122 results for 'filedAt:"2024-04-16"'.
J. Robertson denies social and emotional education companies’ motion to stay resolution of cross-motions for summary judgment pending further discovery. The curriculum developer filing for partial summary judgment against the companies was wrong not to provide certain emails during non-expert discovery, but the companies fail to show why they can’t oppose the developer’s partial motions for summary judgment without further discovery.
Court: USDC Massachusetts, Judge: Robertson, Filed On: April 16, 2024, Case #: 3:19cv30032, NOS: Trademark - Property Rights, Categories: Education, Trademark, Discovery
J. Ellington finds that the trial court properly convicted defendant of murder, cruelty to children and possession of a knife during the commission of a felony for the stabbing death of his sister. The trial court correctly admitted evidence that defendant had attacked another sister two months before the murder. The evidence was relevant to show that defendant had committed a similar intentional act and to counter defendant's claim that he stabbed the victim while in a "trance." The trial court correctly refused to charge the jury on voluntary manslaughter because the evidence did not support the instruction. Affirmed.
Court: Georgia Supreme Court, Judge: Ellington, Filed On: April 16, 2024, Case #: S24A0092, Categories: Murder, Child Victims
J. Bennett denies Under Armour and its founder, as well as the stockholders suing them, their motions to exclude expert testimony and opinions of expert witnesses in this securities class action. The court finds that two of Under Armour’s witnesses are precluded from certain portions of their opinions, but may exclude those and testify the rest. The witnesses all should describe the opinions as to their scientific, technical or other specialized knowledge based on sufficient facts and evidence.
Court: USDC Maryland, Judge: Bennett, Filed On: April 16, 2024, Case #: 1:17cv388, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Evidence, Securities, Experts
J. Cogburn partially grants an incarcerated trans woman’s renewed motion for summary judgment in her suit against North Carolina’s Department of Public Safety after it denied her request for gender-affirming surgery. A doctor on the state’s Division Transgender Accommodation Review Committee stated that gender-affirming surgery would never be a medical necessity to treat gender dysphoria, although the state has recognized gender dysphoria as a serious mental health issue that may require such surgery. By having stated “never,” the doctor has violated the woman’s Eighth Amendment right requiring prison administrators to give individualized medical evaluation to incarcerated people’s treatment requests. The department of public safety must either grant the woman’s request or form a new committee excluding this particular doctor.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 16, 2024, Case #: 3:22cv191, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Lgbtq, Prisoners' Rights
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Per curiam, the Georgia Supreme Court rejects attorney Paul Jason York's petition for voluntary discipline following his admission to violating the Georgia Rules of Professional Conduct. The attorney forged the signatures of a judge and an assistant district attorney on a court order purportedly authorizing the removal of his client's ankle monitor. The special master's recommendation that the attorney receive a three-year suspension is not appropriate. The attorney's criminal forgery charges remain pending and his pre-trial diversion agreement does not expire until at least August 2025.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: April 16, 2024, Case #: S24Y0285, Categories: Judiciary, Attorney Discipline
J. Whitney denies in part Wells Fargo’s motion for summary judgment on allegations of ADA violations brought by a former senior sales securities manager the bank laid off during the Covid-19 pandemic. The manager relocated from Los Angeles to Charlotte during the pandemic and requested a work-from-home accommodation, as he was concerned the new office’s bathroom set up would not be able feasible for him. The bank began layoffs after losing money during the pandemic and claims that because the manager’s annual salary, at $2.6 million, was the highest of all managers at that office, it needed to lay him off. The manager claims the bank discriminated against him because of his disability. Because there is still a genuine dispute of fact concerning whether and how the bank discriminated against the manager, summary judgment is denied and the manager’s claims survive.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: April 16, 2024, Case #: 3:23cv160, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. McMillian finds that the trial court properly convicted defendant of murder and possession of a firearm in the commission of a crime. Sufficient evidence was presented to support defendant's convictions and to show that defendant was a party to the crimes. Affirmed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: April 16, 2024, Case #: S24A0068, Categories: Firearms, Murder
J. Landau finds the lower court properly rendered judgment for a buyer in this matter concerning possession of real estate. A borrower secured a loan by deed of trust, and when he stopped paying on the loan, the lender followed through with a foreclosure sale of the property. The borrower refused to vacate the property, so the buyer sued for possession, which the lower court granted. The borrower argues the lower court did not have jurisdiction over the matter because the district court had to resolve title first; the instant court disagrees and finds the lower court had jurisdiction over the matter. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: April 16, 2024, Case #: 01-22-00677-CV , Categories: Real Estate, Jurisdiction, Foreclosure
J. Rivas Molloy finds the lower court properly denied a doctor’s motion to dismiss in this matter of alleged healthcare liability. After the doctor performed breast reconstruction surgery, a patient experienced blisters and skin infections that required surgical removal of foreign bodies from the breasts, wound care, and antibiotics. The doctor argues that the patient’s expert did not provide a sufficient statement, therefore the matter should be dismissed, but the instant court finds the expert’s statement sufficient as it clarifies the patient should have never been a candidate for the procedure due to her history of difficulty and complications healing. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas Molloy, Filed On: April 16, 2024, Case #: 01-23-00602-CV , Categories: Health Care, Negligence, Experts
J. Stadtmueller grants a patient’s motion to compel discovery. The patient has opioid disorder and insomnia, and was under care when he was arrested for driving while intoxicated. While detained in the county jail, he received none of his medications, as according to jail medical staff, methadone is not prescribed for inmates under any circumstances, and he was not permitted to leave the jail to receive treatment at a methadone clinic. The patient claims denial of treatment resulted in him experiencing extreme withdrawal. The patient requested discovery that the county objected to on grounds that it violated the Health Insurance Portability and Accountability Act (HIPAA), and that the requests were overly vague. But the instant court finds the discovery request relevant to the patient’s case and does not immediately see issues with HIPAA.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: April 16, 2024, Case #: 2:23cv873, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Civil Procedure, Health Care, Discovery
J. Arterburn finds the trial court properly convicted defendant for criminal mischief. Surveillance video from the vandalized outpatient clinic, which was properly admitted, showed defendant breaking windows. All sentencing factors involving the costs incurred by the clinic and defendant's record of previous offenses were properly and fully considered. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 16, 2024, Case #: A-23-510, Categories: Evidence, Sentencing, Vandalism
Chancellor McCormick dismisses shareholder derivative claims contending JPMorgan Chase board members breached fiduciary duties by failing to address fraud on electronic money transfer platform Zelle because the shareholder's red-flag "Caremark" claim neither raises cogent allegations nor presents supporting inferences of liability.
Court: Delaware Chancery Court, Judge: McCormick, Filed On: April 16, 2024, Case #: 2023-0522-KSJM, Categories: Fiduciary Duty
J. Walker finds that the district court improperly granted a preliminary injunction barring New York City from using the phrase "medical special operations" in conferences organized for first-responders, as sought by the rescue paramedic who initially brought the idea to the city after he parted ways with organizers. The paramedic had registered the phrase with the patent office, but the phrase was merely descriptive.
Court: 2nd Circuit, Judge: Walker, Filed On: April 16, 2024, Case #: 23-325-cv, Categories: Trademark
[Modified.] J. Streeter makes three minor modifications and denies a rehearing with no change in judgment. The lower court properly interpreted an inventory claim in this insurance matter, but not the loss of business income. A cannabis business suffered losses after a robbery, and filed a claim with the insurance company for $2.5 million of lost inventory. The inventory was stolen from two vaults, and the business argues it should be two inventory claims with a $600,000 limit for each claim, but the insurance company argues it is one claim with a limit of $600,000. The lower court found the interpretation of a single claim to be correct, and the instant court agrees, but it finds the portion of the claim concerning lost business income may not have been properly calculated, and remands that portion of the matter for further consideration. Reversed in part.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: April 16, 2024, Case #: A167491, Categories: Insurance
J. Bencivengo finds that a woman whose conviction for murdering her husband with a hammer was vacated may pursue civil rights claims against the County of San Diego and certain police officers. The woman sufficiently alleges that the county crime lab mishandled evidence and produced "at least four error ridden forensic reports." Her allegations that the crime lab was not accredited and had no manual for the proper handling of evidence are also sufficient to bring Monell claims against the County.
Court: USDC Southern District of California, Judge: Bencivengo, Filed On: April 16, 2024, Case #: 3:23cv1045, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Poissant finds that the trial court was mostly correct when it entered a final decree of divorce for the parties, except as to its determination of the ex-husband's child support arrearage. The evidence shows the ex-husband paid some of the child support during the relevant period, so his arrearage should be lowered from $61,625 to $52,625. Reversed in part.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: April 16, 2024, Case #: 14-22-00762-CV, Categories: Civil Procedure, Family Law
J. Zimmerer finds that the trial court improperly dismissed healthcare liability claims against the medical center. The family members' expert report sufficiently states the causal relationship between the alleged breaches of the standard of care that led to the death of the decedent from septic shock. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 16, 2024, Case #: 14-22-00911-CV, Categories: Health Care, Experts
J. Jewell finds that defendant was properly convicted of murder for the shooting death of a victim in a shopping center parking lot. The circumstantial and forensic evidence, which included bullets recovered from the area of the shooting, was sufficient to support defendant's conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: April 16, 2024, Case #: 14-22-00561-CR, Categories: Evidence, Murder, Self Defense
J. Fitzwater orders a city that subpoenaed information from another city that is a non-party in the underlying case to meet and confer with the non-party city to reduce the scope of the request. Subpoenas of non-parties must not be overly burdensome but, because the information sought may be of value to the case, the non-party city’s motion to quash is denied at this time.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: April 16, 2024, Case #: 3:22cv2154, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, Property, Discovery
J. Colvin finds that the trial court properly convicted defendant of murder, aggravated battery, violating the Street Gang Terrorism and Prevention Act and other offenses. Any error the trial court committed in barring defendant from making a closing argument about the sentences his co-defendants avoided by pleading guilty was harmless in light of the overwhelming evidence of defendant's guilt. Defendant admitted to stabbing the victim and another witness testified that defendant told her he shot the victim. The trial court correctly overruled defendant's objection that the prosecutor personally attacked his counsel during closing arguments in saying that the defense's theory of the case insulted the victim's memory. However, the trial court incorrectly failed to merge some of the counts against defendant for sentencing. Affirmed in part.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: April 16, 2024, Case #: S24A0125, Categories: Murder, Sentencing, Gangs
J. Ginsburg upholds defendant's conviction for being a felon in possession of a firearm. Contrary to defendant's argument, the trial court was not required to suppress evidence, as the officers' protective pat-down search was justified. Affirmed.
Court: DC Circuit, Judge: Ginsburg, Filed On: April 16, 2024, Case #: 22-3024 , Categories: Evidence, Firearms, Search