98 results for 'filedAt:"2024-04-02"'.
J. Riedmann finds the district court properly convicted defendant for simultaneous firearm and drug possession. Drug task force officers discovered the items in defendant's apartment during a warranted search. Defendant sought to challenge the conviction on speedy trial grounds, though she has acknowledged the continuance time period was properly excluded. Her claims of ineffective assistance based on her counsel's having caused that error are without merit. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: April 2, 2024, Case #: A-23-475, Categories: Drug Offender, Firearms, Speedy Trial
J. Pechman dismisses the internet security company's complaint that Microsoft wrongfully used compromised account credential data to check against any login credentials entered into any website, brands and domains even if it it didn't belong to Microsoft. The contract does not have any limitations on how Microsoft could use the data, and the internet security company does not explain what Microsoft Edge web browser and active directory federation service did and how it violated the contract.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: April 2, 2024, Case #: 2:23cv899, NOS: Other Contract - Contract, Categories: Contract
J. Martin finds that the lower court properly dismissed the deputy's claims seeking judicial review of his termination, but improperly dismissed his discrimination and retaliation claims under the Missouri Human Rights Act. The deputy believed he was white until he took a private genetic test, discovering that he had substantial African American ancestry. He adequately alleges that thirty days after disclosing that he was Black to the sheriff, the deputy was suspended for abuse of authority, incompetence, and offensive conduct -- the same conduct that was tolerated when he was believed to be white. Reversed in part.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: April 2, 2024, Case #: WD86414, Categories: Employment Discrimination, Employment Retaliation
J. Dysart finds that the trial court properly determined that a store was not vicariously liable for an employee's actions in an altercation with a customer. In this case, the customer and the employee knew each other because the customer was the current husband of the employee's ex-wife. The surveillance video shows that both parties were willing participants in the fight, with the customer shoving the employee and the employee hitting the customer with bolt cutters. The evidence shows that the altercation was not rooted in the employee's employment and was personal in nature. Further, given the actions of the parties, the jury properly determined that the customer was 35 percent at fault and the employee was 65 percent at fault. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: April 2, 2024, Case #: 2023-CA-0482, Categories: Employment, Contract
J. Dysart finds that the district court should not have found for a hotel on a patron's slip and fall claim. In this case, there are genuine issues of material fact as to whether the mat the patron was walking on at the time of the accident was defective. A valet testified that there was a problem with the mat at the entrance and that he had discussed the mat with a hotel employee on a previous occasion. Reversed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: April 2, 2024, Case #: 2023-CA-0589, Categories: Evidence, Negligence
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J. Sykes finds that the lower court properly convicted defendant of running a heroin-distribution ring inside an Indiana prison and sentenced him as a career offender based on two prior convictions for cocaine distribution. The sentencing commission has the authority to interpret the career offender guidelines to include conspiracy under the definition of "controlled substance offense." Affirmed.
Court: 7th Circuit, Judge: Sykes, Filed On: April 2, 2024, Case #: 22-2014, Categories: Sentencing, Conspiracy
Per curiam, the appellate division finds that the lower court improperly denied the city's motion to dismiss a suit stemming from a car accident involving a police vehicle. The officer was responding to a radio call about a man with a gun when he hit the driver's car, qualifying as an "emergency operation," and cannot be held liable because he was not operating his vehicle in reckless disregard for the safety of others. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 2, 2024, Case #: 01785, Categories: Vehicle
J. Feuer finds that the trial court improperly dismissed a complaint alleging embezzlement, as it lost jurisdiction after granting a business partner and associates' motion to compel arbitration. The party seeking dismissal of the case for lack of prosecution must pursue the remedy in arbitration. Also, where a party seeks the dismissal for lack of prosecution of a case that is subject to arbitration, the party may have to initiate arbitration in order to achieve relief. Reversed.
Court: California Courts Of Appeal, Judge: Feuer, Filed On: April 2, 2024, Case #: B330387, Categories: Arbitration, Remedies, Jurisdiction
J. Doss finds that the lower court properly terminated the mother's parental rights to the child. The mother argues that her constitutional rights were violated when certain drug test results were admitted via a business record affidavit "without a sponsoring expert witness." However, the Sixth Amendment right to confrontation pertains to criminal prosecutions, and the mother's termination case is civil in nature. Additionally the exhibits are cumulative of other evidence regarding her alleged drug use. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: April 2, 2024, Case #: 07-23-00386-CV, Categories: Constitution, Evidence, Family Law
J. Horton finds that the lower court improperly interpreted a will left by the appellants' late father. The probate court erred in ruling that "the will includes an ambiguous devise of land" as to one of the children and that the share that would have passed to her "instead falls into the estate residue and passes to the residuary devisees." The court rules that there is no reason for the alleged ambiguity "to defeat the entire devise." Vacated.
Court: Maine Supreme Court, Judge: Horton, Filed On: April 2, 2024, Case #: 2024ME23, Categories: Real Estate, Wills / Probate
[Consolidated.] J. Pan grants, in part, two Chinese companies' petitions for review of the Federal Communications Commission's order banning the companies' video surveillance equipment for certain uses in the U.S., including surveillance of critical infrastructure. Although the ban is upheld, the order is remanded to the commission so it can define "critical infrastructure" to comport with the National Defense Authorization Act.
Court: DC Circuit, Judge: Pan, Filed On: April 2, 2024, Case #: 23-1032 , Categories: Commerce, Communications
J. Christopher finds that the trial court properly denied the law firm's dismissal motion under the Texas Citizens Participation Act in the former client's legal malpractice suit over the alleged failure to protect its lien rights for an electrical substation project. The firm did not show the allegations in the suit involve the exercise of the right to petition, so the TCPA does not apply. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: April 2, 2024, Case #: 14-22-00741-CV, Categories: Anti-slapp, Legal Malpractice
J. Spraker reverses, in part, the bankruptcy court's dismissal of an attorney's claims the California State Bar's efforts to collect discovery sanctions and disciplinary costs violated a stay. Although the debts were non-dischargeable when her case converted to chapter 7, an automatic stay prevented it from pursuing the costs during the pendency of her case. Reversed in part.
Court: 9th Circuit, Judge: Spraker, Filed On: April 2, 2024, Case #: CC-23-1024-SFL, Categories: Bankruptcy
J. finds the district court properly dismissed this suit alleging the board of education underfunded certain schools. The repayment audit was not performed by a state-approved auditor, and the school districts' filings raised an issue of standing. The school districts failed to establish they commenced their action before the lapse of state aid appropriations from which they sought additional funds. The school districts did not show funds they sought are based on appropriations that have not lapsed. Affirmed.
Court: Oklahoma Supreme Court, Judge: Winchester , Filed On: April 2, 2024, Case #: 121581 , Categories: Administrative Law, Education, Municipal Law
[Consolidated.] J. Conrad partially grants a medical supply company’s motion to compel following allegations of fraud it brought against two people affiliated with a wholesaler with whom the company did business. The company claims these two individuals stole at least $200 million from the wholesale business so that it could not pay the company for services rendered. The people’s accountant claims that the motion to compel was not served properly and that the subpoena was not valid. However, he fails to show sufficient evidence of these claims and, thus, must provide some of the paperwork requested.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: April 2, 2024, Case #: 3:21cv501, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Fraud, Accounting Malpractice, Contract
J. Welch finds the trial court properly modified the custody order granting the father more parenting time. The court properly found the mother interfered with the father and child's relationship, which constituted a change in circumstances affecting the child's best interests. However, the court improperly required the mother to provide support while denying her benefit without showing the source is her own income. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: April 2, 2024, Case #: A-23-311, Categories: Family Law, Due Process, Guardianship
J. Prata finds that the trial court properly granted plaintiff declaratory and injunctive relief in claims contending a neighbor violated a restrictive covenant by permitting the unbridled growth of his landscaping, and properly dismissed the laches defense since defendant did not explain why plaintiff's proffered reasons for delaying litigation would be erroneous. Affirmed.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: April 2, 2024, Case #: 23-74, Categories: Civil Procedure, Property, Negligence
J. Abele finds defendant's decision to leave loaded weapons in an unlocked gun cabinet was undoubtedly a contributing factor in the death of the victim in an accidental shooting during a sleepover and, therefore, satisfied the necessary elements for the jury to convict him of involuntary manslaughter. Although defendant may not have intended his children or the victim to retrieve the guns, it was not out of the "realm of possibility" or an unforeseeable consequence of his decision to leave the cabinet unlocked. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 2, 2024, Case #: 2024-Ohio-1330, Categories: Evidence, Manslaughter, Child Victims
[Consolidated.] J. Abele finds the trial court properly granted permanent custody of the children to family services. Although the parents have a bond with their children and clearly love them, they failed to remedy substance abuse issues and continued to test positive for controlled substances after the children were first removed from their custody. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 2, 2024, Case #: 2024-Ohio-1332, Categories: Evidence, Family Law
J. Thomson finds that the lower court properly upheld the zoning board's decision to grant the company a special use permit for the construction of a self-storage facility. The law does not require the board to deny a special use permit if the minimum infrastructure requirements are not met. Rather, it has the discretionary authority to grant the permit regardless of whether all infrastructure requirements are adequately in place.
Court: Missouri Court Of Appeals, Judge: Thomson, Filed On: April 2, 2024, Case #: WD86182, Categories: Zoning