203 results for 'filedAt:"2024-02-07"'.
J. Fuller finds that the trial court properly granted the shop owner's motion to dismiss the reviewer's libel action under Georgia's anti-SLAPP law. The action arose when the owner published a response to the reviewer's negative Google reviews, calling him a neo-Nazi who was targeting her business, harassing her and threatening to kill other shop members. The trial court correctly found that the owner's statements were protected speech. The owner's comments were made in response to review bombing initiated by the reviewer on a public forum and the reviewer conceded that he is a public figure. There is no evidence that the owner knew her statement about the supposed death threat was false or likely false. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: February 7, 2024, Case #: A23A1234, Categories: Anti-slapp, Defamation
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J. Pickett finds that the trial court properly dismissed the independent administrator's claims stemming from the deaths of his family members from carbon monoxide poisoning after they used a generator following hurricane-related power outages. Based on the relevant statutes, the independent administrator lacked a cause of action to sue for survival and wrongful death damages. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: February 7, 2024, Case #: CA-23-455, Categories: Civil Procedure, Product Liability, Wrongful Death
J. Emas finds the trial court erred in its final judgment in the dissolution of the wife and husband's marriage, including by concluding that $107,970 in funds from three Honduran bank accounts, which the husband claimed the wife hid and the wife claimed were not actually hers, counted as marital assets to be equitably distributed. The trial court made an error by admitting the Honduran bank records into evidence without authentication and relying on the unauthenticated records in its decision to distribute the assets. The trial court is reversed on that basis, as well as on the basis that it improperly denied the wife's requests for prejudgment interest and attorney fees, and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: February 7, 2024, Case #: 22-0757, Categories: Family Law
J. Miller finds the trial court properly entered a final judgment divesting the real estate holdings company and its owner of interests in a waterfront duplex and conveying those interests to the owner's partner in the investment. Under Florida law, the oral agreement between the parties to transfer the property to the partner after the mortgage was satisfied was removed from the statute of frauds via part performance, which warranted specific performance granted by the trial court. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: February 7, 2024, Case #: 23-0776, Categories: Real Estate, Contract
J. Gladwin finds the trial court properly denied defendant's challenge to the special conditions for sex offender probation. Defendant pleaded guilty to allegations he forced his 11-year-old stepdaughter to undress in front of him and kiss him, and that he watched her while she showered. He says the probation conditions that prevent him from having any relationship with someone who has a minor child are unconstitutional. The conditions bear a direct relationship to preventing re-offense, even being that a stricter standard was applied for review. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: February 7, 2024, Case #: CR-23-320, Categories: Sentencing, Sex Offender, Child Victims
J. Gruber dismisses the ex-husband's challenge of the circuit court's entering of a temporary order of protection against him. The ex-wife sought the protection order after discovering he was incarcerated for a second assault charge involving his current wife. The husband has threatened to kill his current wife and the ex-wife has testified her children are scared of him. The temporary order is not a final order and is not appealable.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: February 7, 2024, Case #: CV-22-763, Categories: Evidence, Family Law, Restraining Order
J. Tunheim partially grants the university and its employees' motion to dismiss the former employee's suit alleging a pattern of race, gender and age discrimination and harassment. The university's status as a religious institution and its mission statements and Declaration of Christian Community are not sufficient on their own for its employees' conduct to fall under the ministerial exception to employment-discrimination claims at this stage of litigation. The doctrine of laches is similarly insufficient to dismiss the former employee's case at this stage, since the facts as pleaded suggest that the employee's action was initiated within a reasonable timeline. Two voluntarily-waived claims are dismissed.
Court: USDC Minnesota, Judge: Tunheim, Filed On: February 7, 2024, Case #: 0:23cv2199, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, First Amendment
J. Anderson affirms the defendant's sentence for third- and fourth-degree sexual conduct, finding that the U.S. Supreme Court's decisions in Apprendi v. New Jersey and Blakely v. Washington do not alter the paradigm set in Minnesota courts in State v. Ronquist, which limited a requirement of prosecution by indictment for offenses punishable by life imprisonment to offenses so punishable before the application of sentencing enhancements based on prior convictions. That case's reasoning also exempts cases where lifetime conditional release is a possibility. Affirmed.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: February 7, 2024, Case #: A22-0318, Categories: Criminal Procedure, Sentencing, Sex Offender
Per curiam, the Minnesota Supreme Court finds that the voters have standing to assert that it would be error to place former President Donald Trump's name on 2024 presidential ballots, but that only their claim regarding the 2024 Republican Party primary ballot is ripe. It is not error to place Trump's name on the ballot, since the Minnesota Legislature has established that primaries are internal party elections, and therefore do not implicate the Fourteenth Amendment of the U.S. Constitution, under which the voters have claimed Trump is ineligible because of his alleged participation in an insurrection against the United States.
Court: Minnesota Supreme Court, Judge: Per curiam, Filed On: February 7, 2024, Case #: A23-1354, Categories: Constitution, Elections
J. Jones finds a lower court properly imposed offender recall on a former prisoner. The former prisoner argued that the lower court erred in revoking his prisoner license before placing him back in jail, in violation of his civil rights. However, the Department of Justice sufficiently showed that he was placed in a facility that did not present serious harm. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Jones, Filed On: February 7, 2024, Case #: 2024UKSC4, Categories: Civil Rights
J. Hoyle finds the county court properly entered a default judgment in favor of a memorial company, which sued a funeral home for $33,000 owed on a consignment agreement for monuments. After proper service was made, no representative for the funeral home answered or appeared, and the funeral home director showed no evidence service was not perfected. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: February 7, 2024, Case #: 12-23-00202-CV, Categories: Debt Collection, Evidence, Contract
J. Worthen finds the trial court improperly granted defendant's motion to suppress evidence of a weapon found during a vehicular search. Had defendant, as a passenger, with no possessory interest in the vehicle, been allowed to leave, the officer’s ability to search the vehicle would not have been affected. Defendant did not have standing to make a Fourth Amendment claim, as standing is dependent on illegal detainment. Reversed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: February 7, 2024, Case #: 12-23-00185-CR, Categories: Evidence, Search, Weapons
Per curiam, the appellate division finds that the lower court properly found for the surgeon in a medical malpractice suit stemming from injuries the patient sustained during a combined liposuction and hernia repair surgery. A jury reasonably found that the surgeon did not depart from the standard of care because the patient's perforated colon could have been due to preexisting condition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 7, 2024, Case #: 00647, Categories: Negligence, Medical Malpractice
J. Conley partially grants the insurance company's motion for a declaratory judgment saying it is not obligated to indemnify or defend the metals manufacturer in an arbitration proceeding with a customer claiming the manufacturer provided defective dredge tanks. Although three categories of the customer's claims are not covered by a provision in the manufacturer's policy related to "manufacturer's errors or omissions," there may potentially be coverage for the customer's claims of breach of contract, negligence and negligent misrepresentation if arbitration breaks in its favor.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: February 7, 2024, Case #: 3:22cv443, NOS: Insurance - Contract, Categories: Arbitration, Insurance, Contract
J. Kindred grants cross-motions to amend a dispute between a construction company and the asphalt company it subcontracted with over a federal public works contract for road maintenance. The construction company issued a written notice that the asphalt company was in default due to unaddressed deficiencies in work. The asphalt company responded that it had not been paid for previous work and that cold weather was delaying the completion of the work. The construction company has not shown good cause for modifying deadlines to allow leave to amend, however the asphalt company has shown good cause, therefore the scheduling and planning order's deadline will be modified, allowing both parties to amend.
Court: USDC Alaska, Judge: Kindred, Filed On: February 7, 2024, Case #: 3:21cv228, NOS: Other Contract - Contract, Categories: Contract
J. Pratter grants an insurance company’s motion to transfer this insurance coverage dispute in which a couple from York, Pennsylvania, argues their wind damage claim was wrongfully denied. The Middle District of Pennsylvania is the proper forum for this case.
Court: USDC Eastern District of Pennsylvania, Judge: Pratter, Filed On: February 7, 2024, Case #: 2:23cv2590, NOS: Insurance - Contract, Categories: Insurance, Venue, Contract