137 results for 'filedAt:"2024-02-02"'.
J. Carlyle finds that the lower court improperly awarded damages to the plaintiff food company on its negligence claims against two poultry suppliers. The award is precluded by the economic loss rule. Also, the chicken tender manufacturer's cross-claims for breach of contract against the poultry suppliers were not supported by sufficient evidence. Reversed in part.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: February 2, 2024, Case #: 05-22-01231-CV, Categories: Agriculture, Negligence, Contract
J. Africk denies a credit union’s request to dismiss a widow’s claim the loan servicer did not provide her with sufficient information, as required by a consumer protection law, when it held her liable for the debts of her husband up to the value of the property that she inherited on behalf of herself and their minor child. With respect to the widow’s alleged failure to claim one of three specific causes for her complaint under the statute, the credit union’s arguments are without merit.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: February 2, 2024, Case #: 2:23cv5618, NOS: Truth in Lending - Torts - Personal Property, Categories: Consumer Law, Banking / Lending, Racketeering
Per curiam, the appellate division finds that the family court improperly dismissed a petition seeking a finding that plaintiff's ex-husband harassed and stalked her. Plaintiff contends the ex-husband hacked her laptop with spyware to delete documents related to divorce proceedings and to change her user name to "creep," and also contends she received a heavy breather telephone call. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 2, 2024, Case #: CAF 21-01824, Categories: Family Law
Per curiam, the appellate division finds that the family court properly upheld a petition in which a mother's friend sought sole custody of the child. The mother had left her daughter with the friend since the child was six months old, during which time the mother abused drugs, fled from law enforcement, and landed in jail. Meanwhile, the mother said if she gained sole custody she would cut off all contact with the friend and her five children, the only family the child has ever known. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 2, 2024, Case #: CAF 22-01247, Categories: Family Law
J. Dever denies a homeowner couple’s motion for summary judgment after Hurricane Florence damaged their house, causing water damage that a contractor valued over $240,000. State Farm covered only $66,000 of their claim because the existence of vapor barriers within the walls could have caused further damage after the hurricane ended, which State Farm claims its policy does not cover. The couple argues the policy should cover all damage including that sustained as a result of the vapor barriers, thus, there is an unresolved issue of material facts.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: February 2, 2024, Case #: 4:21cv146, NOS: Insurance - Contract, Categories: Insurance, Property, Contract
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J. Seeley finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus on ineffective assistance claims because he failed to provide any evidence that an eyewitness identification expert would have altered the result of the trial. During the habeas hearing, an experienced defense litigator testified the state's eyewitnesses were sure the petitioner was the shooter, an opinion corroborated by enhanced surveillance footage, and so the trial attorney's decision to refuse to obtain an expert witness was part of a reasonable trial strategy. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: February 2, 2024, Case #: AC45738, Categories: Habeas, Ineffective Assistance, Experts
J. Zahn finds that the district court improperly relied on a modern confluence of creeks for its injury analysis in a water rights dispute. The historic confluence must be used for the injury analysis since the diversionary ditch that created the modern confluence was not claimed in the Snake River Basin Adjudication and was therefore not authorized. Reversed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: February 2, 2024, Case #: 50000-2022, Categories: Water
J. Barbadoro denies a former employer’s insurer’s motion to dismiss a former employee’s motion for a declaratory judgment compelling the insurer to pay a judgment against her employer for pregnancy discrimination and wrongful termination. The insurer’s arguments — that there is no direct action statute permitting an injured party to proceed directly against a wrongdoer’s insurer in New Hampshire and that the former employee is not a third-party beneficiary of the insurance contract — do not hold merit.
Court: USDC New Hampshire, Judge: Barbadoro, Filed On: February 2, 2024, Case #: 1:22cv200, NOS: Insurance - Contract, Categories: Employment, Insurance, Employment Discrimination
J. Narcaddi denies a motion for a temporary restraining order and a preliminary injunction that would have enjoined New York from issuing any new licenses to operate retail cannabis dispensaries. The complaint alleges the state’s early-entry application process violates the commerce clause because it favors applicants owned by individuals who received convictions on marijuana-related charges in New York while disfavoring those convicted in other states. The court finds the commerce clause does not guarantee a right for dispensaries to participate in an interstate market, which Congress has declared illegal.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: February 2, 2024, Case #: 1:23cv1599, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Commerce, Licensing
Per curiam, the appellate division finds that the family court properly removed a child from the mother's care after her home was found to be unsafe and unsanitary because the judge acted as both advocate and trier of fact during the case. However, the mother had entered a stipulation that the child would be better off under the care of the agency. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 2, 2024, Case #: CAF 22-01749, Categories: Family Law
J. Pate grants the suing driver motion to remand his vehicle collision claims back to the circuit court of Macon County, Alabama. The sued driver had this case removed alleging diversity jurisdiction, but has not met the burden of proof nor has he shown preponderance of evidence.
Court: USDC Middle District of Alabama, Judge: Pate, Filed On: February 2, 2024, Case #: 3:23cv654, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Vehicle, Negligence, Jurisdiction
J. Blacklock answers a certified question submitted by a federal appeals court concerning whether a homeowner is able to recover attorney fees in a breach of contract case he filed against his insurer after a tornado damaged his house. The homeowner sued the insurance firm, arguing he was owed more from his claim. After the firm made additional payments to the homeowner to resolve the issue, the homeowner sought the award of attorney fees, which the insurer argued was precluded by its payments. Because the firm completed its obligation to the homeowner, it could not be ordered to cover his attorney fees.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: February 2, 2024, Case #: 23-0534, Categories: Insurance, Attorney Fees
J. Dimke denies Daimler Truck's motion for a protective order over questions such as where the company placed "safety" among other criteria, as part of the family's suit accusing Daimler of not equipping its semi-truck with collision warnings and automatic emergency braking, resulting in the truck driver hitting and killing a pedestrian. Daimler argues that topics 1 through 4 should be limited at deposition because they seek information to leverage a juror to artificially increase a damages award, but its compliance with industry safety customs and ensuring its products were safe are relevant to this case.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: February 2, 2024, Case #: 1:23cv3054, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Product Liability, Wrongful Death, Discovery
J. Altice finds that the trial court properly held that property owners were not required to exhaust all remedies before seeking an injunction to stop the building of a residential facility for dementia patients. Construction was properly halted because evidence indicated the group home likely did not meet all zoning requirements. Affirmed.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: February 2, 2024, Case #: 22A-PL-2931, Categories: Civil Procedure, Property, Zoning
J. Welbaum finds the trial court properly dismissed the fire captain's employment case against the city for a failure to prosecute because the nearly 5-year delay between the initial filing and dismissal clearly indicated a lack of compliance with the court's schedule and a complete disregard for procedural standards. Although the captain's attorney cited ongoing medical issues as the root cause of various delays, it was the client's responsibility to obtain new counsel if his current attorney could not adequately represent him, while the court also encouraged the attorney to hire co-counsel - advice that was not followed. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: February 2, 2024, Case #: 2024-Ohio-365, Categories: Civil Procedure, Employment Retaliation
J. Partida-Kipness finds that the lower court properly entered final judgment in favor of the defendant insurance companies in this coverage dispute under an automobile policy. Contrary to the appellant's argument, the lower court was not bound by a prior summary judgment, which was "interlocutory and subject to modification." Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: February 2, 2024, Case #: 05-23-00513-CV, Categories: Civil Procedure, Insurance
J. Coogler grants summary judgment to two companies in this race discrimination and retaliation dispute brought by two former employees, both Black men, who say they were treated differently than their white coworkers, assigned fewer desirable jobs and denied training. The Black employees were terminated for walking off the job site after they were informed everyone had to take a drug test. One of the white coworkers, who also left, was allowed back at work the following day. The court sees no dispute of fact or evidence that there was an adverse reaction to discrimination or retaliation.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: February 2, 2024, Case #: 7:22cv513, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Sung finds that the district court properly dismissed a constitutional challenge to the designation of certain land in Multnomah County, Oregon, as “rural reserves” under the Oregon Land Reserves Statute. The property owners abandoned their facial constitutional claims on appeal and the matter was properly dismissed for failure to state a claim. Affirmed.
Court: 9th Circuit, Judge: Sung, Filed On: February 2, 2024, Case #: 21-35987, Categories: Property
J. Bybee finds that the district court improperly entered summary judgment for the county on judicial deception claims brought by parents after social workers removed their two minor children from their custody following an anonymous report that the parents were using medical marijuana to treat severe autism of one of the children. The application filed in support of the warrant of removal contained misrepresentations and omissions of fact. The social workers were not entitled to qualified immunity because the right to be free from judicial deception was clearly established. The lower court properly found for the social workers on the parents’ Fourth Amendment claim concerning a social worker's interview of the other child at school. The social worker was entitled to qualified immunity because she lacked fair notice that her conduct was unlawful. Reversed in part.
Court: 9th Circuit, Judge: Bybee, Filed On: February 2, 2024, Case #: 21-55999, Categories: Family Law, Immunity
J. Doss finds that the lower court improperly entered a take-nothing judgment in favor of the appellees in this breach of contract lawsuit concerning a foreclosure sale held at a county courthouse. The court concludes that an issue of fact regarding the time to tender payment "precludes disposition as a matter of law" and that the matter should be remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: February 2, 2024, Case #: 07-23-00064-CV, Categories: Civil Procedure, Real Estate
J. Brimmer denies the Colorado Republican Party an injunction in claims challenging the constitutionality of Proposition 108, which allows
voters not affiliated with a political party to vote in nonpresidential primary elections, because the party failed to demonstrate the proposition imposes a severe burden on all political parties or that a party’s nominee would be “determined by adherents of an opposing party.”
Court: USDC Colorado, Judge: Brimmer, Filed On: February 2, 2024, Case #: 1:23cv1948, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Elections
J. DiPentima finds that while the attorney's disciplinary hearing, which resulted in her disbarment, took place immediately following the court's hearing on the attorney's claims of bias, her due process rights were not violated. She had previously been advised of the hearing schedule and was provided with a full and fair opportunity to present arguments during each hearing. Meanwhile, the court's decision to disbar the attorney was supported by competent and credible evidence, including that the attorney's bias claims were frivolous and based almost entirely on decisions made against her client in previous cases. Affirmed.
Court: Connecticut Court Of Appeals, Judge: DiPentima, Filed On: February 2, 2024, Case #: AC45424, Categories: Evidence, Due Process, Attorney Discipline