114 results for 'filedAt:"2023-10-24"'.
J. Howse finds that the lower court improperly ruled that the insurer could not sue a subcontractor for water damage to a new building as a subrogee for the building owner. While the policy was issued to the general contractor, the building owner is listed as an additional named insured and the policy expressly extends the right to subrogate for all insured parties. Reversed.
Court: Illinois Appellate Court, Judge: Howse, Filed On: October 24, 2023, Case #: 230147, Categories: Insurance, Contract
J. Eagan denies the plaintiff company's motion for reconsideration of a partial summary judgment in this case "concerning the design, manufacture, and distribution of a part for the AR-15 rifle known as the lower receiver." The plaintiff company seeks reconsideration of a ruling that the designs of certain receivers were not trade secrets. However, the court concludes that there is no basis for reconsidering its prior ruling.
Court: USDC Northern District of Oklahoma , Judge: Eagan, Filed On: October 24, 2023, Case #: 4:20cv341, NOS: Contract Product Liability - Contract, Categories: Civil Procedure, Trade Secrets
Per curiam, the appellate division finds that the lower court improperly dismissed the landlord's complaint, as the tenant's guaranty remained effective through November 2014 and two lease renewals did not allow for changes in the lease's terms. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 24, 2023, Case #: 04582, Categories: Landlord Tenant
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J. Pinson finds that the trial court properly convicted defendant of murder. Defendant's conviction arose from her partner's developmentally disabled sister's death due to heroin toxicity after defendant spilled heroin in their house. Sufficient evidence was presented to support defendant's conviction, including evidence that it was foreseeable to defendant that keeping a large amount of heroin in a house where a vulnerable person lived and doing drug deals in an area that person could access could lead to that person being fatally exposed to the drug. Defendant's possession of heroin with intent to distribute therefore created a foreseeable risk of death. The trial court correctly instructed the jury and any error the trial court committed in admitting the victim's hearsay statement alleging that defendant was "mean" to her was harmless. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: October 24, 2023, Case #: S23A0519, Categories: Murder
J. Broderick denies the bitcoin miner's motion to dismiss claims that it failed to honor its contract with a customer who purchased $50,000 worth of cloud mining services or to compensate her with bitcoins as promised. The consumer may pursue claims against the individual defendants on a veil-piercing theory based on allegations that they siphoned funds and Bitcoins from their company to keep it undercapitalized, resulting in its current insolvency.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: October 24, 2023, Case #: 1:21cv7792, NOS: Other Contract - Contract, Categories: Corporations, Contract
J. Warren finds that the trial court properly convicted defendant of murder. Defendant failed to show that he was prejudiced by his trial counsel's failure to introduce evidence that the victim had a violent character. Defendant also failed to show that his trial counsel was deficient for failing to request a jury instruction on accomplice corroboration. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: October 24, 2023, Case #: S23A0443, Categories: Ineffective Assistance, Murder
J. Immergut denies the father's petition alleging that the mother wrongfully took their 5-year-old and 3-year-old children from Scotland to Oregon in June 2022 in violation of the Hague Convention on the Civil Aspects of International Child Abduction. The children have no meaningful relationship with the father or his family, and the father is being held indefinitely in a psychiatric health facility for killing his own mother.
Court: USDC Oregon, Judge: Immergut, Filed On: October 24, 2023, Case #: 3:23cv850, NOS: Other Statutory Actions - Other Suits, Categories: Family Law
J. Kennedy finds that the lower court properly dismissed defendant's post-conviction petition alleging ineffective assistance of counsel. Even if defendant were entitled to a less-included offense instruction on theft, he has not shown a reasonable probability that he would have been found guilty of theft rather than armed robbery had the jury been differently instructed. Affirmed.
Court: Illinois Appellate Court, Judge: Kennedy, Filed On: October 24, 2023, Case #: 220153, Categories: Ineffective Assistance, Theft, Jury Instructions
J. Belsome finds that the trial court properly granted past and future medical costs and pain and suffering damages to a daughter arising out of alleged sexual abuse by her father. Although touching genitals or buttocks “over the clothes” was not defined as “abuse” in the sexual abuse statute at the time the abuse occurred, a similar case determined, "the fact that defendant touched the victims through their clothes is not a defense to the crime of sexual battery." Further, the trial court properly based its award on the evidence and testimony. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: October 24, 2023, Case #: 2023-CA-0051, Categories: Civil Procedure, Damages
J. Nowell finds that the lower court properly ruled in favor of the surgeon following a jury trial in this negligence lawsuit alleging that a surgical sponge was left inside the patient. The evidence sufficiently supported the jury's finding that the surgeon was not negligent. The record indicates that the surgeon was told that the sponges were all accounted for. Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: October 24, 2023, Case #: 05-22-00813-CV, Categories: Negligence, Medical Malpractice
J. Tostrud largely denies the insurer's motions for summary judgment in its suit seeking a judgment that it is not obligated to defend the insured order of Catholic priests against claims that one of their members sexually abused children, and grants the order's motions to join some of those children's responses to the insurer's motions for summary judgment. While two alleged abuse victims are not entitled to coverage under the insurer's policies since they did not suffer a "bodily injury" required to trigger coverage, two others did suffer such injuries and therefore coverage is not precluded. A reasonable juror also could find that the order did not know that the priest was likely to engage in abusive behavior prior to the incidents potentially covered by the policy.
Court: USDC Minnesota, Judge: Tostrud, Filed On: October 24, 2023, Case #: 0:20cv2261, NOS: Insurance - Contract, Categories: Insurance, Tort
J. Richard Nelson grants the employer's motion for summary judgment in the employee's suit alleging that she was demoted from a management position for her opposition to Black Lives Matter and critical race theory. The employee has not shown that her termination was motivated by her race as a Filipina woman, and her emails concerning the "political bent" of work events and her feelings that she had been portrayed as racist were not protected activity since she has not identified any employment practice being objected to. She has also not pleaded a connection between her objections, either personally or on Facebook, and adverse actions.
Court: USDC Minnesota, Judge: Richard Nelson, Filed On: October 24, 2023, Case #: 0:22cv352, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Clement finds the district court improperly granted summary judgment to the Army as to the septuagenarian civilian doctor’s retaliation claims after he resigned during an investigation into his removal and replacement by a younger doctor as chief of surgery. The doctor has established a case for retaliation by alleging he was removed, had clinical privileges placed in abeyance, was reassigned to report to a younger supervisor and had his career threatened if he refused to resign. He has raised a genuine dispute of material fact as to whether he was subject to constructive discharge. The Army has demonstrated a legitimate, nondiscriminatory and non-pretextual reason for removing the doctor, and summary judgment is proper as the discrimination claims. Affirmed in part. Reversed in part and remanded.
Court: 5th Circuit, Judge: Clement, Filed On: October 24, 2023, Case #: 22-30756, Categories: Employment Discrimination, Military, Employment Retaliation
J. Murray finds that the lower court properly sentenced defendant, who objects to all physical evidence found during a warrantless search conducted prior to his arrest, for carrying a firearm without a license and public drunkenness. Police searched defendant’s person, bag and vehicle prior to his arrest so that defendant could be quickly transported by ambulance to the hospital for treatment due to his heavy intoxication. Affirmed.
Court: Pennsylvania Superior Court, Judge: Murray, Filed On: October 24, 2023, Case #: J-S34036-23, Categories: Criminal Procedure, Firearms, Search
J. Moore finds the trial court properly terminated the mother’s parental rights to her two-year-old daughter. The daughter was born prematurely in the neonatal intensive care unit and her urine tested positive for meth. The father cannot be located. The mother’s actions have indicated substance use, and she has a history of convictions for possession and driving under the influence, all of which place the child at risk of harm. Clear and convincing evidence supports termination. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: October 24, 2023, Case #: A-23-355, Categories: Evidence, Family Law, Guardianship
J. Pirtle finds the county court properly terminated the father’s parental rights to his children. The father is an alcoholic who has been rough with the children and has abused the mother in their presence. He was arrested for leading police on a high-speed chase with the children in the car, after having smoked meth. He also killed the mother in the presence of the children by running her over with a car, fled the state while leaving the children alone, and has made no progress with rehabilitation programs. All evidence supports termination. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: October 24, 2023, Case #: A-23-297, Categories: Evidence, Family Law, Guardianship
J. Rickman finds that the trial court properly convicted defendant of cruelty to children. Sufficient evidence was presented to support defendant's convictions, including evidence that the seven-week-old victim had numerous skeletal fractures and other injuries and that defendant failed to seek medical care for the victim. Five of the counts against defendant arose from injuries suffered by the victim which occurred as distinct acts separated by deliberate intervals. However, three of the counts arose from injuries which may have occurred at the same time as other injuries. Those counts therefore should have merged for sentencing. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: October 24, 2023, Case #: A23A0791, Categories: Child Victims
J. Hodges finds that the trial court improperly granted a writ of mandamus ordering the city manager to issue a favorable sewer availability letter to the developer. The ordinances at issue do not require the city manager to grant a favorable sewer availability letter, therefore the developer had no clear legal right to the relief it sought. The city manager did not grossly abuse her discretion by denying the developer's request for an availability letter. Reversed.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: October 24, 2023, Case #: A23A0860, Categories: Municipal Law