did not deviate significantly from awards in comparable cases. Affirmed.
Court: 2nd Circuit, Judge: Bianco, Filed On: August 24, 2023, Case #: 21-548-cv, Categories: Damages, Medical Malpractice
J. Boardman denies three families their motion for an injunction that would require a county's school board to give them a choice to opt their children out of classroom instruction involving reading any books about family life and human sexuality. Specifically, the families--who are religious--claim that by reading stories about lesbian, gay, bisexual, transgender or queer characters aloud, teachers and the board are violating their children's constitutional rights to free exercise and their own rights to due process. However, the parents are incorrect because the no-opt-out policy regarding the books does not infringe upon their children's freedom to exercise their religion. Also, the parents' claim regarding due process will likely not succeed on the merits as there is no constitutional support for parents replacing state education because they disagree with curriculum.
Court: USDC Maryland, Judge: Boardman, Filed On: August 24, 2023, Case #: 8:23cv1380, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Education, Lgbtq
J. Baker finds that the trial court improperly ruled to terminate a mother’s parental rights to her child. The Texas Department of Family and Protective Services failed to show that the termination of the mother’s rights was in the child's best interests. Reversed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: August 24, 2023, Case #: 03-22-00700-CV, Categories: Family Law
Per curiam, the appellate division finds that attorney Gary Rinck of Connecticut may be reinstated following his September 2022 suspension for failing to meet registration requirements and grants his contemporaneous request to resign from the New York bar for nondisciplinary reasons.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: PM-185-23, Categories: Attorney Discipline
J. Richardson finds the lower court properly determined that the warden was not qualified for immunity. Three guards with prior histories of violence with inmates relentlessly beat and pepper sprayed an inmate they incorrectly thought was involved in a scuff-up between an inmate and another guard. The warden allegedly did nothing to prevent inmates suspected of being involved in the fight from being violently retaliated against. Affirmed.
Court: 4th Circuit, Judge: Richardson, Filed On: August 24, 2023, Case #: 21-6422, Categories: Constitution, Assault, Prisoners' Rights
Per curiam, the appellate division finds that attorney Robin-Hwajin Yoon Kim may be reinstated following her January 2014 suspension for failing to meet registration requirements because Kim complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: PM-189-23, Categories: Attorney Discipline
Per curiam, the appellate division finds that Edward B. Geller shall be suspended from the practice of law for three years as reciprocal discipline for his suspension in the Eastern District of New York for routinely allowing cases to languish after filing and neglecting to communicate with clients.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: August 24, 2023, Case #: 04414, Categories: Attorney Discipline
J. Longoria finds that the lower court properly terminated the mother's parental rights to her two children. The mother contends that the trial did not commence in a timely manner, alleging that the lower court engaged in a "false start" to avoid losing jurisdiction. However, the record indicates that preliminary motions were heard and a case worker was called to testify, before the parties agreed to recess. Also, the lower court did not abuse its discretion by holding a bench trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: August 24, 2023, Case #: 13-23-00145-CV, Categories: Civil Procedure, Family Law, Jurisdiction
J. Christiansen Forster finds that the trial court properly dismissed a traffic collision action because the injured party's expert witness did not disclose the intake form he relied on to conclude that the injuries stemmed entirely from that one collision. He also failed to disclose the literature he relied on to conclude that lifelong treatment would be required. Affirmed.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: August 24, 2023, Case #: 20210894-CA, Categories: Civil Procedure, Negligence, Experts
Per curiam, the Court of Appeals for Veterans Claims grants the Air Force veteran’s legal guardian’s petition for a writ of mandamus to compel Veterans Affairs to issue a decision regarding her reinstatement as payee, address her complaints that his current fiduciary is violating an agreement to support the family, and to release withheld funds. The VA removed the guardian as fiduciary after making a determination of misuse, appointing a paid fiduciary. The accusation proved to be false, but the VA failed to acknowledge this, refusing to restore the guardian’s and veteran’s circumstances. The VA has asserted, without acknowledging the petitioner’s status as legal guardian, that only the veteran, who has already been deemed incompetent, may request a change in fiduciary. If the VA does not act favorably on the guardian’s notice of disagreement she may appeal to the board.
Court: Court Of Appeals For Veterans Claims, Judge: Per curiam, Filed On: August 24, 2023, Case #: 22-4698, Categories: Veterans, Fiduciary Duty, Military