194 results for 'filedAt:"2024-01-31"'.
Per curiam, the appeals court finds that the circuit court properly dismissed claims by parents saying their children’s constitutional rights were violated at their high school due to inadequate facilities. The parents’ argument that the government should allocate more funding to the high school is a political question, not a legal one that the court has jurisdiction over due to separation of powers. Affirmed.
Court: Hawai'i Court Of Appeals, Judge: Per curiam, Filed On: January 31, 2024, Case #: CAAP-17-79, Categories: Education, Government
J. Johnson grants, in part, the New Mexico Republican Party's motion for attorney fees, ruling that while its successes on the merits of its lawsuit entitles it to an award of fees, the requested amount includes duplicative billing and non-compensable clerical work that must be removed; therefore, the law firm will be awarded more than $472,000 in fees.
Court: USDC New Mexico, Judge: Johnson, Filed On: January 31, 2024, Case #: 1:11cv900, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Elections, Attorney Fees
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J. Niemeyer finds the lower court improperly abstained from ruling on the federal constitutional claims. Two landowners sought to challenge a new West Virginia law that authorized the combining of separately owned mineral tracts to form a single operating unit overlapping all or part of a common source of oil or gas, claiming the statute constitutes a taking of their property and deprives them of property without due process of law, in violation of the Fifth and Fourteenth Amendments. The lower court abstained, claiming the case would be better litigated in state courts. According to the lower court, the West Virginia constitutional provision is not ‘broad and sweeping’ but is directly pertinent to the issues presented in this case. The lower court did not identify the West Virginia constitutional provision that it had in mind, nor did it identify any state law issue on which the commission’s motion to dismiss the federal constitutional claims would turn. Reversed.
Court: 4th Circuit, Judge: Niemeyer, Filed On: January 31, 2024, Case #: 22-2271, Categories: Energy, Property, Real Estate
J. Knapp denies, in part, the insurer's motion to dismiss, ruling that while there are discrepancies between the property owner's representations and several sworn statements about the value of possessions destroyed by a fire in the home, the insurer has failed to establish whether the owner intentionally misled investigators, and such an issue of fact allows the contract claim to proceed.
Court: USDC Northern District of Ohio, Judge: Knepp, Filed On: January 31, 2024, Case #: 3:22cv1187, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Robart grants the aircraft manufacturer's motion to seal its Dec. 29, 2023 letter to the court in its lawsuit accusing Boeing of infringing on the aircraft manufacturer's hybrid-electric and electric aircraft technology. Boeing does not oppose this motion, which the aircraft manufacturer puts forth because its interrogatory responses "in part reflect Zunum’s confidential and proprietary business information and may reflect information Zunum learned from documents that Boeing produced in this litigation and designated confidential."
Court: USDC Western District of Washington, Judge: Robart, Filed On: January 31, 2024, Case #: 2:21cv896, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Joyce finds the juvenile court properly terminated a father’s parental rights to two children. The high-needs children "need permanency after being in temporary care for four years.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: January 31, 2024, Case #: A181752, Categories: Family Law
J. Stanfill finds that the lower court improperly set aside a partial settlement agreement in this partition case dividing certain real property. The court concludes that the settlement agreement at issue "was valid and enforceable." Accordingly, the matter is remanded "to determine the meaning of the agreement and partition the property accordingly." Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: January 31, 2024, Case #: 2024ME14, Categories: Civil Procedure, Real Estate
J. Soto finds a lower court did not err in entering an order of deferred adjudication in an assault case. Defendant appealed, arguing she had not in fact waived her right to a jury trial, but while the record does not include a written waiver of her jury rights, there was nonetheless evidence that defendant “knowingly and intelligently” waived a jury trial, including in a recitation and in an email exchange between her defense attorney and a prosecutor. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: January 31, 2024, Case #: 08-22-00161-CR, Categories: Jury, Probation, Due Process
J. Lin declines to dismiss the British Isles publisher's complaint that the U.S.-based software company sold copies of the publisher's copyright-protected works, including "Fundamentals of Catholic Dogma" by Dr. Patrick Lynch originally published in 1955, and a revised English-language edition produced and published by the publisher in 2018. The publisher alleges sufficient facts to state a plausible infringement claim on the Lynch translation because in 1996, per the Uruguay Round Agreements Act and Irish copyright law, the U.S. copyright for the Lynch translation automatically went to Dr. Lynch and not Mercier Press as the software company argues.
Court: USDC Western District of Washington, Judge: Lin, Filed On: January 31, 2024, Case #: 2:22cv1635, NOS: Copyrights - Property Rights, Categories: Copyright, International Law
[Consolidated.] J. Stinson denies the government's motion for reconsideration of a previous decision granting partial summary judgment to the contractor. The contractor's alleged failure to submit auditable final indirect cost rate proposals on its time and material contracts did not give the government a basis to assess a decrement on the contractor's costs for direct labor, which were determined by contractually mandated hourly labor rates. Although it may have a right of recoupment based upon other provisions, the cited regulation does not provide the government that authority in the context of these appeals.
Court: Armed Services Board Of Contract Appeals, Judge: Stinson , Filed On: January 31, 2024, Case #: 62413, Categories: Government, Contract, Labor
J. Shorr finds the Board of Parole and Post-Prison Supervision properly accounted for sex-offense-free time in the community in setting defendant’s risk level. Defendant "has failed to develop his argument that the board, upon adopting an actuarial instrument, was prohibited from deviating from that instrument.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: January 31, 2024, Case #: A179828, Categories: Parole, Sex Offender
J. Bryan grants the insurance company summary judgment on its complaint that it has no duty to defend or indemnify the insureds in underlying lawsuits claiming that one of the insureds raped minors. Several policy exclusions apply, including intentional bodily injury, which includes the alleged intentional sexual abuse of minor children.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: January 31, 2024, Case #: 3:23cv5461, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Contract
J. Scales finds the probate court properly denied the beneficiary's attempt to have a document she presented be accepted as a lost will, as the probate court correctly held that a previous appellate court ruling in the beneficiary's dispute with the estate precluded the successive attempt to probate the document. Affirmed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: January 31, 2024, Case #: 23-0054, Categories: Wills / Probate
J. Morris finds that the trial court improperly suppressed statements defendant made during a church meeting on grounds of clergy-penitent privilege in defendant's trial for lewd and lascivious molestation of a child between the ages of 12 and 16. Reversed.
Court: Florida Courts Of Appeal, Judge: Morris, Filed On: January 31, 2024, Case #: 2D22-3707, Categories: Evidence, Sex Offender
J. Wright denies a motion for class certification in the nonprofit and the once-homeless individuals' suit against various government entities alleging that police sweeps of encampments of the homeless in Minneapolis parks have violated their civil rights. While the plaintiffs are no longer homeless, the transitory nature of homelessness qualifies them for an exception to typical standing requirements. They have not, however, successfully demonstrated that the proposed class is sufficiently numerous for class certification, nor identified predominantly common questions that would be more efficiently resolved in a class action. They have demonstrated that they would be adequate representatives of the proposed class, but not that their experience is typical of homeless people in Minneapolis. The need for tailored relief based on the circumstances of the various encampments would also prevent them from obtaining relief to the entire class through a single injunction.
Court: USDC Minnesota, Judge: Wright, Filed On: January 31, 2024, Case #: 0:20cv2189, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Housing, Class Action
J. Wood finds that four Iranian nationals who wish to join their family members who have U.S. citizenship cannot appeal the government's denial of their visa applications. The doctrine of consular nonreviewability precludes judicial review of this action pursuant to Supreme Court precedent and Congress has unambiguously said that exemption determinations are to be left to the Executive's "sole unreviewable discretion." Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: January 31, 2024, Case #: 23-1392, Categories: Administrative Law, Civil Procedure, Agency
Per curiam, the appellate division finds that the lower court properly designated defendant a level two sex offender. His low score on a risk assessment instrument does not, by itself, qualify him for a downward departure from his presumptive risk level designation. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 31, 2024, Case #: 00440, Categories: Sex Offender
J. Herndon finds the trial court properly granted summary judgment to the wife of the gambling strategies publisher. The casino systems manufacturer accused the publisher of redirecting funds through his wife as part of its complex claims including RICO, conspiracy, conversion, and unjust enrichment brought against several entities and individuals. The manufacturer's evidence is insufficient to raise an issue of genuine material fact the wife was engaged in civil conspiracy unrelated to a kickback scheme. Affirmed in part.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: January 31, 2024, Case #: 85618, Categories: Fraud, Conversion, Racketeering
Per curiam, the appellate division finds that the lower court properly denied the residential co-op members' motion for a preliminary injunction seeking to stay a holdover proceeding. The members failed to show they are likely to succeed on the merits. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 31, 2024, Case #: 00405, Categories: Property
J. Van Tine finds that the lower court properly found for the bar and dismissed a tort suit filed by the family of an employee who died after falling while drunk at work and sustaining a head injury. The Dramshop Act provides the exclusive remedy for causes of action stemming from the provision of alcohol, so the family may not pursue common-law causes of action. Affirmed.
Court: Illinois Appellate Court, Judge: Van Tine, Filed On: January 31, 2024, Case #: 231424, Categories: Tort, Wrongful Death
J. Hoyle finds the trial court improperly denied the farm equipment owner's request for a new trial. The business partner alleged the owner breached the contract for co-ownership of the equipment and was granted default judgment due to the owner's failure to file an answer. The owner's motion for a new trial was denied, in part, due to his providing no new evidence. However, the owner's excuse for not filing an answer reasonably explains his mistaken belief he was not required to file because the case would be on hold while settlement negotiations were pending. Reversed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: January 31, 2024, Case #: 12-23-00069-CV, Categories: Agriculture, Business Expectancy, Contract