151 results for 'filedAt:"2024-04-04"'.
J. Lipinsky finds the jury improperly acquitted defendant of attempted murder and assault, and found him guilty of attempted reckless manslaughter. Defendant argues the trial court erred by restricting his counsel from cross-examining the victim about his own pending criminal charges as being a biased violation of the confrontation clause. If the victim could have been cross-examined on bias or motive, it may have left a different impression on the jury. This case is remanded for a new trial. Reversed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: April 4, 2024, Case #: 2024COA33, Categories: Jury, Manslaughter, Witnesses
J. Schmehl denies in part a foam insulation company’s motion to dismiss a pipe company’s intellectual property complaint arising from a botched product development agreement and potential acquisition between parties whose relationship eventually soured. The pipe company’s expert report contains potentially problematic accounting practices at the insulation company that create genuine disputes of material fact for trial.
Court: USDC Eastern District of Pennsylvania, Judge: Schmehl, Filed On: April 4, 2024, Case #: 5:21cv5077, NOS: Other Contract - Contract, Categories: Evidence, Property, Contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Dever partially denies the North Carolina Department of Corrections’ motion to dismiss ADA violation allegations brought by a former employee. The employee previously sued the state’s department of public safety, her technical employer and also party to this suit, after it allegedly wrongfully terminated her. Three years later, a judge ruled the department must reinstate the employee, provide her with reasonable accommodation and back pay or benefits. The department rehired her but did not provide anything else, then fired her again two months later. The employee has provided sufficient evidence of ADA discrimination to proceed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 4, 2024, Case #: 5:23cv673, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
J. Graves finds the district court properly granted summary judgment in favor of Michaels. The customer brought this negligence suit after slipping and falling inside the store on a rainy day. The customer's declaration, photos, testimony, as well as a security video not showing the area where the customer slipped, did not create a genuine dispute of material fact as to notice. A statement recounted by the customer from an unidentified staff member regarding how the staff had been mopping up water all day is hearsay. Affirmed.
Court: 5th Circuit, Judge: Graves , Filed On: April 4, 2024, Case #: 23-30393, Categories: Evidence, Negligence, Premises Liability
J. Lynch finds that the lower court properly convicted defendant of assault and weapon possession after he shot his cousin in a case of mistaken identity. Under a theory of accomplice liability, defendant could be found guilty of acting in concert with codefendant even if he did not possess or shoot the weapon based on witness statements that the two were mad and "wanted to find people" following a fracas at a music venue. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: April 4, 2024, Case #: 112910, Categories: Assault, Witnesses, Accomplice Liability
J. Egan finds that defendant was improperly convicted of kidnapping, rape, criminal sexual act, strangulation, and assault as a sexually motivated felony in claims contending he lured a woman from out-of-state and held her against her will. An anonymous jury was improperly impaneled to shield jurors from investigators and queries from the media, and a new trial must be held since a "factual predicate" of need for anonymity had not been made. Reversed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: April 4, 2024, Case #: 113198, Categories: Jury, Sex Offender
J. Pritzker finds that the lower court properly convicted defendant of weapon possession after a gun was fired during a fight outside a restaurant because evidence supported the verdict, including testimony from a restaurant employee who restrained defendant until police arrived after seeing him on the ground with a gun in his waistband, and eyewitness accounts contending that someone snatched the gun and fired it before walking away. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: April 4, 2024, Case #: 113391, Categories: Evidence, Weapons, Witnesses
J. Lake finds the use of the name of a defunct musical group by two former members of the group in a new iteration of the band, featuring a new third member, was not an unauthorized use. However, their request for attorney fees is denied because the plaintiff, the band’s former third member, did not conduct their infringement case against the new group in an unreasonable manner.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 4, 2024, Case #: 4:21cv3942, NOS: Trademark - Property Rights, Categories: Trademark, Attorney Fees
J. Bledsoe denies Florida State University's motion to dismiss breach of contract claims related to media rights agreements with the Atlantic Coast Conference because the conference sufficiently pleaded it had authority to negotiate contracts on behalf of the university.
Court: North Carolina Business Court, Judge: Bledsoe, Filed On: April 4, 2024, Case #: 2024 NCBC 21, Categories: Contract
J. Tapp grants the U.S. dismissal of this post-award bid protest for a contract to provide information technology services because evidence indicates the proposals underwent reasonable review.
Court: Court of Federal Claims, Judge: Tapp, Filed On: April 4, 2024, Case #: 23-1756, Categories: Contract
J. Seitz finds that the court of chancery should have held IAC/InterActiveCorp's reverse spinoff of Match Group Inc. subject to review under the entire fairness standard because the separation committee formed to review the transaction included a conflicted member, which failed to satisfy the "MFW" framework. Dismissal of Chairperson Barry Diller must now be remanded.
Court: Delaware Supreme Court, Judge: Seitz, Filed On: April 4, 2024, Case #: 368, 2022, Categories: Civil Procedure, Fiduciary Duty
[Consolidated.] J. Vinci finds that the trial court improperly convicted two defendants of driving while intoxicated and other driving offenses because the court did not conduct hearings on the two cases and wrongfully held that counsel was required to request argument. Reversed.
Court: New Jersey Appellate Division, Judge: Vinci, Filed On: April 4, 2024, Case #: A-2054-22, Categories: Criminal Procedure, Dui
J. Golemon finds the trial court improperly found for a compan that says it holds a final money judgment and a writ of execution on certain property sold at auction, though the purchaser says he was entitled to the $35,000 in auction proceeds as a bona fide purchaser for value with no notice of the judgment. The purchaser has established he is a bona fide purchaser as a matter of law and entitled to the proceeds deposited in the court's registry. Reversed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: April 4, 2024, Case #: 09-22-00099-CV, Categories: Property, Due Process
J. Hudson finds the trial court properly struck the complaint, finding the attorney is a necessary witness. The department of finance and administration declined a trade-in tax credit on vehicles transferred to the company after they were purchased by individuals with company funds. The attorney representing the vehicle purchasers was in involved in the original scheme, and the trial court properly applied all tests in determining he is disqualified. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: April 4, 2024, Case #: CV-23-59, Categories: Fraud, Tax, Attorney Discipline
J. Webb finds the trial court properly found for the state on a concealed carry license holder's claim he is entitled to carry a firearm into the university's on-campus arena. Though the licensee correctly notes state law provides that prohibition of concealed carry on a premises covered by an alcohol permit “does not apply if the place is [a] public university," the code is limited to the location and readability of the notice of prohibition. The arena is covered by an alcohol permit and has provided the requisite, readable notice. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: April 4, 2024, Case #: CV-23-518, Categories: Administrative Law, Education, Firearms
J. Lee finds the district court properly denied the defaulting property purchasers' motion for a preliminary injunction in an action to quiet title. The purchasers seek to prevent the bank's scheduled foreclosure sale. Nevada law says that recording a notice of default to institute foreclosure does not trigger the 10-year timeframe. Being there was no recorded extension of the due date, the terms of the deed of trust dictate when the debt becomes wholly due. The deed of trust does not mention judicial foreclosure actions or state that such action makes the loan "wholly due." The court properly determined the purchasers' quiet title claim had no likelihood of success on the merits. Affirmed.
Court: Nevada Supreme Court, Judge: Lee , Filed On: April 4, 2024, Case #: 85860, Categories: Debt Collection, Property, Banking / Lending
J. Douglas denies the environmental advocacy group's petition for review of the Maritime Administration Agency's approval of the construction of a deepwater oil port. The agency adequately considered extensive reports, studies and public commentary involving the environmental consequences of the facility before approving port.
Court: 5th Circuit, Judge: Douglas , Filed On: April 4, 2024, Case #: 23-60027, Categories: Energy, Environment, Maritime
J. Fallon denies summary judgment to an oilfield service cleaning business on its failed argument that Louisiana law, not general maritime law, applies to its contractual dispute with an oil and gas exploration company. Maritime law applies to contractual indemnity provisions when the contract is a maritime contract. Therefore, under its master services agreement, the cleaning business must indemnify both an oil and gas exploration company and the owner of a movable jack-up rig in an injury action against the cleaning company's worker arising from a crane-related accident aboard the rig on the Outer Continental Shelf of the Gulf of Mexico.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: April 4, 2024, Case #: 2:23cv78, NOS: Marine - Contract, Categories: Energy, Choice Of Law, Contract
[Consolidated.] J. Greaves finds for the commissioner of internal revenue in this tax liability dispute since the IRS complied with all requirements in assessing penalties and fees in the notice of deficiency.
Court: U.S. Tax Court, Judge: Greaves, Filed On: April 4, 2024, Case #: 2024-38, Categories: Civil Procedure, Tax
J. Theofanis finds that the trial court properly ruled in favor of a real estate investment firm in a contract case it filed against a trust and its members over the sale of an apartment complex. The members of the trust argue that the contract signed by the parties at the start of the sales process was unenforceable after the firm sent an email seeking to amend the terms of the contract. Reviewing the email, nothing in the message could be construed to imply that the firm was backing out of the sale, thus making the contract active at the time of closure. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: April 4, 2024, Case #: 03-23-00218-CV, Categories: Real Estate, Contract
J. Stagel improperly granted a patron final judgment in this negligent security arising from a shooting at a strip club. The property owner and his corporate entity argues they lacked control over the premises since it is leased to another business to establish duty of care. Based on evidence the owner and his entity did not maintain control over the premises and should have had entry of direct verdict. Reversed.
Court: Florida Courts Of Appeal, Judge: Stagel, Filed On: April 4, 2024, Case #: 6D23-1205, Categories: Negligence, Premises Liability
J. Tenney finds that counsel was not ineffective for deciding not to object to prior acts evidence in defendant's aggravated assault trial. The state made narrow use of probative evidence about similar instances where defendant was aggressive when he suspected his wife was unfaithful. And he failed to show he was prejudiced by counsel's decision not to object to other evidence. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: April 4, 2024, Case #: 20210774-CA, Categories: Ineffective Assistance, Assault
[Consolidated.] J. Harris holds that the juvenile court properly ordered children removed from their parents based on finding that they were neglected, and their counsel was not ineffective during proceedings. However, the juvenile court must revisit its shelter hearing analysis to determine whether services are currently available to end removal.
Court: Utah Court Of Appeals, Judge: Harris, Filed On: April 4, 2024, Case #: 20230102-CA, Categories: Family Law