173 results for 'filedAt:"2024-02-15"'.
J. Dennis finds the district court properly granted the hardware company's motion to dismiss the breach of contract claim. The furniture designer licensed designs to the company, then discovered it was using artisan resources she had divulged after the company orally promised to not use them for anything other than the licensed designs. The oral agreement was an unenforceable agreement to agree, conditioned on the company's manufacture of unlicensed products with the artisans and both parties reaching a mutual agreement on compensation. The only detriment suffered by the designer was an opportunity to negotiate for future compensation. Affirmed.
Court: 5th Circuit, Judge: Dennis , Filed On: February 15, 2024, Case #: 22-30277, Categories: Licensing, Contract
J. Dennis finds the district court properly granted summary judgment to Raytheon on a former systems engineer's allegations of retaliation for his reporting of misrepresentations the company allegedly made involving the recalibration of a radar system. Certain case law bars review of claims implicating the merits of Raytheon's decision to revoke the engineer's security clearance, and the circuit lacks jurisdiction over those claims. The employee has not cited any specific facts he needed and was prevented from discovering that would create a dispute of material fact as to whether the action was materially adverse. Affirmed.
Court: 5th Circuit, Judge: Dennis , Filed On: February 15, 2024, Case #: 21-11060, Categories: Fraud, Government, Contract
J. Wood finds that the lower court properly convicted defendant of drug trafficking after police had a K9 search around his car during a traffic stop. The police officer did not unconstitutionally prolong the stop to conduct the dog sniff as he did not have to wait for a colleague to show up with the dog and already had a drug-sniffing dog with him. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: February 15, 2024, Case #: 22-2932, Categories: Drug Offender, Search
J. Velez-Rive vacates a default judgment granted to the employee against the employer. The employee has not proven that he properly served the employer, the employer has provided a satisfactory explanation for its failure to timely appear, and there are exceptional circumstances warranting setting aside the judgment. The employee has also not shown that vacating the judgment would prejudice him.
Court: USDC Puerto Rico, Judge: Velez-Rive, Filed On: February 15, 2024, Case #: 3:18cv1075, NOS: Employment - Civil Rights, Categories: Employment, Due Process
Per curiam, the appellate division finds that the lower court properly denied Con Edison's motion to dismiss a counterclaim for an accounting in a breach of contract action seeking money damages allegedly owed to Con Edison. The accounting was a reasonable request to determine the amount owed. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 15, 2024, Case #: 00800, Categories: Energy, Contract
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Per curiam, the appellate division finds that the lower court properly granted, in part, the inmate's application for pre-action disclosure seeking video recordings of the subject inmate attack at Rikers Island, and the identity of the prison staff members on duty on the date of the incident. The information is necessary for the inmate's potentially viable claims, especially given that the attack left the inmate with a brain injury that rendered him unable to communicate the details of the incident. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 15, 2024, Case #: 00823, Categories: Discovery, Prisoners' Rights
J. Roman grants the county's motion to dismiss due process and malicious prosecution claims filed by a prison guard who was accused of fraud after she applied for disability benefits based on a slip-and-fall on the job, but failed to disclose to the medical examiner that she regularly rode horses in local barrel racing competitions. The guard cannot show a special injury resulting from the county's pursuit of its fraud claims or that she was denied due process in any cognizable property interest.
Court: USDC Southern District of New York, Judge: Roman, Filed On: February 15, 2024, Case #: 7:19cv8931, NOS: Other Civil Rights - Civil Rights, Categories: Malicious Prosecution, Due Process
J. Jewell finds that defendant was properly given consecutive 15-year sentences after pleading guilty to two counts of intoxication manslaughter for an incident in which she killed two people in an auto accident after she had consumed alcohol. Defendant argued that the trial court erred by admitting her "post-Miranda statements" to officers that she made while being treated at a hospital because they implied a lack of remorse, but the record does not indicate the disputed evidence likely caused the jury to give her a harsher sentence. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: February 15, 2024, Case #: 14-22-00884-CR, Categories: Evidence, Dui, Manslaughter
J. Christopher finds that defendant was properly convicted of felony murder for an incident in which he stole a tow truck and pinned its driver between the tow truck and a repossessed vehicle, before running him over. There was sufficient evidence to support both elements of the offense, and this includes defendant admitting that he committed unauthorized use of a motor vehicle and witness testimony of the victim being pinned between the vehicles. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: February 15, 2024, Case #: 14-23-00126-CR, Categories: Evidence, Murder, Vehicle
J. Howard reverses the trial court's denial of a woman's petition to adopt her cousin. Contrary to the trial court's finding, custody of the child six months before an adoption becomes final is not a prerequisite to filing an adoption petition. Vacated.
Court: DC Court of Appeals, Judge: Howard, Filed On: February 15, 2024, Case #: 22-FS-0647 , Categories: Family Law, Guardianship
J. Golemon finds the trial court properly appointed the intervening foster parents as permanent managing conservators with the right to designate the child's primary residence after the child was removed from her mother's care when police found her locked in a bathroom and hallucinating. The trial court found that appointing the mother as a managing conservator would “significantly impair the child’s physical health or emotional well-being.” The record includes evidence of the mother's past and present misconduct, as well as that regarding the stability of the current placement. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: February 15, 2024, Case #: 09-23-00292-CV, Categories: Family Law, Guardianship
J. Baker finds the circuit court properly granted the department of correction's motion for summary judgment. The inmate, convicted in 1980 for capital murder and rape, sought a declaration he was eligible for parole and asked the court to compel parole. Parole eligibility is based on the number of times a defendant has been convicted for felonies. Because defendant committed attempted first-degree murder and first-degree battery while incarcerated, and after a cited statute had been enacted, he became ineligible for parole after committing the last of the four felonies. Affirmed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: February 15, 2024, Case #: CV-23-282, Categories: Evidence, Murder, Prisoners' Rights
J. Gibbons finds the district court properly denied the inmate's postconviction petition for a writ of habeas corpus without an evidentiary hearing. The inmate challenges the disciplinary panel's withdrawal of good time credit for his refusal to submit to handcuffs while being moved. The court's finding is supported by the officer's statements, and the inmate failed to allege facts showing he requested video evidence, or that it would contradict the statements. Affirmed.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: February 15, 2024, Case #: 86579-COA, Categories: Evidence, Prisoners' Rights
J. Richman finds the lower court erroneously dismissed the car renters' collision-related claims. The rental car company's decision to offer various additional insurance policies to the renters for additional payments rendered it an insurer under Colorado law and allows the renters to bring claims for underpayment of benefits following a collision caused by an uninsured motorist. Reversed.
Court: Colorado Court Of Appeals, Judge: Richman, Filed On: February 15, 2024, Case #: 2024COA15, Categories: Insurance, Contract
J. Locke rules on a series of motions filed in a product liability lawsuit for injuries stemming from the use of a retractable dog leash product sold on Amazon and at Petco retail stores. A woman alleges her middle and ring fingers were amputated after the cord on a Flexi New Classic leash wrapped around her hand while she was walking her golden retriever. The court preserves her claims for negligence, design defect and failure to warn, and also finds it has personal jurisdiction over the claims against the product’s distributor. The court further grants limited discovery to allow the litigant to establish jurisdiction over the product’s manufacturer, which is based in Germany.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: February 15, 2024, Case #: 2:22cv6608, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Jurisdiction
J. Forester finds the district court properly determined a woman’s supplement disclosures were not timely and delayed disclosures, that these deficiencies were not harmless, and that she failed to show good cause for the disclosure being delayed in this car collision suit. She had no good cause or evidence for the delayed disclosures for the discovery process. Affirmed.
Court: Utah Court Of Appeals, Judge: Forester, Filed On: February 15, 2024, Case #: 20220702-CA, Categories: Civil Procedure, Vehicle, Discovery
J. Garry finds that the lower court properly convicted defendant based on his guilty plea to attempted burglary. Defendant failed to preserve claims challenging the voluntariness of his plea and contending he received ineffective assistance, and he failed to seek to withdraw the plea. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: February 15, 2024, Case #: 112261, Categories: Ineffective Assistance, Plea
J. Ross dismisses a general contractor’s third-party complaint and counterclaims that seek to shift liability for claims under the Fair Labor Standards Act to a separate subcontractor, plus hold it liable for shoddy painting work and broken equipment. The general contractors’ counterclaim for fraud provides only conclusory allegations, and its negligent workmanship fails to meet the requirements as either a negligence or contract claim. The court further declines to grant its claim for implied indemnification or declare the subcontractor as the laborers’ employer.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: February 15, 2024, Case #: 1:22cv4356, NOS: Fair Labor Standards Act - Labor, Categories: Fraud, Negligence, Labor
J. Carnes finds that the district court properly granted the board's motion to dismiss the ex-employee's action under the Georgia Whistleblower Act and the anti-retaliation provision of the False Claims Act alleging that she was fired for reporting the university's misallocation of head start funds to an executive director. Congress did not abrogate sovereign immunity for lawsuits against states under the provision. The district court correctly found that the board is an arm of the state entitled to the same immunity the state would have from the ex-employee's claims. Affirmed.
Court: 11th Circuit, Judge: Carnes, Filed On: February 15, 2024, Case #: 21-14409, Categories: Immunity, False Claims, Whistleblowers
J. VanMeter finds that plaintiff, a victim of childhood sexual abuse, was allowed to file claims for the city's vicarious liability concerning abuse committed by her father, a police officer, because the 2021 amendment to KRS 413.249(7)(b) permitted claims to be filed five years beyond the statute of limitations.
Court: Kentucky Supreme Court, Judge: VanMeter, Filed On: February 15, 2024, Case #: 2022-SC-0308-DG, Categories: Civil Procedure, Negligence
J. Locke awards Toyota Lease Trust $232 in depreciation damages, plus $235,054 in attorney fees after it prevailed on its due process and unreasonable seizure claims against a Long Island village. Toyota tried to claim it was entitled to more than $3,000 in depreciation damages, but the court concludes the village is only liable for the loss in the car’s value from the time it was first impounded until its release, not when it was sold at auction a few months later.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: February 15, 2024, Case #: 2:20cv2207, NOS: Other Civil Rights - Civil Rights, Categories: Damages, Attorney Fees
J. Lynch finds that the workers' compensation board properly held in abeyance the issue of whether selling a firearm constituted "work" in deciding whether claimant made misrepresentations to receive benefits for a back injury. Benefits were suspended after claimant pleaded guilty to crimes including sale of a firearm and was sent to prison, and the board did not abuse its discretion in waiting for claimant to hold a hearing. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: February 15, 2024, Case #: CV-23-0111, Categories: Civil Procedure, Workers' Compensation