174 results for 'filedAt:"2024-03-07"'.
J. Clement finds the district court properly approved a receiver’s proposed plan of distribution of assets from a scheme to defraud seniors by selling them precious metals at inflated prices. Though the nonparty attorney argues the receiver's valuation methodology fails to consider whether individual investors received compensation, the court still has significant discretion in determining how to distribute funds of equitable receiverships. The court, in such instances, is not required to follow a particular plan in ethically distributing the assets. Affirmed.
Court: 5th Circuit, Judge: Clement , Filed On: March 7, 2024, Case #: 23-10420, Categories: Fraud, Securities
J. Rowland finds the trial court properly dismissed the DUI under suspended license case. The court lacks jurisdiction, as the offense occurred in Indian territory by the Indian defendant. Though it is true that a case cited by the state offers no guidance as to how the balancing test should be applied to Indian defendants, the General Crimes Act is logically read to preempt state jurisdiction over Indians, while not preempting another class, without mentioning either class. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Rowland , Filed On: March 7, 2024, Case #: S-2023-409, Categories: Dui, Jurisdiction
J. Watson grants, in part, the seller's motion to dismiss, ruling the contract claim related to the return of the buyer's earnest money must be dismissed because the escrow agent is the party responsible for the return of the down payment, not the seller.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 7, 2024, Case #: 2:23cv3083, NOS: Other Statutory Actions - Other Suits, Categories: Real Estate, Contract
Per curiam, the appellate division finds that the lower court properly denied the plaintiff child early development business's motion for partial summary judgment on its breach of fiduciary duty and breach of good faith claims against former employees who started a rival business. It is not against the law to secretly incorporate a competitive business prior to leaving an employer, but issues of material fact remain as to whether the employees used the employer's time, facilities or proprietary secrets to do so. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 7, 2024, Case #: 01251, Categories: Employment, Trade Secrets, Business Practices
J. Suddaby preserves two claims for retaliation and sexual harassment against New York State’s Unified Court System that alleges a family court judge for Broome County sexually harassed two of his personal aides, but limits the claims to misconduct that occurred after the aides’ became official employees of the department following the judge’s reassignment. The court further preserves a single claim for equal protection against the family court judge, finding he is not entitled to qualified immunity in his individual capacity and his behavior could be viewed by a jury as creating a hostile work environment.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: March 7, 2024, Case #: 3:18cv1476, NOS: Employment - Civil Rights, Categories: Immunity, Equal Protection, Employment Discrimination
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J. Muniz finds that the district court properly ruled in this negligence dispute because claims brought against an establishment that served alcohol to an underage drinker, resulting in injury, constitute a "negligence action for purposes of the comparative fault statute." Affirmed.
Court: Florida Supreme Court, Judge: Muniz, Filed On: March 7, 2024, Case #: SC2022-0910, Categories: Negligence
J. Schutz finds the Colorado Noise Abatement Act does not preempt local governments from issuing amplified noise permits and so the lower court properly granted the motion for summary judgment filed by the city and bar. The Act does not limit the issue of such permits to events hosted by municipalities or nonprofit entities and, therefore, allows private businesses to obtain exemptions from noise pollution standards. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: March 7, 2024, Case #: 2024COA25, Categories: Government, Preemption, Zoning
J. Bahr finds that the district court properly entered two criminal judgments following a jury verdict finding defendant guilty of one count of promoting a sexual performance by a minor, one count of patronizing a minor for commercial sexual activity and twelve counts of possession of certain materials prohibited. Sufficient evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr , Filed On: March 7, 2024, Case #: 2024ND39, Categories: Evidence, Sex Offender
J. Tufte answers certified questions from the United States District Court for the District of North Dakota pertaining to North Dakota’s natural
accumulation rule, which precludes liability for injuries caused by natural accumulations of snow and ice. The questions ask "whether the accumulation rule extends to an oil well site in a rural area, and, if so, does it still apply if it conceals a condition substantially more dangerous than one normally associated with ice and snow." The court answers yes to the first question, but no to the second. The concealment aspect of snow
and ice is outside the scope of the natural accumulation rule.
Court: North Dakota Supreme Court, Judge: Tufte , Filed On: March 7, 2024, Case #: 2024ND40, Categories: Administrative Law
J. James finds the Appeals Court erred in affirming a trial court ruling for one provision of a contract as it relates to liability. “To waive tort liability, contract language must be clear and explicit; waiver will not simply be deduced from inference or implication.” Reversed.
Court: Oregon Supreme Court, Judge: James, Filed On: March 7, 2024, Case #: S070083, Categories: Product Liability, Contract
J. Foote, ruling on remand, denies summary judgment to Shreveport police officers on their argument a favorable Fifth Circuit opinion on alleged constitutional violations should foreclose state law claims by an elderly man who was allegedly bitten by a police dog during their search for a murder suspect. Although the Fifth Circuit's opinion forecloses the senior citizen’s pursuit of a state law excessive force claim, if “the arrest is unlawful then all force used to effectuate the arrest is excessive and constitutes a battery." It is undisputed the elderly litigant was an “innocent bystander who happened to be in the wrong place at the wrong time.”
Court: USDC Western District of Louisiana , Judge: Foote, Filed On: March 7, 2024, Case #: 5:19cv1261, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Evidence, Police Misconduct
J. Frank grants the city and police officers' motion for summary judgment in the mother's wrongful death suit stemming from the locally high-profile police killing of her autistic son, Kobe Dimock-Heisler. The police officers are entitled to qualified immunity, since they had probable cause to believe that the son, carrying a knife, posed an immediate threat of death or serious bodily injury to others when they shot him.
Court: USDC Minnesota, Judge: Frank, Filed On: March 7, 2024, Case #: 0:22cv2124, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Police Misconduct
Per curiam, the appellate division finds that attorney Rosemarie Andrea Anderson may be reinstated in New York after being suspended for one year corresponding to disbarment in her home state of New Jersey for misappropriating client money because Anderson complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 7, 2024, Case #: PM-34-24, Categories: Attorney Discipline
J. McShan finds that defendant was properly convicted of criminal sexual act and course of sexual conduct against a child for allegedly performing oral sex on five boys each under the age of 13 over a protracted period because the weight of the evidence supported the verdict, including testimony from the boys and defendant's own confessions. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: March 7, 2024, Case #: 110875, Categories: Evidence, Sex Offender, Child Victims
J. Madsen finds that the lower court properly found that a school district violated a student's rights when it suspended him without following the suspension procedures. The district suspended the student and denied him his right to return when it was time, and by doing so, the district ignored the steps that must be taken under the law and violated the student's due process rights. The lower court also correctly found that providing the student with a compensatory education could be a proper remedy for the violation, and the matter is remanded to further determine what else that remedy may be. Affirmed.
Court: Washington Supreme Court, Judge: Madsen, Filed On: March 7, 2024, Case #: 101799-5, Categories: Education, Due Process
J. Stephens finds that the lower court improperly determined the tax assessments against telecommunications carriers. The lower court determined that funds coming from the federal Lifeline program are subject to Washington's retail sales tax, finding that because the tax burden on the federal government was indirect, the assessments were legal. But this ignores that fact that the nonprofit appointed to administer the funds acts as an "instrumentality of the federal government." As a result, the assessments violate the intergovernmental tax immunity doctrine. Affirmed.
Court: Washington Supreme Court, Judge: Stephens, Filed On: March 7, 2024, Case #: 101873-8, Categories: Government, Tax
J. Green finds a lower court properly dismissed Visa and Mastercard's motion to appeal a ruling in favor of the Commercial and Interregional Card Claims in a class action. Visa and Mastercard argued that the class of consumers were obligated to pay multilateral interchange fees when using credit cards to make purchases. However, the class of consumers sufficiently showed in court that the credit card companies' fees deprived merchants financial gains. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Green , Filed On: March 7, 2024, Case #: CA-2023-1991, Categories: Consumer Law, Class Action
J. Kunselman finds that the lower court improperly denied a pair of foster parents’ petitions to adopt a seven-year-old and a five-year-old due to the lack of a post-adoption contact agreement with the children’s maternal aunt. The decision was unreasonable as it resulted in the children being left without permanency and at risk of being separated from their foster parents, after establishing a bond with them. Reversed.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: March 7, 2024, Case #: J-A25028-23, Categories: Civil Procedure, Evidence, Guardianship
J. Day allows county residents to intervene in claims stemming from the denial of a cable company's application to install wireless facilities because the residents' interest in this complaint is different from the county's interest since they are concerned about environmental issues.
Court: USDC New Jersey, Judge: Day, Filed On: March 7, 2024, Case #: 3:23cv18091, NOS: Other Statutory Actions - Other Suits, Categories: Zoning
J. Smith finds that the lower court improperly confirmed an arbitration award in this dispute between the appellant and his former employer. The arbitrator ordered the appellant's deposition to occur after a certain date "in direct contravention of the parties' agreement." Accordingly, the award "exceeded the arbitrator's authority." Reversed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: March 7, 2024, Case #: 05-22-01190-CV, Categories: Arbitration, Civil Procedure, Employment