132 results for 'filedAt:"2024-04-11"'.
J. Smith conditionally grants the relator husband's petition for a writ of mandamus, in which he challenges a ruling in the lower court "refusing to enter a final judgment based on the parties' Mediated Settlement Agreement." The lower court abused its discretion when it ordered the parties "back to mediation" to reform the agreement in connection with an alleged mistake, as it was not permitted to evaluate the merits of the property division. The court also concludes that the relator has no adequate remedy by appeal.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 11, 2024, Case #: 05-23-00593-CV, Categories: Civil Procedure, Property, Settlements
Per curiam, the appellate division dismisses this appeal of the lower court's decision, which required the defendant real estate firm to repurchase a loan from the trust for $41 million plus $9 million interest. Defendant's compliance with the judgment by repurchasing the loan moots this appeal, as it would be difficult to unwind the repurchase.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 11, 2024, Case #: 02002, Categories: Real Estate, Banking / Lending
J. Hanen finds that the claims of professor who was denied a promotion after speaking out against discriminatory behavior toward women university employees can proceed to a jury trial based only on professor’s retaliation and discrimination claims. The professor cited emails in which she repeatedly pointed out gender-based discrimination to her supervisors, along with formal complaints she submitted to the university, which provide sufficient context for retaliation.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: April 11, 2024, Case #: 4:15cv2824, NOS: Employment - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
J. Tenney holds that a city's challenge to a trial court easement decision is moot. The city failed to request a stay of the grant of an easement access to a city street pending appeal, during which time the property owner spent money to create a curb-cut, pour concrete and install gates.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: April 11, 2024, Case #: 20220586-CA, Categories: Property
J. Aarons finds that the lower court properly dismissed a request to review the decision denying public records sought by plaintiff following revocation of his driver's license after he failed to attend a rescheduled hearing associated with his DUI arrest. The department of motor vehicles provided a copy of the hearing notice, and evidence did not indicate notice had been returned as undeliverable. Since revocation of the license was subsequently vacated, that issue is moot. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 11, 2024, Case #: CV-23-0289, Categories: Civil Procedure, Licensing, Public Record
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J. Christiansen Forster holds that the district court erred in concluding that a dispute over water district impact fees posed exceptional conditions requiring the appointment of a special master. The trial judge's pending retirement, the long duration of the case, Covid-19 calendar backups and a desire for relaxed rules of procedure and evidence do not warrant a special master. Furthermore, any legal complexity presented by the case will require district court determinations anyway. Reversed.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: April 11, 2024, Case #: 20220403-CA, Categories: Civil Procedure, Property
J. Reynolds Fitzgerald finds that the lower court properly found for a medical group in a cardiologist's breach of contract claims because the employment agreement contained a "termination for convenience" provision that permitted firing for no reason as long as six months' pay was provided. That he was not permitted to see patients during that six months did not violate the contract. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: April 11, 2024, Case #: CV-23-0988, Categories: Employment, Contract
Per curiam, the appellate division finds that the lower court improperly granted the man's motion for leave to file a late notice of claim against the city in a construction injury suit. The man's assertion that he did not learn the seriousness of his shoulder injury until months after the accident is not a reasonable excuse for his delay in serving a notice of claim, given that he filed a workers' compensation claim just weeks after the accident. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 11, 2024, Case #: 01998, Categories: Civil Procedure, Construction, Tort
J. Shanker reverses the trial court's contempt finding against a pro se litigant who lost her contract case against a construction company and then failed to pay the $14,000 in attorney fees, as ordered. Contempt is not an appropriate remedy for failure to pay the fees. Reversed.
Court: DC Court of Appeals, Judge: Shanker, Filed On: April 11, 2024, Case #: 21-CV-0561 , Categories: Contempt, Attorney Fees, Contract
J. Landau finds the lower court properly terminated the parental rights of a mother and father to their minor child on grounds that they knowingly placed or allowed the child to remain in conditions that endangered the child’s well-being, that she failed to comply with a court order establishing the child’s return to her custody, and that it is in the child’s best interest. The child was removed from the parent’s custody and placed into foster care after the mother set fire to the family home with the child inside, removed the child from the premises and threw the child over a fence to the ground. Despite the father's claims that he had no criminal history, an FBI background check revealed 15 criminal charges, including 13 felony convictions for identity theft. Neither parent provided verifiable proof of income, and the mother told authorities that the father had trafficked her and that she was a sex worker, a claim she later denied in addition to her previous claims of domestic violence. The lower court found the parents were unable to care for the child or provide a safe environment. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: April 11, 2024, Case #: 01-23-00765-CV, Categories: Family Law
J. Katzmann finds the United States Department of Commerce’s (Commerce) calculations of drawback adjustments for certain Turkish products are incorrect, and that Commerce failed to explain how it came to its redetermination of import duties. The matter is remanded for further consideration.
Court: Court of International Trade, Judge: Katzmann, Filed On: April 11, 2024, Case #: 24-44, Categories: Commerce
[Consolidated.] J. Bassel upholds defendant's multiple convictions for aggravated robbery and related crimes and resulting 45-year sentence. The trial court properly refused to suppress evidence found on his cell phone, as police officers are allowed to obtain non-electronic identifying information from an abandoned phone to obtain a search warrant for the phone's digital information. Affirmed.
Court: Texas Courts of Appeals, Judge: Bassel, Filed On: April 11, 2024, Case #: 02-22-00291-CR, Categories: Burglary, Search, Impersonation
Per curiam, the circuit finds the district court improperly denied the officers qualified immunity on the arrestee's unlawful prolonged arrest claim. The officers forcefully arrested the truck driver who was parked on private property behind a strip mall, napping. The driver spoke only broken English and was unsure if the officers were real police, which resulted in his resisting arrest. Though the driver says he lacked the requisite mental state to commit the offense of failure to comply, his blatant refusals to exit his vehicle, pulling away from the officers and flailing his arms illustrate his culpability. The court's denial of qualified immunity on the claims of illegal search, excessive force and failure to intervene are affirmed. Reversed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 11, 2024, Case #: 23-50268, Categories: Civil Rights, Police Misconduct
Per curiam, the Seventh Circuit finds that the lower court properly ordered the business owners to pay more than $300,000 in back taxes to the IRS, but improperly denied the IRS an injunction that would require the business owners to pay their taxes ahead of private creditors. The lower court's decision relies on the fact that the U.S. government will not face insolvency if the business owners do not pay their taxes, but this would render the law permitting the entry of an injunction totally ineffectual. The IRS may show irreparable harm because it will be unable to collect on the money judgment if the business owners persist in their refusal to pay. Reversed in part.
Court: 7th Circuit, Judge: Per curiam, Filed On: April 11, 2024, Case #: 23-1864, Categories: Tax
J. Gonzalez finds that the lower court improperly ruled over what liability a hospital has over the death of a patient who, after appearing in an emergency room with pain in her left shoulder, was not properly diagnosed with necrotizing fasciitis and died shortly after. Her estate sued the hospital, claiming it was liable for not properly diagnosing her condition, but the lower court found it was not responsible. However, under state statutes, whenever a hospital offers emergency services, it creates a "nondelegable duty" of care that the doctors are then charged with carrying out. While the doctor is there to help carry out that duty, the hospital cannot escape liability by delegating that duty to them entirely. Reversed.
Court: Washington Supreme Court, Judge: Gonzalez, Filed On: April 11, 2024, Case #: 101745-6, Categories: Negligence, Wrongful Death
J. Aarons finds that the lower court properly held that a husband's estate must turn over proceeds of a retirement plan to his wife's estate. The husband had been named sole beneficiary of the wife's pension, but he died three days after her and thus did not survive her by the 120-hour period outlined in state trust law. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 11, 2024, Case #: CV-22-1974, Categories: Civil Procedure, Social Security
J. Poissant finds that the trial court properly terminated the mother's parental rights to her son. The evidence was sufficient to support the statutory grounds regarding an endangering environment for the child and endangering conduct by the mother. For instance, the child was living with the mother in "unsanitary, deplorable conditions." Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: April 11, 2024, Case #: 14-23-00848-CV, Categories: Evidence, Family Law
J. Clifton reverses in part and affirms in part a district court judgment in a putative class action under ERISA. The class alleged that UnitedHealthcare applied a "more stringent review process" to benefits claims for outpatient, out-of-network mental health and substance use disorder treatment than to otherwise comparable medical and surgical treatments. The class adequately stated a claim for a violation of the Parity Act and dismissal on that claim and the breach of fiduciary duty claim are reversed. However, the lower court correctly dismissed claims based on a violation of the terms of the employment plan. Affirmed in part.
Court: 9th Circuit, Judge: Clifton, Filed On: April 11, 2024, Case #: 22-55761, Categories: Employment, Erisa, Health Care
J. Schock finds the lower court erred in denying anti-SLAPP special motions to dismiss an election technology employee’s conspiracy claim and properly dismissed his defamation and intentional infliction of emotional distress for allegations the Trump Campaign made during the 2020 election campaign. The defendants’ accused the employee of stating he had “made sure” President Trump would not win by taking steps to interfere with the results. A broadcaster continued sharing and tweeting “information that is so vital to understanding the systemic stealing of our election.” The court holds that the Trump Campaign may be responsible for tweets sent by Trump and his son. Therefore, the tweets are remanded for further proceeding and for determination of attorney fees and costs. Affirmed in part. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Schock, Filed On: April 11, 2024, Case #: 2024COA35, Categories: Anti-slapp, Elections, Defamation
J. Lourie finds that the district court properly ruled in this patent dispute concerning the drug Xifaxan, which is used to treat intestinal issues, on grounds that the claims were invalid for obviousness. Affirmed.
Court: Federal Circuit, Judge: Lourie, Filed On: April 11, 2024, Case #: 22-2153, Categories: Patent
Per curiam, the court vacates this settlement agreement that a jury decided in favor of the former employee for more than $1.5 million after he was wrongfully terminated from the county. The employee argued that, as a serviceman, his Uniformed Services Employment and Reemployment Rights Act claims should be litigated, but that the settlement agreement had been presented as a “take it or leave it.” The case is remanded so a jury can determine whether the settlement agreement outweighs the Act. Vacated.
Court: 6th Circuit, Judge: Per curiam, Filed On: April 11, 2024, Case #: 22-6054, Categories: Employment, Jury, Settlements
J. Sippel finds for the subcontractor in a contract dispute with a general contractor seeking to recover costs after it terminated the subcontractor from a construction project. The general contractor is not entitled to recover any excess costs under the contract because it did not provide written notice to the subcontractor of why it was being kicked off the project as required by the contract.
Court: USDC Eastern District of Missouri, Judge: Sippel, Filed On: April 11, 2024, Case #: 4:22cv1105, NOS: Other Contract - Contract, Categories: Construction, Contract
J. Orme finds that the district court properly upheld a city's denial of a retail tobacco specialty business license. The legislature delegated licensing authority to the city and statute forbids the operation of a retail tobacco specialty business without a license. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: April 11, 2024, Case #: 20220101-CA, Categories: Municipal Law, Zoning
J. Harris finds the trial court improperly sanctioned a father for failing to timely disclose a tax return before a child support modification trial. The trial court could have prohibited his use of the tax return in modification proceedings, but went too far in barring him from introducing other income evidence or a rebuttal to the mother's evidence. Vacated.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: April 11, 2024, Case #: 20220534-CA, Categories: Family Law, Sanctions, Discovery
J. Lynch finds that the workers' compensation board properly held that a nurse technician suffered a temporary partial disability in a job-related accident because medical experts supported the finding despite the nurse's contention that she was fully disabled. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: April 11, 2024, Case #: CV-22-2147, Categories: Workers' Compensation