202 results for 'filedAt:"2024-03-06"'.
J. Molaison finds that a patient's medical malpractice action is dismissed due to insufficient notice. In this case, the patient requested service by the clerk but stated that copies of the pleadings to be served would be provided. These copies were not provided until after the 90-day time period had run. Reversed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: March 6, 2024, Case #: 24-C-10, Categories: Civil Procedure, Medical Malpractice
J. Traxler finds the lower court properly sentenced the defendant. The defendant, convicted of selling fentanyl, argued his prior conviction of attempted robbery with a dangerous weapon isn't a violent felony for the purpose of sentence enhancements. The statute at issue, however, does not create an inchoate attempt offense and instead defines the crime of robbery with a firearm or other dangerous weapon and includes within that definition of robbery cases where the defendant attempted but did not succeed in taking personal property. Affirmed.
Court: 4th Circuit, Judge: Traxler, Filed On: March 6, 2024, Case #: 21-4434, Categories: Drug Offender, Robbery, Sentencing
J. Kamins finds the trial court properly dissolved a marriage by recognizing the mother as primary caregiver of their three children. The court “weighed evidence that father had drained the parties’ bank account, leaving mother no money to support herself or the children, threw away family memorabilia, and for a time failed to make an effort to see the children.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: March 6, 2024, Case #: A177528, Categories: Family Law
J. Kamins finds the trial court erred in ruling that an ex-wife's comments that her ex-husband had abused her were of public interest and thus fall under the protection of the anti-SLAPP statute. “Unchallenged evidence of a waiver of the rights protected by the anti-SLAPP statute can satisfy a plaintiff’s burden to defeat an anti-SLAPP motion once a defendant has satisfied the burden at the first step.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: March 6, 2024, Case #: A178568, Categories: Anti-slapp
J. Chase finds that the trial court properly terminated a mother's parental rights to her child. In this case, the record shows that the mother abandoned her child based on non-support and failure to substantially comply with the case plan, including finding a suitable place to live. Further, the child is in a stable foster home where she is not experiencing the difficulties she encountered while with her mother, including homelessness, missing school, and malnutrition. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: March 6, 2024, Case #: 2024-CA-0004, Categories: Evidence, Family Law
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J. Love vacates the trial court's confirmation of a default judgment against the alleged personal guarantor of a debtor under a lease finance agreement. In this case, the creditor did not attach the personal guarantee. However, the creditor complied with the certification requirements and attached the necessary documentation to establish the debtor's amount owed. Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: March 6, 2024, Case #: 2023-CA-0658, Categories: Civil Procedure, Debt Collection
J. Nakasone finds the circuit court improperly set $3.3 million cash bail for defendant, who is charged with murder and other violent crimes. The court was right to deny defendant supervised release based on prior convictions and likely flight risk, but should not have set bail so high. The court should have conducted a financial circumstances analysis when setting bail for defendant, who is unemployed and relies on fixed income. Vacated in part.
Court: Hawai'i Court Of Appeals, Judge: Nakasone, Filed On: March 6, 2024, Case #: CAAP-23-444, Categories: Murder, Bail
J. Crabtree rules an estate administrator may pursue wrongful death claims against a nursing home. The estate administrator sufficiently showed in court that nursing home employees failed to prevent her father from walking without assistance, falling, and suffering fatal injuries.
Court: USDC Kansas, Judge: Crabtree, Filed On: March 6, 2024, Case #: 2:22cv2385, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Health Care, Negligence, Wrongful Death
Per curiam, the appellate division finds that Michael Anthony Deem shall be disbarred following his failure to respond to 11 charges of professional misconduct alleging that he engaged in conduct that had no reasonable purpose but to harass another.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 6, 2024, Case #: 01174, Categories: Attorney Discipline
Per curiam, the appellate division finds that the lower court improperly ruled for the town in a dispute over a 2020 property tax valuation. There is a triable issue of fact as to whether there was a revaluation or update of all real property on the assessment roll so as to permit a challenge to the tax assessment despite the three-year moratorium resulting from a 2019 consent judgment. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 6, 2024, Case #: 01184, Categories: Property, Tax
J. Smith finds the trial court's properly granted the wife's petition for a civil protective order. The husband's threat to "put a bullet" in the wife's children from a previous marriage and kill her and himself if she ever cheated on him proved an imminent threat of harm. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: March 6, 2024, Case #: 2024-Ohio-879, Categories: Evidence, Restraining Order
J. Buller finds that a company that leased arcade games was not owed payment in a contract dispute with the arcade because the company was not owed lease payments on gaming machines after terminating its contract by letter. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 6, 2024, Case #: 22-1697, Categories: Contract
J. Massa finds that the trial court should have removed a senatorial candidate from the ballot because he failed to demonstrate that he was unfairly or unconstitutionally required to vote in consecutive republican primaries before running for office in that particular party, as he had not received differential treatment from other candidates. Reversed.
Court: Indiana Supreme Court, Judge: Massa, Filed On: March 6, 2024, Case #: 23S-PL-371, Categories: Civil Rights, Constitution, Elections
J. Logue finds the trial court properly determined that Florida law blocks the estate representative's claim for punitive damages against Philip Morris in her wrongful death lawsuit claiming the company concealed the dangers of the cigarettes that caused her relative's death from lung cancer. The representative was not entitled to pursue her survival claim for punitive damages because she abandoned it before trial and Philip Morris explicitly stipulated that smoking cigarettes led to the relative's cancer and eventual death. The punitive damages she sought for her wrongful death claim are barred by law in part because her case is a progeny of a class action which resulted in Philip Morris paying at least $198 million in damages, and her case alleges basically the same causes of action. Affirmed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: March 6, 2024, Case #: 22-1202, Categories: Damages, Wrongful Death
J. Gordo finds the trial court properly granted summary judgment to the fence supply company in a lawsuit it faced from a motorist who was in a car accident with one of the company's employees, as the motorist did not provide evidence to overcome the presumption of negligence of the motorist that rear-ends someone in an accident, in this case herself. The trial court improperly denied the company attorney fees on the basis that the company's proposals for settlement did not contain specific language about a timeframe for payment and potential judgments, which is not required by law. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: March 6, 2024, Case #: 22-1852, Categories: Vehicle, Attorney Fees
J. Buller finds that the lower court properly excluded testimony in finding for plaintiff in negligence claims stemming from a car collision because the other party failed to preserve error since he did not identify the testimony in question. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 6, 2024, Case #: 22-1628, Categories: Negligence
J. Buller finds that a family settlement agreement was invalid after the distribution of an estate came into question because the beneficiaries entered the agreement before their interests in the estate vested, and two beneficiaries died before the will was admitted to probate. Reversed in part.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 6, 2024, Case #: 22-1671, Categories: Settlements, Wills / Probate
J. Horton finds the trial court improperly convicted defendant for vehicular manslaughter. Defendant struck a can collector who had stepped behind a stopped garbage truck. It is undisputed that the truck had been stopped for 5 seconds and that the sun was setting behind the truck, causing its yellow warning lights to blend with the color of the sunset. Defendant, travelling at 3 mph above the 50-mph posted speed, was not operating the vehicle recklessly, and evidence presented did prove beyond a reasonable doubt that she diverted her attention from the road for a full 15 seconds. Reversed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: March 6, 2024, Case #: 09-22-00028-CR, Categories: Evidence, Manslaughter, Vehicle
J. Gladwin finds the trial court properly convicted defendant for murder, kidnapping and firearm possession. After defendant and an accomplice were released on bond pending trial for drug charges, defendant was caught on surveillance video trading firearms with another party. Witnesses testified that defendant was involved in a heated discussion with the accomplice about who possessed the drugs and what would be testified to at trial. Defendant assaulted the accomplice after another party exacerbated the situation by accusing the accomplice of rape. The accomplice was then forced to get into the trunk of defendant's car before being taken to a remote location. He was later discovered in the burned-out vehicle, having been shot 4 times with a weapon defendant was known to possess. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: March 6, 2024, Case #: CR-23-407, Categories: Firearms, Murder, Kidnapping
J. Wood finds the trial court properly denied defendant's motion to dismiss a charge for domestic battery of her 17-year-old son. Though defendant was originally charged and convicted for multiple acts, a jury deadlocked on the domestic battering charge, resulting in a mistrial. The state retried her on the battery charge, and though she had been found guilty on the other charges, double jeopardy does not bar a retrial of the domestic battering charge. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: March 6, 2024, Case #: CR-23-418, Categories: Double Jeopardy, Battery
J. Harrison finds the circuit court properly entered judgment in favor of the sellers of the country market. The sellers entered into an agreement to sell the market to the daughter of the original owners. The agreement included that the daughter would assume all debts upon purchase. The daughter closed the store after purchasing it and refused to pay the debts, leaving vendors to seek payment from the sellers. Though the daughter argued the jury’s damages award was based on a list of unpaid debts, requiring the jury to speculate, the amounts were certain and not based on speculation. The jury is allowed to assess witness credibility and substantial evidence supports the award of damages. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: March 6, 2024, Case #: CV-23-248, Categories: Debt Collection, Property, Contract
J. Abramson finds the trial court properly convicted defendant for cocaine trafficking and paraphernalia possession. After defendant was arrested following a traffic stop and search yielding the drugs, she made certain statements recorded by the police cruiser's cameras prior to Miranda warning. The statements were properly admitted, being the officer did not question defendant, but merely responded to her questions regarding narcotics found in the vehicle. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: March 6, 2024, Case #: CR-23-452, Categories: Drug Offender, Evidence, Miranda
J. Watson denies the high school basketball coach's motion for summary judgment, ruling the parents' complaints about their daughter's playing time constituted protected speech. They criticized a public official, while the student's college basketball scholarship offer is sufficient to create an issue of fact regarding causation and at least cast doubt on the coach's claim she would have been cut regardless of the parents' complaints.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 6, 2024, Case #: 2:21cv985, NOS: Other Civil Rights - Civil Rights, Categories: Education, First Amendment
J. Watson grants the sheriff's department's motion for summary judgment, ruling that while the term "ho juice" - used by the male officer when talking about the female dispatcher's perfume - may be considered sexist in isolation, it was made to both male and female coworkers and does not prove a discriminatory intent or support the dispatcher's hostile work environment claim. Additionally, there is no indication the male officer struck the dispatcher on the shoulder because she was pregnant or female, and so that incident also cannot be used to support the hostile work environment claim.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 6, 2024, Case #: 2:21cv203, NOS: Employment - Civil Rights, Categories: Employment, Emotional Distress
J. Gibbons finds the lower court erroneously granted the fracking company employees' motion for judgment on liability for Fair Labor Standards Act claims because there are issues of fact regarding whether the employees' irregular schedules are necessitated by the industry or are caused solely by the fracking company's predetermined work schedule. Although many of the weeks during which employees worked fewer than 40 hours stemmed from scheduled time off, a large portion also came from weeks with full work schedules, which lends support to the company's theory irregularities in scheduling are a result of fluctuating demand for services; therefore, the case must be remanded for further analysis. Reversed.
Court: 6th Circuit, Judge: Gibbons, Filed On: March 6, 2024, Case #: 23-3247, Categories: Employment, Evidence, Labor
J. Morgan grants a discovery request by suburban New Orleans area residents suing landfill operators for foul odors emitted from 2017 to 2019. The landfill owners are ordered to turn over documents they had declared protected from disclosure by the attorney work product doctrine. Following a private review of the requested records, 22 withheld invoices and certain documents contain no “mental impressions, conclusions, opinions or legal theories of an attorney.”
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: March 6, 2024, Case #: 2:18cv7889, NOS: Torts to Land - Real Property, Categories: Civil Procedure, Environment, Discovery
J. DeGravelles orders the state of Louisiana to pay intervenors in a black voting rights suit, including several voters and a candidate for a state Supreme Court seat, the amount of $36,000 in reasonable attorney fees. The intervenors prevailed in their request to lift a stay of all Louisiana Supreme Court elections, pending reapportionment. The black plaintiffs were not "the driving force" behind the opposition to lifting the stay; state officials were, notably the state Attorney General who has since been elected Governor of Louisiana, along with its Secretary of State, who did not seek reelection. Both officials were heavily involved in the litigation surrounding whether the stay order would be lifted, and thus should have
known the intervenors would request attorney fees.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: March 6, 2024, Case #: 3:19cv479, NOS: Voting - Civil Rights, Categories: Civil Rights, Government, Attorney Fees