116 results for 'filedAt:"2023-10-20"'.
J. Moylan finds a lower court properly imposed committal for contempt orders on a Somalian native. The Somalian native argued that he is entitled to take his children away from his wife, who planned to take them to England to avoid abuse. However, he has the opportunity to engage with the court to purge a contempt order and to explain how the children can be brought back to the U.K. peacefully. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Moylan, Filed On: October 20, 2023, Case #: CA-2023-1221, Categories: Contempt, Family Law, Immigration
Per curiam, the Fifth Circuit finds the trial court properly granted summary judgment to the portable toilet rental company in this negligence suit alleging that toilet placement caused a patron to fall and injure himself. The toilet was in place due to freezing weather causing interior toilets at the truck and rest stop to be inoperable. The small curb on which the patron tripped, at least a foot away from the toilet, shows that it did not present a great likelihood and magnitude of harm. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 20, 2023, Case #: 23-30313, Categories: Evidence, Tort, Negligence
J. Luckert finds a lower court properly denied a defendant's motion for counsel. The defendant, who was convicted on charges of rape, argued that he is entitled to representation to challenge his 272-month sentence. However, the defendant's motion is untimely. Affirmed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: October 20, 2023, Case #: 124,674, Categories: Sentencing, Sex Offender
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J. Silva grants the Nevada secretary of state’s motion to dismiss this suit alleging that Nevada’s Election Worker’s Protection Act violates the U.S. and Nevada Constitutions. Certain poll workers say that the Act may subject workers to criminal liability for making legitimate challenges. The workers fail to articulate an objective, concrete threat of future harm in their possible discouragement from poll work. There are no allegations that the workers filing suit will not participate in future elections.
Court: USDC Nevada, Judge: Silva, Filed On: October 20, 2023, Case #: 2:23cv1009, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Elections, Tort
J. Malone finds a lower court properly convicted a defendant on two felony crimes and two misdemeanors. The defendant argued that the lower court erred in calculating his criminal history score. However, the government presented sufficient evidence in court that a prior conviction for criminal threat was based on conduct that was intentional. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Malone, Filed On: October 20, 2023, Case #: 125,269, Categories: Evidence, Threats
J. Cline finds a lower court properly granted summary judgment in favor of a promotional products company, but not the original owner of the company himself. A former business partner argued that the owner of the promotional products company breached fiduciary duty by defaulting on lines of credit, leaving him in deep debt, and then launched a separate business without notice. However, the former owner of the company sufficiently showed in court that his former partner did not suffer direct damages as a result of his actions. Affirmed in part.
Court: Kansas Courts Of Appeal, Judge: Cline, Filed On: October 20, 2023, Case #: 125,657, Categories: Fiduciary Duty, Business Practices
J. Smith finds the trial court improperly dismissed on res judicata grounds a homeowner’s breach of implied warranty of fitness for a particular purpose and limited warranty lawsuit against two construction companies. “Here, the indemnification responsibility does not run from Lennar Homes to Mills; rather, the subcontract requires Mills to indemnify Lennar Homes.” The homebuilder Lennar fails to cite any contractual obligations making them liable for default judgment entered against Mills, making Lennar not privy to Mills default judgment. Reversed.
Court: Florida Courts Of Appeal, Judge: Smith, Filed On: October 20, 2023, Case #: 6D23-1318, Categories: Property, Warranty, Indemnification
J. Berger finds that the court of appeals should have suppressed evidence in defendant's trial for drug trafficking and other charges because the court misapplied statute in determining whether the exclusionary rule applied to evidence discovered while searching a vehicle in investigating a hit and run. The court misapplied statute in determining whether the exclusionary rule applied to evidence discovered during the search. Reversed.
Court: North Carolina Supreme Court, Judge: Berger, Filed On: October 20, 2023, Case #: 95A22, Categories: Drug Offender, Search
J. Crouse finds the trial court properly determined an urban delivery company assented to a gig networking platform’s terms and conditions by creating its account, so the platform was therefore reasonable to enforce the forum-selection clause. The preliminary and antisuit injunctions were not in error and is overruled. Affirmed.
Court: Ohio Court Of Appeals, Judge: Crouse, Filed On: October 20, 2023, Case #: 2023-Ohio-3807, Categories: Contract, Injunction
J. King finds the lower court correctly denied the defendant a writ of coram nobis relief. The defendant argued that his 1993 conviction was predicated on a charge for shooting a gun at a police officer that no longer is classified as a crime of violence. The defendant failed to show that the charge in question was the only reason for his sentence. Affirmed
Court: 4th Circuit, Judge: King, Filed On: October 20, 2023, Case #: 20-7579, Categories: Firearms, Sentencing
J. Grimes finds that the trial court should have awarded all the attorney fees requested by a law firm that prevailed on an anti-SLAPP motion. The motion was filed in response to a professor's complaint alleging the firm had conducted a biased investigation of the professor's underlying harassment claims against her university colleagues. The professor failed to show that any exceptions to the anti-SLAPP statute applied, nor did she demonstrate a probability of success on the merits. Reversed in part.
Court: California Courts Of Appeal, Judge: Grimes, Filed On: October 20, 2023, Case #: B312337, Categories: Anti-slapp, Attorney Fees
J. Berzon finds that the district court improperly dismissed a class complaint for failure to state a claim in an action in which a California state prisoner sentenced to death, alleged that state officials are violating his procedural due process rights by failing to appoint post-conviction relief counsel as required by California law. Defendant has standing because "he has adequately shown that the declaratory relief he seeks would redress his injuries." Reversed.
Court: 9th Circuit, Judge: Berzon, Filed On: October 20, 2023, Case #: 21-55464, Categories: Prisoners' Rights
J. Payson removes the "attorneys' eyes only" designation from a sales and commission report prepared by a sales agent accused of colluding with a former employee to steal the customer base of a component parts manufacturer because the report did not reveal which specific items had been purchased or the price of goods and services and thus did not include confidential information. However, recently invoiced amounts may constitute commercially sensitive information.
Court: USDC Western District of New York, Judge: Payson , Filed On: October 20, 2023, Case #: 6:20cv7031, NOS: Other Contract - Contract, Categories: Contract
J. Gillmor rules on several motions in limine in this loan contract dispute, determining, for example, that partial evidence of prior bad dealings may be introduced to the court.
Court: USDC Hawaii, Judge: Gillmor, Filed On: October 20, 2023, Case #: 1:20cv411, NOS: Other Contract - Contract, Categories: Evidence, Contract
J. Wu grants final approval of the $142,500 settlement for the employee's lawsuit alleging that the construction company did not pay its employees overtime wages. The settlement is fair because the overall settlement is close to the valuation of the claims presented under Virgin Islands law, which make up the majority of the original $148,000 exposure model, and it is more than the employees could expect to receive under the Fair Labor Standards Act.
Court: USDC Central District of California, Judge: Wu, Filed On: October 20, 2023, Case #: 2:21cv7533, NOS: Fair Labor Standards Act - Labor, Categories: Settlements, Class Action, Labor