216 results for 'filedAt:"2024-01-10"'.
J. Thompson finds that defendant was properly convicted of felony carnal knowledge of a juvenile. Defendant admitted to having sex with his 14-year-old co-worker, and his statements were corroborated with the victim's interview with medical professionals. Further, the 15 year sentence was proper based on the 39-year-old defendant taking advantage of the victim and for his criminal history, which included a prior conviction for carnal
knowledge of a juvenile that required him to be registered as a sex offender. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thompson, Filed On: January 10, 2024, Case #: 55,461-KA, Categories: Evidence, Sex Offender
J. Ellender finds that the trial court properly dismissed property owners' petitory action against the neighboring property owner over ownership of a strip of land between their properties. The neighbor established that he acquired title to the strip in 1985 and exercised acts of possession on it ever since. The property owners did not present evidence through affidavits showing that their family and predecessors possessed and used the disputed property. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: January 10, 2024, Case #: 55,415-CA, Categories: Evidence, Property
J. Marcotte finds that the trial court properly precluded a patient from calling any witnesses at trial as a result of his failure to timely file a “will call” witness list in this medical malpractice action. In this case, the patient missed two deadlines to file and exchange witness and exhibit lists, and the patient was notified three weeks before the trial date to compile the witness and exhibit lists but failed to do so. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcotte , Filed On: January 10, 2024, Case #: 55,413-CA, Categories: Civil Procedure, Medical Malpractice
J. Buller finds that defendant was properly convicted of involuntary manslaughter after colliding with another boat on the river, killing two people. Witnesses said defendant had been racing his boat irresponsibly and traveling at excessive speeds just before the collision. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 10, 2024, Case #: 22-1293, Categories: Evidence, Manslaughter
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J. Schumacher finds that the lower court improperly rewrote the decedent's will to include property in a trust against the wishes of her sons because the will did not contain ambiguities, and the district court improperly considered the testimony of the scrivener to find that the decedent's intent differed from the language of the will. Reversed
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: January 10, 2024, Case #: 22-2045, Categories: Wills / Probate
J. Winmill grants the government's motion to dismiss employees' allegations of defamation after they were accused of creating a hostile work environment and harassment of a coworker. The employees resigned after an investigation into the coworker's complaints resulted in notices of removal. The employees who conducted the investigation were acting within the scope of their employment, therefore the United States is substituted as the proper defendant. However, these claims may not be brought against the government under the Federal Tort Claims Act and the court does not have subject matter jurisdiction over the claims.
Court: USDC Idaho, Judge: Winmill, Filed On: January 10, 2024, Case #: 4:23cv356, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Employment, Defamation, Contract
J. Wright denies the insured's motion to remand its action against its insurer to state court. The insurer's removal of the action to federal court was timely, since service did not occur until the Commissioner of Commerce, as a required statutory agent, was served. Equitable estoppel of arguments of timeliness is also not appropriate, since the insured does not allege that the insurer intentionally provided an incorrect address to the insured.
Court: USDC Minnesota, Judge: Wright, Filed On: January 10, 2024, Case #: 0:23cv2314, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance, Contract
J. Levine finds that the trial court properly allowed Snapchat video into evidence in defendant's trial for home invasion robbery. Even had defendant preserved error, he had not objected to a detective's testimony stating he had detained defendant based in part on the video, and the evidence at issue was merely cumulative to testimony to which defendant failed to object. Affirmed.
Court: Florida Courts Of Appeal, Judge: Levine, Filed On: January 10, 2024, Case #: 4D2022-1988, Categories: Evidence, Robbery
J. Klingensmith finds that the trial court properly found for a mother and stepfather in claims alleging intentional interference of custodial rights concerning the parties' teenage daughter because the father failed to demonstrate the stepfather interfered with the custodial relationship.
Court: Florida Courts Of Appeal, Judge: Klingensmith, Filed On: January 10, 2024, Case #: 4D2023-0026, Categories: Family Law
J. Savoie finds that defendant was properly sentenced after pleading guilty to attempted second degree murder relating to the shooting of a victim who was mistaken for the intended target. Defendant argued that the 35-year sentence was excessive based on his youthful age, but he faced a sentence as high as 50 years for the crime and also had other charges dismissed due to his plea agreement. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: January 10, 2024, Case #: KA-23-206, Categories: Murder, Sentencing
J. Penzato finds that the lower court properly ruled in favor of State Farm in a dispute with the Louisiana Insurance Commissioner over a hurricane duration deductible (HDD) that was applied to homeowners' claims resulting from Hurricane Barry. The commissioner's cease and desist order to State Farm that restricted its application of the HDD to claims was correctly declared invalid since there was no evidence it made any misrepresentations regarding the policy language. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: January 10, 2024, Case #: 2023CA0535, Categories: Administrative Law, Government, Insurance
J. Klappenbach finds the circuit court properly terminated the parents' rights to their daughter based on sufficient evidence. The mom had posted a video on Facebook Live showing herself driving and smoking marijuana with her sister, with the child improperly in the car seat. The mother also said the child was high. A child abuse hotline report had also been made alleging drug use, heavy drinking and domestic violence around the child. Furthermore, the father had not been taking his bipolar disorder medication upon the removal. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: January 10, 2024, Case #: CV-23-479, Categories: Evidence, Family Law, Guardianship
J. Gladwin finds the trial court properly entered the divorce decree. The marital property is found to have been correctly divided, and, because the husband did not present evidence as to the value of certain jewelry at the final hearing, the court properly used the value shown in earlier financial statements. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 10, 2024, Case #: CV-22-466, Categories: Family Law, Property, Contract
J. Wood finds the trial court properly convicted defendant by guilty plea for first-degree murder based on sufficient evidence. The 77-year-old victim was found with a gunshot wound to the face during an officer's welfare check, and witnesses identified defendant running from the residence after they had heard a gunshot. Defendant's waiver of his right to counsel was voluntary, knowing, and intelligent. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: January 10, 2024, Case #: CR-22-701, Categories: Evidence, Murder, Due Process
J. Barrett finds the trial court properly convicted defendant for rape and internet stalking of a child based on sufficient evidence. When defendant's 14-year-old stepdaughter requested money for a Roblox gaming account, he sent her a text message that stated, “I give u the money blow me.” She protested after he explained what he meant, but eventually gave in. Facebook Messenger reported the inappropriate conversation and defendant was arrested. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: January 10, 2024, Case #: CR-23-20, Categories: Evidence, Sex Offender, Child Victims
J. Boyle denies a North Carolina justice department employee’s motion for reconsideration after the department was granted its partial motion to dismiss her discrimination allegations. Because the employee did not amend her complaint after, for instance, claiming she found post-dismissal evidence of the department’s retaliation, her arguments for reconsideration are misplaced.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: January 10, 2024, Case #: 5:21cv371, NOS: Employment - Civil Rights, Categories: Discovery, Employment Discrimination, Employment Retaliation
J. Hall grants the landlord company's renewed motion to dismiss in an action brought by the tenant arising from eviction proceedings. The motion is construed as a motion for judgment on the pleadings. The tenant's claims against the company are barred by res judicata because the parties in the instant action are identical to those in a previous action and the two cases involve the same cause of action related to the parties' rights under a lease. The previous action also ended with a final judgment in the company's favor. The claims against all parties other than the second company are dismissed. Although the tenant failed to assert any claims or factual allegations against the second company, the tenant is ordered to file an amended complaint to cure his pleading deficiency.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: January 10, 2024, Case #: 1:20cv176, NOS: Other Civil Rights - Civil Rights, Categories: Landlord Tenant
J. Salter finds that the circuit court improperly granted summary judgment in a matter in which The McCook County Board of Adjustment determined that five lots owned by an individual in an area zoned for agricultural use did not include individual building eligibilities under a zoning ordinance. The lower court erroneously supplanted a plain application of the text with a determination of the County's intent to hold that the lots were not buildable. Reversed.
Court: South Dakota Supreme Court, Judge: Salter, Filed On: January 10, 2024, Case #: 2024SD2, Categories: Property, Zoning
J. Carr denies, in part, the university's motion for summary judgment, ruling the employee's conversations with five different supervisors and coworkers about a potential hiring she believed would violate EEOC laws was protected activity and, given it occurred less than two weeks before her demotion, is sufficient to support her claim of retaliation in regard to the demotion.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: January 10, 2024, Case #: 3:22cv2151, NOS: Employment - Civil Rights, Categories: Education, Evidence, Employment Retaliation
J. Buller finds that a mother was properly awarded physical care of the parties' child in this custody dispute because the father, who had a criminal history, failed to establish a relationship with the child for the first 10 years of her life and remained in arrears on child support. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 10, 2024, Case #: 23-0306, Categories: Family Law
J. Thompson finds that the trial court properly determined that a sublessee fully satisfied its rental obligation by placing the correct portion of rent in the court registry. The sublessee's rental obligation was satisfied by the payment of one third of the amount due under the master leases since the owner of the land leased the property and the three structures on the property to the lessee, who in turn subleased one of the structures to the sublessee to be used as a bar. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Thompson , Filed On: January 10, 2024, Case #: 55,403-CA, Categories: Property, Contract
J. Stephens dismisses a homeowner's claim against an inspector after her attic caught on fire shortly after insulation work was done on her home. In this case, the inspector presented evidence that it was not the contractor that performed the insulation work or any physical work on the property and only performed a pre- and post-inspection of the home to determine qualification for a weatherization program. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: January 10, 2024, Case #: 55,305-CW, Categories: Evidence, Contract
J. Hendon finds the business owner's motion for a petition of certiorari in her dispute with the former vice president and general counsel of one of her businesses including fraud, misrepresentation and breach of contract claims must be granted. The portion of the trial court's partial final judgment calling for the immediate execution of an order demanding a $126,808 payment from the business owner is quashed, in part because "intertwined factual matters" in the case still need to be resolved.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: January 10, 2024, Case #: 22-1941, Categories: Fraud, Interference With Contract, Enforcement Of Judgments