135 results for 'filedAt:"2024-02-27"'.
J. Parker finds in this interlocutory appeal that the lower court properly denied the appellants' dismissal motion pursuant to the Texas Citizens Participation Act. The appellants failed to show that the Act applies to the claims under the Texas Uniform Fraudulent Transfer Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: February 27, 2024, Case #: 07-23-00271-CV, Categories: Civil Procedure, Fraud
J. Christopher finds that the inmate was properly civilly committed as a sexually violent predator. The evidence sufficiently supports the finding that he has a behavioral abnormality that "predisposes" him to sexually violent offenses, and he did not show the testimony of the forensic psychologist was unreliable. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: February 27, 2024, Case #: 14-22-00742-CV, Categories: Evidence, Commitment
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J. Levy finds, on first impression, that changes to statutory definitions of malice and the degrees of murder did not abolish the doctrine of transferred intent. Therefore, the trial court properly denied defendant's petition for resentencing on a first degree murder conviction for the death of an unintended victim. Affirmed.
Court: California Courts Of Appeal, Judge: Levy, Filed On: February 27, 2024, Case #: F086179, Categories: Murder, Sentencing
J. Jewell finds that defendant was improperly found guilty of aggravated assault over an incident where the victim was struck by a wrench. The trial court's policy that required everyone, including witnesses, to wear facial coverings in the courtroom during the January 2023 trial violated defendant's Sixth Amendment right to confront the witnesses against her. The case is remanded for a new trial. Reversed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: February 27, 2024, Case #: 14-23-00048-CR, Categories: Confrontation, Constitution, Assault
J. Moore finds the county court properly granted summary judgment to the law firm in its case against a property manager who failed to fully pay fees and costs for various representation. The record shows the manager was given notice at every stage of the proceedings. He appeared at hearings, presented evidence and was not denied due process. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: February 27, 2024, Case #: A-23-334, Categories: Due Process, Contract
J. Moore finds the county court properly modified the divorce decree. Though the parties had originally agreed to a joint custody arrangement, the father sought modification alleging several changes in circumstance, including the mother's increased income and her allegedly ignoring certain joint custody obligations. The mother was given final medical and dental decision-making when the parties could not agree after reasonable discussion. After giving appropriate consideration to all testimony, the lower court properly found the father did not meet his burden to prove a change in circumstance warranting modification of custody. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: February 27, 2024, Case #: A-23-366, Categories: Evidence, Family Law, Guardianship
J. Arterburn finds the trial court properly convicted and sentenced defendant, by no-contest plea, for felony theft. The victim testified defendant drove away in her truck after she entered a convenience store, leaving the truck's engine running. Other testimony corroborates this, as well as officer's having found the truck later, abandoned. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: February 27, 2024, Case #: A-23-650, Categories: Theft, Plea, Vehicle
J. Du denies, in part, a healthcare network's motion to dismiss the former employee's employment discrimination action. She sufficiently alleges a supervisor subjected her to verbal or physical harassment based on her race; therefore, her claims of a hostile work environment may proceed.
Court: USDC Nevada, Judge: Du, Filed On: February 27, 2024, Case #: 3:21cv352, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Evidence, Employment Discrimination, Employment Retaliation
J. Cain grants summary judgment to the owner of a casino and hotel, and against an elevator passenger whose negligence suit alleges the five-floor lift malfunctioned, triggering a series of abrupt, nonviolent drops, stops and starts. Based on an elevator expert's testimony, there is no inference of negligence or breach of duty by the casino.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: February 27, 2024, Case #: 2:22cv174, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Negligence, Experts
J. Suddaby dismisses a civil rights complaint that alleges two teacher’s unions deducted union dues from a former member’s wages without her consent and in violation of her First Amendment and due process rights. The court finds the former member’s membership agreement authorized the union to continue deducting dues from her wages for one year after her resignation unless expressly revoked, and she failed to allege that she was coerced into signing the agreement.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: February 27, 2024, Case #: 5:22cv261, NOS: Other Civil Rights - Civil Rights, Categories: First Amendment, Labor / Unions
J. Yohalem finds the trial court improperly refused to hear and summarily denied defendant's motion to dismiss drug charges on speedy trial grounds. Although the motion was filed on the eve of trial, the court had not imposed a scheduling order on the parties and filings regarding the constitutional rights of a criminal defendant must be heard absent intentional misconduct; therefore, the case will be remanded to allow the trial court to consider the merits of the motion. Reversed.
Court: New Mexico Court of Appeals, Judge: Yohalem, Filed On: February 27, 2024, Case #: A-1-CA-40312, Categories: Criminal Procedure, Speedy Trial
J. Herndon finds the trial court improperly declared a mistrial. Defendant, charged with multiple offenses based on an alleged sexual assault, asserted his right to confrontation was violated after the alleged victim cut off contact with the court and failed to appear. Defendant sought dismissal, and the record does not show he consented to the declaration of mistrial. Reversed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: February 27, 2024, Case #: 85695, Categories: Sex Offender, Due Process
Per curiam, the Fourth Circuit upholds defendant’s conviction for two counts of using a firearm in relation to a violent crime. A violent crime in support of racketeering activity, committed with a dangerous weapon, is a valid crime-of-violence predicate for convictions such as defendant’s. Affirmed.
Court: 4th Circuit, Judge: Per curiam, Filed On: February 27, 2024, Case #: 20-6767, Categories: Criminal Procedure, Weapons, Racketeering
Per curiam, the supreme court finds that Erick Tyrone and the attorney disciplinary agency have properly stipulated to a six-month suspension of Tyrone's Wisconsin law license as discipline reciprocal to that issued by the Court of Appeals of Maryland for failing to competently represent his client and mishandling client funds in his trust account, among other misconduct. Tyrone's administrative suspensions of his Wisconsin law license for failure to pay bar dues, file trust account certifications and continue his legal education as required will remain in place. The agency seeks no costs related to Tyrone's disciplinary proceeding, so none are imposed.
Court: Wisconsin Supreme Court, Judge: Per curiam, Filed On: February 27, 2024, Case #: 2023AP001332-D, Categories: Attorney Discipline
J. Gaertner finds that the lower court improperly denied the construction contractor's motion to compel arbitration of a contract dispute with its concrete supplier. The parties' contract vests exclusive determination of arbitrability with the arbitrator and the Federal Arbitration Act preempts the Missouri Uniform Arbitration Act. Reversed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: February 27, 2024, Case #: ED111680, Categories: Arbitration, Construction, Contract
J. Moore finds that the veteran's court properly granted an appeal from an adverse decision regarding the caregiver program because veterans and caregivers had a right to dispute a decision that had been made based on the their inability to attend in-person evaluation. Affirmed.
Court: Federal Circuit, Judge: Moore, Filed On: February 27, 2024, Case #: 2022-1264, Categories: Veterans
J. St. Eve finds that the immigration board erred by reinstating an El Salvadoran citizen's removal order after he re-entered the U.S. because he feared he would be killed by gangs in his home country. The board "actively ignored" the evidence relied upon by the immigration judge who granted him asylum, and inappropriately reweighed the evidence rather than showing deference to the immigration judge's factual findings. Reversed.
Court: 7th Circuit, Judge: St. Eve, Filed On: February 27, 2024, Case #: 21-2284, Categories: Immigration
J. Thrash denies the relator's motion to dismiss the medical equipment manufacturer's breach of fiduciary duty and breach of contract counterclaims in a False Claims Act action arising from the manufacturer's allegedly fraudulent claims for reimbursement and retaliation against the relator for trying to bring the manufacturer into compliance with the law. The breach of fiduciary duty counterclaim based on the relator's alleged mishandling of a license renewal application is not barred by public policy. A reasonable jury could find that misleading the manufacturer with respect to how the renewal process was going was sufficiently negligent to be considered a breach of the duty of care. However, the counterclaim based on the relator's used of confidential information is barred by public policy.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: February 27, 2024, Case #: 1:20cv4181, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Fiduciary Duty, False Claims
J. Brimmer declines to find that an oil company's indemnification agreement with a gas drilling company was void in claims brought against the gas company after a subcontractor was "severely burned and shocked" upon connecting wires at a work site, as the master service contract does not constitute a construction agreement. The oil company's request for a declaratory judgment was not premature since the court would not make findings concerning the subcontractor's state negligence claims.
Court: USDC Colorado, Judge: Brimmer, Filed On: February 27, 2024, Case #: 1:23cv139, NOS: Other Contract - Contract, Categories: Negligence, Indemnification, Contract
J. Floyd finds a lower court properly dismissed a timber frame company's patent infringement claims against a construction company. The timber frame manufacturer argued that it was the owner of a licensed patent owner of certain construction photographs. However, the construction company sufficiently showed in court that an actual patent had not been established or properly dated. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Floyd, Filed On: February 27, 2024, Case #: CA-2023-1496, Categories: Construction, Patent