144 results for 'filedAt:"2024-04-26"'.
J. Fitzwater finds that an insurance company’s claim that it is entitled to recission of a policy because the policy holder misrepresented circumstances related to a building damaged by a tornado cannot be decided at summary judgment. Whether or not the policy holder misrepresented the circumstances of the damage must be determined at trial. The insurance company’s motion for summary judgment is denied.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: April 26, 2024, Case #: 3:20cv3718, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
J. Bennett finds the lower court properly found in favor of a store in this matter of alleged premises liability, tort and workers' compensation. A sales representative was injured when a barn door track fell out of a display and struck him on the head. He filed for and received workers’ compensation from his employer, but seeks relief from the store on grounds that it was negligent in maintaining the display and created the hazardous condition that caused his injury. The lower court found the store to be a principal contractor and immune from tort liability, it also found it to be a statutory employer. As a statutory employer, it is responsible for workers’ compensation only if the primary employer cannot. Because the primary employer provided workers’ compensation to the sales representative, the store is not responsible. The lower court also found and the sales representative’s negligence claim lacked merit. The instant court finds no issue with the lower court’s findings. Affirmed.
Court: Tennessee Court of Appeals, Judge: Bennett, Filed On: April 26, 2024, Case #: M2023-00249-COA-R3-CV, Categories: Tort, Premises Liability, Workers' Compensation
J. Horan finds that a company that repeatedly attempted to deliver a summons regarding an arbitration claim has not met requirements for a substituted service by email. The company attempted to serve the documents at several prior addresses but failed to identify a current address for the intended recipient. The motion to serve by email is denied at this time, but the company’s service deadline is extended.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: April 26, 2024, Case #: 3:23cv2642, NOS: Arbitration - Other Suits, Categories: Arbitration, Civil Procedure
J. Swiney finds the lower court properly dismissed defendant’s petition for writ of mandamus on grounds that it lacked subject matter jurisdiction. Defendant was convicted of first degree murder and attempted first degree murder, and sentenced to life imprisonment. He filed his petition with a chancery court, asking for the judgment to be expunged, as it was not properly endorsed with the date received. Though defendant argues he filed the petition for the court to compel the clerk of the criminal court to expunge what he claims is an illegal sentence, the lower court found that he was effectively challenging the legality of his sentence, which is outside the authority of the trial court; the instant court agrees. Affirmed.
Court: Tennessee Court of Appeals, Judge: Swiney, Filed On: April 26, 2024, Case #: M2023-01016-COA-R3-CV, Categories: Murder, Sentencing, Jurisdiction
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J. Lake finds that class action claims by a dental office customer, who received text messages and calls from the dental office even though he requested to be added to the “do not call list,” cannot proceed because the claims fall under an arbitration agreement. The customer of the dental office signed an arbitration agreement when he first engaged the dental office for services. The dental office’s motion to strike the class allegations and its motion to compel arbitration are granted.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 26, 2024, Case #: 4:23cv3460, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Arbitration, Communications, Consumer Law
J. Walker finds that the lower court improperly denied the foster parents' motion to stay the change of placement of two child in their care. The foster parents were not given a chance to address the court at a second hearing on the children's placement before the court ordered the children removed from the foster home where they had lived for the last five years. Reversed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: April 26, 2024, Case #: 231670, Categories: Family Law
J. Greene finds that the lower court improperly sustained exceptions of no cause of action, nonjoinder of parties and vagueness and ambiguity of a petition for accounting brought by a son who is the administrator of his mother’s estate. The son alleged there was money missing from his mom’s estate, that he believes she had dementia and that he believed one of his siblings either possessed or could help locate the missing funds. Reversed.
Court: Louisiana Court Of Appeal, Judge: Greene, Filed On: April 26, 2024, Case #: 2023 CA 0873, Categories: Wills / Probate
[Consolidated.] J. Crain finds that the trial court should not have denied incorporation of the proposed City of St. George after voters approved the incorporation. The record supports the "reasonableness" of the incorporation as it relates to Baton Rouge because St. George is an identifiable area with a thriving business community, its own fire department, and the desire for its own school district. Further, the economic and population growth is unique to St. George and not dependent on Baton Rouge. Also, Baton Rouge can be positively affected by St. George’s growing population since money will stay in the parish, and the record shows that St. George can provide public services within a reasonable period of time. Reversed.
Court: Louisiana Supreme Court, Judge: Crain, Filed On: April 26, 2024, Case #: 2023-C-01108, Categories: Government, Contract
J. Nathan finds that the district court improperly granted injunctive relief to internet providers opposed to a new law that requires reduced broadband costs for qualifying New York households. The companies' federal preemption defenses cited the 1996 telecommunications act and a 2018 regulatory order classifying broadband as an information service, but neither of which were meant to exclude states from rate regulation. Reversed.
Court: 2nd Circuit, Judge: Nathan, Filed On: April 26, 2024, Case #: 21-1975-cv, Categories: Preemption, Consumer Law
J. Garcia finds that the lower court improperly granted declaratory relief to the appellee in this breach of contract lawsuit arising from a supplier subcontractor agreement. The evidence shows that a certain email termination was effective "under the substantial-compliance doctrine." The appellant does not establish, however, that the termination defeated the appellee's contract claims. Reversed in part.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: April 26, 2024, Case #: 05-22-00752-CV, Categories: Evidence, Contract
J. Gaziano affirms in part the granting of summary judgment mandating disclosure of documents requested by a man whose brother was fatally shot by police after he violently resisted arrest. The privacy exemption does not apply to documents related to police misconduct investigations, and whether or not documents count as being related to a police misconduct investigation is not limited to cases where officers are found guilty of misconduct. Affirmed.
Court: Massachusetts Supreme Court, Judge: Gaziano, Filed On: April 26, 2024, Case #: SJC-13468, Categories: Discovery, Police Misconduct
J. Edwards finds that the lower court improperly assessed costs against the prospective adoptive parents in this case involving their adoption petition and the biological mother's withdrawal of consent. The amount of the award is not supported by the record. The case is remanded for the lower court "to itemize the costs it assessed against the prospective adoptive parents and to permit them, if necessary, to challenge any particular costs." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: April 26, 2024, Case #: CL-2023-0572, Categories: Evidence, Family Law, Attorney Fees
J. Lewis finds that the lower court properly terminated the mother's parental rights to the child. The mother contends that the lower court erred by denying her attorney's oral motion for a continuance. However, she failed to preserve her due process argument for appellate review. Additionally, the ruling was not an abuse of discretion. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Lewis, Filed On: April 26, 2024, Case #: CL-2023-0765, Categories: Civil Procedure, Family Law
J. Males finds a lower court properly dismissed a married couple's contract claims against a cruise company. The married couple argued that they are entitled to a refund after the cruise operators switched routes from Northwest passage of Canada to the west coast of Greenland, claiming that the "experience was hell." However, the cruise company sufficiently showed in court that the couple did not cancel plans when the route was modified. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Males, Filed On: April 26, 2024, Case #: CA-2023-623, Categories: Damages, Contract
J. Luckert finds a lower court properly dismissed a defendant's wrongful conviction claims against the state. The defendant, who was sentenced to time served for the shooting death of another person, argued that he is entitled to compensation for a conviction and prison term for involuntary manslaughter. However, the state presented sufficient evidence in court that he is not entitled to monetary relief for his own conduct and conviction. Affirmed.
Court: Kansas Supreme Court, Judge: Luckert, Filed On: April 26, 2024, Case #: 126062, Categories: Firearms, Sentencing, Manslaughter
Per curiam, the court of civil appeals grants the law firm's petition for a writ of mandamus, in which it challenges a nonparty subpoena requiring the firm to provide the password to a certain iCloud account. The court does not grant "the specific relief requested," but it directs the lower court to either quash or modify the subpoena "in accordance with this opinion." Without modification, the subpoena would provide access to confidential communications that are protected under the attorney-client privilege.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: April 26, 2024, Case #: CL-2023-0811, Categories: Civil Procedure, Discovery, Privilege
J. Gustafson finds that the trial court properly held that faculty and student organizations have constitutional and prudential standing to challenge the constitutionality of recent legislation regarding college students. The groups' roles in higher education are sufficient to support their argument that bills regulating student organizations and student speech will cause ongoing injury from discrimination and lack of recourse. A student organization showed it would be injured by a bill limiting the places where student organizations can register students to vote through "opt-out" fee assessments. And representative groups showed that the "Save Women’s Sports Act,” which would regulate the biological sex of student athletes, will cause injury by excluding transgender athletes from participation. The Act infringes on the Board of Regents’ authority under the Montana Constitution to determine the priorities of the Montana University System, and the state concedes that the other two bills are also unconstitutional. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: April 26, 2024, Case #: DA 22-0586, Categories: Constitution, Elections
J. Simons finds that the trial court improperly ordered defendant to pay restitution after the end of her two-year mental health diversion period. Even though a mental health diversion does not end with a conviction, the trial court could have imposed restitution at the time it entered the diversion order and ordered its payment during diversion. Reversed.
Court: California Courts Of Appeal, Judge: Simons, Filed On: April 26, 2024, Case #: A166452, Categories: Restitution, Restraining Order
J. Millett upholds the district court's order quashing seven victims' writs of execution pertaining to their efforts to attach assets held by the World Bank to satisfy multi-million-dollar default judgments they received on their claims arising from terrorist attacks. The World Bank has statutory immunity under the International Organizations Immunities Act and Foreign Sovereign Immunities Act. Affirmed.
Court: DC Circuit, Judge: Millett, Filed On: April 26, 2024, Case #: 22-7134 , Categories: Terrorism, Immunity, Enforcement Of Judgments
J. Mcnulty grants the government's motion for summary judgment. The contractor contracted to build a new roof for the San Diego Naval Base Commissary. Requests for materials price increases were denied, being the contract was fixed price, and the contractor submitted a claim for $452,108 for materials price escalations. The claim is not dependent on whether the government was late in issuing the notice to proceed, due to COVID delays. The contractor's constructive change theory based on delays would be considered a new claim that the board does not have jurisdiction to consider.
Court: Armed Services Board Of Contract Appeals, Judge: Mcnulty , Filed On: April 26, 2024, Case #: 63631, Categories: Government, Contract
J. Fallon compels a biotechnology company to produce unredacted copies of certain communications between non-attorneys and portions of a lab notebook in patent infringement claims concerning non-invasive prenatal testing technology, and denies all other requests to compel documents.
Court: USDC Delaware, Judge: Fallon, Filed On: April 26, 2024, Case #: 1:20cv1734, NOS: Patent - Property Rights, Categories: Patent, Discovery