113 results for 'filedAt:"2024-01-26"'.
J. Fletcher finds that the district court properly dismissed an individual's claims of unlawful search and arrest as barred by the applicable statute of limitations. State-law claims were not tolled by a Covid-19 pandemic emergency tolling order and the limitations periods for those claims passed before either the order or rule went into effect. Affirmed.
Court: 9th Circuit, Judge: Fletcher, Filed On: January 26, 2024, Case #: 22-55806, Categories: Civil Rights, Covid-19
J. England grants an estate of a deceased police officer’s motion to dismiss for improper service of a summons in this wrongful arrest, excessive force and negligence suit brought by a citizen after a traffic stop. The citizen knew the officer was deceased but failed to substitute and serve the estate as a party with a summons. Summary judgment is granted, in part for summary judgment in favor of the city, the estate and a police officer. The city has not moved for summary judgment for its liability for the estate officer’s conduct as to portions of negligence, assault and battery. The citizen has not shown state immunity does not apply. The parties need to confer and to a joint status report concerning the next steps of this case by Feb. 9, 2024.
Court: USDC Northern District of Alabama , Judge: England, Filed On: January 26, 2024, Case #: 2:21cv439, NOS: Other Civil Rights - Civil Rights, Categories: Negligence, Assault, Police Misconduct
J. Ashe denies summary judgment to the former employee of an environmental services company in the oil and gas industry on his argument that while his post-resignation tank-cleaning activities constitute a breach of the no-compete and non-solicitation provisions of his employment contract, those provisions are legally void and unenforceable because his old boss was not operating in any of the 64 Louisiana parishes and 150 Texas counties listed in their agreement at the time of execution. Because the restrictive covenant of the employment agreement complies with the law by listing specific areas where the former employee is prohibited from competing and because he engaged in tank cleaning in six of the listed areas when his employment was terminated, their employment agreement is valid.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: January 26, 2024, Case #: 2:23cv5042, NOS: Other Contract - Contract, Categories: Employment, Evidence, Contract
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J. Tigar dismisses most securities claims against Volta, an electric car charging station company, from investors who say that the company covered up flaws in its business model in order to push a merger with Tortoise Acquisition. While investors prevail on the issue of whether some of the company's challenged statements and figures are protected by the safe harbor doctrine, the bulk of the claims are tossed for not proving that the company was intentionally misleading investors by feeding them false data.
Court: USDC Northern District of California, Judge: Tigar, Filed On: January 26, 2024, Case #: 4:22cv2055, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Leonard finds the family court improperly applied the statute of limitations to a 2011 stipulation to a 2007 divorce decree that awarded a house to an ex-husband with payment to the ex-wife. Enforcement of the payment runs from the 2007 divorce and the stipulation, which did not modify the payment. Reversed.
Court: Hawai'i Court Of Appeals, Judge: Leonard, Filed On: January 26, 2024, Case #: CAAP-19-580, Categories: Family Law, Property
J. Land denies the parent charity's motion to dismiss the state charity's second amended counterclaim for misappropriation of trade secrets and breach of contract. The state charity sufficiently alleged that its donor list was a protectable trade secret and that the parent charity engaged in misappropriation by accessing the donor list under false pretenses and by sharing it with other charity chapters. However, the motion is granted to the extent that the state charity brings an independent, separate claim for breach of the duty of good faith and fair dealing.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: January 26, 2024, Case #: 4:22cv207, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
[Modified.] J. Stewart corrects a referenced date and denies a rehearing with no change in judgment. The trial court was right that a husband did not have a separate property interest in the hedge fund he started while married. Also, it properly held that the community was not responsible for legal fees he spent defending against insider trading charges, or for the resulting fine. However, it mistakenly found the community should pay an SEC penalty for insider trading he engaged in while married. Reversed in part.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: January 26, 2024, Case #: A157055, Categories: Family Law
J. Hiraoka finds a lower court improperly denied a pair of children’s guardian from removing the children’s birth parents from their custody proceedings. A statute stating “all parents” must be summoned in a custody case does not apply to parents who have already had parental rights revoked by the plain language of the statute. Vacated.
Court: Hawai'i Court Of Appeals, Judge: Hiraoka, Filed On: January 26, 2024, Case #: CAAP-22-719, Categories: Family Law, Guardianship
J. McDermott finds that defendant was properly sentenced to a mandatory minimum term of 25 years in prison with a 70 percent requirement to serve based on his conviction for first-degree robbery. The district court did not abuse its discretion by considering a presentence investigation risk assessment because defendant had notice of the assessment and failed to present evidence demonstrating the assessment was unsound. Affirmed.
Court: Iowa Supreme Court, Judge: McDermott, Filed On: January 26, 2024, Case #: 21-0102, Categories: Criminal Procedure, Robbery, Sentencing
J. Sanchez finds that the district court properly entered a conviction against an individual on one count of conspiracy to aid and abet his brother to Mexico to avoid prosecution for the murder of a police officer. The evidence was sufficient to show that the individual knew about and specifically intended to help his brother cross the border to Mexico to avoid prosecution. Affirmed.
Court: 9th Circuit, Judge: Sanchez, Filed On: January 26, 2024, Case #: 21-10109, Categories: Evidence, Murder, Conspiracy
J. Brady rules an employer in discrimination claims because evidence indicates the employer did everything possible to accommodate work restrictions, and the employee had not been transferred based on discriminatory reasons. However, the employer failed to address claims concerning the employee's firing.
Court: USDC Northern District of Indiana, Judge: Brady, Filed On: January 26, 2024, Case #: 1:21cv6, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Hurson denies a financial company’s motion for a preliminary injunction and motion for a hearing on the preliminary injunction in this Securities Exchange Act case stemming from a husband-and-wife corporation. The financial company seeks a preliminary injunction from making false or misleading statements and to enjoin the husband-and-wife corporation from violating security laws. The husband is also a board member of the financial company, he set out for a takeover of the company to benefit him and his wife’s corporation by solicitating proxies for elections of directors. A motion for reconsideration of the injunction may be appropriate after the outcome of the circuit court hearing.
Court: USDC Maryland, Judge: Hurson, Filed On: January 26, 2024, Case #: 1:23cv2720, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Elections, Securities, Injunction
J. Molberg finds that the lower court properly denied the appellant school district's plea to the jurisdiction in this breach of contract lawsuit stemming from an agreement for construction work to be performed at certain school campuses. The appellee construction company adequately pleaded facts demonstrating jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: January 26, 2024, Case #: 05-22-00855-CV, Categories: Jurisdiction, Contract
J. Crouse finds affidavits from the wife's attorney and two expert witnesses were sufficient to allow the trial court to award the exact amount of attorney fees requested, especially considering the wife was successful on all the post-divorce claims filed by the husband. Meanwhile, the husband's absence from the attorney fees hearing did not violate his due process rights because the hearing was delayed twice at his request, which allowed the trial court to deny his third motion for a continuance. Affirmed.
Court: Ohio Court Of Appeals, Judge: Crouse, Filed On: January 26, 2024, Case #: 2024-Ohio-266, Categories: Family Law, Due Process, Attorney Fees
J. Pallmeyer grants a real estate services company’s motion for judgment on the amount of money its former real estate broker owes it. The broker took a job with the company in 2018; his compensation agreement included a $1,375,000 loan that he wouldn’t have to repay so long as he didn’t quit before the end of 2024 without “good reason.” He quit anyway in 2020 after the company restructured how it awards commissions to its brokers. The company won summary judgment in the resulting lawsuit it brought against him, and now the court finds the broker owes the company over $1,894,000, which includes the loan, interest and taxes.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: January 26, 2024, Case #: 1:20cv3540, NOS: Negotiable Instrument - Contract, Categories: Employment, Damages, Contract
J. Papik finds the county court properly denied the stepfather's petition for adoption. Though the child's biological father was divorced from the mother and had been incarcerated for several years for murder, he had remained current on his child support payments and made consistent efforts to maintain a relationship with his daughter. The father did not abandon his daughter legally, and any adoption will require his consent. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik , Filed On: January 26, 2024, Case #: S-22-919, Categories: Family Law, Guardianship
J. Funke finds the tax commission properly affirmed the board of equalization's upholding of the increased assessed values of agricultural land. Though the property had been previously classified as irrigated grassland, the assessor ceased classifying irrigated grassland separately, incorporating it within a classification encompassing irrigated grass, as well as crops. No evidence shows any other property valuations increased at a lower rate than the land at issue. Affirmed.
Court: Nebraska Supreme Court, Judge: Funke , Filed On: January 26, 2024, Case #: S-23-224, Categories: Agriculture, Property, Tax
J. Failla dismisses RICO claims against the defendant metal importers but sustains the breach of contract claims in a lawsuit alleging a group of importers schemed to obtain aluminum steel from the manufacturer without paying for it. The fraud claim is duplicative of the breach of contract claim because the alleged misprepresentations were not extraneous to the contract, but at the heart of the manufacturer's belief the contract would be paid in full by a third party.
Court: USDC Southern District of New York, Judge: Failla, Filed On: January 26, 2024, Case #: 1:22cv1928, NOS: Other Contract - Contract, Categories: Fraud, Contract, Racketeering
J. Colloton finds a lower court properly convicted a defendant for conspiracy to distribute meth. The defendant argued that his 300-month sentence is unreasonable. However, the government presented sufficient evidence in court that the defendant played a major role in a meth trafficking conspiracy alongside his co-conspirator, who testified in court that he accompanied her on out-of-town drug runs, trafficking at least 120 kilograms. Affirmed.
Court: 8th Circuit, Judge: Colloton, Filed On: January 26, 2024, Case #: 23-1542, Categories: Drug Offender, Evidence, Sentencing
J. Shubb finds for a life insurance company on a widow’s ERISA claims arising from the denial of accidental death benefits when her husband, who was employed by a grocery store chain and was learning to fly allegedly store-owned aircraft, died following a fatal crash. The company's policy included an aircraft exclusion that applied to the decedent, as he was considered part of the crew, rather than a passenger, at the time of the accident.
Court: USDC Eastern District of California, Judge: Shubb, Filed On: January 26, 2024, Case #: 2:23cv919, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Insurance