195 results for 'filedAt:"2023-12-21"'.
J. Brennan finds that the lower court properly upheld the Social Security Administration's decision denying the applicant's request for disability insurance benefits and supplemental security income. The applicant points to 800 pages of new medical evidence as proof that the administrative law judge failed to develop the record, but at the hearing his attorney confirmed that the evidence was complete. The ALJ was not required to investigate a gap in the record when counsel said that the record was complete. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: December 21, 2023, Case #: 22-3084, Categories: Social Security
J. Blackwell partially grants the healthcare provider's motion to dismiss a class action alleging that it improperly linked patients' private health information and healthcare-related web activity to their Facebook profiles. Minnesota Health Records Act, invasion of privacy, breach of implied contract, unjust enrichment, negligence and Wiretap Act claims survive, as does one under the Minnesota Uniform Deceptive Trade Practices Act. Claims for breach of fiduciary duty and breach of confidence are dismissed, since the patients have not alleged that the healthcare provider was a fiduciary nor that Minnesota courts have recognized a common law "breach of confidence" claim of this kind.
Court: USDC Minnesota, Judge: Blackwell, Filed On: December 21, 2023, Case #: 0:23cv267, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Fiduciary Duty, Privacy, Class Action
J. Davies finds a lower court properly dismissed a civilian's motion for personal injury compensation. The civilian argued that he is entitled to relief after suffering injuries when he fell to the ground in a parking lot, which resulted in a head wound. However, the car park operator sufficiently showed in court that it does not have a license or any legal interest on the property.
Court: Her Majesty's Court of Appeal, Judge: Davies, Filed On: December 21, 2023, Case #: CA-2022-2048, Categories: Property, Damages, Negligence
J. Toro finds for the commissioner of internal revenue in an action brought after the whistleblower was denied an award because the record indicates the denial "does not reflect an abuse of discretion."
Court: U.S. Tax Court, Judge: Toro, Filed On: December 21, 2023, Case #: 2023-152, Categories: Tax, Whistleblowers
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Per curiam, the court of appeals denies the insurer's petition for a writ of mandamus, which seeks to compel the trial court to vacate its order denying its motion to dismiss for want of prosecution a suit involving its role as escrow agent for a $2 million loan. The lender brought claims of wrongful foreclosure, fraudulent transfer and conspiracy, saying the escrow agent permitted proceeds to be disbursed in contravention of the closing instructions and failed to timely record a deed of trust securing the lender's first-lien position. The trial court found the lender adequately explained the delay in its prosecution, though there is no record of the explanation. No abuse of discretion can be determined without this record.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: December 21, 2023, Case #: 09-23-00260-CV, Categories: Banking / Lending, Foreclosure, Contract
J. Rubin dismisses in favor of the employer for this lawsuit claiming a former employee was discriminated and retaliated against in violation of the Americans with Disabilities Act. The employee states that she was wrongfully terminated after she called out of work due to her back disability and a meeting was held regarding abuse of FMLA leave. Her complaint is barred by statute of limitations and the doctrine of res judicata because it was filed almost seven years after the termination. The employeeās motion to alter or amend judgment is denied due to judgment being entered.
Court: USDC Maryland, Judge: Rubin, Filed On: December 21, 2023, Case #: 1:23cv1195, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Retaliation
Per curiam, the court of appeals finds the trial court properly denied defendant's motion for acquittal on various sexually-based offenses. Testimony from the victims about his actions during sleepovers, including his rubbing of their butts and vaginas, satisfied all elements of the crimes. However, the trial court erroneously failed to merge two of defendant's gross sexual imposition charges as allied offenses because both charges stemmed from a single course of conduct related to a single victim. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Per curiam, Filed On: December 21, 2023, Case #: 2023-Ohio-4642, Categories: Evidence, Sentencing, Sex Offender
J. Flanagan rules in favor of a maritime services firm to place a lien on a vessel it salvaged at sea. The vessel, a powerboat, had been tender to a larger vessel when it capsized and the larger vessel abandoned it. The maritime services recovered and restored the boat at significant cost of over $263,000, and it will now be put up for public sale.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 21, 2023, Case #: 4:23cv130, NOS: Marine - Torts - Personal Injury, Categories: Admiralty, Maritime
J. Johnson answers a series of certified questions regarding an underlying dispute over the wage practices involved with paying civil immigration detainees. Under state law, detained workers at private detention facilities are considered "employees" and are subject to the state's minimum wage requirements. The state's government-institutions exemption does not apply to the work performed by those detainees, and equitable relief is not barred by a damages award issued to the class in the underlying case.
Court: Washington Supreme Court, Judge: Johnson, Filed On: December 21, 2023, Case #: 101786-3, Categories: Employment, Immigration
J. Oliver finds that administrative agencies were within their discretion and supported by evidence in firing a youth corrections counselor for using excessive force. The sanction was not entirely consistent with other agency actions, but the decision was fairly and rationally based on his use of an unapproved reverse-gooseneck hold on a detainee that resulted in a serious injury. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: December 21, 2023, Case #: 20220365-CA, Categories: Employment
J. Reynolds Fitzgerald finds that the lower court properly granted a father primary physical and sole legal custody of his child. The mother previously shared parenting time, but communications had broken beyond repair. Meanwhile, the best interests of the child were better served in the father's care. The mother was properly sentenced to a six-month suspended jail term for violating a court order by taking the child to Florida for a week. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: December 21, 2023, Case #: 535135, Categories: Family Law
J. Dorrian finds that while the victim gave defendant permission to use his car prior to the shooting, defendant's robbery conviction was supported by sufficient evidence. The victim clearly could not give consent to allow defendant to drive the car after he was shot and killed. Meanwhile, eyewitness testimony from the victim's stepdaughter that she saw defendant shoot the victim at point-blank range shortly after the two exited the vehicle was sufficient to support the aggravated murder conviction. Affirmed.
Court: Ohio Court Of Appeals, Judge: Dorrian, Filed On: December 21, 2023, Case #: 2023-Ohio-4671, Categories: Evidence, Murder, Robbery
J. Chambers grants in part the motions to dismiss by the City of Huntington, Cabell County Commission, Cabell County Emergency Medical Services, and Cabell County Sheriff Chuck Zerkle from a Huntington couple's suit brought as executors of their daughter's estate. The couple claimed first responders violated the daughter's civil rights when they refused to have her evaluated after expressing thoughts of suicide, which she acted on later that day. After finding the couple failed to provide any facts as to how any of the defendants violated her rights to due process, the City's motion is granted on the other counts of state constitutional violations, tort of outrage and reckless infliction of emotional distress, ordinary and/or professional negligence, and disability discrimination under both the West Virginia Human Rights and the American's with Disabilities acts since they owed the daughter no "special relationship." While dismissing the Commission and CCEMS from the state law and constitutional claims, the couple have provided enough plausible facts to demonstrate Zerkle's policy of not responding to mental hygiene calls on Sundays discriminates against those with mental Illnesses.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: December 21, 2023, Case #: 3:23cv13, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Government
Per curiam, the court of appeals finds the trial court properly found defendant's son competent to testify as a witness during his trial on charges stemming from the shooting of his wife. The court conducted a thorough colloquy with the child prior to his testimony that established he knew right from wrong and understood he was required to tell the truth, while defendant's attorney was also able to conduct a thorough cross-examination. Furthermore, sufficient evidence supports the conviction. Although it was undisputed the victim fired several shots before she was shot and killed, expert analysis of the wounds indicated she was shot at very close range at an angle that contradicted defendant's version of where she was located and disproved his claim of an imminent threat. Affirmed.
Court: Ohio Court Of Appeals, Judge: Per curiam, Filed On: December 21, 2023, Case #: 2023-Ohio-4643, Categories: Competence, Murder, Self Defense
J. Powers finds that the lower court improperly convicted defendant of criminally negligent homicide for striking a slowing car with his box truck and pushing it into the opposite travel lane to be hit by a pickup, resulting in a fatal skull fracture to the car's off-duty state trooper. Accident reconstruction experts agreed that the box-truck driver's inattentiveness caused the accident, but his failure to brake did not make him criminally liable. Reversed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: December 21, 2023, Case #: 113121, Categories: Negligent Homicide, Experts
J. Bryan grants Washington Gov. Jay Robert Insleeās motion to dismiss the healthcare workers' complaint that they were mandated to receive the Covid-19 vaccine. Inslee had a rational basis for the proclamation because the Covid-19 vaccine mandate lessened the possibility that the healthcare workers would become infected with the virus and pass it on to their patients. The healthcare workers do not sufficiently plead that they were denied some government benefit because the mandate was in effect.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: December 21, 2023, Case #: 3:23cv5741, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Health Care, Covid-19
J. Pritzker finds that the lower court properly convicted defendant of robbery and burglary. Defendant, who is Black, objected to the allegedly pretextual dismissal of a prospective Black juror for having pink hair, but the prosecution contends that, no matter the race, jurors with odd hair hues would be challenged as "completely nonconformist." Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: December 21, 2023, Case #: 112253, Categories: Jury, Robbery
J. Delaney finds that although defendant's vehicle did not move during the drug transaction, her convictions for drug trafficking were supported by sufficient evidence, including the large quantities of meth found in the vehicle, along with her admissions to police she had "done this several times" with the other individuals arrested after the transaction. Meanwhile, defendant's motion to suppress was properly denied because police had legitimate reasons to make their initial approach to her vehicle, including out-of-state license plates and a prolonged stop at the gas station, which was a known trafficking location. Affirmed.
Court: Ohio Court Of Appeals, Judge: Delaney, Filed On: December 21, 2023, Case #: 2023-Ohio-4691, Categories: Drug Offender, Evidence, Search
J. Trauger denies the air conditioning company's motion to compel arbitration but grants its motion for leave to amend its answer and assert a counterclaim in this negligence lawsuit stemming from the installation of an HVAC unit. The proposed amendment was not "unduly delayed," and the court does not see the possibility of prejudice. As to arbitration, there is a fact issue as to whether the customer had notice of the provision.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 21, 2023, Case #: 3:23cv642, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Arbitration, Civil Procedure, Negligence
J. Yu remands to the trial court an insurance lawsuit brought by two parents who say the insurance company denied their claim for long-term residential treatment for their child. After a series of dismissals and appeals, the insurance company prevails on the contract claims due to the state claims being based on former statutory language that doesn't apply. But the bad faith claims were improperly tossed for not producing evidence of "objective symptomatology," a requirement that does not apply to bad faith insurance disputes. Those claims are remanded for further proceedings. Affirmed in part.
Court: Washington Supreme Court, Judge: Yu, Filed On: December 21, 2023, Case #: 101561-5, Categories: Insurance
Per curiam, the appellate division finds that the lower court properly denied nonparty Schwartz, Goldstone, Campisi & Kates' motion for leave to intervene in the underlying personal injury action's compromise proceeding insofar as it addressed claims by nonparty the Flomenhaft Law Firm as to its attorney expenses to be deducted from the settlement. Prior orders in this case did not secure the moving law firm's right to participate in the court's consideration of attorney expenses at a compromise proceeding. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 21, 2023, Case #: 06599, Categories: Settlements, Tort, Attorney Fees