98 results for 'filedAt:"2024-04-02"'.
J. Collins finds that the trial court improperly dismissed a farm's motion seeking a writ of certiorari after the city of Greenville granted a special use permit to allow the construction of a firearm range because the city waived the opportunity to claim a procedural defect due to the fact that the farm incorrectly named the city in the complaint. Reversed.
Court: North Carolina Court of Appeals, Judge: Collins, Filed On: April 2, 2024, Case #: COA23-662, Categories: Civil Procedure, Property, Zoning
J. Gordon grants, in part, the lenders' motion to dismiss a borrower and guarantor's counterclaims. The lenders originally filed suit alleging they fraudulently transferred stocks as repayment. The guarantor contends he first learned of the stock transfers after a previous judgment was entered, but the lenders point to publicly available financial documents that disclosed the stock transfers before the original complaint was filed. Certain counterclaims are precluded, while a conspiracy claim must be dismissed because it is not supported by allegations for damages.
Court: USDC Nevada, Judge: Gordon , Filed On: April 2, 2024, Case #: 2:22cv1206, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Securities, Banking / Lending
J. Dennis finds the district court improperly found for State Farm after it denied coverage for the homeowners' claim arising from the a city's requirement they replace their whole roof, rather than just the tiles damaged in a hailstorm. State Farm accepted coverage for damage to certain roofing components and gutters in its estimate, which admits liability for that damage for purposes of the Texas Prompt Payment of Claims Act. Genuine issues of fact preclude summary judgment on the breach of contract and Act-based claims. Vacated in part.
Court: 5th Circuit, Judge: Dennis , Filed On: April 2, 2024, Case #: 22-10662, Categories: Insurance, Property
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J. Flood finds that defendant was improperly sentenced for both first-degree kidnapping and sexual offense charges following his conviction for rape of a person 15 years of age or younger because the jury had been instructed that defendant could only be convicted of the kidnapping charge based on sexual offense charges for which he was also convicted, which violated double jeopardy. However, the court properly declined to suppress evidence obtained under warrants in light of probable cause that included the victim's claims that defendant kidnapped her from her parent's home and raped her at his own residence. Meanwhile, the affidavit listed items to be seized, including electronics, which the affidavit linked to the illegal activity. Affirmed in part.
Court: North Carolina Court of Appeals, Judge: Flood, Filed On: April 2, 2024, Case #: COA23-832, Categories: Search, Sex Offender, Kidnapping
J. Thompson finds that the trial court properly dismissed breach of contract and negligent misrepresentation claims brought after students were expelled from a private school because enrollment contracts granted the school discretion to terminate enrollment. Affirmed.
Court: North Carolina Court of Appeals, Judge: Thompson, Filed On: April 2, 2024, Case #: COA23-252, Categories: Education, Contract
J. Marshall finds that the commissioner of internal revenue should be denied dismissal of a petition challenging tax liability because plaintiff filed the petition within the automatic 60-day extension granted due to a federally declared disaster.
Court: U.S. Tax Court, Judge: Marshall, Filed On: April 2, 2024, Case #: 162TC7, Categories: Civil Procedure, Tax
J. Thomson finds that the lower court properly upheld the zoning board's decision to grant the company a special use permit for the construction of a self-storage facility. The law does not require the board to deny a special use permit if the minimum infrastructure requirements are not met. Rather, it has the discretionary authority to grant the permit regardless of whether all infrastructure requirements are adequately in place.
Court: Missouri Court Of Appeals, Judge: Thomson, Filed On: April 2, 2024, Case #: WD86182, Categories: Zoning
J. Mitchell finds that the lower court properly denied the insurer's motion to intervene in a wrongful death action for the sole purpose of seeking a stay of the wrongful death action until a separate declaratory judgment action in federal court could resolve the insurer's duty to indemnify the homeowner. The insurer has no right to intervene in a case in which it lacks a direct interest. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: April 2, 2024, Case #: WD86442, Categories: Civil Procedure, Insurance, Wrongful Death
J. Hardwick finds that the lower court improperly granted the sex offender's request to be removed from the sex offender registry. The sex offender failed to name the Missouri State Highway Patrol as a party to this action, depriving the agency of its right to present evidence in opposition to his request for removal. Vacated.
Court: Missouri Court Of Appeals, Judge: Hardwick, Filed On: April 2, 2024, Case #: WD86537, Categories: Criminal Procedure, Sex Offender
J. Brennan finds that the lower court properly dismissed a consumer class action against an infant formula maker for selling formula made at a facility later deemed unsanitary. At the time of purchase, there was no known risk of contamination of the product, and therefore the consumers suffered no economic loss at the time of purchase. Consumers claim there was a "potential risk" the products were contaminated, but they were not subject to that risk in a personal and individual way. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: April 2, 2024, Case #: 23-2525, Categories: Consumer Law, Class Action
J. Jorgensen finds that the lower court improperly denied defendant's request for a new trial after he was convicted aggravated battery in absentia. The court's admonishments did not advise defendant that a failure to appear would constitute a waiver of his right to cross-examine witnesses. Further, he had not been arraigned nor had he entered a not guilty plea at the time he was given the admonishments. Reversed.
Court: Illinois Appellate Court, Judge: Jorgensen, Filed On: April 2, 2024, Case #: 230047, Categories: Criminal Procedure, Battery
J. Mendez finds that the lower court properly awarded the natural gas purchaser $9.6 million after the gas seller violated a contract to deliver 50,000 MMBtu of gas per day during Winter Storm Uri, including a buyback agreement that contemplated weather risks that would make it unfeasible for the supplier to meet the demands of the contract. There is no evidence to support the seller's claim that the purchaser accepted cancellation of the buyback agreement other that its witness' self-serving testimony. Affirmed.
Court: New York Appellate Divisions, Judge: Mendez, Filed On: April 2, 2024, Case #: 01779, Categories: Energy, Contract
Per curiam, the appellate division finds that the lower court properly dismissed the property owner's indemnification claims against the elevator maintenance servicer. The service contract provides that the owner retained exclusive control over repairs to the elevator, and the servicer was only responsible for maintenance. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 2, 2024, Case #: 01776, Categories: Tort, Indemnification
J. Trauger denies the Starstruck Entertainment defendants' motion for summary judgment in this lawsuit brought by a land owner seeking to challenge the cancellation of his trademark registration for the word mark "Starstruck Farm," in connection with a piece of land that was allegedly previously owned by Reba McEntire and her then-husband Narvel Blackstock. Starstruck Entertainment, which was founded by the couple, is now "operated by Blackstock alone," and the associated trust holds a trademark registration for the word mark "Starstruck." The Starstruck Entertainment defendants, which are no longer affiliated with McEntire, have shown "some evidence that is supportive of cancellation," but the court concludes that there are issues of fact precluding summary judgment.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 2, 2024, Case #: 3:23cv44, NOS: Trademark - Property Rights, Categories: Civil Procedure, Trademark
J. Trauger denies the fencing defendants' motions to compel arbitration of the claims in this lawsuit alleging that a fencing student was sexually abused by her fencing coach while the student was a minor. The U.S. Fencing Association, which is the "national governing body for the sport," contends that the organization's membership waiver contains an arbitration clause. However, as the plaintiffs argue, the organization litigated the case "for nearly a year before ever raising the issue of arbitration." The court concludes that the governing organization acted inconsistently "with an intention to arbitrate."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: April 2, 2024, Case #: 3:22cv560, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Arbitration, Civil Procedure, Emotional Distress
J. Dale denies in part an airport baggage handling system company's motion to dismiss a business partner's claims for civil conspiracy, tortious interference with prospective economic advantage and tortious interference with contract. The business partner, who was the prime contractor, began negotiations to acquire the other company. After negotiations broke down, the business partner became concerned that the company was not complying with the teaming agreement and alleges that the president of the company made false allegations about the business partner to stop the acquisition from moving forward. The business partner has plausibly stated a tortious interference with prospective economic advantage claim.
Court: USDC Idaho, Judge: Dale, Filed On: April 2, 2024, Case #: 1:23cv499, NOS: Other Contract - Contract, Categories: Interference With Contract, Contract
J. Clay finds the district court properly dismissed the former mayor’s complaint against the Warren City, Michigan, city council, election commission, the city clerk and county clerk. The former mayor served in that position for four terms when the election commission changed the city charter to the existing term limits. He alleges the new limits imposes a legal disability based on past conduct but fails to he was intentionally discriminated against by changing the amendment.
Court: 6th Circuit, Judge: Clay, Filed On: April 2, 2024, Case #: 23-1826, Categories: Constitution, Elections, Due Process
J. Nalbandian finds the district court properly denied a former truck driver’s motion asking for irrelevant discovery. The driver alleged a trucking company defamed him by releasing his employment records to prospective employers through a third-party consumer credit reporting company. Affirmed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: April 2, 2024, Case #: 23-5568, Categories: Employment, Discovery
J. Gustafson finds that the trial court was within its discretion to modify a child support order downward before a mother received actual notice from the state division of child support services. The mother was on already on actual notice when the father filed a request for a hearing to modify child support and served it on the mother, and she was given an opportunity to oppose retroactive application of the modification in a subsequent trial court hearing. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: April 2, 2024, Case #: DA 23-0118, Categories: Family Law
J. Abele finds defendant's decision to leave loaded weapons in an unlocked gun cabinet was undoubtedly a contributing factor in the death of the victim in an accidental shooting during a sleepover and, therefore, satisfied the necessary elements for the jury to convict him of involuntary manslaughter. Although defendant may not have intended his children or the victim to retrieve the guns, it was not out of the "realm of possibility" or an unforeseeable consequence of his decision to leave the cabinet unlocked. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 2, 2024, Case #: 2024-Ohio-1330, Categories: Evidence, Manslaughter, Child Victims
[Consolidated.] J. Abele finds the trial court properly granted permanent custody of the children to family services. Although the parents have a bond with their children and clearly love them, they failed to remedy substance abuse issues and continued to test positive for controlled substances after the children were first removed from their custody. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 2, 2024, Case #: 2024-Ohio-1332, Categories: Evidence, Family Law
J. Ross denies the defendant consultants' motion to dismiss claims related to a fraudulent wire transfer. Several defendants named by the insurer reside in Missouri, and personal jurisdiction over the consultants is proper in Missouri because, under RICO, the insurer need only show that they have minimum contacts with the U.S.
Court: USDC Eastern District of Missouri, Judge: Ross, Filed On: April 2, 2024, Case #: 4:22cv1391, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, Fraud, Racketeering
J. Dever partially grants the North Carolina Green Party’s motion for attorney’s fees and costs in ongoing litigation against the state’s board of elections after it initially failed to qualify the party and allow candidates to run in the 2022 election. The North Carolina Democratic Party and affiliates became intervenors for the board. The party correctly accuses them of frivolously hampering its efforts to get the required number of signatures for its candidates to run and is awarded partial fees and costs based on this action alone.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 2, 2024, Case #: 5:22cv276, NOS: Voting - Civil Rights, Categories: Elections, Government, Attorney Fees