112 results for 'filedAt:"2023-10-10"'.
J. Wood, in chambers, grants the prisoner's motion for leave to proceed on appeal in forma pauperis. The district court did not adequately consider the balance the Prison
Litigation Reform Act struck between the need to collect fees and a prisoner’s discretionary use of his funds. Even if the prisoner spent his money at the prison commissary instead of on court fees, there is nothing to suggest he deliberately depleted his account to avoid payment.
Court: 7th Circuit, Judge: Wood, Filed On: October 10, 2023, Case #: 23-1086, Categories: Prisoners' Rights
J. Warby finds a lower court properly dismissed a consumer's unlawful personal data processing against a payment solutions company. The consumer argued that the information commissioner failed to investigate his right to privacy concerning the company's practice of gathering data without permission. However, the information commissioner is not obligated to decided whether or not his privacy rights were infringed.
Court: Her Majesty's Court of Appeal, Judge: Warby, Filed On: October 10, 2023, Case #: CA-2022-2471, Categories: Government, Consumer Law, Privacy
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J. Bourliot finds that the trial court properly modified a 2018 order and made the father sole managing conservator of the children with the right to designate their primary residence. The mother's jurisdictional argument lacks merit, and the evidence showed that removing her as joint managing conservator was in the children's best interest. The mother falsely alleged that the father sexually abused the children, and she previously abducted the children. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: October 10, 2023, Case #: 14-22-00853-CV, Categories: Evidence, Family Law
J. Bourliot finds that defendant was improperly convicted of aggravated assault of a security officer by threat and given a 45-year sentence. The evidence did not support the finding that the shooting victim was a security officer as defined by the relevant statute, and the jury charge was "riddled with errors." The judgment is reformed to show a conviction for the lesser-included offense of aggravated assault by threat and the case remanded for a new sentencing hearing. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: October 10, 2023, Case #: 14-22-00135-CR, Categories: Evidence, Jury, Assault
[Consolidated.] J. Rowe, on certiorari, finds the court of civil appeals properly found the district court had limited jurisdiction to hear the Department of Corrections suit against the state auditor, affirming its conclusion that the Tulsa County jail’s “actual daily cost” to house inmates includes consumable and fixed costs. The state auditor’ failed to account for the additional costs for housing an inmate not otherwise incurred as to be “reimbursed” by the state, as predicated on the inmate’s presence. The auditor employed an “operating cost-based calculation,” which does not result in a determination of “actual daily cost.”
Court: Oklahoma Supreme Court, Judge: Rowe, Filed On: October 10, 2023, Case #: 119,907, Categories: Administrative Law, Due Process
[Consolidated.] J. Lorello affirmed the lower court’s denial of defendant’s motion to correct an illegal sentence, finding that her felony burglary conviction should not be reduced to misdemeanor commercial burglary because the legislature had not created that charge when she committed the burglary. The statute was not declared retroactive by the legislature.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: October 10, 2023, Case #: 49434, Categories: Burglary
J. Sykes finds that the lower court properly denied the Venezuelan distributor's request for discovery against the American heavy equipment giant, Caterpillar, in a breach of contract suit filed in Switzerland. The parties' agreed to resolve their disputes in Swiss courts, knowing that Swiss law has more circumscribed discovery procedures. The distributor cannot circumvent that decision now. Affirmed.
Court: 7th Circuit, Judge: Sykes, Filed On: October 10, 2023, Case #: 22-1463, Categories: International Law, Discovery, Contract
J. Westbrooks finds the lower court properly modified custody of the parties’ children, awarding the father sole physical custody. The mother was found to have withheld visitation, and the father demonstrated that there was a material change in circumstances that called for a review of the custody award. The lower court agreed with the father finding concerns surrounding behavioral changes as the result of the children living in the mother and step-father’s home. The instant court finds no reversible error in the lower court's findings and modification. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Westbrooks, Filed On: October 10, 2023, Case #: 2022-CA-00294-COA, Categories: Family Law
J. Cody finds the county court properly admitted the will to probate, effectively denying the decedent’s adult child a share of his father’s estate. The adult child was left stock, and the decedent’s brother’s final inventory and appraisal listed no common stock among the assets. A family friend who received a cash gift then petitioned to probate the will. A cited probate code regarding the timeliness of the friend’s petition doesn’t apply because he was not served with the original petition for letters of administration and appointment of a special administrator in advance of the hearing. Affirmed.
Court: California Courts Of Appeal, Judge: Cody, Filed On: October 10, 2023, Case #: B320664, Categories: Wills / Probate, Due Process
J. Clark denies nationwide certification in class claims contending a rental car company imposed administrative fees without consent or disclosure after plaintiff received a speeding ticket from an automatic traffic enforcement device. Unjust enrichment laws of different states may conflict, and New Jersey law will not apply to all class members. However, that 52% of the proposed class knew about the ticket process, paid the violations, and rented from the company again did not bar certification of a subclass.
Court: USDC New Jersey, Judge: Clark , Filed On: October 10, 2023, Case #: 2:14cv6072, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Consumer Law, Class Action
J. Bradford finds that the trial court properly upheld the jury verdict in claims contending a $5.5 million redevelopment project was left incomplete while bond proceeds were used to provide personal benefits to the mayor and his family. The city provided evidence that the principal failed to cooperate with an investigation into the use of bond funds and that $2.5 million in proceeds were provided even though the builder had not met conditions set in the bond indenture. Meanwhile, the jury properly found the company 95% at fault for improprieties. Affirmed.
Court: Indiana Court Of Appeals, Judge: Bradford , Filed On: October 10, 2023, Case #: 22A-MI-02060, Categories: Construction, Fraud, Municipal Law
J. Edison dismisses an individual's pro se interpleader action against a mortgage company and others. He fails to state a claim for wrongful foreclosure, embezzlement, fraud and unjust enrichment.
Court: USDC Southern District of Texas, Judge: Edison, Filed On: October 10, 2023, Case #: 3:23cv135, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Banking / Lending, Contract
J. Ayers finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant was convicted of felony murder in perpetration of aggravated child abuse and aggravated child abuse associated with the death of an 18-month-old living in his home. Defendant argues he received ineffective assistance of trial counsel, but he failed to show a deficiency in his representation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: October 10, 2023, Case #: E2022-00295-CCA-R3-PC, Categories: Ineffective Assistance, Murder
J. Rivas-Molloy finds the lower court improperly found in favor of a driver in this matter concerning negligence. A driver hit a cow that was roaming in the highway, and sued the owner of the land upon which the cow was kept. While the lower court found the property owner liable, the instant court finds evidence is insufficient to show that the property owner was responsible as the driver did not show that the property owner owned or controlled the cow, nor did it show that the property owner was responsible for maintaining the property. The driver is to take nothing on his claims against the property owner. Reversed.
Court: Texas Courts of Appeals, Judge: Rivas-Molloy, Filed On: October 10, 2023, Case #: 01-20-00610-CV, Categories: Evidence, Damages, Negligence
J. Witt finds that the lower court properly convicted defendant of abuse of a child and sentenced him to five years in prison. The jury instructions did not impermissibly allow the jury to convict defendant based on non-unanimous findings. Rather, they properly required the jury to find that the father inflicted the injuries on his child due to her issues potty-training. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: October 10, 2023, Case #: WD85526, Categories: Child Victims, Jury Instructions
J. Nichols finds that the lower courts properly sentenced defendants for driving under the influence in two separate cases that Pennsylvania now raises for appeal, arguing both sentences failed to properly take into account prior offenses. New sentences in these cases would violate the constitutional protections guaranteed to defendants by the double jeopardy clause. Affirmed.
Court: Pennsylvania Superior Court, Judge: Nichols, Filed On: October 10, 2023, Case #: J-S13004-23, Categories: Sentencing, Double Jeopardy, Dui
J. Robinson grants the student-athletes' motion to reconsider a prior order finding that the absent plaintiffs did not have standing to pursue a retaliation claim against the university. The athletes allege that comments made at a track and field meeting implicitly threatening team members with removal from the team if they participated in the lawsuit dissuaded some team members from joining the suit or participating as witnesses. This is sufficient to allege an injury-in-fact even though the university's alleged retaliation was not directed specifically at them.
Court: USDC Southern District of California, Judge: Robinson, Filed On: October 10, 2023, Case #: 3:22cv173, NOS: Other Statutory Actions - Other Suits, Categories: Civil Rights, Education
J. Montenegro denies an insurance company's motion to dismiss contract claims brought by the homeowners, who allege that the company violated the insurance policy by refusing to cover costs to repair interior water damage caused by a rainstorm. The insureds' claims of oppression and malice are supported by allegations that the insurer would not authorize remediation of the water backup immediately, despite the insureds' concern of potential growth of harmful mold that would severely impact the existing health condition of one of their children.
Court: USDC Southern District of California, Judge: Montenegro, Filed On: October 10, 2023, Case #: 3:23cv229, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Wray finds the lower court properly ordered fees earned by the attorney to be paid by the estate because under New Mexico law, he was entitled to payment for reasonably necessary fees after being appointed guardian of the estate. There was no evidence the attorney's work was duplicative or excessive, but rather, the children's testimony showed the work was for the benefit of their mother and, therefore, the attorney was entitled to be paid out of the estate's assets. Affirmed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: October 10, 2023, Case #: A-1-CA-40419, Categories: Guardianship, Attorney Fees
J. Murguia finds that a matter is to be reheard and vacates a previous order. The matter involves a near-absolute ban on abortion in the state of Idaho, but under federal law hospitals that receive Medicare funds are required to provide abortions for emergencies that include ectopic pregnancy, severe preeclampsia, a septic infection or hemorrhage.
Court: 9th Circuit, Judge: Murguia, Filed On: October 10, 2023, Case #: 23-35440, Categories: Health Care, Medicare
Per curiam, the appellate division finds that the lower court properly entered a $5 million default judgment against the defendant and ordered a constructive trust placed on its assets. The failure to maintain a current mailing address for service of process is not a reasonable excuse for defaulting. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 10, 2023, Case #: 05109, Categories: Civil Procedure, Property