112 results for 'filedAt:"2024-01-23"'.
J. Guerra finds the lower court properly found in favor of an investment company in a contract dispute with a property owner who agreed to transfer ownership of one property to the company after selling another property. The lower court found in favor of the investment company, as the listed property was sold, but the property owner never transferred ownership of the second property over to the investment company. The instant court overrules all of the property owners' arguments, and finds no error in the lower court’s granting of summary judgment to the investment company.
Court: Texas Courts of Appeals, Judge: Guerra, Filed On: January 23, 2024, Case #: 01-20-00326-CV, Categories: Real Estate, Contract
J. Dillard finds that the trial court improperly granted a declaratory judgment in favor of the association in an action arising from a dispute over the construction of a property owner's home. The trial court incorrectly denied the owner's request for a declaratory judgment that he is not subject to a declaration's provisions related to construction. The trial court failed to consider the entire declaration or whether the language in the exemption provision was ambiguous. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 23, 2024, Case #: A23A1709, Categories: Contract
J. Doughty finds for a Louisiana sheriff’s insurance plan and against the program’s surplus line insurance company. The company provided no evidence the sheriff’s plan failed to properly notify it of an indemnity claim for a $421,000 judgment in favor of an arrestee who was knocked unconscious by a deputy. Because the policy’s notification provisions are ambiguous, the meaning that provides coverage must be employed and the sheriff's plan provided notice in accordance with its insurers policy.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: January 23, 2024, Case #: 3:22cv886, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Police Misconduct
J. Dillard finds that the juvenile court improperly adjudicated the mother's six children dependent following the death of the mother's two-month-old. The juvenile court's decision was not supported by clear evidence that the children were subject to abuse or neglect. Although the mother and her partner admitted to using marijuana, there was no evidence that the drug use was excessive or adversely impacted the children. There were two incidents when two children suffered injuries but the mother immediately sought treatment for them and there was no evidence that the mother inflicted the injuries on the children. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 23, 2024, Case #: A23A1311, Categories: Family Law
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J. Murphy finds the lower court properly applied sentencing enhancements after defendant pleaded guilty to being a felon in possession of a firearm. His previous convictions for facilitation of aggravated robbery involved the use or threatened use of force and, therefore, qualified as violent felonies. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: January 23, 2024, Case #: 23-5082, Categories: Firearms, Robbery, Sentencing
J. Atkins finds that the trial court should not have denied the state's motion to continue trial in a sexual abuse of a minor action. In this case, the trial court did not take into consideration that the state's witnesses were not available on the trial date. One witness was the forensic nurse practitioner who completed a report in the matter, and the other witness was an expert in child sexual abuse forensic examinations, child sexual abuse, and trauma. Further, a continuance would not violate defendant's right to a speedy trial. Reversed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: January 23, 2024, Case #: 2024-K-0034, Categories: Criminal Procedure, Sex Offender, Speedy Trial
J. Bacharach finds that the lower court properly refused to set aside a judgment that was the result of a settlement between the FTC and a company accused of a scheme where it sold unnecessary services to customers. The company later sought to set aside the judgment by arguing that a new Supreme Court case reversed elements of the judgment that provided for monetary relief. While it is true that the Supreme Court ruled on a case that did not allow for such relief, that case is largely unrelated to the current one and does not represent a big enough change that would require the judgment to be set aside. Affirmed.
Court: 10th Circuit, Judge: Bacharach, Filed On: January 23, 2024, Case #: 23-4009, Categories: Fraud, Settlements
J. Fearing finds that the lower court improperly denied the recovery of emotional damages and a jury trial for damages for two people who lost a horse they had just bought during the boarding process. A jury trial is guaranteed for private actions such as this under the Consumer Protection Act, and a claimant is allowed to recover emotional distress damages for the loss of livestock under the Theft of Livestock Act. Reversed.
Court: Washington Court Of Appeals, Judge: Fearing, Filed On: January 23, 2024, Case #: 39450-6-III, Categories: Civil Procedure, Damages, Emotional Distress
J. Bustamante finds the failure to hold a pre-decision hearing by the Albuquerque city clerk did not violate the due process rights of the mayoral candidate who applied for public campaign financing. The denial of such financing is not a "death knell" to a campaign that warrants such constitutional protections, while the candidate was also fully aware of complaints against him before he submitted his application. The candidate was also able to present testimony and evidence to support his application at an appeal hearing that took place less than a week after the initial decision; therefore, no due process violation occurred. Reversed.
Court: New Mexico Court of Appeals, Judge: Bustamante, Filed On: January 23, 2024, Case #: A-1-CA-39971, Categories: Constitution, Elections, Due Process
J. Morgan grants a request by parish residents, ordering operators of a landfill to produce hundreds of documents without redactions for their suit alleging the dump fouled the air in their area from 2017 to 2019. Lawyers for the landfill argued with limited success that they properly withheld the records under attorney-client privilege doctrines. The requested records pertained to work the landfill operators performed during the ordinary course of business, rather than in anticipation of litigation, as attorneys for the dump unsuccessfully argued.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: January 23, 2024, Case #: 2:18cv7889, NOS: Torts to Land - Real Property, Categories: Communications, Environment, Government
[Consolidated.] J. Dillard finds that the trial court improperly refused to find in favor of the wholesale company or the company owner in a malicious prosecution and emotional distress action brought by the individual. The action arose from the individual's robbery, terroristic threats and battery indictment for trying to confiscate male sex-enhancement pills from the company which he claimed were counterfeit and infringing on his trademark. The trial court incorrectly analyzed elements of the malicious prosecution claim by failing to acknowledge the evidence that probable cause supported the individual's charged offenses. Vacated.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 23, 2024, Case #: A23A1472, Categories: Malicious Prosecution
J. Maxa finds that the lower court improperly convicted defendant of rape. Defendant moved to dismiss the case against him when audio recordings revealed state actors recorded conversations with his attorney and opened his legal mail, and the state did not prove that these wrongs didn't inject prejudice against him during trial proceedings. Further proceedings are called for to determine if his charges should be tossed or if a new trial could take place. Reversed.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: January 23, 2024, Case #: 56814-4-II, Categories: Fair Trial, Sex Offender
Per curiam, the Supreme Court of Ohio denies the newspaper's petition for a writ of mandamus to compel production of travel and expense reports related to Ohio State Highway Patrol troopers' trip to the 2022 Super Bowl in Los Angeles with Ohio Governor Mike DeWine. The documents are security records under the Ohio Public Records Act and therefore, are exempt from disclosure. Payroll and lodging reports from Governor DeWine's security detail could expose protocols related to DeWine's travel habits and create a risk of harm on future trips, which entitles the documents to protection under the Act.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 23, 2024, Case #: 2024-Ohio-182, Categories: Government, Public Record
J. Gray finds that the lower court improperly determined that a warranty deed for the transferring of property was invalid because of a defectively acknowledged signature. The deed was valid under all the other relevant factors, and a lack of the correct acknowledgment is "no bar" to the enforcement of the deed. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: January 23, 2024, Case #: S-23-0152, Categories: Property, Trusts
Per curiam, the circuit finds that the district court properly imposed a lifetime bar to "Pharma Bro" Martin Shkreli's involvement in the pharmaceutical industry following entry of a civil finding that he fixed prices on a popular HIV treatment. The permanent injunction was within the range of possible outcomes for the "egregious, deliberate ... and ultimately dangerous" scheme that sent the drug price skyrocketing from $17.50 to $750 per tablet, at a time when generic competition was also blocked. Furthermore, the court properly declined to consider Shkreli's state law challenge to joint and several disgorgement because he raised the issue for the first time on appeal. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 23, 2024, Case #: 22-728, Categories: Antitrust, Injunction
J. Moore finds the juvenile court properly terminated the mother's parental rights to her two children. The children were originally removed after the mother was found intoxicated on a city bus and placed into a detox facility. There were also reports the mother had abused the children and left them unsupervised at a homeless shelter. Clear and convincing evidence shows the mother is unfit and that termination is in the children’s best interests. The termination also accords with all factors of state and federal Indian child welfare acts. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: January 23, 2024, Case #: A-23-377, Categories: Family Law, Native Americans, Guardianship
J. Moore finds the trial court properly denied defendant's motion seeking postconviction relief following an evidentiary hearing. Defendant was convicted for attempted murder for the shooting of his deceased (by suicide) cousin's surviving girlfriend. Ever-changing postconviction testimony of another cousin and defendant's brother regarding the identity of the shooter is not credible. Evidence presented in the evidentiary hearing cannot overcome the strength of the victim’s trial testimony identifying defendant as the shooter. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: January 23, 2024, Case #: A-22-869, Categories: Evidence, Murder, Due Process
J. Du finds in favor of the bank in one of hundreds of cases to quiet title following a foreclosure sale conducted by a homeowners’ association. The property purchaser, an investment company, filed for declaratory judgment after the bank and title trustee indicated an intention to foreclose on a deed of trust encumbering the property. Because the association's agent had a "policy of rejecting... payment for less than the full lien amount," and the bank had knowledge of this, the excused tender doctrine applies. The investment company's arguments involving limitations and laches is unpersuasive.
Court: USDC Nevada, Judge: Du , Filed On: January 23, 2024, Case #: 3:20cv604, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending, Foreclosure
J. Clayton finds that the lower court properly found for the woman in a slip and fall suit against the hospital. Simply because the woman could have seen the fold in the rubber mats at the hospital entrance had she been looking down at the floor does not mean that the dangerous condition was open and obvious. The obviousness of the dangerous condition is a factor for the jury to consider, and here it assigned 35% fault to the woman. Affirmed.
Court: Missouri Court Of Appeals, Judge: Clayton, Filed On: January 23, 2024, Case #: ED111387, Categories: Tort
J. Bates finds that the lower court properly denied defendant's post-conviction motion alleging ineffective assistance of counsel. Even if his counsel had objected to defendant's new girlfriend's testimony that defendant put a gun in her mouth, there is no reasonable probability that the result of the trial would have been different. Affirmed.
Court: Missouri Court Of Appeals, Judge: Bates, Filed On: January 23, 2024, Case #: SD37871, Categories: Evidence, Ineffective Assistance, Murder
J. Thomson finds that the lower court properly found the minor child neglected after her third overdose on prescription medication and placed her as a ward of the state. The parents failed to obtain necessary psychological help for the child and were repeatedly unable to keep medication locked away from the child. Affirmed.
Court: Missouri Court Of Appeals, Judge: Thomson, Filed On: January 23, 2024, Case #: WD86165, Categories: Family Law
J. Johnson denies the defendant companies' motion to claw back a document produced during discovery in a product liability suit involving a defective surgical stapler. The document, an Establishment Inspection Report from the FDA, is relevant to the claims and not protected by work product privilege.
Court: USDC Eastern District of Texas , Judge: Johnson, Filed On: January 23, 2024, Case #: 4:19cv870, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Tort, Product Liability, Discovery
J. Jenkins partially grants an auto supply company’s motion for summary judgment on its former employee’s age discrimination and retaliation claims. The former employee, 73, claims he was demoted from his Regional Sales Manager position in the company, and eventually fired, to make way for younger replacements. He also maintains he was fired from his next sales job due to the company’s interference. The court finds the employee has sufficiently alleged his age discrimination claim, but not his retaliation claims.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: January 23, 2024, Case #: 1:21cv5063, NOS: Insurance - Contract, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Dorrian finds the lower court properly admitted the guardian ad litem's testimony into evidence. Although the guardian did not observe the mother with her child, the mother's criminal conviction and incarceration during the majority of the case prevented in-person observation, while there was also other, overwhelming evidence to support the child's removal. Affirmed.
Court: Ohio Court Of Appeals, Judge: Dorrian, Filed On: January 23, 2024, Case #: 2024-Ohio-224, Categories: Evidence, Family Law