168 results for 'filedAt:"2023-09-20"'.
J. Carr finds a lower court improperly dismissed the Republic of Mozambique's contract claims against a naval ship building company. The ship building company argued that Mozambique is obligated to guarantee loans it took out to forge supply contracts with third parties in a certain economic zone. However, even though Mozambique presented evidence in court that the ship builder took bribes from corrupt officials, both parties are bound to an arbitration clause in the agreement. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Carr, Filed On: September 20, 2023, Case #: A4-202-1467, Categories: Arbitration, Fraud, Contract
[Consolidated.] J. Kernodle affirms the judgment of the bankruptcy court relating to the sale of a property owned by the debtor entities. A trustee sought to set aside the sale order for lack of adequate notice, but it was not a creditor or party in interest entitled to actual notice. Also, the debtors' notice to sell the property that was published in a newspaper constituted constructive notice that satisfied due process.
Court: USDC Eastern District of Texas , Judge: Kernodle, Filed On: September 20, 2023, Case #: 4:22cv711, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, Property, Due Process
J. Oetken finds in favor of an employer in this matter of employment discrimination and retaliation. A former employee claims she was the subject of employment discrimination and retaliation when she was terminated from her position as a fitness instructor at a gym. The employee failed to present sufficient evidence to support her claims, and the employer had a legitimate non-discriminatory reason for terminating her employment, as she violated the company’s workplace non-violence policy when she engaged in an altercation with custodial personnel who ordered her to leave the showers after it was announced that they had closed. The employer’s motion for summary judgment is granted.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: September 20, 2023, Case #: 1:20cv3306, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
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J. Brennan denies the telemarketers' motion to dismiss, ruling that while the language of the Telephone Consumer Protection Act does not include cell phones, the ubiquitous nature of the devices in modern society qualify them as residential telephones under the Act and afford the class members the same protections, given their numbers were listed on the national Do Not Call Registry.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: September 20, 2023, Case #: 5:22cv712, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Consumer Law, Class Action
J. Ortega finds the trial court erred by committing appellant to the Addiction and Mental Health Division based on her violation of a “conditional release” agreement that did not conform to the statutory provisions for conditional release. The state concedes the error. Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: September 20, 2023, Case #: A180733, Categories: Commitment
J. Fuller finds that the trial court properly ruled in favor of the park authority in a premises liability and negligence action brought by an individual arising from injuries she suffered on a water slide. The individual has not shown that the park authority acted negligently by failing to enforce or warn her about the slide's weight restriction or that the alleged failure caused her foot, knee and hip injuries. There is also no evidence that the park authority had any knowledge that the water depth in the slide exit pool may have been unsafe at the time of the incident. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: September 20, 2023, Case #: A23A1023, Categories: Negligence, Premises Liability
[Consolidated.] Per curiam, the circuit finds that the lower court properly granted an investment company summary judgment and imposed accruing post-judgment interest in this action to recover on two note agreements and a credit agreement. The oil company attempted to construe the plain language of the agreements in order to exclude pre-judgment interest. The contract language does in fact apply to the entire amount owed by the company to "unpaid principal, ordinary interest, and default interest accrued pre-judgment." Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: September 20, 2023, Case #: 22-225, Categories: Debt Collection, Enforcement Of Judgments
Per curiam, the appeals court finds the trial court properly denied the condo owner a temporary injunction, denied him summary judgment and dismissed his lawsuit seeking to block remedial work the condo association wanted to make to his unit, which the owner says at least should have required getting a second opinion from another engineer. Because there is no reversible error in either of the trial court's orders, they are upheld. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: September 20, 2023, Case #: 22-1057, Categories: Property, Contract
J. Bokor finds the trial court improperly compelled the finance firm to arbitrate its claims against the tropical foods distributor because it is an assignee of a company with which the distributor had an arbitration agreement. Because there are key factual disputes about whether this third-party agreement applies to the firm, the trial court's order is overturned and the matter is remanded for an evidentiary hearing. Reversed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: September 20, 2023, Case #: 22-1029, Categories: Arbitration, Contract
J. Thyer finds the trial court properly convicted defendant for residential burglary, criminal trespass, and second-degree battery committed after he and some friends decided to “trip [on] shrooms.” His friends testified that defendant started "freaking out," took off his clothes and started running through the neighborhood in nothing but socks. A woman testified that defendant approached and assaulted her, wearing nothing but socks. The victim's testimony, as well as security video footage that showed the assault, is sufficient evidence for conviction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: September 20, 2023, Case #: CR-22-782, Categories: Burglary, Assault, Trespass
J. Neeley finds the trial court properly convicted defendant for assault by impeding breath or circulation. Defendant maintains that his arm was around the victim's chest, not her neck or throat, and that her ability to scream negates a finding that her breath was impeded. The responding officer testified that when he arrived at the scene defendant had his hands around the victim's throat and that her eyes appeared "glazed over." After officers removed defendant's hands from the victim's throat, she began screaming. All evidence supports conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: September 20, 2023, Case #: 12-22-00225-CR, Categories: Evidence, Assault, Domestic Violence
J. Walker finds the lower court properly convicted and sentenced defendant for threatening to assault and murder prominent elected officials after the 2020 presidential election. In a video posted to the platform BitChute, defendant urged viewers to "slaughter" members of the U.S. Congress, which was a “true threat . . . to murder.” The evidence is sufficient to support the conviction and the jury was given proper instructions. Affirmed.
Court: 2nd Circuit, Judge: Walker, Filed On: September 20, 2023, Case #: 21-3020, Categories: Sentencing, Threats, Jury Instructions
J. Beger denies the Summers County deputy sheriff's motion for summary judgment in the civil rights lawsuit accusing him and a West Virginia State trooper of using excessive force to restrain and arrest a 75-year-old woman when the trooper came to her home on March 31, 2020, to arrest her son on an outstanding warrant. Though not named as a co-defendant until the complaint was amended on July 15, 2022, it was not until the woman's attorney combed through evidence that she was aware the deputy contributed to her injuries.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: September 20, 2023, Case #: 2:22cv148, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Elder Abuse
J. Myren finds that the circuit court improperly granted summary judgment in favor of a trust concerning the purchase price of land. The parties entered into a sale agreement in 2000 for the sale of land for $325 per acre. During the discussions leading up to the sale, the buyer agreed to that purchase price with the understanding that he would have an option to buy the remainder of their land at a lower per-acre price. Reversed.
Court: South Dakota Supreme Court, Judge: Myren , Filed On: September 20, 2023, Case #: 2023SD49, Categories: Property, Contract
J. Hendon finds the trial court properly dismissed the condo owners' claims against the condo association over mold growth, staining and other water damages in their unit caused by leaks because they are time-barred by the relevant statute of limitations, and the owners have not pointed to any exception that applies to them based on evidence of new leaks or ongoing problems with previous leaks. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: September 20, 2023, Case #: 22-1911, Categories: Property, Tort, Contract
J Dein finds that a pharmacy owner has no personal liability to repay a lender. The lender required the pharmacy owner to continue to run the pharmacy he purchased via loan from it, and expected him to invest his own money into it, even after he told the lender that the pharmacy was accruing further debt and that he was prevented from keeping the inventory it needed. He had asked for advice from the lender multiple times on how to save the pharmacy without getting any advice or help before he turned the pharmacy back over to the lender.
Court: USDC Massachusetts, Judge: Dein, Filed On: September 20, 2023, Case #: 1:16cv10666, NOS: Other Contract - Contract, Categories: Debt Collection, Health Care, Banking / Lending
J. Hoyle finds that the trial court improperly granted summary judgment to the construction consultant in this breach of contract suit brought against the plumbing contractor. The consultant says that the contractor did not properly request arbitration. Though the contractor could have demanded a waiver more promptly, this does not establish that it substantially invoked the judicial process to the extent required to demonstrate a waiver of arbitration. Reversed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: September 20, 2023, Case #: 12-23-00009-CV, Categories: Arbitration, Construction, Contract
J. Gruber finds the circuit court properly terminated the putative father's rights to his minor child. The child was taken into custody after testing positive for opioids at birth. Though paternity tests have shown that the putative father is not the biological father, he argues that he is a parent under the juvenile code and by his acknowledgement of paternity. DHS found his home could not safely accommodate a child, even after improvements were requested. The child needs the permanency of the foster care she has been in her entire life. She does not know or ask about the putative father, and parental rights will not be enforced in such a circumstance. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: September 20, 2023, Case #: CV-23-86, Categories: Family Law
J. Williams grants, in part, the former partner's motion to dismiss fiduciary duty and theft claims, ruling that because his expulsion from the firm may have been improper under for lack of concrete evidence he violated criminal statutes, the accounting firm named as plaintiff is not a legitimate legal entity and must be dismissed from the suit. However, because the other partners in the firm are trustees of the retirement plan at issue in the case, they have standing.
Court: USDC Connecticut, Judge: Williams, Filed On: September 20, 2023, Case #: 3:22cv1269, NOS: Other Statutory Actions - Other Suits, Categories: Erisa, Fiduciary Duty
J. Davila allows some civil rights claims to continue against San Jose from a former owner of a hookah lounge who says local officials unfairly targeted his business with citations and occupancy reductions for alleged code violations. The complaint has properly shown that the lounge was hit with violations regarding their parking lot to which other businesses around the lot were not subjected, leaving enough plausibility that the business was being targeted for some of the equal protection claims to survive. Several individual officials and attorneys being sued are dismissed from the action, however, due to prosecutorial immunity.
Court: USDC Northern District of California, Judge: Davila, Filed On: September 20, 2023, Case #: 5:20cv8808, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Equal Protection