136 results for 'filedAt:"2024-04-03"'.
J. Lewis finds that the trial court improperly ruled in part against a university accused of charging application and orientation fees that exceeded the maximum allowed under Florida statutes because the board was entitled to immunity on declaratory judgment claims. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Lewis, Filed On: April 3, 2024, Case #: 1D2021-1857, Categories: Education, Immunity, Contract
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J. Willett finds the district court properly ruled in favor of the construction retaining wall manufacturer. The successor to the company that purchases and sells the walls says the manufacturer defrauded the original company by selling certain products to competitors. The successor seller brought its claims after limitations. Once the manufacturer allegedly breached the exclusivity agreement, the seller had an actionable claim. Any subsequent third-party sales would have only added to existing damages. The limitations period began to run upon the initial alleged breach. Affirmed.
Court: 5th Circuit, Judge: Willett, Filed On: April 3, 2024, Case #: 23-50123, Categories: Fraud, Contract
J. Artau finds that a father should be granted a writ of prohibition in child custody claims since the judge demonstrated significant bias against the father based on the father's opposition to his minor child's intention to undergo gender transitioning prior to adulthood, as the judge's opinion threatened to interfere with the father's right to make parental decisions.
Court: Florida Courts Of Appeal, Judge: Artau, Filed On: April 3, 2024, Case #: 4D2023-1825, Categories: Family Law, Judiciary
J. Myren finds that the circuit court properly entered conviction after defendant pleaded guilty to second-degree rape. Defendant contends the circuit court improperly denied his motion to withdraw his guilty plea because of his “lack of communication with his trial lawyer.” Defendant affirmed to the circuit court that he voluntarily and knowingly entered the plea agreement without coercion and with a complete understanding of its ramifications and the rights he would be waiving. Affirmed.
Court: South Dakota Supreme Court, Judge: Myren, Filed On: April 3, 2024, Case #: 2024SD17, Categories: Sex Offender, Plea
J. Ortego finds that the workers' compensation judge improperly denied the employer's motion for summary judgment as to an oilfield surveyor's claim after he allegedly contracted Covid-19 on the job. The surveyor did not give evidence that his contracting of Covid-19 "was the result of the particular nature of the work performed." Reversed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: April 3, 2024, Case #: WCW-23-454, Categories: Employment, Workers' Compensation
J. Perry finds that defendant was properly convicted of murder and possession of a firearm by a convicted felon stemming from the shooting death of a victim who was a paraplegic. Defendant's threatening actions towards the victim before the shooting and other evidence was sufficient to refute his claim that the homicide was justified. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: April 3, 2024, Case #: KA-23-554, Categories: Firearms, Murder, Self Defense
J. Murphy finds the trial court improperly denied the refrigeration installer's request for a preliminary injunction. The installer alleges a noncompete agreement was violated by the other refrigeration equipment installer. The circuit court erroneously failed to consider Arkansas Code's covenant-not-to-compete statute as it relates to what constitutes irreparable harm. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 3, 2024, Case #: CV-23-158, Categories: Due Process, Contract, Injunction
J. Hixson finds the circuit court properly denied the mother's motion to modify child support. The mother alleges the father had not visited their older children, and that she fully supports them without his help. She says that even though the court granted joint custody, the father had not abided by the order, and should not have the benefit of an offset for his support. The order did not require the father have visitation with the older children, and the mother has not argued there has been any material change in circumstances as required for modification. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: April 3, 2024, Case #: CV-23-192, Categories: Family Law, Guardianship
J. Thyer finds the circuit court properly denied the cable service provider's motion to compel arbitration, granting the city's motion for class certification. The provider's predecessor agreed to pay the city an annual franchise fee to establish a system, including the right to erect and use equipment in the city's public rights-of-way. The city filed the action alleging the provider failed to pay the fee, and also did not maintain minimum standards of conduct for its customers. The franchise agreement with the city and the residential services agreement with customers are separate agreements. No valid arbitration agreement exists. Exhibits showing commonality were properly admitted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: April 3, 2024, Case #: CV-22-808, Categories: Arbitration, Communications, Municipal Law
Per curiam, the appellate division finds that the lower court properly denied the restaurant's motion to dismiss claims stemming from a woman's trip and fall on a hose on the sidewalk abutting the property. The restaurant hired the oil clean-up company whose hose lay across sidewalk, and this conduct may qualify as making "special use" of the sidewalk, exposing the restaurant to liability. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 3, 2024, Case #: 01835, Categories: Property, Tort
J. Watters dismisses all employment claims from a former nurse manager who says she was subjected to abuse while working for the Department of Veterans Affairs. This is the second suit the former nurse has brought against the same parties over the same allegations, the first suit of which was dismissed. This suit fails as well, due to the fact that her prior suit bars these claims under the doctrine of claim preclusion.
Court: USDC Montana, Judge: Watters, Filed On: April 3, 2024, Case #: 1:23cv116, NOS: Other Labor Litigation - Labor, Categories: Employment
Per curium, the circuit court finds that the lower court properly denied defendant's request for compassionate release due to his father's poor health and need for a caregiver. Defendant, who sexually abused his minor niece for years, failed to establish that he was eligible for relief. Affirmed.
Court: 11th Circuit, Judge: Per curiam, Filed On: April 3, 2024, Case #: 22-13699, Categories: Sex Offender
J. Mooney finds the trial court properly admitted a photograph allegedly showing defendant signed a U-Haul contract. “Exclusion of the duplicate solely because defendant denied that she signed it would have removed that evidence from the jury’s consideration, essentially usurping the jury’s role and weighing that piece of evidence for them.” Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 3, 2024, Case #: A177721, Categories: Evidence, Vehicle
J. Mooney finds the juvenile court erred in changing the permanency plan for father’s son from reunification to adoption. “There was no evidence presented of any effort made by DHS to assist father with his impulse control issues, or to better understand [the child’s] emotional needs and build trust with him.” Reversed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: April 3, 2024, Case #: A182039, Categories: Evidence, Family Law
J. Aoyagi finds the circuit court properly affirmed county code infractions that prohibit an individual from owning an animal for five years. “Plaintiff has not identified any permissible review function that has been hindered by the hearing officer’s failure to explain her penalty choice.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: April 3, 2024, Case #: A180356, Categories: Animal Cruelty
J. Simon grants the business entities' motion to vacate the arbitration award, which came from the coffee shop retail chain's petition to have the business entities resolve geographic territory and franchise agreement disputes via arbitration. The arbitrator proceeded with the case despite knowing that a court would be resolving the question of who had the authority to determine whether the business entities were subject to arbitration.
Court: USDC Oregon, Judge: Simon, Filed On: April 3, 2024, Case #: 3:20cv976, NOS: Arbitration - Other Suits, Categories: Arbitration, Contract
J. Erickson finds a lower court improperly calculated a defendant's restitution order after he pleaded guilty to wire fraud. The government argued that the amount of restitution imposed on the former bookkeeping employee was reasonable based on his theft of company checks and his attempt to double his income by stealing from his employer. However, the defendant sufficiently showed in court that he sold his shares in the company to offset the amount of the loss, which entitled him to a reduction by $50,000. Reversed.
Court: 8th Circuit, Judge: Erickson, Filed On: April 3, 2024, Case #: 23-2173, Categories: Fraud, Restitution, Employment