136 results for 'filedAt:"2024-01-18"'.
Per curiam, the appellate division finds that the lower court improperly dismissed a trip and fall suit against the city. The pedestrian showed that the city affirmatively created the dangerous condition in the roadway by installing a bollard holder in the middle of the street, inches from a busy pedestrian crosswalk, that is raised about four inches from the road. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 18, 2024, Case #: 00222, Categories: Tort
J. Hassan finds that the trial court properly ruled in favor of the state agencies in a deer breeder's suit challenging their actions in attempting to halt the spread of chronic wasting disease in white-tailed deer. The breeder is not entitled to mandamus relief since its argument does not show the agency's executive director "failed to perform a ministerial act." Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: January 18, 2024, Case #: 14-23-00242-CV, Categories: Administrative Law, Agriculture, Jurisdiction
J. Blake vacates the disbursement of a surety bond meant to cover the attorney’s fees and costs of a real estate developer and an appeal board being sued by a man who opposed the developer being granted variances to construct an addition to a residential building. Prevailing in the first appeal does not automatically entitle the developer to disbursement of the bond.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: January 18, 2024, Case #: 22-P-974, Categories: Real Estate, Zoning, Attorney Fees
J. Griffis finds the lower court properly convicted defendant of two counts of the sale of less than two grams of cocaine, which occurred during controlled buys using a confidential informant. Due to defendant’s prior felony convictions, he was sentenced to life as a habitual offender. Defendant argues his indictment is defective because it did not include the length of time he served for his prior felony convictions, but he failed to object to the indictments in the trial court so the matter cannot be considered on appeal. All other claims are without merit. Affirmed.
Court: Mississippi Supreme Court, Judge: Griffis, Filed On: January 18, 2024, Case #: 2022-KA-00859-SCT , Categories: Drug Offender, Sentencing
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J. Chamberlin finds the lower court properly convicted defendant on two counts of first-degree murder for a drive-by shooting that killed a man and a woman in their vehicle. Defendant was sentenced to life in prison for the murders with an additional five years for each count for a firearm enhancement. The instant court finds the firearm enhancement was improperly applied because a greater minimum sentence is already applied with the life sentence for murder. Portions of the sentencing related to the firearm enhancement should be vacated, but no error was found in any other aspects of sentencing. Reversed in part.
Court: Mississippi Supreme Court, Judge: Chamberlin, Filed On: January 18, 2024, Case #: 2022-KA-00696-SCT, Categories: Firearms, Murder, Sentencing
[Combined.] J. Pritzker finds that the lower court improperly declined to vacate defendant's conviction on his guilty plea to drug possession. Counsel failed to apprise defendant that the plea would make deportation to his native Haiti mandatory because the offense was an aggravated felony, creating hardship for him after two decades in the U.S. with work as a self-employed mechanic and as a parent of triplets. Reversed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: January 18, 2024, Case #: 113077, Categories: Immigration, Ineffective Assistance, Plea
J. Barnes finds that the trial court improperly revived a $65,000 dormant judgment entered against an individual. The individual was not properly served with a copy of the scire facias to revive the judgment because he was served by a private process server rather than by a county sheriff as required by the statute. Reversed.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: January 18, 2024, Case #: A23A1379, Categories: Enforcement Of Judgments
J. Evenson finds that the trial court improperly tossed an unfair competition claim by residential tenants who received three-day termination notices instead of 30-day notices as required by the federally subsidized housing program they were in. Though the tenants remained in their homes for more than 30 days after receiving the notices, the defective notices deprived them of property rights and put them in legal jeopardy, which was sufficient to support unfair competition claims. Reversed in part.
Court: California Courts Of Appeal, Judge: Evenson, Filed On: January 18, 2024, Case #: B322619, Categories: Landlord Tenant, Unfair Competition
J. Pena finds the trial court properly entering a declaratory judgment that a stepdaughter was not responsible for anything but one half of the insurance premiums regarding a jointly owned property. “The trial judge is not constrained to enter judgment only in a form specified by one of the parties, because in addition to conforming to the pleadings, the judgment must also reflect a correct application of the law.” Therefore, the stepfather’s allegation the trial court erred in granting the judgement in absence of the stepdaughter during pleadings is overruled. Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: January 18, 2024, Case #: 13-22-00033-CV, Categories: Insurance, Property
J. Keough finds the trial court properly admitted other acts evidence, including text messages between defendant and one of the victims, because the messages proved a volatile and sometimes violent relationship that established motive and intent for the murders. Meanwhile, autopsy photos of all the victims were properly admitted into evidence because they were used to show the timing of each murder in relation to defendant's setting the house on fire and were not unduly graphic or repetitive. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: January 18, 2024, Case #: 2024-Ohio-158, Categories: Evidence, Murder
J. Bailey grants, in part, the petition for a writ of mandamus to order city commissioners to proceed with a recall election. The relator contends that he turned in petitions for two commissioners to be recalled, but the city has not taken action to schedule the recall election. The court concludes that city is directed to schedule a special election to recall two commissioners within 15 to 30 days. The petition is denied with respect as to Judge Hullum because full relief has been afforded in ordering the recall election to proceed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: January 18, 2024, Case #: 11-23-00283-CV, Categories: Elections, Government
J. Cogburn denies a pool products manufacturer’s motion in limine to exclude the expert testimony of a competitor that sued it for trademark infringement. The manufacturer argues that the expert’s testimony is improper, but this is to do with the expert’s methods, which it is free to debate using cross-examination. The manufacturer has raised nothing to stop the admission of the testimony.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: January 18, 2024, Case #: 3:20cv710, NOS: Trademark - Property Rights, Categories: Evidence, Trademark, Experts
J. Evanson finds in favor of the employer for its lawsuit seeking to enforce a Subrogation and Right of Recovery provision of its health benefits plan in order to recover a portion of the former employee's settlement funds equal to the medical benefits the employer paid out after the employee was injured in a car accident. The employer is entitled to a $73,300 judgment and attorney fees, because while the employee argues that it would be unfair to let the employer make itself whole through reimbursement because she was not made whole in her settlement of the New York action, its Health and Welfare Plan explicitly states that the employer's right to reimbursement trumps her right to be made whole.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: January 18, 2024, Case #: 2:20cv1551, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Settlements
J. Conrad orders a pre-filing review system imposed on any documents filed by a man for his abuse of the court and entrance of frivolous filings, including the current ones against a host of judges, courts, lawyers and firms, banks and his former employer. Despite warnings, the man filed an omnibus motion against all the parties after having been asked to submit one page as to why he should not subject to the pre-filing review system.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: January 18, 2024, Case #: 3:23cv423, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Civil Procedure, Judiciary
J. Drozd denies, in part, FedEx’s motion to dismiss a fleet van dealer’s odometer fraud and other claims related to FedEx’s alleged sale of almost 100 vans with double or triple the advertised mileage. The dealer has sufficiently alleged its claims for odometer fraud, intentional misrepresentation, negligent misrepresentation, breach of implied warranty of merchantability and others.
Court: USDC Eastern District of California, Judge: Drozd, Filed On: January 18, 2024, Case #: 2:17cv1732, NOS: Other Contract - Contract, Categories: Fraud, Vehicle, Warranty
J. Garry finds that the lower court properly convicted defendant on his guilty plea to drug possession. Defendant's appeal waiver, initially invalid but revisited before sentencing to make it valid in light of new precedent, precluded his challenge to a denied suppression motion. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: January 18, 2024, Case #: 112339, Categories: Drug Offender, Plea
J. Deters finds that defendant's failure to prove he was unavoidably prevented from discovering his victim's recantation of identification evidence at trial deprived the lower court of jurisdiction to hear his successive petition for postconviction relief and, therefore, his petition was properly denied. Although the affidavit from the victim in which he admitted he was unsure of the identity of his attacker was dated beyond the deadline for defendant to file his successive postconviction relief petition, this date does not establish when the recantation evidence became available and does not satisfy the unavoidably prevented standard, which prevented defendant from establishing a constitutional violation. Affirmed.
Court: Ohio Supreme Court, Judge: Deters, Filed On: January 18, 2024, Case #: 2024-Ohio-134, Categories: Criminal Procedure, Constitution, Jurisdiction
Per curiam, the Supreme Court of Ohio finds the lower court properly denied the father's petition for a writ of prohibition against the common pleas court judge. Under Ohio law, a common pleas court has jurisdiction over custody and visitation rights involving juveniles, including the one filed by the maternal grandmother in this case. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 18, 2024, Case #: 2024-Ohio-135, Categories: Family Law, Judiciary, Jurisdiction
J. Yun finds the black juvenile defendants were not victims of selective prosecution when the state agreed to remand two white codefendants' cases to juvenile court. Although all four defendants were charged with the same crimes initially, the white defendants' cooperation with the prosecution allowed for different treatment of their cases. It was also undisputed one of the black defendants was the individual who shot and killed the victim during the robbery, which separated him from the remaining defendants, and when combined with their lack of cooperation, this was sufficient to allow the black defendants' cases to remain in adult court. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: January 18, 2024, Case #: 2024COA7, Categories: Juvenile Law, Murder, Civil Rights
J. Alonso alternatingly grants and denies multiple parties’ motions for summary judgment in this dispute over the plaintiff trucking company’s trade secrets. The company uses the password-protected “Sylectus” software program to make bookings and maintain customer relations. The company claims several of its employees, led by a former manager, used confidential data in the Sylectus system to jump start their own competing freight company and pull in almost $3.5 million in ill-gotten revenue. The company brought multiple trade secret misappropriation, fraud, breach of loyalty and conspiracy charges against the former employees and the new competitor, but the court found that only the breach of loyalty count against the former manager has been sufficiently alleged. The court dismisses all other defendants from the suit, while also granting the manager’s motion to bar certain expert testimony, denying the company’s motion to seal certain documents, and placing sanctions on the manager for deleting certain Dropbox files that can no longer be used as evidence in the company’s case.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: January 18, 2024, Case #: 1:21cv2903, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Employment, Sanctions, Trade Secrets