194 results for 'filedAt:"2024-02-29"'.
J. Bevan finds that the trial court was within its discretion to admit evidence of a misdemeanor theft conviction for its probative value in determining defendant's truthfulness in a domestic battery trial. The evidence was not unfairly prejudicial since it did not suggest defendant had a history of violence, but rather that he was lying about assaulting his girlfriend. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: February 29, 2024, Case #: 50026, Categories: Evidence, Domestic Violence
J. Soto finds a lower court did not err in its handling of a property dispute between two companies. One company raised a number of issues with a temporary injunction from the lower court, which prevented it from foreclosing on a lien and the other company from selling the property, but the company cannot show how the lower court abused its discretion. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: February 29, 2024, Case #: 08-23-00157-CV, Categories: Property, Real Estate
Chancellor McCormick declines to dismiss class shareholder claims challenging the merger of Microsoft and Activision Blizzard, specifically the Activision board's failure to satisfy statutory provisions of Delaware corporate law, because the merger agreement may have been incompletely approved due to the failure to include essential merger material.
Court: Delaware Chancery Court, Judge: McCormick, Filed On: February 29, 2024, Case #: 2022-1001-KSJM, Categories: Civil Procedure, Fiduciary Duty
J. Navarro grants State Farm's motion for summary judgment on it action seeking clarification of its duties to defend and indemnify the law firm and lessor of an airplane hangar pursuant to an insurance policy issued for potential liabilities stemming from a state suit filed by the LLC formed by the law firm's principles against the firm. Firm employees, who were directed to move files and personal vehicles from the hangar, moved the plane owned by the LLC without authorization. The plane was damaged and State Farm rejected the LLC's demand for reimbursement. The firm, through its employees, had exclusive control of the plane when the damage occurred, and the contractual care, custody and control exclusion applies.
Court: USDC Nevada, Judge: Navarro , Filed On: February 29, 2024, Case #: 2:22cv1015, NOS: Insurance - Contract, Categories: Insurance, Premises Liability
J. Hicks denies Union Pacific's motion for summary judgment in this personal injury suit. The laborer was placed on light duty after being injured, though he was asked at one point to remove a tire from a backhoe and take it for repairs. Though Union Pacific says it could not have foreseen that the laborer would execute the work without help, the laborer was never trained on backhoe tire removal. This creates the genuine issue of fact that Union Pacific could have reasonably foreseen a potential injury.
Court: USDC Nevada, Judge: Hicks , Filed On: February 29, 2024, Case #: 3:21cv57, NOS: Federal Employers’ Liability - Torts - Personal Injury, Categories: Tort, Premises Liability, Labor
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J. Johnston denies the roofing contractor's motion to dismiss the property management company's beach of contract suit claiming the negligence of the contractor's employees caused a new roof they were installing on the building leased by U-Haul to catch fire, eventually destroying the entire building. The contractor's argument using the West Virginia's "gist of the action doctrine" is unpersuasive, as the West Virginia Supreme Court has long recognized "an independent duty - sounding in tort - to prevent and mitigate accidental fires...[that] exists entirely independent of the parties’ contractual relationship."
Court: USDC Southern District of West Virginia, Judge: Johnston, Filed On: February 29, 2024, Case #: 5:23cv339, NOS: Other Contract - Contract, Categories: Tort, Negligence, Contract
J. Powers finds that the tax appeals tribunal properly held that survey data provided to advertiser clients constituted sale of information services requiring payment of additional sales tax. By law, data collected, compiled, and analyzed in a non-personal nature is taxable when it can be incorporated into reports provided to others, which occurred here when the company prepared charts and graphs on survey results for clients. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: February 29, 2024, Case #: 535445, Categories: Tax
J. Clark finds that the lower court properly precluded testimony of a mental health counselor in sexual abuse claims plaintiff brought against his uncle under the Child Victims Act. Expert testimony may be used to explain victim behavior to a jury, but precedent holds it cannot be used to prove sexual abuse occurred. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: February 29, 2024, Case #: 535792, Categories: Tort, Experts
J. Fisher finds that the lower court properly declined to dismiss negligence claims brought against the village after plaintiff's son and a friend were buried in snowbanks created by the department of public works, when two loads of snow were dumped onto their "forts" by a front-end loader used to truck "excess snow" to the otherwise empty lot. The friend of plaintiff's son died from the injuries. The village contends it owed no duty to the children, but the public works employee launched "a force or instrument of harm" by failing to take reasonable care upon using a front-end loader to scoop and dump snow. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: February 29, 2024, Case #: CV-22-1931, Categories: Negligence
J. Mackey finds that the lower court properly dismissed claims challenging the state formula for calculating per-pupil "basic tuition" owed to New York City charter schools by the city and school district for the 2021-22 school year because judicial review of administrative decisions must be filed within four months of the determination. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: February 29, 2024, Case #: CV-23-0383, Categories: Civil Procedure, Education
J. Lynch finds that the lower court properly modified a custody order to award the mother primary custody of her two children. Initially, the father had been awarded custody while the mother was in jail, but after her release and relocation out-of-state, and following the father's eviction, he arranged for the children to live with her. Later, he changed his mind and refused to return the children after summer vacation. In a best interests analysis, the children's needs were better served by the mother, who offered a more stable home environment and family structure. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: February 29, 2024, Case #: CV-23-0468, Categories: Family Law
J. McFadden finds that the trial court properly ruled in favor of the home building company in a contract action brought by the individual seeking the return of a nonrefundable construction deposit. The assignment agreement between the parties is enforceable. The individual retained the benefit of the property under the contract and therefore cannot repudiate the contract. The deposit was not an unenforceable liquidated damages penalty because the individual's payment of the deposit was not linked to any breach. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: February 29, 2024, Case #: A23A1206, Categories: Contract
J. Johnson finds that defendant was properly convicted of felony evading arrest or detention in a vehicle. The state penal code does not require proof that defendant "knew the attempted arrest or detention was lawful," despite his argument to the contrary. Though, a precept fee and time payment fee that were erroneously assessed to defendant are deleted. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: February 29, 2024, Case #: 10-21-00158-CR, Categories: Criminal Procedure, Resisting Arrest, Vehicle
J. Shanker vacates the trial court's refusal to grant defendant, who was convicted of first-degree murder and other offenses when he was 19 and sentenced to life imprisonment, early release under the Incarceration Reduction Amendment Act. The trial court improperly considered the degree to which the "'hallmark features of youth'" played a role in the crime. Vacated.
Court: DC Court of Appeals, Judge: Shanker, Filed On: February 29, 2024, Case #: 22-CO-0650 , Categories: Juvenile Law, Murder, Sentencing
J. Lewis finds a lower court properly deported a native of Uganda's motion to remain in the U.K. The native of Uganda argued that he was entitled to remain after he was falsely imprisoned in the U.K. However, the government sufficiently showed in court that he is deportable under the U.K. Borders Act for aggravated burglary.
Court: Her Majesty's Court of Appeal, Judge: Lewis, Filed On: February 29, 2024, Case #: CA-2023-63, Categories: Civil Rights, Immigration
J. Wollman finds a lower court properly sentenced a defendant to life imprisonment for sex trafficking minor children, alongside his co- conspirator girlfriend, who id serving 180 months in prison. The defendant argued that his sentence is unreasonable. However, the government sufficiently showed in court that he took on the role of manager of a sex traffic ring, posted advertisements online, and transported his victims to hotels to to be sexually abused. Affirmed.
Court: 8th Circuit, Judge: Wollman, Filed On: February 29, 2024, Case #: 22-3462, Categories: Sentencing, Prostitution, Child Victims
[Consolidated.] J. Rochford finds that the lower court improperly found for Motorola on negligence claims stemming from the plaintiffs' fathers' exposure to reproductively toxic chemicals at their employment, allegedly causing their children to be born with severe birth defects. There is a genuine issue of fact as to whether Motorola's health policy actually increased its employees' risk of child birth defects, as well as the feasibility of the plaintiffs' expert's proposed recommendations as to how the company should guard against injuries to its workers' unborn children. Reversed.
Court: Illinois Appellate Court, Judge: Rochford, Filed On: February 29, 2024, Case #: 220884, Categories: Employment, Tort, Negligence
J. Clarke denies the accuser's motion to proceed anonymously in this suit alleging that famous rapper Sean Combs, aka Diddy, and the president of Combs' record label, Harve Pierre, gang raped her along with a third man when she was a teenager. Permitting the accuser to remain anonymous undermines the defendants' ability to find witnesses to build their defense, and the accuser cannot identify any particularized harm she would suffer as a result of disclosure that outweighs the public's interest in open judicial proceedings.
Court: USDC Southern District of New York, Judge: Clarke, Filed On: February 29, 2024, Case #: 1:23cv10628, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Assault
J. Sinatra dismisses claims contending the city wrongfully demolished a residential building without adequate notice. The owner and tenants had been told to contact a housing attorney and were provided the opportunity to secure the property before the demolition was ordered, and the seasoned building inspector visually observed rot, mold, and water damage in the building.
Court: USDC Western District of New York, Judge: Sinatra , Filed On: February 29, 2024, Case #: 1:20cv1511, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property