155 results for 'filedAt:"2024-02-23"'.
J. Kobes finds a lower court properly sentenced a defendant to 292 months in prison after a jury convicted him for possession with intent to distribute meth. The defendant argued that he was entitled to an acquittal for lack of evidence on two drug convictions. However, the government sufficiently showed in court that he constructively possessed and distributed meth which was located in his apartment, and that he established dominion over the residence by paying utilities and a power bill in his name. Affirmed.
Court: 8th Circuit, Judge: Kobes, Filed On: February 23, 2024, Case #: 22-3573, Categories: Drug Offender, Evidence, Sentencing
Per curiam, the Kansas Supreme Court publicly reprimands a certified court reporter for repeatedly failing to timely submit an expedited transcript to an appeals court. The court reporter argued that she did not knowingly make untrue statements concerning her job duties. However, the State Board of Examiners of Court Reporters sufficiently showed in court that she failed to meet dates of completion of transcripts after securing several extension requests without justification.
Court: Kansas Supreme Court, Judge: Per curiam, Filed On: February 23, 2024, Case #: 1721, Categories: Employment, Negligence
J. Rogers revives a former medical student’s claims that Howard University violated his civil rights when it refused to allow him to take an examination for a fourth time in light of his test-taking-anxiety disability. The three-year, rather than one-year, statute of limitations apply to his civil rights claims. Reversed in part.
Court: DC Circuit, Judge: Rogers, Filed On: February 23, 2024, Case #: 22-7103 , Categories: Civil Rights, Education
J. Robart declines to dismiss the Washington Consumer Protection Act claim in the timeshare owners' class action alleging that Happy Hour Media Group did not truly assist them in "exiting" their timeshare obligations in various resort properties. False advertising can be an unfair or deceptive practice under the WCPA, and the timeshare owners sufficiently allege that Happy Hour knowingly provided false information when promoting Reed Hein & Associates, because Happy Hour “drafted advertising and marketing content used by” Reed Hein and Lampo Group.
Court: USDC Western District of Washington, Judge: Robart, Filed On: February 23, 2024, Case #: 2:23cv630, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, Class Action, False Advertising
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[Consolidated.] J. Burns denies the city’s motion for rehearing in this case where the trial court properly tossed a taxpayer challenge to an initiative to raise the county sales tax by 0.5% to fund early childhood education and pediatric care. The opinion shall be modified and there shall be no change to the judgment. Affirmed.
Court: California Courts Of Appeal, Judge: Burns, Filed On: February 23, 2024, Case #: A166401, Categories: Elections, Tax
J. Seller finds the lower court correctly ruled when denying a citizen's open records request for immediate access to settlement agreements between the city and carpet/chemical manufacturers regarding pollution of the municipality’s water with PFAS, i.e. “forever chemicals.” There is currently bidding regarding a new water-treatment facility, so it is not in the public's best interest to disclose the settlements before the completion of the competitive-bid process. Affirmed.
Court: Alabama Supreme Court, Judge: Sellers, Filed On: February 23, 2024, Case #: SC-2023-0530, Categories: Public Record, Water, Business Practices
J. Tenney finds defendant’s counsel failed to ask for jury instructions that would define the serious bodily injury on his possession of a dangerous weapon counts. Defendant was not prejudiced for the convictions based on a chain with padlock and an axe, but he was prejudiced to the conviction based on a turkey hook. The counsel properly chose not to move for direct verdict on the paraphernalia count, because there is enough evidence to support that claim. Therefore, there only needs to be a new conviction regarding the weapon counts. Reversed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: February 23, 2024, Case #: 20220143-CA, Categories: Drug Offender, Weapons, Jury Instructions
J. Carroll finds the trial court improperly denied an aviation company’s post-judgment motion for reconsideration for a contract dispute against the Vermont Agency of Commerce and Community Development. The agency was granted its motion to dismiss, for failure to state a claim, the breach of contract claim related to a failed project that the lender stopped financing. The aviation company must convince the lower court to reopen the case before opening a second amended complaint to cure the deficiencies. Reversed.
Court: Vermont Supreme Court, Judge: Carroll, Filed On: February 23, 2024, Case #: 23-AP-311, Categories: Banking / Lending, Contract, Aviation
J. Harris finds the trial court erred in only dismissing some of the charges remaining against defendant after a jury found him not guilty of possessing a firearm as a felon, which he was charged with after running from police officers investigating an area where shots had been heard. The trial court properly dismissed two other firearms charges against defendant, but it should have also dismissed charges of cocaine possession and resisting an officer without violence because of their close relation to all of the other charges stemming from the same acts. The case is remanded for the trial court to dismiss defendant's remaining charges. Reversed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: February 23, 2024, Case #: 23-0221, Categories: Drug Offender, Firearms, Resisting Arrest
J. Harris finds the trial court erred by granting the citizen's motion to block enforcement of a waiver she signed before entering a trampoline park where she suffered a permanent injury and denying the trampoline park owner's motion to compel mediation. The trial court overstepped its authority by determining the waiver was unenforceable, as that is the responsibility of an arbitrator. Since the citizen did not bring up any sufficient defense against the waiver's mediation clause, the trial court should have compelled mediation, which it is ordered to do on remand. Reversed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: February 23, 2024, Case #: 23-1697, Categories: Mediation, Premises Liability
J. Makar finds that the trial court's order denying defendant's motion asking the clerk of court to remove her habitual traffic offender designation entered upon her no contest plea to driving with a suspended license is appealable, contrary to the state's position. Defendant may appeal the trial court's order under Florida appellate and criminal procedures, so the state's motion to dismiss the case for lack of jurisdiction is denied and the appeal will move forward.
Court: Florida Courts Of Appeal, Judge: Makar, Filed On: February 23, 2024, Case #: 23-2914, Categories: Criminal Procedure, Vehicle
J. McDonald finds the energy authority properly recalculated and reduced the operating cost recovered by the peak energy generation facility. The reduction was based on credible evidence the facility had misstated its debt-to-equity ratio and would recover excessive amounts from consumers if changes were not made. Affirmed.
Court: Connecticut Supreme Court, Judge: McDonald, Filed On: February 23, 2024, Case #: SC20716, Categories: Energy, Government, Consumer Law
J. Southwick finds the district court properly dismissed the pilot's claims against the corporate defendants. The pilot suffered injuries from a crash caused by alleged component malfunctions of the single-engine plane he was flying. He filed suit in Mississippi state court against various manufacturers, and the suit was removed to federal court because two Mississippi defendants were improperly joined. Claims against the out-of-state defendants were then dismissed for lack of personal jurisdiction. Although certain requested documents could potentially show Mississippi connections, the pilot relies "on vague assertions that additional discovery will produce needed, but unspecified facts,” which is insufficient to allow jurisdictional discovery. Affirmed.
Court: 5th Circuit, Judge: Southwick , Filed On: February 23, 2024, Case #: 22-60603, Categories: Product Liability, Jurisdiction, Aviation
J. Sargus grants the mineral rights owner's motion for a preliminary injunction, ruling its offer of $100,000 to the surface rights owner and plan to drill horizontally into neighboring properties gives the surface owner due regard for its intended use of the land as a deer hunting reserve. Therefore, the $100,000 will be paid and the mineral rights owner will be allowed to begin development of the proposed wells.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: February 23, 2024, Case #: 2:23cv4232, NOS: All Other Real Property - Real Property, Categories: Environment, Property, Injunction
J. Gonzalez grants partial summary judgment and finds a Canadian augmented reality advertising firm liable on two investor’s breach of contract claim alleging the firm violated an agreement allowing investors to convert their stock warrants into shares conditioned upon certain criteria. The company was not allowed to accelerate the warrants’ expiration because its stock price had not maintained a value of $0.75 for 10 consecutive days, as stipulated under the agreement. The court leaves the question of damages for a jury to determine.
Court: USDC Eastern District of New York, Judge: Gonzalez, Filed On: February 23, 2024, Case #: 2:20cv3880, NOS: Other Contract - Contract, Categories: Securities, Contract
J. Cadish finds the county court properly ruled in favor of the surgeon in this medical malpractice suit. The patient sustained a femoral nerve injury during a hip replacement and filed this suit alleging negligence and lack of informed consent. Though the patient says that certain expert testimony containing legal fallacies should not have been allowed, a doctor stating the surgery was properly completed, and the injury happened incidentally is not a legal fallacy. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: February 23, 2024, Case #: 85163, Categories: Negligence, Experts, Medical Malpractice
J. Barber grants summary judgment to the employer, dismissing the employee's suit alleging that the employer retaliated against him for taking medical leave. The employee has not cited any cases holding that conduct like the employer's was sufficiently "outrageous" to qualify as intentional infliction of emotional distress, nor demonstrated that allowing law enforcement to place a tracked package in his truck without notifying him was an adverse employment action. He also has not shown that warning letters or a denial of vacation were materially adverse actions.
Court: USDC Middle District of Florida, Judge: Barber, Filed On: February 23, 2024, Case #: 8:22cv1801, NOS: Family and Medical Leave Act - Labor, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Jarbou finds that U.S. Patent 11,348,491, a utility patent for a school bus sign, infringed a competitor's sign because an ordinary person would conclude the sign's lighting and framing were substantially similar to the competitor's work.
Court: USDC Western District of Michigan, Judge: Jarbou, Filed On: February 23, 2024, Case #: 1:22cv915, NOS: Patent - Property Rights, Categories: Patent
J. Breedlove finds that the lower court improperly granted summary judgment in favor of the appraisal district in this dispute over a certain property tax. The parties' agreement did not indicate that the property owner "agreed to a valuation of the property during the relevant tax year or that it intended to waive its right to challenge the District's valuation." Reversed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: February 23, 2024, Case #: 05-23-00270-CV, Categories: Real Estate, Tax
J. Raphael finds the trial court properly denied defendant’s motion to vacate his voluntary manslaughter conviction after he pleaded guilty to a murder charge. The man claims he was not alone when he stabbed the victim, and that he was defending himself. The investigators recounted the admission that he acted alone, and nothing suggested there was an accomplice. Affirmed.
Court: California Courts Of Appeal, Judge: Raphael, Filed On: February 23, 2024, Case #: E080611, Categories: Murder, Sentencing, Manslaughter
[Consolidated.] J. Edwards finds that the lower court properly terminated the parental rights of the father but improperly terminated the mother's parental rights in these consolidated cases. The evidence sufficiently supports the lower court's abandonment finding, as to the father. The record does not show, however, that there was "no viable alternative to the termination of the mother's parental rights." Specifically, there was no evidence that the maternal aunt "knew that the children had been removed from the mother's custody." Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: February 23, 2024, Case #: CL-2023-0393, Categories: Civil Procedure, Family Law