149 results for 'filedAt:"2023-10-12"'.
J. Hollander grants in part a county school board’s motion to dismiss a mother’s amended complaint on allegations of negligence following the acknowledgment that a six-year-old girl had been sexually abused by two classmates while at school on five separate occasions. The school superintendent and principal did not communicate with the parent until a victim advocate reported the abuse to her. There is “no basis in the law to support a substantive due process claim against Ms. Peake in her individual capacity for acts involving third parties for which she had no notice and was not personally involved.” The allegations against the superintendent based on supervisory liability are dismissed due to failure to state a claim.
Court: USDC Maryland, Judge: Hollander, Filed On: October 12, 2023, Case #: 1:22cv1102, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Education, Negligence, Assault
J. Byrne finds that the trial court properly ruled against the application of a will to establish a woman, who had a long-term live-in relationship with the decedent, as the decedent’s heir. The decedent's cousin objected to the handwritten will, and the trial court denied its application, finding it did not meet the state estates code requirements. The will lacks essential elements for it to be eligible as an enforceable document. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: October 12, 2023, Case #: 03-22-00718-CV, Categories: Wills / Probate
J. Russel finds that the lower court properly denied the prisoner's habeas petition. The prisoner, convicted of federal drug charges, argued that his earned sentence credits were undercalculated when accounting for a new provision passed by the state's legislator. The provision did not take affect until after the time in question. Affirmed.
Court: Virginia Supreme Court, Judge: Russel, Filed On: October 12, 2023, Case #: 230172, Categories: Drug Offender, Habeas, Sentencing
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J. Simms grants in part a community’s association motion to dismiss a homeowner's amended complaint for Fair Housing Act and Americans with Disabilities Act violation claiming that the association has failed to allow modifications and accommodations under the FHA and ADA. The items that were found not necessary for accommodation or modification claims to FHA are denied because there is no protection. The homeowner failed to allege any protected activity.
Court: USDC Maryland, Judge: Simms, Filed On: October 12, 2023, Case #: 8:22cv672, NOS: Housing/Accommodations - Civil Rights, Categories: Ada / Rehabilitation Act, Housing
J. Garaufis preserves a Brooklyn couple’s breach of covenant of good faith and fair dealing claim as well as their claims for consequential damages and attorney's fees against State Farm, its homeowners insurance provider, on allegations that the insurer acted in bad faith when negotiating their claim for losses after a plumbing failure caused extensive water damage to their home. The court finds their claim is sufficiently distinct from the breach of contract claim, and the losses they suffered, including the loss of the home’s value and the imposition of finding temporary housing, entitles them to damages.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: October 12, 2023, Case #: 1:23cv2725, NOS: Insurance - Contract, Categories: Insurance, Damages
J. Trauger grants the Dollar General defendants' motion to dismiss this stockholder derivative complaint asserting claims for breach of fiduciary duty and unjust enrichment against certain individual directors and executives, in connection with allegations of employee safety failures. The stockholder plaintiff should have given the board of directors an "opportunity to evaluate this proposed lawsuit" prior to bringing suit. Accordingly, he is not entitled to bring the derivative suit under Tennessee law.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: October 12, 2023, Case #: 3:23cv59, NOS: Stockholders’ Suits - Contract, Categories: Securities, Fiduciary Duty
J. Ceresia finds that defendant was improperly convicted of coercing his girlfriend's 13-year-old daughter into "flashing" her breasts to him because the indictment charged defendant with coercing the girl into sending him explicit photos, which was not an element of the alleged interaction. However, defendant was properly convicted of sexual abuse and endangering the welfare of a child. Revesrsed in part.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: October 12, 2023, Case #: 113217, Categories: Evidence, Sex Offender, Child Victims
J. Burns finds that the lower court properly signed a possession order in this guardianship proceeding. Contrary to the mother's argument on appeal, the possession order does not prevent her "from having any possession of the Ward," and it does not give a non-guardian superior rights to her. Affirmed.
Court: Texas Courts of Appeals, Judge: Burns, Filed On: October 12, 2023, Case #: 05-21-00921-CV, Categories: Civil Procedure, Guardianship
J. Miller finds that the trial court properly convicted defendant of burglary and correctly denied his motion for a new trial. Sufficient evidence was presented to support defendant's conviction. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: October 12, 2023, Case #: A23A1029, Categories: Burglary, Ineffective Assistance
J. Easterly vacates defendant's weapons-related convictions after finding the trial court improperly refused to strike the testimony of the only witness during defendant's suppression hearing. The government failed to produce the recording of the police officer who testified he relayed the tip regarding a man with a gun in his pants over the radio.
Court: DC Court of Appeals, Judge: Easterly, Filed On: October 12, 2023, Case #: 21-CO-0636 , Categories: Evidence, Search, Weapons
J. Wiener finds the district court properly dismissed this RICO suit brought by the female assistant athletic director against Louisiana State University’s board of supervisors and athletics department, as well as the school’s lawyers, alleging that they engaged in efforts to conceal an investigative report involving alleged sexual harassment committed by the head football coach. The athletic director had failed to meet her burden of establishing that her professional injuries were proximately caused by the alleged illegal conduct. The suit would more appropriately have been brought as a retaliation suit for reporting of sexual misconduct rather an act of racketeering or conspiracy. Affirmed.
Court: 5th Circuit, Judge: Wiener, Filed On: October 12, 2023, Case #: 22-30670, Categories: Education, Employment Retaliation, Racketeering
J. Poissant finds that the trial court properly entered a protective order in favor of the couple and against their family members who allegedly exhibited threatening behavior with their guns in a dispute over a dog. Contrary to the family members' arguments, their "actions in the defense of property do not preclude a finding of family violence as necessary for a protective order." Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: October 12, 2023, Case #: 14-22-00708-CV, Categories: Family Law, Restraining Order
J. Zimmerer finds that the juvenile court properly waived jurisdiction and transferred the juvenile to criminal court on his capital murder charge that stems from his role in the robbery and murder of a victim at an apartment complex. There was sufficient evidence to show probable cause that the juvenile committed the alleged offense and that he should be certified as an adult. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: October 12, 2023, Case #: 14-23-00346-CV, Categories: Family Law, Jurisdiction, Juvenile Law
J. Golemon finds the trial court improperly entered summary judgment in favor of the debtor in this suit brought by the factoring company that purchased the debt which was then paid directly to the company from which the debt was purchased. The debtor was not entitled to judgment as a matter of law on its claim that the factoring company should be quasi-estopped from pursuing its claims. The factoring company was entitled to judgment as a matter of law on its claim that the debtor was required to make payments to it because the debtor did not make payments. Reversed and rendered in part. Reversed and remanded in part.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 12, 2023, Case #: 09-22-00376-CV, Categories: Debt Collection, Due Process, Contract
J. Johnson finds the trial court properly ruled in favor of the transmission repair shop in this suit brought by the vehicle owner who says his engine became “burn up frozen” after leaving it at the shop. The vehicle owner did not respond to the shop’s request for admissions and the shop was granted summary judgment by the justice of the peace on the shop’s allegations that it performed no work on the vehicle. Any alleged errors in the justice court, which is not a court of record, were mooted because its judgment was set aside once the owner appealed to the county court at law. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: October 12, 2023, Case #: 09-22-00377-CV, Categories: Evidence, Tort, Due Process
J. Webb finds the circuit court improperly entered declaratory judgment in favor of the ballot-question committee saying that the emergency clause in the public-school reform “LEARNS Act” did not receive a separate roll-call vote, rendering it procedurally invalid. The circuit court ignored the record and relied on parol evidence of video recordings of proceedings to find that the General Assembly’s process is constitutionally infirm. The journals are the official record, and it was erroneous for the court to look to parol evidence. The constitution supports the adoption of the Act, and the validity of internal legislative procedures or whether it presents a political question need not be reviewed. Reversed and dismissed.
Court: Arkansas Supreme Court, Judge: Webb, Filed On: October 12, 2023, Case #: CV-23-468, Categories: Administrative Law, Constitution, Evidence
J. Womack finds the trial court properly convicted defendant for capital murder, sentencing him to life in prison. Substantial evidence shows that defendant stabbed his ex-wife 45 times, leaving her deceased body on the bedroom floor while he showered, changed clothes and contacted his mother. The jury adequately heard and rejected defendant’s affirmative-defense argument regarding his mental state and alleged involuntary intoxication by his use of Wellbutrin. The number of wounds targeting the victim’s face, neck and chest indicates an intent that rises to premeditation or deliberation. Affirmed.
Court: Arkansas Supreme Court, Judge: Womack, Filed On: October 12, 2023, Case #: CR-22-821, Categories: Competence, Evidence, Murder
J. Womack finds the circuit court improperly dismissed the driver involved in a single car accident’s legal malpractice claim brought against the lawyers who represented her in a negligence suit brought against individuals and entities possibly responsible for the alleged negligence that led to the crash. The lawyers failed to properly serve the defendants, who then filed a successful motion to dismiss because the statute of limitations had run. The attorneys’ conduct amounts to fraud in this confidential or fiduciary relationship. The driver has pleaded sufficient facts to establish fraudulent concealment. Reversed and remanded.
Court: Arkansas Supreme Court, Judge: Womack, Filed On: October 12, 2023, Case #: CV-21-417, Categories: Fraud, Vehicle, Legal Malpractice
J. Hagen finds that the lower court properly denied defendant’s motion for relief from his conviction for attempted aggravated sexual abuse of a minor. He could have brought his ineffective assistance claim during his plea and sentencing, but did not, and because this claim falls under Utah’s Post-Conviction Remedies Act, it is not properly brought before the court as a Rule 60(b)(6) motion. Affirmed.
Court: Utah Supreme Court, Judge: Hagen, Filed On: October 12, 2023, Case #: 2023 UT 23, Categories: Ineffective Assistance, Sex Offender, Child Victims