102 results for 'filedAt:"2024-01-19"'.
J. Epley finds defendant's conviction for attempted trespass was supported by sufficient evidence even though she and the owners of the home were related by marriage. Testimony indicates they had little-to-no relationship and defendant had no key or access code to the property, which she attempted to enter well past midnight. Affirmed.
Court: Ohio Court Of Appeals, Judge: Epley, Filed On: January 19, 2024, Case #: 2024-Ohio-177, Categories: Evidence, Trespass
J. Stewart issues a writ of mandamus granting state-agent immunity to a school principal, vice principal and superintendent against negligence claims filed by a substitute teacher who was assaulted by a student. The teacher failed to show the school officials acted outside their authority.
Court: Alabama Supreme Court, Judge: Stewart, Filed On: January 19, 2024, Case #: SC-2023-0201, Categories: Education, Immunity, Assault
J. Bennett grants summary judgment in favor to Baltimore in this lawsuit brought by a protestor who argues an ordinance prohibiting his use of an A-frame anti-abortion sign on public walkways violates his First Amendment rights. Baltimore permitted him to wear or hold his sign, hand out pamphlets and speak with anyone on the sidewalk. Therefore, the protestor has ample alternative means for communicating his message, and his claims fail.
Court: USDC Maryland, Judge: Bennett, Filed On: January 19, 2024, Case #: 1:22cv2587, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, First Amendment
J. Friday finds the trial court erred in granting the father’s protection for abuse order against the boyfriend, because the boyfriend did not commit any act of domestic violence against the father’s minor daughter as defined by the statute. Further, the minor daughter’s act of running away with the boyfriend to escape her father’s strict household was both deliberate and consensual. Reversed and remanded.
Court: Alabama Court of Civil Appeals, Judge: Fridy, Filed On: January 19, 2024, Case #: CL-2023-0221, Categories: Family Law, Restraining Order
J. Hall grants the employer's and driver's motion to dismiss a wrongful death action brought by the estate creditor after the decedent's death in a car collision. The estate creditor is not a proper plaintiff to bring a wrongful death claim under Georgia law since he has not alleged he is the administrator or executor of the decedent's estate. The only other plaintiffs who can bring a wrongful death claim are the decedent's surviving spouse or children.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: January 19, 2024, Case #: 1:23cv103, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Wrongful Death
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J. Jackson grants a bank’s unopposed request for $842,000 in attorney fees arising from a breach of contract suit but denies its “eyepopping” request for $504,000 in legal expenses and costs not normally awarded in federal court. The bank argues its deposit agreement does not limit the types of cost and expenses it should be allowed to recover and the bank should not be limited by federal law either. Ambiguous language in the deposit agreement precludes a finding the bank may seek limitless costs.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: January 19, 2024, Case #: 3:19cv811, NOS: Other Contract - Contract, Categories: Civil Procedure, Banking / Lending, Attorney Fees
J. Tapp grants the U.S. dismissal of takings claims related to the steady flow of immigrants entering private property after the government abandoned a project to build a border wall between California and Mexico because the U.S. cannot be held responsible for increased immigration flow onto the property. However, plaintiff may file an amended complaint related to property damage caused by construction debris.
Court: Court of Federal Claims, Judge: Tapp, Filed On: January 19, 2024, Case #: 23-125, Categories: Property