179 results for 'filedAt:"2024-02-08"'.
J. Kacsmaryk denies, in part, the government's motion to dismiss four individuals' claims arising from its alleged provision of funding to the West Bank and Gaza, which benefits the Palestinian Authority. They have standing and plausibly allege the government is violating the Taylor Force Act.
Court: USDC Northern District of Texas , Judge: Kacsmaryk, Filed On: February 8, 2024, Case #: 2:22cv241, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Constitution, International Law
J. Segal dismisses a city employee's appeal, finding that a trial court remand to a civil service commission board will provide him an opportunity to argue that he is entitled to back pay. The trial court's judgment, which set aside his suspension and ordered the board to reconsider the discipline he deserves for an unexcused absence, was not final and appealable.
Court: California Courts Of Appeal, Judge: Segal, Filed On: February 8, 2024, Case #: B328414, Categories: Civil Procedure, Employment
J. Gilman finds the lower court erroneously dismissed the parent company's lawsuit against creditors. Although its subsidiary had stipulated to various claims filed by the creditors in a prior bankruptcy case, those stipulations did not constitute a final decision on the merits that would allow for the application of res judicata. Reversed.
Court: 6th Circuit, Judge: Gilman, Filed On: February 8, 2024, Case #: 23-5476, Categories: Bankruptcy, Civil Procedure
Per curiam, the North Dakota Supreme Court finds that the district court properly dismissed defendant's application for post-conviction relief before an evidentiary hearing was held. Defendant also alleges ineffective assistance of counsel but the court concluded he failed to present competent and admissible evidence which raised an issue of material facts that his counsel’s representation fell below an objective standard of reasonableness. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: February 8, 2024, Case #: 2024ND17, Categories: Ineffective Assistance
J. Carnes finds that the district court properly dismissed a breach of contract, fiduciary duty and negligence action brought by the estate and clinic against the insurers stemming from an insurance coverage dispute which arose after a $60 million consent judgement was entered in an underlying wrongful death action in favor of the deceased liposuction patient's estate and against the clinic. The district court correctly found that a four-year statute of limitations applied to the fiduciary duty claim and that the claim was barred by the statute of limitations. The insurance policy unambiguously includes a policy limit of $50,000 for a claim of professional liability. The insurer had already incurred expenses beyond that amount defending the estate claims, therefore the policy limit was exhausted. Affirmed.
Court: 11th Circuit, Judge: Carnes, Filed On: February 8, 2024, Case #: 22-10614, Categories: Insurance, Fiduciary Duty, Contract
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J. Mortensen finds that the trial court properly handled the child custody and asset division in a divorce. The husband was awarded full child custody with reunification services for the wife based on evidence of her acrimonious relationships with their children. The husband's testimony supported the conclusion that he owned the family business and the trial court was within its discretion to split the equity in the marital home. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: February 8, 2024, Case #: 20210787-CA, Categories: Family Law
J. Abele finds the trial court properly granted defendant's motion to suppress statements made to police after her arrest. Although her unprompted statement, "I fucked up," may have been incriminating, it did not prevent the application of Miranda considering the officers who interviewed her proceeded to ask specific questions about the burglary for which she was eventually charged. Additionally, although there was a gap between the pre- and post-Miranda sections of the interview, the similar lines of questioning and short duration of the gap rendered the questioning a single interview and allowed the trial court to suppress it in its entirety. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: February 8, 2024, Case #: 2024-Ohio-547, Categories: Burglary, Evidence, Miranda
J. Jensen finds that the district court properly held that a company breached a contract for deed. The company claimed that the court erred in granting quiet title on two of the three parcels of real property at issue. The matter is also on remand for determination of a reasonable amount of attorney fees. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: February 8, 2024, Case #: 2024ND16, Categories: Property, Attorney Fees
J. Haight denies the solar panel company's motion to stay proceedings and compel arbitration, ruling the testimony of the 80-year-old buyers and their children requires the enforceability of the arbitration provision in the contract to be determined by a jury. The buyers were never told about a loan, only that solar panels would be installed at their home, and they were also never given a written contract.
Court: USDC Connecticut, Judge: Haight, Filed On: February 8, 2024, Case #: 3:21cv1020, NOS: Truth in Lending - Torts - Personal Property, Categories: Arbitration, Fraud, Consumer Law
[Combined.] J. Fisher finds that the lower court properly convicted defendant following his guilty plea to robbery and then revoked his earlier probation on conviction for attempted burglary. The concurrent terms he received as a result were not harsh, as one represented the statutory minimum for a second violent offender. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: February 8, 2024, Case #: 112435, Categories: Burglary, Robbery, Sentencing
Per curiam, the appellate division finds that the unemployment insurance appeal board properly held that a retail worker was ineligible to receive benefits because he was unable to file a valid original claim. The worker did not have sufficient earnings within the required calendar quarters to qualify. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 8, 2024, Case #: CV-23-1158, Categories: Insurance, Labor
J. Fenn finds that the lower court improperly ruled in favor of a trustee in a dispute where an individual tried to remove the trustee entirely from a trust. The lower court found that by filing such an action, the individual triggered a non-contest clause that disinherited him from the trust and prohibited legislation. But the lower court was reading into terms that "are not there," and in the language of the agreement, the removal provisions were not mandatory and there was nothing that triggered the no-contest clause. Reversed.
Court: Wyoming Supreme Court, Judge: Fenn, Filed On: February 8, 2024, Case #: S-23-0126, Categories: Trusts
J. Bea finds that the district court improperly granted an individual's motion to strike an affirmative defense of waiver or release and remanded for further proceedings in a wrongful death admiralty action. The matter arose from the death of an individual's wife during a scuba and snorkeling tour from Lahaina Harbor to Molokini Crater, an atoll off the coast of Maui. Before the tour, the husband and his wife each signed a waiver document releasing rights to sue the diving company. The district court struck the defense on the basis that the liability waivers were void under a United States Code which prohibits certain liability waiver. The code in question prohibited liability waivers between ports, not from one port and back to a single port in the United States without stopping at any other port. Reversed.
Court: 9th Circuit, Judge: Bea, Filed On: February 8, 2024, Case #: 22-16149, Categories: Admiralty, Wrongful Death
J. Reynolds Fitzgerald finds that the lower court properly convicted defendant following his guilty plea to attempted promoting prison contraband. Defendant's claim that his plea was involuntary was not preserved for review, and his admission during the plea colloquy that he possessed a weapon, even if it was to defend himself against another inmate, did not trigger an exception to the preservation requirement. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: February 8, 2024, Case #: 112674, Categories: Weapons, Plea
J. Tenney finds that the trial court erred in giving a jury instruction on the classifications of defendant's drug and paraphernalia possession charges.
He was convicted of the paraphernalia count but not the possession count, and he failed to show that he would have received a more favorable outcome without the improper instructions. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: February 8, 2024, Case #: 20210552-CA, Categories: Drug Offender, Jury Instructions
J. Clark finds that the lower court properly denied defendant's request for resentencing on his conviction for stabbing his girlfriend to death in the home they shared. Defendant sought review of his indeterminate sentence of 25 years-to-life for murder following state passage of the Domestic Violence Survivors Justice Act, but he failed to provide sufficient proof of ongoing abuse perpetrated by the girlfriend or that he was a victim defending himself in her death. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: February 8, 2024, Case #: 113572, Categories: Murder, Sentencing, Domestic Violence
J. Lynch finds that the lower court properly convicted defendant of assault in a knife attack on his then-girlfriend and infant son. No speedy trial violations occurred when the prosecution filed newly required certificates of good-faith compliance in declaring readiness for trial, even if not every item of discovery sought had been turned over. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: February 8, 2024, Case #: 113125, Categories: Assault, Speedy Trial, Discovery
J. Mackey finds that the unemployment insurance appeal board properly held that four instructors and supervisors working with state prison inmates were ineligible for benefits because they were not totally unemployed. Although their 10-month academic year permitted summer hourly work for the prison system, they could not seek benefits when the Covid-19 pandemic curtailed that revenue stream in 2020 because they were employed on an annual basis. By agreement between the state and union, the decision is binding on other similarly situated prison workers. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: February 8, 2024, Case #: CV-22-2051, Categories: Insurance, Labor / Unions
J. Molter finds that the trial court improperly disqualified defendant's attorneys during his murder trial after becoming concerned that they were not representing defendant effectively. The judge should have considered less drastic measures and the attorneys should be reinstated. However, because the decision was not made with bias, defendant's request to have the judge replaced is denied. Reversed in part.
Court: Indiana Supreme Court, Judge: Molter, Filed On: February 8, 2024, Case #: 23S‐OR‐311, Categories: Judiciary, Murder
J. Elgo finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus based on ineffective assistance of counsel claims. His attorneys' failure to file a motion to suppress his confession was based on the facts of the case that included a surviving victim and significant physical evidence that made such a motion highly speculative. Additionally, the attorneys conducted appropriate research into the inmate's mental health before they discarded the thought of a plea deal involving mental disease or defect. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: February 8, 2024, Case #: AC45737, Categories: Habeas, Ineffective Assistance
J. Alvord finds the lower court properly found for a police officer on malicious prosecution claims. There was probable cause for the officer to request an arrest warrant after the victim and an eyewitness made sworn statements the arrested individual violated a no-contact order when she made an obscene gesture to the victim. Although surveillance footage contradicted the victim's claims, the officer properly credited the sworn statements, which can be used to establish probable cause under Connecticut law. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: February 8, 2024, Case #: AC45538, Categories: Evidence, Malicious Prosecution
J. McFadden finds that the trial court properly granted the attorney's motion for attorney fees after the lawyer's defamation action against him was dismissed. The defamation action arose after the attorney filed motions for sanctions and a Bar complaint against the lawyer for allowing an unlicensed law student to conduct depositions in a case. Evidence supports the $21,000 attorney fee award. The trial court correctly found that the action lacked any justiciable issue of law or fact and did not abuse its discretion in finding that the award was reasonable. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: February 8, 2024, Case #: A23A1312, Categories: Defamation, Attorney Fees
J. Morrison grants the employer's motion for summary judgment, ruling the black pharmacist cannot establish a prima facie case for race discrimination. None of the isolated negative comments made by management were racially motivated, while the pharmacy technicians he claims were treated more favorably had entirely different job responsibilities and, therefore, are not similarly situated. Meanwhile, his disability discrimination claims fail because the employer had a legitimate reason to fire him when he failed to meet productivity standards following several previous disciplinary issues.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: February 8, 2024, Case #: 2:21cv4141, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination, Employment Retaliation
J. Boyle partially grants a former staff member of the state’s corrections department her motion to compel after suing the department for alleged race, gender and age discrimination. Specifically, the department, which has had over six months to produce documents, must generate records of past job postings for the staff’s position to complete the discovery process. The staff member has demonstrated the standing to make this request.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 8, 2024, Case #: 5:21cv225, NOS: Employment - Civil Rights, Categories: Employment, Government, Employment Discrimination
J. Easterly upholds the superior court's finding for a seller of a four-unit property and the buyer, who held all the tenants' assigned rights, in their action against an outside purchaser who refused to allow them to close. The buyer's contract with the seller was enforceable and held priority under the Tenant Opportunity to Purchase Act. Affirmed.
Court: DC Court of Appeals, Judge: Easterly, Filed On: February 8, 2024, Case #: 22-CV-0033 , Categories: Landlord Tenant, Real Estate, Contract
J. Brody finds that defendant's confrontation right was not violated by the admission of testimony from a detective about data that the FBI obtained by extracting it from defendant's cell phone. The detective's personal knowledge and experience of cell phone extractions was sufficient to support his testimony and independent conclusions about the extraction file. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: February 8, 2024, Case #: 49079, Categories: Confrontation, Drug Offender
J. Powers finds that the workers' compensation board properly granted benefits after ruling that a plumber's collapse and death soon after arriving at a construction site had been job-related. Testimony from a medical provider who treated the decedent and talked to his widow and coworkers demonstrated the decedent was overweight and suffered high blood pressure and coronary, but on that fateful hot and humid day, he had to walk a distance over rough terrain to get to the jobsite, and suffered added stress from being named shop steward on a big project at LaGuardia Airport. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: February 8, 2024, Case #: 534946, Categories: Workers' Compensation
J. Hardy dismisses a home builder’s breach of contract and negligence claims against the lumber company that provided moist, and eventually moldy, materials for the builder's personal house. The homeowner lacks standing because the contract was with his company, which ultimately owns the house, not the home builder as an individual.
Court: USDC Western District of Pennsylvania, Judge: Hardy, Filed On: February 8, 2024, Case #: 2:20cv1763, NOS: Contract Product Liability - Contract, Categories: Negligence, Product Liability, Contract