135 results for 'filedAt:"2024-02-16"'.
J. Huie grants the shareholder $520,000 in attorney fees after a jury found in its favor in a lawsuit seeking to recover short-swing profits that the President and CEO of Franklin Wireless Corp. realized in two securities transactions. The shareholder requested $700,000 in fees, equating to 35% of the jury's $2 million award, but the amount is reduced to 26% of the recovery due to the short duration of the trial and the relatively simple issues in this case.
Court: USDC Southern District of California, Judge: Huie, Filed On: February 16, 2024, Case #: 3:21cv1316, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, Attorney Fees
J. Calabretta denies, in part, California Air Resources Board officials’ motion to dismiss two railroad associations’ challenges to new locomotive regulations. The associations have sufficiently pleaded their claims related to idling requirements, reporting and recordkeeping requirements, and an administrative payment provision.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: February 16, 2024, Case #: 2:23cv1154, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, Environment, Transportation
J. Holloway finds the lower court properly convicted defendant of first-degree premeditated murder for shooting a woman to death outside of a nightclub, and sentenced her to life imprisonment. While defendant argues the lower court erroneously allowed video, audio, and posts from Snapchat and Facebook, the lower court found the evidence relevant to defendant’s character, relationship to the victim, as well as intent and premeditation. Defendant argues social media evidence to her character, alleged drug use should not have been allowed, but the instant court finds it admissible and she was not prejudiced, as the other evidence against defendant was overwhelming. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Holloway, Filed On: February 16, 2024, Case #: E2022-01662-CCA-R3-CD, Categories: Evidence, Murder
J. Jackson transfers a Louisiana lawyer’s claims she was severely “eaten by bed bugs” during her rehabilitation stay at a Virginia-based drug and alcohol facility. The attorney fails to show her multiple payments to the rehab center confers jurisdiction of her payment dispute and bed-bug claims. Significantly, neither litigant requested the transfer. “Transfer, not dismissal, best serves to promote judicial efficiency, conserve the [litigants’] resources and avoid duplication of efforts.”
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: February 16, 2024, Case #: 3:22cv114, NOS: Insurance - Contract, Categories: Tort, Jurisdiction, Contract
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J. Axon grants, in part, the city’s motion for summary judgment and motion to strike certain evidentiary exhibits in this employment dispute brought by a former police officer. The Black officer worked for the special investigations unit when he was told by supervisors that he was being reassigned because special assignments only last five years. However, this rule was not enforced for white officers, and his new assignment constituted a demotion. The retaliatory hostile work environment claim is denied and will proceed to trial. The motion to strike is denied as moot as to all evidence the city objects to.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: February 16, 2024, Case #: 2:22cv178, NOS: Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation
J. Watson partially dismisses a school janitor’s claims that the Hawaii education department refused to hire him on a full time basis because he is Black. The department and the individual school staff have sovereign immunity on liability claims. Claims against some of the school staff regarding aiding and abetting discrimination may proceed, as the janitor showed they were directly involved in the decision not to hire him.
Court: USDC Hawaii, Judge: Watson, Filed On: February 16, 2024, Case #: 1:22cv294, NOS: Employment - Civil Rights, Categories: Education, Immunity, Employment Discrimination
J. Huffman finds the lower court properly granted custody of the children to their uncle. Neither parent took responsibility for actions that led to the initial removal of the children, including anger management and drug issues, while they also failed to complete the majority of their case plans, failed numerous drug tests and missed visitations. Affirmed.
Court: Ohio Court Of Appeals, Judge: Huffman, Filed On: February 16, 2024, Case #: 2024-Ohio-601, Categories: Evidence, Family Law
J. Smith finds that the trial court properly dismissed claims contending the university fired a tenured professor without following procedures outlined in the faculty handbook because the court was allowed to seek supplemental submissions on the board's decision-making process, and the teacher had the right to contest evidence presented in the case. Affirmed.
Court: New Jersey Appellate Division, Judge: Smith , Filed On: February 16, 2024, Case #: A-0089-22, Categories: Civil Procedure, Employment Discrimination
J. Heytens finds the lower court improperly ruled that the Electronic Fund Transfer Act did not protect a prepaid debit card. The self-employed mechanic applied for and received unemployment benefits during the COVID-19 pandemic that the government distributed via prepaid debit cards. After a prolonged period, the mechanic received his card, but the card had a zero balance, and the entire $14,644 had been spent between August and October on transactions he did not recognize. The mechanic sued the bank, asserting its conduct and error-claim procedures violated the federal Electronic Fund Transfer Act and various state law obligations. The Act does protect the account because it is a government benefit account under the controlling regulations. Vacated.
Court: 4th Circuit, Judge: Heytens, Filed On: February 16, 2024, Case #: 22-1954, Categories: Government, Banking / Lending, Covid-19
J. Blacklock finds that the court of appeals improperly ruled against a newspaper publisher in a defamation case brought by a local prosecutor. The prosecutor alleged in his complaint that the newspaper falsely accused him of assisting in the wrongful prosecution of an individual. Both the trial court and court of appeals denied the newspaper’s attempt to have the case dismissed under the Texas Citizens Participation Act. Even if the article is not entirely accurate, the “gist” of it is true and is therefore protected and the case should have been dismissed. Reversed.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: February 16, 2024, Case #: 22-0103, Categories: Anti-slapp, Defamation
J. Vitter grants summary judgment to a minority-owner of a joint venture of general contractors formed to obtain construction work on prison buildings in New Orleans, dismissing the majority-owner's demands for a total of $6 million in capital contributions it made on behalf of its estranged minority partner. The ruling finds the joint venture agreement requires an executive committee's approval of the need for capital contributions to bind the two contractors and partners. The language of the joint venture agreement makes it clear the minority partner is not in default of the contract since the executive committee did not unanimously approve the majority partner’s capital contribution.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: February 16, 2024, Case #: 2:22cv5323, NOS: Other Contract - Contract, Categories: Construction, Evidence, Government
J. Gobeil finds that the trial court properly rejected the board's motion to dismiss the taxpayer's appeal of a property valuation decision. The taxpayer's appeal was timely. The 30-day deadline is calculated from the date the taxpayer receives the decision in the mail, not the date when it is sent by the board. Affirmed.
Court: Georgia Court of Appeals, Judge: Gobeil, Filed On: February 16, 2024, Case #: A23A1530, Categories: Civil Procedure, Tax
J. Suttell finds that the trial court improperly granted summary judgment to a firefighter who retired after sustaining a work-related injury because he failed to provide the necessary text of the collective bargaining agreement to demonstrate that the term "monthly net pay” unambiguously supported his position.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: February 16, 2024, Case #: 22-348, Categories: Employment, Contract, Labor
J. Murphy finds the lower court erroneously denied the jail officers' motion for qualified immunity on civil rights claims filed by the estate of the WWE wrestler. It applied the Sixth Circuit's current caselaw standard, not the standard applicable in 2018 at the time of the inmate's suicide. Although current precedent requires prison guards "recklessly overlook" a pretrial detainee's strong likelihood of suicide, the standard applicable at the time of the incident in question required proof that guards "subjectively believed" there was a strong likelihood of suicide. Because all testimony from the guards in this case indicates the decedent never seemed suicidal, was not experiencing any drug or alcohol withdrawals, and was nearly two decades removed from a previous suicide attempt, they had no reason to believe he would kill himself and are entitled to immunity. Reversed.
Court: 6th Circuit, Judge: Murphy, Filed On: February 16, 2024, Case #: 22-5898, Categories: Civil Rights, Immunity, Wrongful Death
J. Pryor finds that the district court properly ruled in favor of the prison officials and correctly found they are entitled to qualified immunity from the inmate's First Amendment action alleging that the officials retaliated against him for reporting that he was sexually assaulted during a pat-down search. Disciplinary proceedings for lying were initiated against the inmate after an investigator determined the inmate's accusation was unfounded. The officials complied with prison regulations and were acting in the scope of their discretionary authority when they disciplined the inmate for breaking a prison rule against lying. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: February 16, 2024, Case #: 22-11738, Categories: Immunity, First Amendment, Prisoners' Rights
J. Bolden denies, in part, the police officers' motion for summary judgment, ruling the false arrest claim filed by the female occupant of the vehicle will proceed. Although she was not charged with a crime and was released on the same night as the confrontation, a jury must determine whether the officers' decision to handcuff her for several hours and transport her to the police station constituted an arrest. Meanwhile, the officers are entitled to immunity on the male occupant's excessive force claim as it relates to their initial use of pepper spray because the officers told the occupant to exit his vehicle at least 12 times over a minute-long period before they used the pepper spray, which made that use of force reasonable.
Court: USDC Connecticut, Judge: Bolden, Filed On: February 16, 2024, Case #: 3:20cv1766, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Evidence, Immunity
J. Dato finds the trial court properly denied a continuance in this guardianship dispute when the father’s counsel withdrew. The father requested sole and physical custody of the children. The court issued a proposed decision giving the mother sole custody of the children with the parties having equal physical custody. The husband failed to show the denial affected the outcome of proceedings and both parties shall bear their own costs in this appeal. Affirmed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: February 16, 2024, Case #: D080977, Categories: Family Law, Guardianship
J. Stafford finds the lower court properly denied a petition to terminate a mother’s parental rights to her minor child. Despite finding that grounds for termination for failure to support and failure to visit were supported, it determined that termination of the mother’s parental rights is not in the child’s best interest. Because the instant court finds that the standard of clear and convincing evidence for termination of parental rights was not met, it affirms the lower court’s decision to dismiss the petition. The instant court finds there is insufficient evidence to support the lower court’s finding of persistence of conditions and reverses that finding. Affirmed in part.
Court: Tennessee Court of Appeals, Judge: Stafford, Filed On: February 16, 2024, Case #: E2023-00042-COA-R3-PT, Categories: Family Law
J. Kennedy finds that Marion County Common Pleas Court Judge Jason Warner will be indefinitely suspended from the practice of law for felony convictions related to a hit-and-run car accident that occurred after he and his wife left a party where they had been drinking alcohol. Although Warner was not the driver of the car, he left the scene and waited more than nine hours to call law enforcement, but because the misconduct was not committed in his judicial capacity, he will be suspended and not disbarred.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: February 16, 2024, Case #: 2024-Ohio-551, Categories: Judiciary, Sanctions, Attorney Discipline
J. Wolford rules in part against a school district accused of placing an assistant principal on administrative leave and forcing her into retirement based on her age, as well as testimony contending witnesses observed elementary school students sitting on the head principal's lap. The assistant principal contends she was barred from school premises and activities while on leave, that the school tried to rescind her license, and that she had been threatened with legal action. However, the assistant principal decided to transfer to another assignment despite repeated inquiries into her retirement, and her salary and benefits were not reduced.
Court: USDC Western District of New York, Judge: Wolford , Filed On: February 16, 2024, Case #: 6:23cv6308, NOS: Other Civil Rights - Civil Rights, Categories: Employment Discrimination
[Consolidated.] J. Mitchell reverses the lower court, instead finding that embryos outside of the biological uterus in a cryogenic nursery should be viewed as children, allowing coverage under the state's Wrongful Death of a Minor Act. This permits the parents whose embryos were destroyed to pursue punitive claims against the medical center. Reversed in part.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: February 16, 2024, Case #: SC-2022-0515, Categories: Constitution, Government, Negligence
J. Jenkins vacates the resentencing of defendant to life imprisonment because the district court did not comply with the statute requiring consideration of aggravating and mitigating factors. Further, the district court did not allow any argument on the merits of defendant's motion to reconsider sentence. Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: February 16, 2024, Case #: 2023-KA-0605, Categories: Criminal Procedure, Sentencing
J. White finds that the Agency for Health Care Administration improperly modified and denied factual findings made by the administrative law judge in a recommended order that found in favor of the agency. The written judgment contains a scrivener's error, however, so the court notes a correction related to fees and fines. Reversed.
Court: Florida Courts Of Appeal, Judge: White, Filed On: February 16, 2024, Case #: 6D23-1494, Categories: Evidence, Government
J. Bell grants a holding company’s motion to dismiss allegations of breach of contract, bad faith and unfair trade practices brought by the wife of a company client. After the client passed away, the wife claims the company began charging too much on the client’s life insurance policy. However, the wife’s claims are barred by a settlement agreement reached after a class action alleging the company of the same behavior was settled in 2023.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 16, 2024, Case #: 5:23cv145, NOS: Other Contract - Contract, Categories: Insurance, Trade, Contract
J. Brown, ruling on the oldest active case on Eastern District of New York’s docket, affirms in part a magistrate judge’s report and recommendation and trims a 17-count complaint down to a manageable eight counts. The lawsuit, which was first filed in 2008, alleges a small village in Nassau County violated a Jewish institution’s religious freedoms when it imposed additional building requirements on a proposed synagogue, which was to be located in a residential area. The court agrees with the magistrate’s conclusions that the claims are ripe and present facial challenges to the village’s Places of Worship law.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: February 16, 2024, Case #: 2:08cv5081, NOS: Other Civil Rights - Civil Rights, Categories: Zoning, First Amendment
J. Reiber finds the trial court improperly dismissed a man’s charges of aggravated sexual assault and lewd or lascivious conduct with a child under 13 after a pre-indictment delay of 19 years. The man has not proved a sufficient claim of denial for any speedy trial violations. Therefore, the trial court’s dismissal of charges must be remanded for further proceedings. Reversed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: February 16, 2024, Case #: 23-AP-050, Categories: Sex Offender, Speedy Trial