211 results for 'filedAt:"2023-09-13"'.
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J. Fernandez finds that the trial court improperly ruled against the wife in breach of contract claims concerning unpaid invoices for landscaping services because the wife did not execute the contract with the landscaping company, which had been signed only by the husband. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: September 13, 2023, Case #: 3D22-918, Categories: Contract
J. Lanier finds that the lower court properly sustained the exception of prescription as to the individual's claims of being sexually abused in the 1970s when he was a child by a person who later became a sheriff, where the "force and intimidation continued into their adult lives." The perpetrator was indicted for felony sex crimes in 2019. The individual's claim is prescribed, but he will be allowed to amend the petition "to remove the grounds of the objection, if possible." Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: September 13, 2023, Case #: 2022CA0998, Categories: Civil Procedure, Tort
J. Rao finds the district court needs to take another look at communications on Representative Scott Perry’s phone, which was seized following allegations he used it to discuss fraud in the 2020 election, and determine whether certain messages are privileged. Certain acts of informal factfinding may be privileged under the Speech or Debate Clause. Vacated in part.
Court: DC Circuit, Judge: Rao, Filed On: September 13, 2023, Case #: 23-3001 , Categories: Elections, Government, Privilege
J. Battaglia denies a baked goods company's motion to compel arbitration concerning a class of employees' California Labor Code violations. The existing arbitration clause in their employment agreements "contains multiple unconscionable provisions that significantly hinder plaintiffs' ability to bring claims against defendant, imposes a hefty financial burden on plaintiffs alone, and excludes from arbitration those claims most likely to be brought by defendants." These circumstances "demonstrate an intent to force a weaker party into unfair arbitration."
Court: USDC Southern District of California, Judge: Battaglia, Filed On: September 13, 2023, Case #: 3:22cv1269, NOS: Other Labor Litigation - Labor, Categories: Arbitration, Employment, Class Action
J. Tunheim denies the insurers' three motions to exclude expert testimony along with the insureds' two such motions, with the exception of a request by the insureds to strike two errata sheet changes by one of the experts. Cross-motions for partial and total summary judgment are partially granted. The experts' testimonies are variously appropriate to their proposed functions. Billing limitation agreements the insurers entered with healthcare providers are prohibited under the No-Fault Act as preestablished limitations and for having the effect of managed care. The insurer is therefore enjoined from entering or enforcing those or similar agreements. The insureds' breach of contract claims fail, however, since they have failed to prove that their policies guaranteed them their choice of providers. Issues of fact remain as to the insurers' involvement in challenged policies, so one insurer's request to dismiss all of its claims against an affiliated company that is not an insurer is denied, but another such company which has not issued any auto insurance policies in Minnesota during the class period of this suit is dismissed from this action.
Court: USDC Minnesota, Judge: Tunheim, Filed On: September 13, 2023, Case #: 0:19cv3071, NOS: Insurance - Contract, Categories: Insurance, Class Action, Contract
J. Warhit finds that the lower court improperly found defendant prohibited from challenging service of the complaint made at his former address because he failed to timely update his address with the DMV. A defendant is not automatically estopped from contesting service for failing to update their address, unless the failure was a deliberate attempt to avoid service. Affirmed.
Court: New York Appellate Divisions, Judge: Warhit, Filed On: September 13, 2023, Case #: 04570, Categories: Civil Procedure
J. Golemon finds that the trial court properly convicted defendant for second-degree felony possession of cocaine in an amount greater than four grams but less than 200 grams. Defendant was caught in the act of attempting to break into an officer's truck in order to steal decoy money gotten from a bank that defendant had been surveilling. The drugs were later found in his vehicle. All motions regarding evidence and testimony were properly overruled or dismissed. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: September 13, 2023, Case #: 09-21-00154-CR, Categories: Drug Offender, Evidence, Conspiracy
J. Schumacher finds that defendant was properly committed as a sexually violent predator for sexually assaulting the victim in his car after picking her up at a club because he twice failed sex offender treatment while incarcerated, repeatedly exposed himself to female corrections officers, and was written up 12 times for indecent exposure. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: September 13, 2023, Case #: 22-1606, Categories: Sex Offender, Commitment
Per curiam, the appellate division finds that the lower court improperly granted the gas company's motion to dismiss an unjust enrichment claim against it, stemming from its refusal to remediate 45,000 tons of soil contaminated by its facilities. A construction firm has a reasonable claim the gas company was unjustly enriched when the construction firm was forced to remediate the soil on its own dime in order to proceed with its work. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: September 13, 2023, Case #: 04566, Categories: Environment, Tort
J. Callahan finds that the district court improperly denied a motion for a preliminary injunction in an action brought by the Fellowship of Christian Athletes (FCA) against the San Jose Unified School District for violation of FCA’s First Amendment rights to free exercise of religion and free speech, and directed the district court to enter an order reinstating FCA’s recognition as an official Associated Student Body approved student club. FCA requires its student leaders to affirm a Statement of Faith, which includes the belief that sexual relations should be within the confines of a marriage between a man and a woman. The San Jose Unified School District revoked FCA’s status as an official student club because of "non-discrimination policies." The FCA had organizational standing and its claims were not moot because the District’s actions frustrated the FCA’s mission. Reversed.
Court: 9th Circuit, Judge: Callahan, Filed On: September 13, 2023, Case #: 22-15827, Categories: Education, First Amendment