131 results for 'filedAt:"2024-02-05"'.
J. Hart finds that although the parking garage is not fully enclosed and lacks HVAC equipment, the permanent nature of the structure and its inclusion of electricity and a surrounding wall qualifies it as a building under Colorado law, which prevents application of governmental immunity on the injured patron's premises liability claim. Additionally, the illusive nature of the surface that caused the patron's injuries was caused, at least in part, by the choice of resurfacing materials made during maintenance of the structure, which similarly prevents application of immunity for design defects; therefore, the patron's suit will proceed.
Court: Colorado Supreme Court, Judge: Hart, Filed On: February 5, 2024, Case #: 2024CO7, Categories: Government, Immunity, Premises Liability
[Consolidated.] J. Belsome finds that the trial court should not have quashed the bill of indictment issued against defendant for the charges of armed robbery with a firearm and attempted second degree murder. Defendant, who was 17 years old when the crimes were allegedly committed, was originally charged in the juvenile court when the state filed the bill of indictment in criminal district court. Under statute, jurisdiction of the crimes was properly divested from juvenile court. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: February 5, 2024, Case #: 2023-KA-0585, Categories: Juvenile Law, Jurisdiction
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J. Whitehurst grants an award of $5,000 in attorney fees and costs to a motorist and against a rental car business and a claims adjuster for allegedly stonewalling his requests for information in his car collision case. Their “egregious use of boilerplate objections" and failure to provide a useful privilege log, among other things, resulted in the litigant’s counsel’s expenditure of 23 hours of unnecessary legal work. As result, he did not learn the identity of the responsible insurer until more than one year after filing suit.
Court: USDC Western District of Louisiana , Judge: Whitehurst, Filed On: February 5, 2024, Case #: 6:23cv32, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Insurance, Attorney Fees
J. Lynch finds the lower court properly granted the city's motion for summary judgment because the widening of an intersection was a valid exercise of the town's governmental power that prevents the power company from seeking any reimbursement for expenses related to its moving of various power lines and other equipment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lynch, Filed On: February 5, 2024, Case #: 2024-Ohio-399, Categories: Government, Property
J. Gujarati dismisses a citizen’s civil rights complaint that alleges New York City violated his First Amendment rights when it denied his request to paint “All Lives Matter” on a city street in Brooklyn as a way to respond to the city’s decision to paint “Black Lives Matter” in yellow paint on the street outside Trump Tower in the summer of 2020. The court finds the city’s decision to deny his request constitutes protected government speech, which is not subject to First Amendment scrutiny.
Court: USDC Eastern District of New York, Judge: Gujarati, Filed On: February 5, 2024, Case #: 1:21cv6897, NOS: Other Civil Rights - Civil Rights, Categories: First Amendment
J. Huffaker grants summary judgment for the insurance company in this liability insurance dispute seeking a declaration that it has no obligation to defend a builder and its subcontractors for faulty construction. The conditions for coverage under the contractor’s special conditions endorsement in the policy were not met, it does not provide a defense against the homeowners’ claims. The policy plainly excludes coverage for tract housing residences of 25 or more houses with the same characteristics and there were at least 100 houses built by the builder. The insurance company is not required to defend the homeowners claims and they are dismissed without prejudice. The court denies as moot the insurer’s motion to strike certain documents and photographs.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: February 5, 2024, Case #: 2:19cv848, NOS: Insurance - Contract, Categories: Evidence, Insurance
J. Ellison denies, in part, a bank's motion to dismiss a borrower's foreclosure-related action. He sufficiently alleges his claims for breach of post-foreclosure contract, fraud by nondisclosure and promissory estoppel.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: February 5, 2024, Case #: 4:23cv1092, NOS: All Other Real Property - Real Property, Categories: Property, Banking / Lending, Contract
J. Rosenthal denies, in part, two deputies' motion to dismiss a driver's civil rights claims following his arrest. He has sufficiently alleged his claims for excessive force and punitive damages.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: February 5, 2024, Case #: 4:23cv302, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Damages, Police Misconduct
J. Miskel finds that the lower court improperly granted summary judgment to the appellee in this suit to quiet title. The case concerned the appellant's "claim to an easement for use of an airstrip." The appellee failed to show that it is entitled to judgment on each element of its suit. Reversed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: February 5, 2024, Case #: 05-22-00765-CV, Categories: Civil Procedure, Real Estate
J. Whipple finds that the agency properly denied the request for an adjudicatory hearing related to its prior decision to rescind a "remediation in progress" waiver on a property formerly used to manufacture automobile batteries. The RIP waver did not suspend the need to remediate an industrial establishment, and the company lacked legitimate grounds for the continued delay of remediation of the site. Affirmed.
Court: New Jersey Appellate Division, Judge: Whipple , Filed On: February 5, 2024, Case #: A-0511-22, Categories: Environment
J. Hendrickson finds the trial court properly imposed consecutive sentences after defendant pleaded guilty to two charges of sexual battery. The seriousness of his conduct, which included blackmail and threats against the minor victim if she refused to have sex, supported the increased punishment. Although defendant suffers from PTSD as a result of military service and expressed sincere remorse before he was sentenced, the trial court was not required to reduce the sentence and spoke on the record that it considered all required factors before it handed down consecutive sentences. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hendrickson, Filed On: February 5, 2024, Case #: 2024-Ohio-381, Categories: Sentencing, Sex Offender, Child Victims
J. Stevens finds that the mother's parental rights to her children were properly terminated based on sufficient evidence to support the statutory ground as to endangering conduct. The mother knowingly used illegal drugs when she was pregnant, did not comply with her service plan and was unable to show she could provide for the children. Affirmed.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: February 5, 2024, Case #: 06-23-00089-CV, Categories: Evidence, Family Law
J. Johnson reverses the district court's grant of declaratory relief moving a road to property owners who favor a proposed purchase and redevelopment of their properties and others in the same subdivision, concurring with the opposing neighbors' argument that a district court cannot relocate easements in ways contrary to the plain language of the instrument which created the easement. Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: February 5, 2024, Case #: A23-0441, Categories: Civil Procedure, Property
J. Cochran affirms the district court's grant of summary judgment to the former police officer in his suit seeking health coverage. While the officer voluntarily ended his coverage for a period, a state law guaranteeing continued health insurance coverage for police officers or firefighters disabled in the line of duty until age 65 unambiguously requires public employers to make that coverage available until that age, regardless of voluntary lapses in coverage. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Cochran, Filed On: February 5, 2024, Case #: A23-0359, Categories: Health Care, Municipal Law
J. Harder finds a bankruptcy trustee improperly denied a mother's motion for unpaid child support against her ex-husband. The Chapter 7 trustee argued that the mother failed to present a valid claim for a lien in post-petition relief to obtain $80,000 in unpaid support. However, the mother sufficiently showed in court that her claim for child support arose before the order of relief, but before the case was converted under section 1307. Reversed.
Court: 8th Circuit, Judge: Hastings, Filed On: February 5, 2024, Case #: 23-6006, Categories: Bankruptcy, Damages
J. Cruz finds a lower court improperly ruled in favor of a cannabis dispensary on contract claims brought by an investor. The cannabis dispensary, which housed faulty equipment and diseased plants, argued that the investor is not entitled to monetary relief based on new tenancy. However, although the investor prevailed on claims for damages, the attorney's fee award is remanded for redetermination. Reversed in part.
Court: Arizona Court Of Appeals Division One, Judge: Cruz, Filed On: February 5, 2024, Case #: 1 CA-CV 21-754, Categories: Attorney Fees, Contract
J. Godbey denies, in part, a university's motion for summary judgment on a group of former student athletes' claims arising from hip injuries they allegedly suffered while members of the rowing team. There are questions of fact regarding one student's Title IX claim for medical expense-related compensatory damages and loss of educational benefits.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: February 5, 2024, Case #: 3:18cv141, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Damages