J. Silva finds that the lower court properly terminated the parental rights of the mother to her two children. Contrary to the mother's arguments on appeal, the evidence sufficiently supports the statutory grounds for termination and the lower court's best interest finding. There was evidence of drug use by the mother while she was pregnant. There was also evidence that she failed to complete her service plan and testimony that the children's current foster placement is with a "loving home." Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: April 25, 2024, Case #: 13-23-00591-CV, Categories: Evidence, Family Law
J. Mortensen finds that the trial court properly rejected claims for access to a road across a ranch property and quieted title in favor of the ranch. The road was not public under the dedication statute since only a small subset of the public ever had access, and they actively tried to prevent other members of the public from using it. And no convincing evidence showed a historical public use. A prescriptive easement argument also failed because the adverse mental state was belied by requests for keys and permission to access the road. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: April 25, 2024, Case #: 20220432-CA, Categories: Property
Per curiam, the Ninth District denies the inmate's petition for a writ of mandamus. The inmate seeks to compel the trial court to provide file-stamped copies of documents involving tax sale proceeds for which he is an heir. He fails to explain why not having file-stamped documents, or a response from the clerk acknowledging their filing, prevents him from proceeding to a disposition of his motion for release of the proceeds.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 25, 2024, Case #: 09-23-00335-CV, Categories: Tax, Wills / Probate, Prisoners' Rights
J. Wood finds the circuit court properly disqualified defense counsel from the underlying incest/sexual assault of a child case. The attorney and his firm were disqualified because one of the firm's attorneys had worked as a deputy prosecutor on a matter involving the same alleged victim and defendant. No timely screening of the attorney was made, or prompt notice given according to dictates of the Arkansas Rules of Professional Conduct. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: April 25, 2024, Case #: CR-23-630, Categories: Due Process, Attorney Discipline
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J. Hixon finds the district court improperly entered summary judgment in favor of the law firm in this attorney fee dispute. The partnered law firm sought declaratory judgment regarding the enforceability of a fee-splitting/referral agreement, bringing multiple contract and fraud-based allegations, and seeking damages for alleged nonpayment. Though the agreement and associated contracts do not comply with requirements of a particular rule of professional conduct, the rule may not be used as a defense. Summary judgment on cases not litigated by the attorney was properly entered. Affirmed in part. Reversed in part.
Court: Oklahoma Courts Of Appeal, Judge: Hixon , Filed On: April 25, 2024, Case #: 120999, Categories: Attorney Fees, Contract
J. Baker finds that the trial court improperly ruled in a dispute over a non-compete agreement by failing to consider the disservice that would be done to the public by enforcing the agreement on a doctor, which would deprive him from serving patients. The hospital does not possess other doctors practicing the same specialty, and thus the restrictive agreement does nothing but prevent the doctor from practicing in a specific area. Reversed.
Court: Indiana Court Of Appeals, Judge: Baker, Filed On: April 25, 2024, Case #: 23A-PL-2111, Categories: Employment, Contract
J. Schreier grants a motion for leave to proceed after an individual filed a pro se lawsuit under the False Claims Act. The action is sealed because the individual alleges it is a qui tam action, but the court wrote that it does not appear that the individual has served the government with a copy of his complaint and a written disclosure of substantially all material evidence. The matter stems from a dispute over car repairs at a shop in Worthington, Minnesota.
Court: USDC South Dakota, Judge: Schreier, Filed On: April 25, 2024, Case #: 4:23cv4189, NOS: Qui Tam (31 U.S.C. § 3729(a)) - Torts - Personal Property, Categories: Fraud, Vehicle
J. Wood finds that the lower court properly dismissed the property owners' federal suit seeking to challenge the propriety of the village's taking of their land via eminent domain. The owners never challenged the validity of the taking in their state court action, only challenging the compensation given to them. They cannot now seek a "do-over" on their takings challenge by filing in federal court. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: April 25, 2024, Case #: 23-1678, Categories: Property, Jurisdiction
J. Dyk finds that the claims court improperly ruled against an Indian tribe in various claims concerning water rights and water related infrastructure because the Tucker Act sufficiently establishes the U.S.'s duty to properly manage existing water infrastructure. Reversed in part.
Court: Federal Circuit, Judge: Dyk, Filed On: April 25, 2024, Case #: 2021-1880, Categories: Property, Native Americans, Water
J. Byrne finds that the trial court properly ruled against a father in a divorce case. The father challenges the court's decision to give the mother the right to choose the children's place of residence, alleging that past instances where the children were injured in the mother's care placed them at risk. The mother's testimony and evidentiary record refute the father's claims. Having failed to show that being placed with their mother would not be in the children's best interest, the trial court correctly ruled against the father. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: April 25, 2024, Case #: 03-22-00290-CV, Categories: Family Law
J. Byrne finds that the trial court properly ruled against a truck driver who collided with a vehicle that was disabled on the shoulder of the highway. The truck driver sued the other driver and his employer, alleging negligence due to his failure to place reflective cones behind his disabled vehicle. Despite the truck driver's arguments to the contrary, the exclusion of the on-scene trooper's testimony did not lead to an improper judgment. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: April 25, 2024, Case #: 03-23-00266-CV, Categories: Tort, Vehicle
J. Kelly finds that the trial court properly convicted defendant, the owner of a group home, of indecency with a child. Defendant argues that it was not her who took advantage of the 5-year-old victim, but she who was the victim. Reviewing the evidence, the trial court used its common sense to conclude that it was defendant, an adult woman, who caused the child to touch her sexual organs. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: April 25, 2024, Case #: 03-22-00697-CR, Categories: Sex Offender, Child Victims
J. Norris grants in part the competing motions for summary judgment in this lawsuit concerning coverage under an insurance policy. The underlying matter involves a former employee's alleged violation of the plaintiff paper company's conflict of interest policy and the subsequent settlement agreement. The plaintiff paper company's motion is granted as to certain affirmative defenses asserted by the defendant insurance company.
Court: USDC Western District of Tennessee , Judge: Norris, Filed On: April 25, 2024, Case #: 2:22cv2789, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
J. Lawrence finds that the lower court properly dismissed the complaint in this declaratory judgment action concerning certain immunization requirements for emergency medical service workers. Contrary to the appellants' argument on appeal, "the EMS Board did not exceed its statutory authority in issuing the EMS immunization rule." Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: April 25, 2024, Case #: 2024ME30, Categories: Administrative Law, Health Care
J. Garcia finds that the lower court properly entered an order in this suit to modify the parent-child relationship. The order required the mother to pay child support to the father, and the mother now argues that the evidence was insufficient to establish "a material and substantial change of circumstances." However, the record does not contain certain interviews, and there is a presumption that "the missing evidence supports the trial judge's finding." Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: April 25, 2024, Case #: 05-23-00392-CV, Categories: Evidence, Family Law
Per curiam, the appellate division finds that attorney Vilas Dhar of Florida may be reinstated following his October 2021 suspension for failing to meet registration requirements and simultaneously grants him leave to resign from the New York bar for nondisciplinary reasons.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-74-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Catherine Sunae Shin may be reinstated following her October 2021 suspension for failing to meet registration requirements since she demonstrated compliance with the suspension order and possessed the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-73-24, Categories: Attorney Discipline
J. Brobson finds that the commonwealth court improperly held that Pennsylvania constitution delegated unfettered authority to natural gas distribution companies to determine the location of gas meters in historic districts. The Pennsylvania General Assembly never enacted a statute imposing any duty on the commission to locate gas meters in historic districts. Reversed.
Court: Pennsylvania Supreme Court, Judge: Brobson, Filed On: April 25, 2024, Case #: J-70-2023, Categories: Civil Procedure, Constitution, Government
J. Donohue finds that the superior court improperly backed the trial court’s order of summary judgment in favor of a pair of parents ordering Nationwide to defend them under their homeowners insurance policy against wrongful death of one of their son’s friends who died of a fatal drug
overdose at their home. The interpretation that Nationwide owed a duty to defend in the underlying lawsuit because emotional and mental distress damages in the wrongful death claims were not bodily injuries was erroneous as a matter of law. Reversed.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: April 25, 2024, Case #: J-39-2023, Categories: Civil Procedure, Insurance, Damages
J. Garcia finds that the appellate division properly dismissed employment discrimination, hostile work environment, and retaliatory termination claims an adjunct professor brought against the university, its administrators, and her colleagues. The district court found for defendants in the original federal claims, and the nearly identical state court action was barred by collateral estoppel. Affirmed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: April 25, 2024, Case #: 37, Categories: Civil Procedure, Employment Discrimination