120 results for 'filedAt:"2024-03-04"'.
J. Pedersen finds in this restricted appeal that the lower court improperly determined the conservatorship rights and the division of the marital property in this divorce proceeding. There is insufficient evidence supporting the terms of the divorce. Reversed in part.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: March 4, 2024, Case #: 05-22-00563-CV, Categories: Family Law, Property
J. Goldstein finds that the lower court properly modified the juvenile's disposition after he was originally adjudicated delinquent and given "a four-year determinate sentence, probated for four years." Following a hearing, the lower court modified his disposition to commit him to the custody of the Texas Juvenile Justice Department. His appointed counsel now indicates that the appeal is without merit, and the court agrees. Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: March 4, 2024, Case #: 05-23-00479-CV, Categories: Juvenile Law
J. Doss finds in this interlocutory appeal that the lower court properly denied the appellant construction company's summary judgment motions and overruled its objections to the driver's summary judgment evidence in this personal injury suit involving a vehicle accident on a bridge. The company "did not prove each element of its affirmative defense with conclusive evidence." Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: March 4, 2024, Case #: 07-23-00258-CV, Categories: Civil Procedure, Negligence
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J. Walter grants a request by a Texas fabricating and manufacturing company to dismiss on jurisdictional grounds claims arising from a contract product liability suit brought against a Louisiana design business by a fiberglass factory, also located in Texas. The Louisiana company alleges the fabricator is responsible for making parts of two 111-feet ventilation stacks for the fiberglass factory, one of which blew over from about 35-feet above ground level, damaging the plant below. The only performance of the contract in Louisiana was done by the design company located in Shreveport. The Texas-based fabrication plant did not purposefully avail itself of the privilege of conducting business within Louisiana or invoke the benefits and protections of Louisiana law. Therefore, the Louisiana court does not have jurisdiction over the Texas stack-builder.
Court: USDC Western District of Louisiana , Judge: Walter, Filed On: March 4, 2024, Case #: 5:22cv5837, NOS: Contract Product Liability - Contract, Categories: Product Liability, Jurisdiction, Contract
J. Mendoza finds that the district court improperly entered a decision to abstain from exercising jurisdiction over a matter challenging the City of Sacramento’s requirement that individuals applying for permits to operate storefront marijuana dispensaries within city limits be Sacramento residents. Abstention was improper under precedent of Louisiana Power & Light Co. v. City of Thibodaux because the lawsuit does not present a dispute between intra-governmental agencies or states, the city’s residency requirement is straightforward, and no party has articulated a sovereignty concern. Reversed.
Court: 9th Circuit, Judge: Mendoza, Filed On: March 4, 2024, Case #: 22-16783, Categories: Municipal Law
J. Evans holds that the appeals court erred in reducing the restitution damages a vehicle buyer was awarded by the amount the buyer recovered by trading in the defective vehicle. The restitution amount may not be offset by a trade-in credit or sales proceeds where a manufacture's failure to comply with the Song-Beverly Consumer Warranty Act forces a buyer to trade in or sell a defective vehicle. Reversed.
Court: California Supreme Court, Judge: Evans, Filed On: March 4, 2024, Case #: S266034, Categories: Vehicle, Damages, Warranty
J. Cartwright grants the travel bag company statutory damages that are three times the aggregate sales of the counterfeit products that each of the sellers made by selling those unauthorized products on Amazon. The travel bag company shows that it owns the trademark associated with childcare travel accessories at issue and that the sellers advertised and sold the counterfeit products that confused customers into believing that they were buying genuine products.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: March 4, 2024, Case #: 2:20cv1215, NOS: Trademark - Property Rights, Categories: Trademark, Damages
J. Watson denies, in part, the employee's motion for summary judgment, ruling that while it is undisputed the delivery driver worked in excess of 40 hours per week on at least one occasion, questions of fact about whether he was an employee or an independent contractor prevent judgment in his favor and preclude the award of any damages.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 4, 2024, Case #: 2:21cv4744, NOS: Fair Labor Standards Act - Labor, Categories: Evidence, Labor
Per curiam, the Supreme Court of Colorado finds that former Adams County District Court Judge Robert Kiesnowski will be publicly censured for the exploitation of his judicial position for the benefit of his brother-in-law and will also be assessed the cost of the Commission on Judicial Discipline's investigation into the matter. Kiesnowski represented his brother-in-law during an interview with law enforcement following a domestic violence incident, which violates the portion of the code of judicial conduct that prohibits legal representation of any kind, and he also attacked the character of his brother-in-law's girlfriend in an effort to use his position to influence the investigation. Therefore, because he has already retired following a previous disciplinary investigation, he will be publicly censured and incur the costs of the investigation.
Court: Colorado Supreme Court, Judge: Per curiam, Filed On: March 4, 2024, Case #: 2024CO12, Categories: Judiciary, Sanctions
Per curiam, the Oklahoma Supreme Court approves Guy Wade Jackson's resignation pending disciplinary proceedings. An emergency application for citation for indirect contempt of court was filed based on the attorney's continuous refusal to obey court orders related to attempts to collect judgments for $73,000 and $208,000, and an arbitration award for $9.9 million. The judgments and award were imposed for the attorney's misconduct involving his representation of several clients and trust beneficiaries. His affidavit of resignation was freely and voluntarily rendered.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: March 4, 2024, Case #: SCBD-7581, Categories: Administrative Law, Arbitration, Attorney Discipline
J. Trapp finds the lower court properly granted the former city clerk's motion for summary judgment on claims related to the early termination of her employment contract. The city failed to provide 30 days notice and did not satisfy its burden to provide proof of just cause for termination; therefore, the clerk was entitled the entire amount of severance pay stated in the contract. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: March 4, 2024, Case #: 2024-Ohio-782, Categories: Employment, Government, Damages
J. Giles grants the bank's motion to dismiss consumer protection and breach of contract claims from a group of payment card account holders. The group claimed the bank used fictional exchange rates and would apply those exchange rates to the group's foreign transactions. Despite establishing standing as a group who suffered an injury and displayed a likelihood that the injury will be redressed by a favorable decision, the group failed to plausibly allege that the exchange rate processors acted as the banks' agents.
Court: USDC Eastern District of Virginia, Judge: Giles, Filed On: March 4, 2024, Case #: 1:21cv83, NOS: Other Contract - Contract, Categories: Consumer Law, Banking / Lending, Contract
J. Gibney grants the deputy's motion for judgment on unlawful arrest and illegal detention claims. Two brothers walked on a road near a courthouse when a police officer noticed them and approached them. The brothers, who were recording video at the time, told the officer that they were within their rights to be on the road filming and even went as far as telling the cop that as long as he did not violated their rights they would not hurt them. The officer had probable cause to arrest the pair because walking on the roadway is illegal.
Court: USDC Eastern District of Virginia, Judge: Gibney , Filed On: March 4, 2024, Case #: 3:21cv575, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
J. Strickland grants the cigarette distribution company's motion to dismiss, ruling that because it is headquartered in Virginia and the estate has put forth no evidence to show it conducted business in New Mexico, this court lacks jurisdiction over the party.
Court: USDC New Mexico, Judge: Strickland, Filed On: March 4, 2024, Case #: 2:23cv1136, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, Jurisdiction, Wrongful Death
J. Boom finds for the department of labor in wage claims because evidence indicates the employer, "a company that runs horse racing operations," willfully denied workers certain wages and thus cannot seek to reduce liquidated damages. The employees should be granted over $243,000 in liquidated damages and back pay.
Court: USDC Western District of Kentucky, Judge: Boom, Filed On: March 4, 2024, Case #: 3:15cv562, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages
J. Williams dismisses infringement counterclaims concerning patents related to solar energy rapid shutdown technology because the solar power company failed to plead the affirmative defense with particularity and failed to plead that the patent holder breached the contract by refusing to offer a license in lieu of litigation.
Court: USDC Delaware, Judge: Williams, Filed On: March 4, 2024, Case #: 1:22cv915, NOS: Patent - Property Rights, Categories: Licensing, Patent
J. Richardson grants the state defendants' dismissal motion in this voter lawsuit challenging the constitutionality of certain statutes, alleging that the statutes "deter voting" and chill "freedom of political speech." The voter plaintiffs contend that the sections at issue, which are meant to prevent "cross-over voting" in the primary elections, are void for vagueness. But the court finds that the plaintiffs lack standing.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: March 4, 2024, Case #: 3:23cv1256, NOS: Voting - Civil Rights, Categories: Civil Rights, Elections, Jurisdiction
J. Scudder finds that the lower court improperly found for the restaurant in a slip and fall suit that left a patron with a dislocated hip. The patron testified that she slipped after stepping in some liquid, which left a wet spot on her dress. This is enough to create a disputed issue of fact as to whether a wet floor caused her fall. Reversed.
Court: 7th Circuit, Judge: Scudder, Filed On: March 4, 2024, Case #: 23-2213, Categories: Tort
J. Mosman grants the seminar attendee and the former student $376,700 in attorney fees against the doctor's complaint that the former two made and sold Chinese medicine courses that infringe on the doctor's copyrighted pulse diagnosis method. The seminar attendee and the former student are entitled to attorney fees, because the doctor claims that those two infringed on his PowerPoint slides used to teach his technique, but his expert only identified 15 out of 120 slides as substantially similar to the doctor's, and the doctor's claim ultimately tries to protect unprotectable ideas.
Court: USDC Oregon, Judge: Mosman, Filed On: March 4, 2024, Case #: 3:21cv1694, NOS: Copyrights - Property Rights, Categories: Copyright, Experts, Attorney Fees
J. Reyes affirms the defendant's DWI conviction, finding that the district court did not err by determining that the defendant's statements to paramedics were not protected by physician-patient privilege, nor by refusing to suppress evidence obtained through a search warrant for his medical records. Statements to paramedics are not covered by physician-patient privilege, and the presence of the defendant's girlfriend, who was not necessary or customary to his treatment rendered any statements nonprivileged.
Court: Minnesota Court Of Appeals, Judge: Reyes, Filed On: March 4, 2024, Case #: A23-0516, Categories: Evidence, Dui
J. Fox finds that the lower court properly ordered that the plan for five children needed to be changed from family reunification to adoption. The mother and father raise several issues on appeal, such as that the lower court violated their due process rights when they made the decision to change the children's plan, but evidence on the record overwhelmingly suggests that changing the plan to an adoption or guardianship was in the best interests of the kids. Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: March 4, 2024, Case #: S-23-0173, Categories: Family Law
J. Loken finds a lower court properly dismissed a Honduras citizen's motion to remain in the U.S. The citizen of Honduras argued that he was entitled for relief under the Convention Against Torture for being forced to transport weapons and drugs under the direction of the MS-13 gang, and that he would face maltreatment for being homosexual. However, he failed to present evidence in court that he was mistreated by police, gang members, and government authorities based on his sexual orientation. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: March 4, 2024, Case #: 22-3565, Categories: Civil Rights, Immigration
J. Laing grants a university's motion to dismiss a former BBC journalist's Equality Act claims. The journalist and professor argued that the university failed to accommodate his deficit hyperactivity disorder and his request to be promoted to a higher lectureship. However, the university sufficiently showed in court that a creation of a new teaching role on his behalf would have a broad impact on the university's academic structure. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Laing, Filed On: March 4, 2024, Case #: CA-2023-1139, Categories: Education, Employment, Equal Protection
J. Budd confirms a former employee’s eligibility for unemployment benefits after she was fired by her employer for refusing the Covid-19 vaccines on religious grounds. The employee did not engage in deliberate misconduct because she tried to comply with her employer’s policy by using its application process in place to apply for a religious exemption. Affirmed.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: March 4, 2024, Case #: SJC-13440, Categories: Employment, Covid-19