191 results for 'filedAt:"2024-01-24"'.
J. Renner finds that the trial court properly denied defendant's petition for termination from the California sex offender registry. Defendant is an Oregon resident who is currently registered there. Relief is not possible because petitioner, who was convicted in California, is not registered in any California county. Affirmed.
Court: California Courts Of Appeal, Judge: Renner, Filed On: January 24, 2024, Case #: C097934, Categories: Sex Offender, Equal Protection
J. Thrash grants the manufacturer's motion to transfer venue of a product liability and negligence action brought by the driver to the western district of North Carolina. The action arose after the driver suffered injuries which left him paralyzed from the chest down when his vehicle's driver seat head restraint broke in a collision. The dealership, the only Georgia resident, was fraudulently joined to the action and the driver's motion to remand the case is denied. The driver failed to state a valid negligence claim against the dealership because he failed to allege that it must have known of the seat's purported design defect. The underlying collision occurred in North Carolina and all the witnesses to the collision reside there.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: January 24, 2024, Case #: 1:23cv4420, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Product Liability, Venue
J. Tabor finds that defendant was properly denied relief from his conviction for operating a motor vehicle without the owner’s consent because defendant failed to prove counsel breached an essential duty by allowing him to plead guilty to the lesser offense since doing so allowed him to avoid a theft conviction. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: January 24, 2024, Case #: 22-1099, Categories: Ineffective Assistance, Theft, Plea
J. Reichek finds that the lower court improperly entered a temporary injunction. The appellants contend that the order is void based on a lack of compliance with Rule 683, and the court agrees. Accordingly, the order is dissolved, and the matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: January 24, 2024, Case #: 05-23-00458-CV, Categories: Civil Procedure
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J. Buller finds that restaurant owners were improperly ordered to pay attorney fees after being sued for failing to pay the lease and damages to property they had vacated because the language of the indemnity provision in the parties' contract did not clearly demonstrate intent to shift fees to the owners in the event of a dispute. Affirmed in part.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 23-0231, Categories: Landlord Tenant, Attorney Fees, Contract
[Consolidated.] J. Pallmeyer partially grants the Cook County Sheriff’s Office’s motion to dismiss three related suits which claim the office did not do enough to protect jail workers from county detainees’ sexual harassment. Female workers brought two of the cases while a group of male workers brought a third; collectively, over 300 workers said they faced detainees’ threats of sexual violence, unwanted advances and public masturbation. The court dismisses three individual female plaintiffs from the case but otherwise allows all three suits to stand.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: January 24, 2024, Case #: 1:23cv1390, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment, Equal Protection
J. Cote partially grants the fertility clinic's motion to dismiss claims stemming from the loss of a woman's frozen eggs. All the woman's claims sound in ordinary negligence rather than medical malpractice, so the malpractice claim must be dismissed. Further, there is no evidence that the clinic made knowingly false statements about the quality of its services, so her fraud claims are also dismissed.
Court: USDC Southern District of New York, Judge: Cote, Filed On: January 24, 2024, Case #: 1:23cv4503, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Fraud, Negligence, Medical Malpractice
J. Scarsi grants an insurance company's motion to dismiss an insured's claims of breach of contract and elder abuse for not receiving benefits that he alleges he is due under his insurance policy. The insured has not exhausted Medicare’s administrative review procedures for his breach of contract or breach of the implied covenant of good faith and fair dealing claims. The insured is granted leave to amend his elder neglect claim.
Court: USDC Central District of California, Judge: Scarsi, Filed On: January 24, 2024, Case #: 2:23cv6324, NOS: Medicare Act - Contract, Categories: Insurance, Medicare, Contract
J. Kindred grants the government's motion to dismiss breach of contract claims regarding cancelation of a contract to charter a vessel to recover oceanographic equipment in the Bering and Chukchi Seas. The court lacks jurisdiction, because the company failed to exhaust administrative remedies under the Contract Disputes Act.
Court: USDC Alaska, Judge: Kindred, Filed On: January 24, 2024, Case #: 3:23cv62, NOS: Marine - Contract, Categories: Maritime, Contract
J. Wood finds the trial court properly convicted defendant for aggravated assault upon an employee of a correctional facility based on sufficient evidence. Two witnesses testified they saw the inmate spit on the corrections officer during a cell inspection. The officer also photographed his sleeve, where the spit landed. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: January 24, 2024, Case #: CR-23-361, Categories: Evidence, Assault, Prisoners' Rights
J. Hixson dismisses this appeal of the circuit court's finding in favor the estate. The decedent's parents say the court improperly ordered them to sell real property described in a warranty deed reserving a life estate and involved in an agreement to transfer a remainder interest in the property to their son. The circuit court awarded damages relating to certain property, but not to other certain property. The appeal is dismissed for lack of a final order.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 24, 2024, Case #: CV-23-193, Categories: Property, Wills / Probate, Due Process
J. McKeig affirms the Court of Appeals' reversal of the district court's dismissal of second-degree riot charges for lack of probable cause. Cars may be a dangerous weapon if their use is likely to cause death or great bodily harm, whether or not their drivers intend to cause that harm. Affirmed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: January 24, 2024, Case #: A22-1551, Categories: Criminal Procedure, Weapons
J. Hudson adopts several proposed amendments to the rules of the Minnesota Client Security Board. The court declines to adopt a rule barring attorneys from receiving payment for assisting with prosecuting claims to the board without board approval, finding it unnecessary. A rule permitting the board to deny any claim is modified to specify the factors it must consider, and a third proposed rule seeking to formally define "loss" is not adopted as it is duplicative of another rule.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: January 24, 2024, Case #: ADM10-8005, Categories: Administrative Law, Civil Procedure
J. Jensen grants a mother’s motion to compel documents from an Illinois city’s public school district. Her son suffered permanent brain injuries when, as a high school freshman, school officials slammed him to the ground. The court finds the school district has not provided sufficient reasons as to why it should deny the mom’s request for eyewitness statements and investigative reports.
Court: USDC Northern District of Illinois, Judge: Jensen, Filed On: January 24, 2024, Case #: 3:22cv50354, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Discovery
J. Harrison finds the trial court properly convicted defendant for possession of meth based on sufficient evidence. Defendant was found by his parole officer during a home visit to be under the influence of and in possession of meth. Furthermore, the jury properly declined defendant's challenge to evidence sufficiency based on the inability of the officer who measured amounts of the drug to testify, who was killed in the line of duty. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: January 24, 2024, Case #: CR-22-732, Categories: Drug Offender, Evidence, Due Process
J. Gladwin finds the circuit court properly denied the ex-husband's motion for a new trial in a protective order case filed by his ex-wife. She was awarded the marital home after the divorce and has presented evidence that locks on the home had been tampered with, as well as doorbell video evidence of masked intruders outside the home and a menacing funeral balloon that had been sent to her. Evidence of the husband's prior abuse as well as of his gun collection was also shown. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 24, 2024, Case #: CV-23-217, Categories: Evidence, Family Law, Restraining Order
J. Neeley finds the trial court properly convicted defendant for meth possession. Though defendant was found not guilty for intent to deliver, because the possession conviction was enhanced by prior felony convictions designating him as a habitual offender, defendant was sentenced to 99 years. The possession conviction, enhanced to the punishment range for a first-degree felony, is as serious as the offenses committed by a defendant in a cited case who received a life sentence. Defendant's 99-year sentence is not more severe. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: January 24, 2024, Case #: 12-23-00205-CR, Categories: Drug Offender, Evidence, Sentencing
J. Klingensmith finds that the trial court improperly dismissed breach of contract claims concerning the purchase of interest in a pet resort because genuine issues remain in dispute as to whether the parties entered a valid contract. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Klingensmith, Filed On: January 24, 2024, Case #: 4D2023-0201, Categories: Contract
Vice Chancellor Laster rules that the controller of a public company operating two separate businesses entered a seal-dealing transaction that was not entirely fair to minority shareholders, rendering the controller and other defendants liable in the amount of $1.78 per share.
Court: Delaware Chancery Court, Judge: Laster, Filed On: January 24, 2024, Case #: 2019-0798-JTL, Categories: Fiduciary Duty
J. Bourgeois grants and modifies requests by two former employees of a Louisiana-based insurance brokerage, ordering the company to produce redacted personnel files and job descriptions of their former supervisor. The duo seeks the information for its state-law unfair practices suit on the argument they were actually employed by the parent company of the brokerage, not the subsidiary, and, therefore, they were not subject to the allegedly invalid and overly broad non-solicitation agreements with its subsidiary.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: January 24, 2024, Case #: 3:23cv596, NOS: Other Contract - Contract, Categories: Employment, Trade, Contract
J. Wilkin finds the lower court properly awarded permanent custody of the mother's five children to family services. Her failure to treat several psychological conditions, including bipolar disorder, and her refusal to refrain from engaging with several men that had physically abused several of the children prevented her from providing a safe and stable home environment. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: January 24, 2024, Case #: 2024-Ohio-377, Categories: Evidence, Family Law
J. Badding finds that a father's parental rights were properly terminated since the father lived in Illinois and recently had been fired for drug use. Meanwhile, he maintained little contact with his child, who had been born in 2019. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: January 24, 2024, Case #: 23-1730, Categories: Family Law