276 results for 'filedAt:"2024-03-27"'.
J. Pickett finds that the trial court properly granted sole custody of the child to the biological mother, who was in a custody dispute with her former partner from a same-sex relationship. The biological mother showed there was a material change in circumstances, and the evidence shows it is in the child's best interest for the biological mother to have sole custody. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: March 27, 2024, Case #: CA-23-548, Categories: Evidence, Family Law
J. Kyzar finds that the trial court improperly granted partial summary judgment and dismissed the family members' wrongful death claims over the death of their father from a heart attack following a rear-end auto accident with a truck. There are issues of material fact as to whether the father's heart attack "was caused by or at least precipitated by the accident and injuries he suffered therefrom." Reversed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: March 27, 2024, Case #: CW-23-750, Categories: Tort, Wrongful Death
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J. Rios reverses, in part, the trial court's grant of partial summary judgment to a worker on his claim the company that provides employer services to the cafeteria where he works is his employer for purposes of his discrimination action. It is unclear whether the worker has shown the existence of an employment relationship that would make the company liable for the actions of covered employees. Reversed in part.
Court: Texas Courts of Appeals, Judge: Rios, Filed On: March 27, 2024, Case #: 04-22-00280-CV , Categories: Employment, Employment Discrimination
J. Aenlle-Rocha finds in favor of Home Depot against the customer's complaint that it sold him Graco Magnum X5 paint sprayer that “sparked” and caught on fire, causing serious burns to the customer's right hand, wrist and forearm. The customer does not provide any admissible evidence of a manufacturing defect about the sprayer. His only expect does not affirmatively state that the sprayer had a manufacturing defect, only that it possibly had one.
Court: USDC Central District of California, Judge: Aenlle-Rocha, Filed On: March 27, 2024, Case #: 8:20cv2127, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, Product Liability, Experts
J. Bernal finds in favor of the animal control officers against the animal rescue leader's claim that they issued a search warrant against her and the home owner, falsely accusing the latter two of stealing about 63 German shepherd dogs from an uninhabitable property. The fact that one of the animal control officers omitted how the animal rescue leader communicated with a San Bernardino County Sheriff’s Department officer about receiving the 63 dogs does not impact that the animal control officers had probable cause to search the home owner's phone records or that the animal control officers authored a reasonable search warrant.
Court: USDC Central District of California, Judge: Bernal, Filed On: March 27, 2024, Case #: 5:22cv1600, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. DeGravelles grants a request by foreign and domestic insurers, ordering a stay of a nonprofit condominium owners’ suit for recovery of repairs for wind and hailstorm damage, pending arbitration of claims. The condo owners fail to support their argument the arbitration provision is unenforceable.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: March 27, 2024, Case #: 3:23cv279, NOS: Insurance - Contract, Categories: Arbitration, Damages, Contract
J. Greer finds that defendant was improperly sentenced for OWI because the district court relied on unproven information, namely that defendant operated a vehicle with alcohol and cocaine in his system.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: March 27, 2024, Case #: 23-1099, Categories: Sentencing, Dui
J. Mendez grants $8,600 in attorney fees and costs to an event distributor following its successful case against a sports bar. The requested $12,000 in fees is reduced based, in part, on a reduction in hourly rates and the elimination of administrative assistant's fees.
Court: USDC Eastern District of California, Judge: Mendez, Filed On: March 27, 2024, Case #: 2:22cv1059, NOS: Cable/Sat TV - Other Suits, Categories: Communications, Attorney Fees
[Modified.] J. Streeter makes two minor wording changes with no change in judgment. One of nine claims defendant made in his kidnapping, robbery and murder case, which led to a death sentence, is entitled to a certificate of appealability. Reasonable jurists could find that the trial court improperly excused a juror who said she was "neutral" on the death penalty and said she did not want to make a life-or-death decision, but did not say she could not impose the death penalty. Also, the statutory 10-day deadline for granting or denying requests for certificates of appealability is directory, not mandatory. A substantial claim to relief is strong enough for a certificate to issue if jurists could debate whether the trial court erred. And a request must come with a record that is adequate for appellate review.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: March 27, 2024, Case #: A169146, Categories: Death Penalty, Habeas, Murder
Per curiam, the Northern District of Florida grants judgment to the Secretary of State in a suit alleging that congressional districting maps in North Florida intentionally dilute the votes of voters of color. At a bench trial, the voting-rights groups failed to prove that the Legislature ratified racial animus, whether it existed or not in the map's creation by the Governor, by failing to preserve a majority-Black district in North Florida.
Court: USDC Northern District of Florida, Judge: Per curiam, Filed On: March 27, 2024, Case #: 4:22cv109, NOS: State Reapportionment - Other Suits, Categories: Civil Rights, Constitution, Elections
J. Bower finds that the parties' parental rights were properly terminated since they failed to respond to treatment for methamphetamine use and had a history of domestic violence. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: March 27, 2024, Case #: 24-0089, Categories: Family Law
J. Buller finds that a father's parental rights were properly terminated since he used methamphetamine while caring for his daughter, who was afraid of him, and became aggressive and violent toward staff while his daughter was removed from him. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 27, 2024, Case #: 24-0093, Categories: Family Law
J. Tabor finds that a minimum mandatory sentence of life in prison with the possibility of parole in 50 years was properly imposed after defendant pleaded guilty to first-degree murder, which he committed at age 17, as the lower court performed a thorough analysis before handing down sentence. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: March 27, 2024, Case #: 22-2079, Categories: Juvenile Law, Murder, Sentencing
J. Bower finds that a child's guardians were improperly denied termination of the mother's parental rights because the mother had little contact with her child and suffered ongoing substance abuse issues, and she caused the child distress upon spending time with her. Reversed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: March 27, 2024, Case #: 23-0579, Categories: Family Law
J. Lewis grants the medical transport service's request for default judgment, awarding it $469,000 in damages and interest. The service subcontracted to provide transport for Veterans Affairs, the company under which it contracted later having a controlling interest obtained by the other party to this suit. This party failed to pay the service after it entered into a new contract with the service. The service has established the new contractor failed to perform under the contract.
Court: USDC South Carolina Aiken, Judge: Lewis , Filed On: March 27, 2024, Case #: 3:21cv2801, NOS: Other Contract - Contract, Categories: Government, Damages, Contract
J. Abramson finds the county court improperly denied the home builder's motion to dismiss. The home purchaser filed suit, claiming the builder defaulted on the parties' contract to purchase land and build a home. The court failed to make a finding as to whether a valid arbitration agreement existed. Reversed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: March 27, 2024, Case #: CV-23-230, Categories: Arbitration, Construction, Contract
J. Wood finds the county court improperly found for a healthcare company on a doctor's contract claims. The emergency room physician was terminated from the independent contractor agreement after complaints led to findings of his use of nonstandard diagnostics, a lack of candor and having unprofessional interpersonal skills. The court improperly included hearsay statements made by another doctor regarding the physician's not being placed on the work schedule. There is no other admissible evidence in the record that a particular hospital would not allow the physician to work at its locations. Reversed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: March 27, 2024, Case #: CV-22-745, Categories: Health Care, Medical Malpractice, Contract
J. Murphy finds the county court improperly declined the mother's request to modify custody. Since the entry of the order, the father was arrested for domestic battery, was under investigation for child abuse and had slapped the child in the face when he would have been six years old or younger. The court improperly found no material change had occurred warranting modification. Reversed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: March 27, 2024, Case #: CV-23-259, Categories: Evidence, Family Law, Guardianship
J. Carreno-Coll grants American Airline's motion to dismiss. The Puerto Rican citizens purchased tickets to fly from Puerto Rico to Rome, Italy via a connection in Philadelphia, but were prevented from boarding the next flight for various reasons, including not having return tickets. The Montreal Convention preempts the federal and state law claims, and the Air Carriers Access Act does not provide for a private cause of action.
Court: USDC Puerto Rico, Judge: Carreno-Coll, Filed On: March 27, 2024, Case #: 3:23cv1306, NOS: Other Personal Injury - Torts - Personal Injury, Categories: International Law, Transportation, Contract