127 results for 'filedAt:"2024-01-30"'.
J. Reyna finds that an army veteran was improperly denied employment benefits since the lower court applied the incorrect standard in determining plaintiff did not qualify under the veteran readiness and employment program. Reversed.
Court: Federal Circuit, Judge: Reyna, Filed On: January 30, 2024, Case #: 2023-1525, Categories: Employment, Veterans
J. Witt finds that the lower court properly convicted defendant of sodomy and child molestation. The court did not err by admitting the abused child's out-of-court statements made to investigators. Her statements were consistent with her videotaped forensic interview testimony, and there is no evidence she had a motive to fabricate her story. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: January 30, 2024, Case #: WD85845, Categories: Evidence, Sex Offender
J. Gardner finds that the lower court properly granted the police officer immunity on personal injury claims stemming from a car accident with an on-duty cop who was driving 87 miles per hour before the impact. The officer was speeding to assist another officer in an emergency, and did not intend to injure anyone. Expert testimony that the officer's conduct was reckless is insufficient to demonstrate intent to harm in this situation. Affirmed.
Court: Missouri Court Of Appeals, Judge: Gardner, Filed On: January 30, 2024, Case #: ED111694, Categories: Tort, Immunity
J. Toro finds for the commissioner of internal revenue in this tax liability dispute. The wife is not entitled to innocent spouse relief since evidence indicates she knew of the deficiency and benefited from underpayments.
Court: U.S. Tax Court, Judge: Toro, Filed On: January 30, 2024, Case #: 162TC2, Categories: Tax
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J. Connors finds that the Public Utilities Commission properly extended "a waiver of the standard depreciation rate for the Maine Water Company - Millinocket Division." The Commission properly applied Chapter 110 and did not abuse its discretion. Affirmed.
Court: Maine Supreme Court, Judge: Connors, Filed On: January 30, 2024, Case #: 2024ME11, Categories: Civil Procedure, Water
J. Molberg finds that the lower court properly granted a protective order for the appellee company and denied certain discovery being sought by the appellant. The lower court "did not abuse its discretion in limiting the scope of discovery," as there was evidence to show that the requested discovery was "unduly burdensome." Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: January 30, 2024, Case #: 05-21-00846-CV, Categories: Civil Procedure, Discovery
[Consolidated.] J. Yarbrough finds that the lower court properly granted summary judgment to the claimants in these civil forfeiture cases. Contrary to the state's argument, the claimants' motion was not conclusory, as it specifically argued that the state lacked evidence to prove that the seized money was contraband. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: January 30, 2024, Case #: 07-23-00297-CV, Categories: Civil Procedure, Forfeiture
J. Richardson finds the board properly denied the petition for asylum. The petitioner failed to show that his persecution by MS-13 gang members was on account of his membership in a protected group. The claimed social group of “Salvadoran males without male protection” is not cognizable, and even if it was, the petitioner has not established that he was a part of that group as he primarily lived with his uncles during the time he was extorted. Petition denied.
Court: 4th Circuit, Judge: Richardson, Filed On: January 30, 2024, Case #: 22-1808, Categories: Immigration, Gangs, Extortion
J. Davis finds for the U.S. in this post-award bid protest concerning a contract for technical workforce training and curriculum development services because NASA's evaluation process was fair and reasonable.
Court: Court of Federal Claims, Judge: Davis, Filed On: January 30, 2024, Case #: 23-1738, Categories: Contract
J. Jabar finds that the lower court improperly ordered the discharge of a mortgage. The right-to-cure notice was defective, but there was not a counterclaim for declaratory judgment. Accordingly, the lower court erred "by declaring the effect of its judgment." Vacated in part.
Court: Maine Supreme Court, Judge: Jabar, Filed On: January 30, 2024, Case #: 2024ME13, Categories: Civil Procedure, Real Estate
J. Whitney partially grants two mortgage companies’ motions to dismiss allegations that they wrongfully created a second mortgage on the house of a deceased woman. The woman’s niece claims one of the companies incorrectly charged her aunt under a second mortgage, of which the aunt was unaware. However, the niece does not own the property, is not her aunt’s legal estate administrator, and will, therefore, not experience a concrete harm if the house is sold or foreclosed upon. Thus, she lacks standing and subject matter jurisdiction.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: January 30, 2024, Case #: 3:23cv205, NOS: Other Contract - Contract, Categories: Jurisdiction, Banking / Lending, Contract
J. Banke finds that restraining orders were supported by sufficient evidence that an elderly woman did not understand what was happening when she signed over the deed to her house to her daughter. However, the Elder Abuse Act does not give trial courts the authority to exclude the daughter from the property since she was the record holder. Also, the trial court relied on the wrong sections of the Act to void the deed transfer. Reversed in part.
Court: California Courts Of Appeal, Judge: Banke, Filed On: January 30, 2024, Case #: A165210, Categories: Restraining Order, Elder Abuse
J. Bassett affirms summary judgment in favor of a firearms dealer and the government agency responsible for performing background checks prior to firearms sales, against the two police officers suing them after a man the dealer sold a firearm to shot the officers. Even though the man who shot the officers has a background of misdemeanor domestic violence charges against him, as well as schizophrenia with many occasions of delusional behavior, the dealer and agency have immunity because, even if the man who shot the officers committed a felony and was able to do so at least in part because of the dealer and the agency’s actions, they did not commit a felony themselves.
Court: New Hampshire Supreme Court, Judge: Bassett, Filed On: January 30, 2024, Case #: 2022-0348, Categories: Licensing, Firearms
[Consolidated.] J. Simons finds, on first impression, that the trial court properly allowed an insured who filed a property damage claim to video record the insurer's participants during his requisite examination under oath. Statute expressly states that the examination proceeding may be recorded in its entirety. Affirmed in part.
Court: California Courts Of Appeal, Judge: Simons, Filed On: January 30, 2024, Case #: A166946, Categories: Insurance
J. MacDonald reverses the denial of a deceased man’s former cohabitator’s motion for summary judgment against a representative of the decedent’s estate who filed a motion for summary judgment against her which was granted and is now also reversed. The agreements between the decedent and the former cohabitator are enforceable contracts. Reversed.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: January 30, 2024, Case #: 2023-0022, Categories: Trusts, Contract
J. Kautz finds that the lower court improperly dismissed a contract dispute between a financial advisory company and a former employee after finding that the forum selection clause in the contract called for disputes to be be litigated in Minnesota. The company was entitled to a waiver of the forum selection clause and the employee had no connection to Minnesota that would support that venue. Reversed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: January 30, 2024, Case #: S-23-0125, Categories: Venue, Contract
J. Gallagher grants summary judgment in favor of the department in this employment dispute brought by a former employee alleging discrimination and retaliation. The employee stated she was terminated due to her performance evaluation because she did not have proper training to perform her task. The department shows uncontroverted evidence demonstrating well-documented performance concerns and that the employee would not have retained her position.
Court: USDC Maryland, Judge: Gallagher, Filed On: January 30, 2024, Case #: 1:22cv1719, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
Vice Chancellor Cook dismisses claims brought against a company that terminated a software licensing agreement for drone technology after the licensee issued a press release touting the agreement and disclosing confidential information because plaintiff failed to state a claim related to the contract.
Court: Delaware Chancery Court, Judge: Cook, Filed On: January 30, 2024, Case #: 2022-0878-NAC, Categories: Contract
J. Lowy affirms defendant’s murder conviction for killing his wife. The defendant claims his daughter’s murder and the testimony of two latent print examiners should not have been allowed in evidence, that not enough was done to rule out the possibility of a different culprit, and that there wasn’t enough evidence to identify him as the culprit or establish his crimes’ premeditation, but he fails to substantiate any reversible error. Affirmed.
Court: Massachusetts Supreme Court, Judge: Lowy, Filed On: January 30, 2024, Case #: SJC-12420, Categories: Evidence, Murder, Due Process
J. Brennan denies the automotive clutch manufacturer's motion for summary judgment, ruling the issue of notice provided to the part manufacturer cannot be determined by the court because of numerous issues of fact, including when the clutch manufacturer made the part maker aware of defects and whether the defects were the result of a design or manufacturing problem.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: January 30, 2024, Case #: 1:20cv893, NOS: Other Contract - Contract, Categories: Warranty, Contract
J. Bishop finds the trial court properly convicted defendant by no-contest plea for assault and false imprisonment, requiring him to register as a sex offender. Defendant, a taxi driver, picked the drunken victim up from a bar and took her to his house. The victim woke up the next day with pains indicating sexual assault, and later medical examination confirmed that such an assault had occurred. The plea agreement replaced the charge of sexual assault with assault, while requiring defendant to register as a sex offender. Evidence, including the victim's blood found on defendant's sheets, supports the conviction and registration requirement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 30, 2024, Case #: A-23-373, Categories: Sentencing, Sex Offender, Assault
J. Pirtle finds the county court properly found for a home association. The property purchaser was found to have not made the purchase in good faith and did not prove its claim of adverse possession. Furthermore, the purchaser failed to prove exclusive possession because association members had used the property in question as a public use area for several years. The purchaser's warranty deed does not prove possession. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: January 30, 2024, Case #: A-23-287, Categories: Evidence, Property
[Consolidated.] J. Arterburn finds the county court improperly issued domestic abuse and harassment protection orders against the ex-boyfriend. Because the boyfriend had been found guilty of domestic assault, the court improperly denied him his due process right to be heard at the show-cause hearing. Reversed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: January 30, 2024, Case #: A-23-384 , Categories: Due Process, Restraining Order