162 results for 'filedAt:"2024-03-05"'.
J. Kennedy finds the appeals court properly denied the injured employee's petition for a writ of mandamus. Once the Industrial Commission determined she had reached maximum medical improvement and was no longer entitled to workers' compensation benefits, the Bureau of Workers' Compensation was required under Ohio law to recoup the overpayments made between the time she reached maximum improvement and the commission's decision. Affirmed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: March 5, 2024, Case #: 2024-Ohio-744, Categories: Civil Procedure, Employment, Workers' Compensation
J. Pirtle finds the county court properly denied defendant's motion for postconviction relief without an evidentiary hearing. Defendant was charged with 15 counts pertaining to the sexual abuse of his 15- and 11-year-old daughters and 13-year-old son. He pleaded no-contest to six of the charges. Postconviction claims of ineffective assistance and court errors are procedurally barred because they were or could have been litigated on direct appeal. Defendant has also failed to demonstrate the judge showed any bias by his ruling on his own alleged error. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: March 5, 2024, Case #: A-23-428, Categories: Evidence, Sex Offender, Due Process
[Consolidated.] J. Clay finds the lower court properly ordered the pharmacy owner to voluntarily dismiss a False Claims Act suit against State Farm. The parties' settlement agreement following RICO claims filed against the owner encompassed all claims filed by the owner, not just those involved with fraudulent billing practices. Although the false claims suit was filed under seal, the settlement required the owner to dismiss known and unknown claims, and so the enforcement order was valid. Affirmed.
Court: 6th Circuit, Judge: Clay, Filed On: March 5, 2024, Case #: 22-1409, Categories: Settlements, False Claims, Racketeering
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J. Leblanc grants a request by the owner of a medical office building damaged by back-to-back hurricanes in 2020, ordering its insurer to produce corporate deposition transcripts from other litigation related to the two storms. The insurer argued the property owner’s request was irrelevant and disproportionate to the needs of the case. The prior sworn testimony of the insurer when limited to particular matters is relevant and may lead to discoverable information, particularly regarding claims handling practices.
Court: USDC Western District of Louisiana , Judge: Leblanc, Filed On: March 5, 2024, Case #: 2:22cv05724, NOS: Insurance - Contract, Categories: Evidence, Insurance, Discovery
J. McMillian finds that the appeals court improperly upheld the trial court's order denying the city's motion to dismiss the county's claim alleging that the city's water service charges for residents in unincorporated areas of the county or another municipality amounted to an illegal tax. The county's action under the Services Delivery Strategy Act arose from a dispute with the city over delivery and funding of services for residents. The appeals court also incorrectly upheld the trial court's ruling partially in favor of the county with respect to who should bear the costs of county road maintenance in the unincorporated area. Reversed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: March 5, 2024, Case #: S23G0341, Categories: Municipal Law
J. Brown holds that the state met its burden at the preliminary hearing stage to allege that defendant murdered four victims for the benefit of a criminal street gang. "Page Street" is a gang because it is organized, though informally, has a defined turf, symbols, hand signs and common enemies. Also, its members have specific roles in committing shared crimes and it splits the proceeds of its crimes. Vacated.
Court: California Courts Of Appeal, Judge: Brown, Filed On: March 5, 2024, Case #: A168018, Categories: Murder, Gangs
J. Traum grants the equipment rental company's motion for summary judgment in its employment agreement-related against a former sales rep. The sales rep was hired pursuant to a noncompetition agreement and began communicating with a competitor about job opportunities after having a dispute with his supervisor. After this, the sales rep requested a copy of the agreement to ensure that he was complying with all restrictive covenants and created a 103-page list of customers by taking screenshots of customer information. Sufficient evidence supports the judgment.
Court: USDC Nevada, Judge: Traum , Filed On: March 5, 2024, Case #: 2:21cv2190, NOS: Other Contract - Contract, Categories: Commerce, Evidence, Contract
J. Kleeh adopts in part and rejects in part the one magistrate-judge's report and recommendation, and adopts in its entirety the second in the
landowners' civil rights suit claiming the deputy state auditor violated their rights to due process when he conveyed a tax deed of two lots to a woman who purchased the property in 2020 for unpaid 2019 taxes, despite her failure to notice them of their right to redeem the property. In adopting the reports and recommendations, the court denies the tax deed grantee's motion to dismiss since the statute in place at the time she acquired the property required her to provide the auditor's office a list of those to be served a notice of the right to redeem.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: March 5, 2024, Case #: 2: 22cv17, NOS: All Other Real Property - Real Property, Categories: Civil Rights, Government, Property
J. McHaney finds that the lower court improperly convicted defendant of aggravated battery without providing him a preliminary hearing or indicting him by grand jury. Therefore, there was no probable cause determination on the charges he faced as required by the Illinois Constitution. Reversed.
Court: Illinois Appellate Court, Judge: McHaney, Filed On: March 5, 2024, Case #: 220492, Categories: Constitution, Battery, Due Process
J. Colvin finds that the trial court properly denied a mother's motions for attorney fees and a contempt citation against the grandparents. The trial court granted the mother's petition to set aside and revoke a final consent order granting grandparent visitation rights. There was no evidence presented to support a contempt finding. The mother's challenge to the constitutionality of the grandparent visitation statute is moot. Affirmed in part.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: March 5, 2024, Case #: S24A0004, Categories: Contempt, Family Law, Attorney Fees
J. Christopher finds that the trial court properly ruled in favor of the auto parts delivery driver in her personal injury suit over a rear-end crash caused by another driver. The evidence sufficiently supports the damages awarded to the delivery driver for medical expenses and the finding that the accident caused the injuries to her cervical spine and hand. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: March 5, 2024, Case #: 14-23-00338-CV, Categories: Evidence, Damages, Negligence
J. Pinson finds that the trial court properly convicted defendant of rape and murder. Sufficient evidence was presented to support defendant's convictions, including evidence that one victim was found beaten by the side of a road with defendant's sperm in her vagina and that defendant's conduct accelerated her death from cocaine intoxication. The trial court correctly denied defendant's motion to dismiss the rape charge with respect to the second victim on speedy trial grounds. Defendant failed to show that he was prejudiced by the delay of more than a decade between his indictment and trial for the second victim's rape. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: March 5, 2024, Case #: S23A0927, Categories: Murder, Sex Offender, Speedy Trial
J. Callins finds the lower court improperly found in favor of a sheriff and his deputy in this matter of gross-negligence. While detained in the back seat of a police vehicle, the individual maneuvered to bring his cuffed hands from behind his back to the front of his body, grabbed a loaded gun from the front seat of the vehicle, and shot himself in the head. The individual survived, and filed this action against the sheriff and his deputy claiming they were negligent in supervising him while under arrest. The lower court found that by shooting himself, the individual was a felon illegally in possession of a firearm, and that the deputy had exercised care while detaining him, but the instant court disagrees. Evidence was presented that the deputy saw the individual attempting to manipulate the position of his cuffed hands but did not secure them, and the individual raised the question that he was of unsound mind at the time of the incident, raising an issue of material fact. The matter is remanded for further consideration. Reversed.
Court: Virginia Court Of Appeals, Judge: Callins, Filed On: March 5, 2024, Case #: 1499-22-2, Categories: Negligence, Police Misconduct
J. Frank partially grants the former employees' and their new employer's motion to dismiss the former employer's suit alleging breach of confidentiality, invention and non-compete agreements, breach of the duty of loyalty and unfair competition, and partially grants the former employer's motion for a preliminary injunction or temporary restraining order requiring compliance with the agreements. The employees have failed to establish that the former employer's claims are worth less than $75,000, so the court has subject-matter jurisdiction over the complaint, but the former employer has not shown that the new employer is closely related to the disputes or that it has sufficient contacts with Minnesota for the court to exercise personal jurisdiction over it. A claim against it is dismissed. The employees are prohibited, however, from working with seven dealers they worked with under the former employer and are ordered to abide by non-compete agreements, and one employee is required to certify that he has permanently deleted a spreadsheet or spreadsheets he sent to his personal email.
Court: USDC Minnesota, Judge: Frank, Filed On: March 5, 2024, Case #: 0:23cv3873, NOS: Other Contract - Contract, Categories: Employment, Contract
J. Suddaby enters judgment in favor of a Syracuse police officer on a citizen’s claims for excessive force and failure to intervene, dismissing the entire complaint. He alleges the officer used unreasonable force to restrain him on suspicions that he inserted contraband into his rectum while being detained in a holding cell. He also alleges he was restrained both physically and medically at a local hospital and was forced to undergo a sigmoidoscopy in an effort to retrieve the contraband. Video surveillance shows the officer had not used unreasonable force during these events. The officer also successfully alleges that he was not involved in the hospital’s decision to sedate him or the order to perform the medical procedure.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: March 5, 2024, Case #: 5:20cv1215, NOS: Other Civil Rights - Civil Rights, Categories: Tort, Negligence, Police Misconduct
J. Wang finds for a restoration company in claims contending an insurer refused to pay for work performed after a mudslide damaged a Sheraton Hotel property in Rio de Janeiro because the hotel did not challenge skilled labor rates while the work was ongoing, and the insurer did not prove that the company failed to provide invoice documentation.
Court: USDC Colorado, Judge: Wang, Filed On: March 5, 2024, Case #: 1:21-cv-01380, NOS: Other Contract - Contract, Categories: Insurance, Contract
J. Price finds that the lower court properly convicted defendant for child molestation and incest against his daughter. Defendant argues that his daughter was improperly found competent to testify and that she made hearsay statements on the record. The lower court followed all the proper procedures in allowing a child to testify on such a serious issue and showed real thought in considering what was "reasonable to expect for a 6-year-old’s memory." Affirmed.
Court: Washington Court Of Appeals, Judge: Price, Filed On: March 5, 2024, Case #: 57808-5-II, Categories: Sex Offender, Witnesses, Child Victims
J. Cooney finds that the lower court properly convicted defendant of DUI. Defendant claims that the state improperly used a peremptory challenge against a juror, who was Latino, after defendant objected to the move. Defendant says this was race-related, but the juror in question made several comments about his fear that he could not be fair and impartial during the trial, giving the state good cause to excuse them from the trial. Affirmed.
Court: Washington Court Of Appeals, Judge: Cooney, Filed On: March 5, 2024, Case #: 38980-4-III, Categories: Jury, Dui
J. Darrow rules a railway company employee may pursue ADA claims against his employer. The track maintenance laborer, who suffers from ulcerative colitis, sufficiently showed in court that the railway company cut off all communications with him during his FMLA leave, before attempting to strong arm him into resigning.
Court: USDC Central District of Illinois, Judge: Darrow, Filed On: March 5, 2024, Case #: Nache, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Neals dismisses claims contending United Parcel Service fired a truck driver after he complained about repeated harassment and had denied transfer requests and other grievances. Many claims are preempted by UPS's supplemental agreement with the union, and other claims are time-barred; meanwhile, the complaint failed to plausibly allege hostile work environment, and the truck driver failed to respond to the assertion that the alleged harassment had not been severe or pervasive.
Court: USDC New Jersey, Judge: Neals , Filed On: March 5, 2024, Case #: 2:21cv11028, NOS: Employment - Civil Rights, Categories: Preemption, Employment Discrimination, Employment Retaliation
J. Page finds that the lower court properly denied the father's motion to compel arbitration in a divorce suit. The couple's prenuptial agreement includes a mandatory arbitration clause, but the trial court has the authority to determine the wife's challenge to the provision on the grounds of conscionability prior to sending the case to arbitration. Affirmed.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: March 5, 2024, Case #: 111743, Categories: Arbitration, Family Law
J. Trauger partially grants the dismissal motion filed by X Corp. in this lawsuit concerning copyrighted works being posted on the company's social media platform, which was formerly known as Twitter. The plaintiff music publisher's claims for direct and vicarious infringement will be dismissed in their entirety, though the court will allow it to proceed with certain parts of its contributory infringement claim, including an allegation that X Corp. "enforces its copyright policies less stringently" against its verified users.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 5, 2024, Case #: 3:23cv606, NOS: Copyrights - Property Rights, Categories: Civil Procedure, Copyright