194 results for 'filedAt:"2024-01-31"'.
J. Van Tine finds that the lower court properly found for the bar and dismissed a tort suit filed by the family of an employee who died after falling while drunk at work and sustaining a head injury. The Dramshop Act provides the exclusive remedy for causes of action stemming from the provision of alcohol, so the family may not pursue common-law causes of action. Affirmed.
Court: Illinois Appellate Court, Judge: Van Tine, Filed On: January 31, 2024, Case #: 231424, Categories: Tort, Wrongful Death
J. Hoyle finds the trial court improperly denied the farm equipment owner's request for a new trial. The business partner alleged the owner breached the contract for co-ownership of the equipment and was granted default judgment due to the owner's failure to file an answer. The owner's motion for a new trial was denied, in part, due to his providing no new evidence. However, the owner's excuse for not filing an answer reasonably explains his mistaken belief he was not required to file because the case would be on hold while settlement negotiations were pending. Reversed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: January 31, 2024, Case #: 12-23-00069-CV, Categories: Agriculture, Business Expectancy, Contract
J. Worthen dissolves the temporary injunction granted to the business partner. The partner sought declaratory judgment that a note for land is not in default because the amount the owner owes the partner pursuant to a default judgment in another contract dispute exceeds the amount of the payment owed for the land. The injunction prevented the owner from foreclosing until the trial court rendered judgment and ordered the parties to schedule a trial. The trial court’s requirement the parties schedule a trial for an unspecified date by contacting the court coordinator does not comply with the rule governing the setting of the cause for a trial on the merits.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: January 31, 2024, Case #: 12-23-00211-CV, Categories: Due Process, Partnerships, Contract
J. Neeley finds the trial court properly convicted defendant for evading arrest and theft of property after he crashed a stolen truck into a pond on private property. Although certain photos supporting an officer's testimony were suppressed, this did not nullify the entirety of her testimony about seeing defendant in the truck. Furthermore, another officer testified he responded to the crash and obtained surveillance video showing the crash and fleeing driver, and that he had known defendant for many years and identified him in court. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: January 31, 2024, Case #: 12-23-00099-CR, Categories: Evidence, Theft, Vehicle
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Gladwin finds the trial court properly convicted defendant for first-degree murder, two counts of committing a terroristic act and use of a firearm. Evidence was presented at trial showing defendant and the victim were members of rival gangs, while witnesses confirmed defendant was looking for the victim. Ample evidence, including shell casings and a matching weapon found in defendant's possession supports the conviction. Furthermore, evidence included a video of defendant displaying weapons and reciting rap lyrics referring to killing members of the rival gang. Defense counsel did not object to the court's admitting a written journal because it supported the strategy that the video was art. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 31, 2024, Case #: CR-22-717, Categories: Evidence, Murder, Gangs
J. Hudson reverses the Court of Appeals' reversal of the district court's certification of a dismissal order as a partial final judgment in a breach-of-contract case related to a wastewater treatment plant improvement project. The contractor requested, and the city stipulated to, certification, and the district court documented its reasons for granting certification rather than delaying an appeal until resolution of underlying claims. The risk of mootness is outweighed by other factors supporting certification, including the separability of the claims, and the district court therefore did not abuse its discretion in certifying the order. Reversed.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: January 31, 2024, Case #: A22-1771, Categories: Civil Procedure, Contract
J. Bokor finds the trial court properly denied defendant a new trial after he was convicted of first-degree murder and attempted murder. The record supports the trial court's finding that the newly discovered evidence defendant claimed in his motion, which involved an eyewitness saying defendant was not at the scene of the crime, was unreliable in part due to the witness' cocaine addiction and would not have resulted in reasonable doubt of defendant's guilt. Affirmed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: January 31, 2024, Case #: 22-1173, Categories: Evidence, Murder
J. Ray finds that the trial court properly sentenced defendant after he violated probation imposed upon his conviction for lewd and lascivious battery of a victim under 16 years old by having unsupervised contact with a minor. Defendant committed a "substantive violation," and the court was not limited by a six-year sentencing cap. Affirmed.
Court: Florida Courts Of Appeal, Judge: Ray, Filed On: January 31, 2024, Case #: 1D2021-3609, Categories: Probation, Sentencing, Sex Offender
J. Graves finds the district court improperly found for the prison officials on an inmate's claim the officials failed to prevent his assault by another inmate, saying they ignored warnings he was a target. Although the officials argue the inmate had not exhausted his administrative remedies, the inmate's sworn statement says his first grievance was filed within the deadline. He then filed another grievance, which infers he either did not receive a response or received an unfavorable one. Assessment of the statement’s credibility is a matter for trial, not summary judgment. Reversed.
Court: 5th Circuit, Judge: Graves , Filed On: January 31, 2024, Case #: 22-40415, Categories: Evidence, Assault, Prisoners' Rights
J. Virden finds the trial court properly convicted defendant for kidnapping. All evidence supports the conviction, as well as the court's denial of defendant's motion to represent himself. Defendant's arguments supporting self-representation included singing, explaining the problem was that he needed a real girlfriend, and referring to himself a soldier of truth and understanding. He also addressed the court as “Mommy” and “Judge K.” Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: January 31, 2024, Case #: CR-22-818, Categories: Evidence, Kidnapping, Self Representation
Per curiam, the appellate division finds that the lower court properly denied the church's motion to dismiss a personal injury suit filed by a bus rider who fell on an allegedly broken section of sidewalk in front of the premises. The church failed to establish it had no duty to maintain the area where the accident occurred. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 31, 2024, Case #: 00408, Categories: Tort
J. Peterson grants a motion in limine from the school district, the former teacher and other district employees seeking to define "garden variety emotional distress" as pertains to the scope of discovery and evidence in a lawsuit from former high school students claiming the former teacher secretly made video recordings of them in hotel rooms during field trips, occasionally while they were naked. The parties will proceed with a definition of garden variety emotional distress that includes, in part, that it is "emotional distress within the range of what a healthy, well-adjusted person would feel as a result of defendant's conduct." The students may claim they have suffered this kind of harm without waiving their right to keep their mental health records private, yet they also must give up any claims to more severe forms of emotional distress.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: January 31, 2024, Case #: 3:21cv683, NOS: Other Civil Rights - Civil Rights, Categories: Emotional Distress, Discovery
[Consolidated.] J. Bradberry finds that the trial court properly granted the exception of res judicata filed by the medical parties in the doctor's suit alleging the "bad faith release" of confidential information in his medical school residency file. The judgment in the federal court suit barred the doctor's claims in the subsequent lawsuit, which involves the same parties and same cause of action. The medical parties are awarded $7,500 in attorney fees for defending the frivolous appeal. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Bradberry, Filed On: January 31, 2024, Case #: CA-23-353, Categories: Civil Procedure, Education, Due Process
J. Perret finds that defendant was improperly sentenced for armed robbery and attempted first degree murder and given "illegally lenient sentences" for those convictions. The evidence does not show that defendant "is so exceptional as to justify a departure from the minimum mandated sentences" under the habitual offender statute. Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Perret, Filed On: January 31, 2024, Case #: KA-23-460, Categories: Murder, Robbery, Sentencing
J. Blakey partially grants a Navy equipment manufacturer’s motion for summary judgment on a Navy veteran’s asbestos claims. The veteran contracted mesothelioma after years of exposure to asbestos while serving in the Navy, with the manufacturer’s gaskets being a prime source. The court finds for the manufacturer on the veteran’s willful and wanton conduct claim, but allows the veteran’s negligence and strict liability claims to go forward.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: January 31, 2024, Case #: 1:21cv4316, NOS: Asbestos Personal Injury Product Liability - Torts - Personal Injury, Categories: Veterans, Product Liability, Asbestos
J. Lagesen finds the Appellate Commissioner erred in concluding that defendant’s failure to submit the proposed notice of appeal within the 90-day window deprived the court of jurisdiction to grant defendant’s motion. “Defendant’s failure to accompany the motion with the notice of appeal he sought to file does not deprive us of jurisdiction.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: January 31, 2024, Case #: A180649, Categories: Criminal Procedure
J. Chehardy finds that the trial court properly denied a casino's motion for summary judgment on a patron's trip and fall action. There are genuine issues of material fact as to whether the patron tripped over bunched up carpeting. Further, a credibility determination is needed on whether the casino's actions to remodel their carpeting were intentional.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: January 31, 2024, Case #: 23-C-603, Categories: Evidence, Negligence
J. McGrath finds that the district court abused its discretion in denying attorney fees under the private attorney general doctrine. A bill passed in 2021 was challenged on the constitutional grounds that last-minute amendments changed its original purpose and that the bill violated the single-subject rule. Attorney fees are due because the successful effort was a vindication of important constitutional rights, private enforcement was necessary and the challenge addressed issues of statewide importance. Reversed.
Court: Montana Supreme Court, Judge: McGrath, Filed On: January 31, 2024, Case #: DA 22-0639, Categories: Constitution, Elections, Attorney Fees
J. Jacquot finds the trial court properly committed appellant. The court made its decision based on her "diagnosis of schizophrenia, her past medication noncompliance, her lack of insight into her own condition, and her history of severe self-harm.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: January 31, 2024, Case #: A178907, Categories: Evidence, Commitment
J. Pagan finds the juvenile court properly took jurisdiction over two children. “Father has significant anger and impulse control issues that impact his ability to safely parent" and "mother deferred to father to make decisions, even when those decisions placed the children at risk of serious harm.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: January 31, 2024, Case #: A181604, Categories: Family Law
[Modified.] J. Kelety alters one sentence and denies a rehearing with no change in judgment. The trial court erred in granting a commercial landlord judgment notwithstanding of the verdict on a premises liability claim that a tenant made over undisclosed asbestos contamination. The indemnification clause in the lease did not apply since the jury found the landlord grossly negligent, and a limitation of liability clause cannot shield landlords for a willful violation of statute. The landlord's failure to disclose the asbestos prevented the tenant from knowing about the hazard, and from acting to prevent the financial losses it incurred during remediation. Reversed.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: January 31, 2024, Case #: D079905, Categories: Landlord Tenant, Damages, Asbestos
J. Joyce finds the juvenile court properly terminated a mother’s parental rights to two children. The high-needs children "need permanency after being in temporary care for four years.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: January 31, 2024, Case #: A181751, Categories: Family Law
Per curiam, the court of civil appeals finds that the lower court improperly entered a judgment on the pleadings in favor of the employer in this workers' compensation lawsuit. The former employee asserted that she had contracted Covid-19 while "in the line and scope of her employment." The court will not rule that it is "not compensable under the Act as a matter of law." Accordingly, the employee should be allowed an opportunity to support her claim. Reversed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: January 31, 2024, Case #: CL-2023-0239, Categories: Employment, Health Care, Workers' Compensation
[Consolidated.] Per curiam, the court of civil appeals finds that the lower court properly awarded custody of the children to the mother and awarded the father supervised visitation. The lower court had jurisdiction to enter its dependency judgments, and the father fails to argue on appeal that the evidence is insufficient to support "the implicit dependency determination." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: January 31, 2024, Case #: CL-2023-0286, Categories: Evidence, Family Law, Jurisdiction
J. Lagesen finds the trial court erred by denying an anti-SLAPP motion by an anti-Antifa group of individuals after concluding that a brewery had put forth sufficient evidence to make a prima facie case for tort liability based on employees and items damaged during a fight. The bar and owner did not provide evidence that the anti-Antifa group "engaged in tortious conduct, and they did not produce evidence that would permit the imposition of liability.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: January 31, 2024, Case #: A173013, Categories: Anti-slapp, First Amendment