169 results for 'filedAt:"2024-02-14"'.
J. Leggatt finds a lower court improperly dismissed a driver's motion for insurance coverage in connection to two car accidents. The insurance company argued that the insured driver was not entitled to damages for "pure economic loss." However, the driver presented sufficient evidence in court that her insurance policy covers negligent damage of property at the hands of a third party. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Leggatt, Filed On: February 14, 2024, Case #: 2024UKSC6, Categories: Insurance, Contract
J. Melgren grants a former employee's motion for summary judgment concerning an insurance company's denial of disability benefits under ERISA. The former employee, who developed a serious back pain condition at work, sufficiently showed in court that he was disabled while under the plan before he lost his job.
Court: USDC Kansas, Judge: Melgren, Filed On: February 14, 2024, Case #: 2:23cv2054, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, Erisa, Insurance
J. LaSalle finds that the lower court properly convicted defendant of assault for stabbing his estranged wife's boyfriend after executing a search warrant for his cell phone to obtain cell site location data. The search was properly executed "in the state" as required by law, even if it was faxed to the phone provider's location in New Jersey. The warrant was executed in Kings County, New York and therefore a New York court had jurisdiction to issue the search warrant. Affirmed.
Court: New York Appellate Divisions, Judge: LaSalle, Filed On: February 14, 2024, Case #: 00785, Categories: Search, Assault, Technology
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J. Connolly affirms the commissioner of health's determinations that the assisted-living facility operator maltreated and failed to provide appropriate care to a resident. The resident's 11 falls in the facility, including one in which she broke her leg and one which led to her death, and the facility's failure to review or update her care plan after any of these falls are sufficient evidence to support those determinations, and an investigator was not required to offer any alternative interventions to prove maltreatment. Attempts to impeach the credibility of the investigator also fail. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Connolly, Filed On: February 14, 2024, Case #: A23-0678, Categories: Administrative Law, Elder Abuse
J. Emas finds the trial court properly denied defendant's motion to disqualify the trial court during proceedings in a case in which defendant was found to have convicted four new crimes, including drug possession and DUI, while on probation after serving a sentence for armed robbery and gun possession. The trial court did not err by inquiring about defendant being qualified as a "prison releasee reoffender" when determining whether to reject or approve defendant's negotiated plea, which defendant's counsel incorrectly argued deviated from the trial court's neutrality. Defendant's life sentence entered upon the revocation of his probation is upheld. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: February 14, 2024, Case #: 22-1298, Categories: Probation, Robbery, Plea
J. Agee finds the lower court properly denied the inmate's petition for a writ of habeas corpus. The inmate is a famous music manager serving multiple life sentences for his role in drug trafficking and murder. Then-President Trump told the inmate's supporter, former Cleveland Browns running back Jim Brown, that he would commute the inmate's sentence, but Trump never actually signed a warrant of commutation. While it is not required that Trump file paperwork to make a commutation valid, his forward-looking statements - as alleged by Mr. Brown - indicate that he was not proclaiming the inmate pardoned over the phone. Affirmed.
Court: 4th Circuit, Judge: Agee, Filed On: February 14, 2024, Case #: 22-7188, Categories: Drug Offender, Habeas, Murder
J. Hurd declines to reconsider a prior court ruling dismissing a engineering consultancy firm’s requests for a temporary restraining order and preliminary injunction against a former executive which seek to prevent him from taking any actions that would violate the restrictive covenants of his employment contract. The court ruled the former executive’s pending California lawsuit to determine his rights under the contract takes priority, and the firm fails to present any new evidence or law that would counteract that ruling.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: February 14, 2024, Case #: 1:24cv76, NOS: Other Contract - Contract, Categories: Restraining Order, Contract
[Consolidated.] J. Winkler finds the lower court properly held jurisdiction over the custody case. Although the children currently reside in New York, they were living in Ohio at the time the alleged abuse and neglect occurred. Meanwhile, the finding by the lower court that the children were abused was supported by overwhelming evidence, including the opinion of three doctors that the deceased child died of homicide and testimony the children were all malnourished and punished in excessive and cruel ways. Affirmed.
Court: Ohio Court Of Appeals, Judge: Winkler, Filed On: February 14, 2024, Case #: 2024-Ohio-538, Categories: Evidence, Family Law, Jurisdiction
J. Xinies denies an insurer and its third-party vendor’s motion for summary judgment in this class Telephone Consumer Protection Act action brought by an insured. The consumer was in a vehicle accident and contacted his insurer to start a claim, the following day the vendor started contacting by a voice recording phone call in an attempt to schedule an independent medical exam. The insurer was to contact the attorney regarding the vehicle accident and consumer. Therefore, a factfinder could find that the vendor was undermining any claims by contacting the consumer and not his attorney.
Court: USDC Maryland, Judge: Xinis, Filed On: February 14, 2024, Case #: 8:21cv2746, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Insurance, Vehicle, Negligence
Per curiam, finds that the trial court improperly awarded the marital mobile home and property to the former wife. The former husband, during a Zoom hearing, did recommend that he have no other financial obligations if the former wife received the mobile home, or the mobile home could be sold, and the parties split everything in half. On remand, the trial court may also reconsider or adjust the alimony. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: February 14, 2024, Case #: 4D2023-0938, Categories: Family Law, Property, Settlements
J. Smith finds that although the majority of the prosecution's case rested on circumstantial evidence, there was more than enough to convict defendant of murder, including his DNA found on a hat near the victim, as well as a witness who testified defendant came to his home the day of the murder with blood on his clothing asking to wash his hands. Meanwhile, the failure by defendant's attorney to object to various witness statements that lent credibility to the prosecution's case did not rise to the level of ineffective assistance and was part of a sound trial strategy to avoid drawing attention to such evidence. Furthermore, his mention of possible drug use by defendant during closing arguments was also acceptable, as that information had already been brought up during trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: February 14, 2024, Case #: 2024-Ohio-549, Categories: Evidence, Ineffective Assistance, Murder
J. Kobayashi partially dismisses a negligence claim regarding a jet fuel leak at the Navy’s Red Hill Facility that compromised military families’ drinking water. The Navy testing water samples for carbons, but not specifically jet fuels due to on-island laboratory capabilities, was discretionary and a legitimate policy consideration, granting the military sovereign immunity from a portion of the families’ negligence claims. A remediation claim requires more briefing before a ruling.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: February 14, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Tort, Negligence
J. Wilkinson finds the lower court properly affirmed the U.S. Citizen and Immigration Services decision to deny residence to a citizen of the Czech Republic. The foreign citizen, who attempted twice to claim he was married to an American, was found to be lying about the first marriage, meaning for his second attempt, he didn't pass the marriage fraud bar, which prohibits the approval of petitions on behalf of any noncitizen who has previously been found to have entered into a fraudulent marriage to circumvent immigration laws. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: February 14, 2024, Case #: 22-2285, Categories: Fraud, Immigration, Agency
[Consolidated.] Per curiam, the circuit finds that the district court properly declined to dismiss excessive force claims brought against three municipal police officers who claimed qualified immunity. Questions remain unresolved as to whether officers used an unreasonable degree of force in abruptly pulling plaintiff from her home when she agreed to cooperate and sending her, handcuffed and head-first, into the back seat of a police cruiser, causing head injuries. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: February 14, 2024, Case #: 22-3162 (L), Categories: Civil Rights, Immunity, Police Misconduct
J. Joyce finds the trial court erred in issuing a permanent stalking protective order (SPO) against an individual. There was insufficient evidence that the individual's conduct gave the ex-girlfriend "reasonable apprehension" for her personal safety. Reversed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: February 14, 2024, Case #: A181002, Categories: Evidence, Harassment
J. Kelsey finds the trial court properly dismissed a wrongful death action brought by the estate of decedent against medical providers. The estate’s personal representative failed to present the claim to the department of financial services within the two years the claim accrued. Affirmed.
Court: Florida Courts Of Appeal, Judge: Kelsey, Filed On: February 14, 2024, Case #: 1D2023-0724, Categories: Due Process, Wrongful Death
J. Biggs recommends dismissal of a food stamps recipient’s complaint against the North Carolina Department of Health and Human Services after granting his application to proceed solely for the purpose of recommending the dismissal. The recipient alleges the department discriminated against him by denying him food stamps based on drug charges in another state because he has a drug addiction, which the ADA considers a disability. However, the recipient does not meet the requirements of suit under the federal law he invokes, as the department is not a person and the recipient has not identified any associated person to sue.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: February 14, 2024, Case #: 1:23cv320, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Government
J. Doughty grants a request by presidential hopeful Robert F. Kennedy Jr. for a preliminary injunction barring the Biden Administration from violating the candidate’s constitutional right to free speech by discouraging social media platforms from publishing his anti-Covid-19 vaccine messages. Kennedy and other litigants have produced evidence of “a massive effort by the White House to federal agencies, to suppress speech based on its content.” The administration argues it was trying to protect the public health by discouraging Kennedy and others from spreading disinformation.
Court: USDC Middle District of Louisiana, Judge: Doughty, Filed On: February 14, 2024, Case #: 3:23cv381, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government, Covid-19
Per curiam, the Supreme Court of Ohio finds the appeals court properly granted the employer's petition for a writ of mandamus to vacate the Industrial Commission's award of additional workers' compensation benefits to the injured employee. Although the work area was surrounded by a perimeter fence with a gate, it was not a workshop under Ohio law considering the employee's main job was moving vehicles and there was no industrial equipment on site. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: February 14, 2024, Case #: 2024-Ohio-526, Categories: Evidence, Workers' Compensation
Per curiam, the appellate court finds that the trial court should not have denied a bank's exception of no cause of action on a borrower's Unfair Trade Practices and Consumer Protection Law claims that the bank failed to exercise due diligence and discover a repossessor’s blanket lien on behalf of the borrower. In this case, there is no written agreement requiring the bank to do a lien search on behalf of the borrower. Further, the bank is a federally insured financial institution that is expressly exempt under the Unfair Trade Practices and Consumer Protection Law. Reversed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: February 14, 2024, Case #: 23-C-595, Categories: Banking / Lending, Contract
J. Shorr finds the Land Use Board of Appeals properly rejected challenges to relating to Portland’s zoning regulations of “Bulk Fossil Fuel Terminals.” The text of the ordinance did not support the business associations’ legal interpretation. Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: February 14, 2024, Case #: A182570, Categories: Zoning