J. Byrne finds the trial court properly admitted statements made by the victims to a social worker about defendant's sexual abuse. All of the statements were made for the purposes of a medical diagnosis and treatment. Meanwhile, the testimony from the social worker, when combined with the victim's testimony, was sufficient to establish all elements of the rape offenses and for the jury to convict defendant. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: May 13, 2024, Case #: 2024-Ohio-1834, Categories: Evidence, Sex Offender
J. Kirsch finds for a company in claims contending a marketer had been fired for reporting racial discrimination and interference with family medical leave because she failed to rebut nondiscriminatory reasons for termination provided by the employer. Meanwhile, claims contending the employee had been wrongfully removed from the list of nominees for the president's award should be dismissed as time-barred, and evidence does not support claims that supervisors acted with racial animus. Finally, the record does not indicate the employee's discrimination complaints had any connection to employees who investigated her for compliance violations.
Court: USDC New Jersey, Judge: Kirsch , Filed On: May 13, 2024, Case #: 3:20cv4991, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Lindsay finds jurisdictional deficiencies in Walmart’s removal to federal court of a personal injury claim brought by a customer. The customer’s recovery of damages is listed as $250,000 or less, which includes the possibility of damages below the federal jurisdictional limit of $75,000. In consideration of the evidence that the customer presents, she is unlikely to recover damages in excess of the federal jurisdictional limit. The case is remanded to the state court.
Court: USDC Northern District of Texas , Judge: Lindsay, Filed On: May 13, 2024, Case #: 4:23cv2736, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Damages, Jurisdiction
J. Lindsay finds jurisdictional deficiencies in Walmart’s removal to federal court in a personal injury claim brought by a customer. The customer’s recovery of damages is listed as $250,000 or less, which includes the possibility of damages below the federal jurisdictional limit of $75,000. In consideration of the evidence that the customer presents she is unlikely to recover damages in excess of the federal jurisdictional limit. The case is remanded to the state court.
Court: USDC Northern District of Texas , Judge: Lindsay, Filed On: May 13, 2024, Case #: 3:23cv2736, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Damages, Premises Liability
J. Bolden grants the estate's motion for summary judgment, ruling the attorney's vexatious litigator and civil conspiracy claims are barred by the statute of limitations. He failed to file his complaint within three years of the estate's grievance against him, which was a single act and not an ongoing course of conduct that tolled the limitations clock.
Court: USDC Connecticut, Judge: Bolden, Filed On: May 11, 2024, Case #: 3:17cv958, NOS: Other Contract - Contract, Categories: Civil Procedure, Contract
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J. Cabret finds the superior court erred in its judgment in a dispute between a property owner and a former tenant over a land contract for the purchase of multiple plots on the owner's property. With its order for a judgment of $283,945 in favor of the property owner, the superior court improperly reduced the owner's damages based on the premise that she violated the parties' 2011 agreement, including by the manner in which she collected rent payments from a different tenant. The owner is entitled to collect the entirety of the debt the former tenant owes, so the portions of the superior court's judgment finding in the tenant's favor on his counterclaims is reversed and the matter is remanded to calculate the owner's total damages. Reversed in part.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: May 10, 2024, Case #: 2024 VI 22, Categories: Landlord Tenant, Property, Contract
J. Ashmann-Gerst finds that the trial court should have granted a nursing facility's motion to compel arbitration of a wrongful death claim filed by the parents of a dependent adult who died in its care. The arbitration agreement signed by their son plainly bound his heirs to arbitrating a wrongful death claim based on an allegation of professional negligence. Reversed.
Court: California Courts Of Appeal, Judge: Ashmann-Gerst, Filed On: May 10, 2024, Case #: B323237, Categories: Arbitration, Health Care, Wrongful Death
Per curiam, the Vermont Supreme Court finds the employment security board properly adopted a decision by an administrate law judge that this employment appeal was untimely filed. The employee alleges the pandemic, her health and a mailing delay were the reasons her appeal was past the 30 days allowed for filing. The court holds that her reasons do not qualify as valid ground to extend the appeal period. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-259, Categories: Administrative Law, Employment
J. Hull holds that an appeals board properly overturned an adminstrative court's denial of workers' compensation benefits for injuries a worker suffered in a traffic collision while off duty. His work at a temporary, remote firefighting camp made him a commercial traveler, exempt from the going and coming rule. He was traveling to find cell service during off hours, which was an activity for comfort or leisure that was incident to his employment. The employer contemplated workers would leave the camp in their personal vehicles and was a reasonably foreseeable consequence of being employed away from home.
Court: California Courts Of Appeal, Judge: Hull, Filed On: May 10, 2024, Case #: C098711, Categories: Workers' Compensation
J. Brailsford grants a city and mayor's motion for summary judgment regarding a former city public works director's First Amendment retaliation claim and state-law claim for violation of the Idaho Protection of Public Employees Act. The former director claims that the mayor asked him to resign after he backed a different candidate for mayor, then tried to get the city council to remove him from his position, excluded him from work, and removed some of his work responsibilities, leading the director to resign. The director has not presented sufficient evidence of retaliation. His communications advocating for a city administrator position, which would alter the mayor's job responsibilities, were not protected speech because they were spoken in his capacity as a public employee. The director does not assert that his work conditions were intolerable and has not provided evidence that he felt compelled to resign.
Court: USDC Idaho, Judge: Brailsford, Filed On: May 10, 2024, Case #: 4:22cv366, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation
[Consolidated.] J. Winkler finds that the lower court properly granted the insurers' motion for summary judgment and determined they were not required to indemnify Chiquita for lawsuits related to its funding of Colombian terrorist organizations. The intentional act of providing funds to the groups led to the deaths of the plaintiffs in the lawsuits and, therefore, cannot be considered accidents under the insurance policies. Affirmed.
Court: Ohio Court Of Appeals, Judge: Winkler, Filed On: May 10, 2024, Case #: 2024-Ohio-1775, Categories: Insurance, Tort, Contract
J. Stacy finds the trial court properly convicted defendant for murder, conspiracy to commit murder and improper disposal of human remains. An online dating profile led investigators to defendant after the victim was reported missing. Cell phone activity, including text messages and location pings clearly linked defendant, her accomplice and the victim. Other evidence, including surveillance-video-documented purchases of items used in the dismemberment and disposal of the victim's body also supports the convictions. Statements made by the accomplice involving getting sexual gratification from torture and killing were properly admitted as related to the furtherance of the conspiracy. Affirmed.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: May 10, 2024, Case #: S-21-980, Categories: Evidence, Murder, Mayhem
J. DuBose denies a group of residents’ motion for a preliminary injunction in the civil rights lawsuit against the town council members. The residents allege the town has been operating a “hand-me-down governance” system at least since the mid-1960s, where no regular municipal election for the mayor or council have been held. The council members held a secret meeting where they reappointed themselves in order to prevent the residents from electing a majority Black council. The residents are likely to succeed on the merits of their constitutional claim, which would satisfy the first prerequisite for the preliminary injunctive relief, but at this point of proceedings they have failed to show they will suffer an irreparable harm. The court scheduled a bench trial to further address the case.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: May 10, 2024, Case #: 2:23cv127, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Elections, Government
J. Cradle finds the Commissioner of Motor Vehicles properly found the towing company levied excessive charges against a customer and ordered it to pay restitution. It not only failed to abide by statutory hourly rates for emergency recovery services, but did not provide any explanation for certain charges and failed to keep adequate records. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: May 10, 2024, Case #: AC45605, Categories: Administrative Law, Evidence, Vehicle
J. Elgo finds the trial court properly granted the husband's motion for summary judgment on fraud and unjust enrichment claims. The wife's admission she knew her two children were not the husband's biological children was sufficient to prove the transfer of more than $187 million from the husband was coerced under false pretenses. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: May 10, 2024, Case #: AC45745, Categories: Evidence, Family Law, Fraud
J. Dorsey grants Citibank's motion to compel arbitration. Though the husband was an authorized user on his wife's account, he says it was improper for Citibank to report it because he was not required to pay the balance and, therefore, it should not impact his credit. The husband used the Sears credit card he was issued for a number of years, and when he attempted to purchase a home, he found his credit report contained “negative information." The husband's credit reporting claim is based in statute, not contract, and the arbitration agreement covers statutory claims. Citibank had the authority to report the account to credit agencies, and the arbitration agreement specifically states claims filed against it by authorized users are subject to arbitration.
Court: USDC Nevada, Judge: Dorsey , Filed On: May 10, 2024, Case #: 2:24cv222, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Arbitration, Banking / Lending
J. Huddle finds that the court of appeals improperly ruled against a doctor being sued by a woman who says the doctor failed to sterilize her, leading to an unwanted pregnancy. The state does not recognize the birth of a healthy child as an injury for which a parent can seek damages. Reversed.
Court: Texas Supreme Court, Judge: Huddle, Filed On: May 10, 2024, Case #: 22-0410, Categories: Damages, Negligence, Medical Malpractice
J. Boyd finds that the court of appeals improperly ruled in a trust case arising out of a suit filed by a brother against his sister, who allegedly unlawfully transferred funds from a family trust to herself and then to her two sons. After the probate court ruled the transfer void, the court of appeals vacated the case for lack of jurisdiction, citing that the sons are the appropriate parties of the case because they are now the owners of the stocks. On the issue of jurisdiction, the court of appeals incorrectly found that the probate court did not have the authority to rule on the case without the sons being included. Reversed.
Court: Texas Supreme Court, Judge: Boyd, Filed On: May 10, 2024, Case #: 22-0674, Categories: Civil Procedure, Trusts, Wills / Probate
Per curiam, the appellate division finds that the lower court properly granted the petition to place the candidate's name on the ballot for the primary election for the Democratic nomination for the office of Village Justice of the Village of Spring Valley. The designating petition contained 409 valid signatures, two more than required to place the candidate's name on the ballot. Incorrect addresses of two registered voters is not a fatal defect requiring the signatures to be voided. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 10, 2024, Case #: 02654, Categories: Administrative Law, Elections
J. Devine finds that the court of appeals improperly ruled in a wrongful death case filed by the family of a cyclist who was killed when a Houston police patrol car struck him as the officer was responding to a call. The officer's actions were done in the course of his duties and were done in good faith. Because the family failed to present evidence to refute those conclusions, the city is entitled to sovereign immunity and dismissal of the case. Revered.
Court: Texas Supreme Court, Judge: Devine, Filed On: May 10, 2024, Case #: 22-1074, Categories: Government, Immunity, Wrongful Death
J. Oden Johnson finds that the lower court properly dismissed defendant's postconviction motion challenging his murder conviction and sentence. Defendant was not prejudiced by a joint trial with his co-defendant, even if co-defendant was the one who wielded the gun during the crime. Further, defendant's 38-year sentence was not excessive, and would not qualify as a life sentence even if he had been a juvenile at the time of the crime. Affirmed.
Court: Illinois Appellate Court, Judge: Oden Johnson, Filed On: May 10, 2024, Case #: 221748, Categories: Murder, Sentencing
J. Cooper denies the elections watchdog group's motion to compel production of internal communications and documents regarding the Federal Elections Commission's deliberations on key votes in the watchdog's pursuit of a finding that a Political Action Committee failed to organize, register and report as required under the law. The commission has produced its administrative record, but this motion has been construed as a motion to complete or supplement that record. The commission has, however, shown that omitted documents are protected by the deliberative-process privilege.
Court: USDC District of Columbia, Judge: Cooper, Filed On: May 10, 2024, Case #: 1:22cv35, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Discovery, Privilege
J. Hightower finds that the lower court properly convicted defendant of aggravated sexual assault. The court properly denied defendant's motion for a mistrial following a witness’ testimony alluding to another offense because the challenged testimony was “brief and nonspecific.” Affirmed.
Court: Texas Courts of Appeals, Judge: Hightower , Filed On: May 10, 2024, Case #: 01-22-00454-CR, Categories: Sex Offender
J. Brown finds that the trial court properly denied Walmart's motion for a new trial after a jury found in favor of the shopper in a negligence action and awarded her $1 million in nominal damages. The shopper suffered injuries when two Walmart employees ran into her with a pallet jack. The damages award is not excessive. The jury awarded the shopper less than one-fifth of the damages she requested. The cross-examination of Walmart's expert neurologist by the shopper's attorney about a prior instance where the expert examined an individual who had been shot in the breast did not taint the jury's verdict. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 10, 2024, Case #: A24A0115, Categories: Damages, Negligence