148 results for 'filedAt:"2024-04-19"'.
J. Engelmayer denies the Danish shipping company's motion to dismiss an American shipping company's conversion claim it wrongfully took delivery of five of its shipping containers and refused to return them. The Danish shipper cannot avoid liability because it belatedly returned four of the containers, as its rival may be able to show losses from the taking. Further, the court will not strike the American shipper's request for punitive damages at this stage in litigation.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: April 19, 2024, Case #: 1:23cv10283, NOS: Other Fraud - Torts - Personal Property, Categories: Damages, Conversion
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J. Land finds that the trial court properly convicted defendant of rape and giving false information to a law enforcement officer. Sufficient evidence was presented to support defendant's rape conviction and to allow the jury to infer that defendant was not justified in raping the victim because he felt threatened by an accomplice. The trial court did not commit any error in refusing to grant a mistrial after an investigator gave testimony referring to defendant's unrelated criminal proceeding. A curative instruction was immediately given to the jury and the statement was struck from the record. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: April 19, 2024, Case #: A24A0375, Categories: Sex Offender
J. Hanson finds that the lower court improperly determined the mother's child-support obligation. The record does not establish how the lower court determined the mother's gross monthly income "for the purposes of calculating her child-support obligation." The parts of the judgment regarding child custody and visitation are affirmed, however. Reversed in part.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: April 19, 2024, Case #: CL-2023-0338, Categories: Evidence, Family Law
J. Huffaker grants summary judgement in favor of an Auburn University associate dean for academic affairs in this employment dispute brought by a former coordinator of student services after watching a sensitive video on a colleague’s computer. The coordinator was put on paid administrative leave and later terminated without a pre-termination hearing, but her termination was upheld when she challenged it through the university’s grievance process. She argues her procedural due process rights were violated because she did not have an adequate pre-termination hearing. The court concluded the evidence shows that she received sufficient notice and had an opportunity to respond, and that her post-termination process was procedurally adequate.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: April 19, 2024, Case #: 3:22cv176, NOS: Employment - Civil Rights, Categories: Employment, Due Process
J. Jensen dismisses an appeal from a district court order and judgment in favor of a company concerning the calculation of nonparticipating royalty interest. A final judgment resolving all of the underlying claims has not been entered in the district court and the matter is therefore dismissed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: April 19, 2024, Case #: 2024ND68, Categories: Energy, Contract
Per curiam, the court of civil appeals finds that the lower court properly upheld a decision of the Alabama Medical Cannabis Commission to rescind an integrated-facility license. The judgment, which concluded that the commission "had acted within its authority" in rescinding the award, is due to be affirmed, as the the appellant company fails to challenge "the third basis for the judgment in its principal brief." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: April 19, 2024, Case #: CL-2023-0831, Categories: Administrative Law, Civil Procedure
J. Wiley finds that the trial court properly denied special anti-SLAPP motions on most of a condo resident's defamation claims against his neighbors. The neighbors' emails furthered a personal dispute and did not contribute to a discussion of public issues. They were not sent to the general public, but were confrontational attempts at shaming the condo resident. And homeowners' association debates usually involve private issues, and are not per se connected to public issues. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: April 19, 2024, Case #: B317061, Categories: Anti-slapp, Defamation
J. Novak denies the department's motion to dismiss sex-based employment discrimination claims. The X-ray machines used on correctional officers can not differentiate between contraband and a menstruation product like tampons, pads, or IUDs. Every time the machine finds a foreign object, even if it is purely for menstruation, the correctional officers are subject to severely invasive strip searches. The department has failed to establish a policy that considers that its female employees will be subject to strip searches far more frequently than males purely due to sex-based characteristics.
Court: USDC Eastern District of Virginia, Judge: Novak , Filed On: April 19, 2024, Case #: 3:23cv757, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Employment Discrimination
J. Taylor grants an insurer summary judgment in a Lyft driver's claims seeking uninsured motorist benefits following an accident because the policy specifically excludes UIM coverage when the car is available for hire, and the driver had been logged into Lyft's mobile application at the time of the accident. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Taylor, Filed On: April 19, 2024, Case #: 2023-CA-0447-MR, Categories: Insurance
J. McNeill finds that the lower court properly held that a gas company had the right to condemn plaintiff's property to construct a natural gas pipeline because the conservation easement did not protect the land from eminent domain since the action concerned public use and plaintiff received proper compensation.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: April 19, 2024, Case #: 2023-CA-0458-MR, Categories: Energy, Property
J. Corley dismisses employment discrimination claims from a former employee of UPS who says she was repeatedly mocked for her age and weight while on duty. One co-worker allegedly taunted her by asking, "Mirror mirror on the wall, whos’ the fattest of them all?” during work. Several procedural problems plague her claims. She did not file her first suit within the limitations period, she did not give UPS proper notice of the suit, and she did not exhaust all of her options outlined in her collective bargaining agreement.
Court: USDC Northern District of California, Judge: Corley, Filed On: April 19, 2024, Case #: 3:23cv5785, NOS: Other Labor Litigation - Labor, Categories: Employment Discrimination
J. Welch finds that the trial court improperly granted the estate executor's motion for involuntary dismissal of the decedent's son's opposition to probate a 2020 notarial testament. It was legal error for the trial court to put the initial burden of proof on the decedent's son instead of the executor, so the case is remanded for a new hearing. Vacated.
Court: Louisiana Court Of Appeal, Judge: Welch, Filed On: April 19, 2024, Case #: 2023CA0861, Categories: Fraud, Wills / Probate
J. Kennelly partially grants a former Chicago public school student’s motion for class certification, for all students who “participated in the Quiet Time program in Chicago Public Schools during Chicago Public School’s academic calendar” between 2015 and 2019, and turned 18 on Jan. 13, 2021, or later. The court finds the student has sufficiently alleged the public school system’s “Quiet Time” program had “hidden” Hindu religious elements, such as chanting Sanskrit mantras that honored Hindu deities.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 19, 2024, Case #: 123cv218, NOS: Other Civil Rights - Civil Rights, Categories: Education, Class Action, First Amendment
J. Stacy finds the county court properly entered the order finding the stroke patient incapacitated, appointing a permanent guardian. Found by protective services to be vulnerable to financial exploitation, self-neglect and undue influence, the patient's caseworker sought to establish a guardianship. It was proper for the court to admit a neuropsychological report into evidence. Including this report, ample evidence supports the finding as to the patient's capacity and that a full guardianship is the least restrictive alternative to provide care. Affirmed.
Court: Nebraska Supreme Court, Judge: Stacy , Filed On: April 19, 2024, Case #: S-23-209, Categories: Evidence, Health Care, Guardianship
J. Griffith finds that a law firm may have breached the standard of care owed by Delaware attorneys in representing an insurance company in claims contending a new employee breached the non-compete agreement with his prior employer, a competing insurer. The trial court failed to acknowledge the negative effects of the law firm's discovery deficiencies on the summary judgment proceedings in chancery court, which cost the insurer significant damages in fees and costs and a $1.2 million settlement.
Court: Delaware Supreme Court, Judge: Griffiths, Filed On: April 19, 2024, Case #: 213, 2023, Categories: Insurance, Settlements, Legal Malpractice