191 results for 'filedAt:"2024-01-24"'.
J. Cote partially grants the fertility clinic's motion to dismiss claims stemming from the loss of a woman's frozen eggs. All the woman's claims sound in ordinary negligence rather than medical malpractice, so the malpractice claim must be dismissed. Further, there is no evidence that the clinic made knowingly false statements about the quality of its services, so her fraud claims are also dismissed.
Court: USDC Southern District of New York, Judge: Cote, Filed On: January 24, 2024, Case #: 1:23cv4503, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Fraud, Negligence, Medical Malpractice
J. Scarsi grants an insurance company's motion to dismiss an insured's claims of breach of contract and elder abuse for not receiving benefits that he alleges he is due under his insurance policy. The insured has not exhausted Medicare’s administrative review procedures for his breach of contract or breach of the implied covenant of good faith and fair dealing claims. The insured is granted leave to amend his elder neglect claim.
Court: USDC Central District of California, Judge: Scarsi, Filed On: January 24, 2024, Case #: 2:23cv6324, NOS: Medicare Act - Contract, Categories: Insurance, Medicare, Contract
J. Kindred grants the government's motion to dismiss breach of contract claims regarding cancelation of a contract to charter a vessel to recover oceanographic equipment in the Bering and Chukchi Seas. The court lacks jurisdiction, because the company failed to exhaust administrative remedies under the Contract Disputes Act.
Court: USDC Alaska, Judge: Kindred, Filed On: January 24, 2024, Case #: 3:23cv62, NOS: Marine - Contract, Categories: Maritime, Contract
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J. Wood finds the trial court properly convicted defendant for aggravated assault upon an employee of a correctional facility based on sufficient evidence. Two witnesses testified they saw the inmate spit on the corrections officer during a cell inspection. The officer also photographed his sleeve, where the spit landed. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: January 24, 2024, Case #: CR-23-361, Categories: Evidence, Assault, Prisoners' Rights
J. Hixson dismisses this appeal of the circuit court's finding in favor the estate. The decedent's parents say the court improperly ordered them to sell real property described in a warranty deed reserving a life estate and involved in an agreement to transfer a remainder interest in the property to their son. The circuit court awarded damages relating to certain property, but not to other certain property. The appeal is dismissed for lack of a final order.
Court: Arkansas Court Of Appeals, Judge: Hixson , Filed On: January 24, 2024, Case #: CV-23-193, Categories: Property, Wills / Probate, Due Process
J. McKeig affirms the Court of Appeals' reversal of the district court's dismissal of second-degree riot charges for lack of probable cause. Cars may be a dangerous weapon if their use is likely to cause death or great bodily harm, whether or not their drivers intend to cause that harm. Affirmed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: January 24, 2024, Case #: A22-1551, Categories: Criminal Procedure, Weapons
J. Hudson adopts several proposed amendments to the rules of the Minnesota Client Security Board. The court declines to adopt a rule barring attorneys from receiving payment for assisting with prosecuting claims to the board without board approval, finding it unnecessary. A rule permitting the board to deny any claim is modified to specify the factors it must consider, and a third proposed rule seeking to formally define "loss" is not adopted as it is duplicative of another rule.
Court: Minnesota Supreme Court, Judge: Hudson, Filed On: January 24, 2024, Case #: ADM10-8005, Categories: Administrative Law, Civil Procedure
J. Jensen grants a mother’s motion to compel documents from an Illinois city’s public school district. Her son suffered permanent brain injuries when, as a high school freshman, school officials slammed him to the ground. The court finds the school district has not provided sufficient reasons as to why it should deny the mom’s request for eyewitness statements and investigative reports.
Court: USDC Northern District of Illinois, Judge: Jensen, Filed On: January 24, 2024, Case #: 3:22cv50354, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Education, Discovery
J. Harrison finds the trial court properly convicted defendant for possession of meth based on sufficient evidence. Defendant was found by his parole officer during a home visit to be under the influence of and in possession of meth. Furthermore, the jury properly declined defendant's challenge to evidence sufficiency based on the inability of the officer who measured amounts of the drug to testify, who was killed in the line of duty. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: January 24, 2024, Case #: CR-22-732, Categories: Drug Offender, Evidence, Due Process
J. Gladwin finds the circuit court properly denied the ex-husband's motion for a new trial in a protective order case filed by his ex-wife. She was awarded the marital home after the divorce and has presented evidence that locks on the home had been tampered with, as well as doorbell video evidence of masked intruders outside the home and a menacing funeral balloon that had been sent to her. Evidence of the husband's prior abuse as well as of his gun collection was also shown. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 24, 2024, Case #: CV-23-217, Categories: Evidence, Family Law, Restraining Order
J. Neeley finds the trial court properly convicted defendant for meth possession. Though defendant was found not guilty for intent to deliver, because the possession conviction was enhanced by prior felony convictions designating him as a habitual offender, defendant was sentenced to 99 years. The possession conviction, enhanced to the punishment range for a first-degree felony, is as serious as the offenses committed by a defendant in a cited case who received a life sentence. Defendant's 99-year sentence is not more severe. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: January 24, 2024, Case #: 12-23-00205-CR, Categories: Drug Offender, Evidence, Sentencing
J. Klingensmith finds that the trial court improperly dismissed breach of contract claims concerning the purchase of interest in a pet resort because genuine issues remain in dispute as to whether the parties entered a valid contract. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Klingensmith, Filed On: January 24, 2024, Case #: 4D2023-0201, Categories: Contract
J. Tookey finds the Land Use Board of Appeals (LUBA) properly upheld an order of the Clackamas County Board of Commissioners approving an application for a dwelling permit on a lot adjacent to the Salmon River and in a principal river conservation area (PRCA). “LUBA correctly understood its role in conducting its review for substantial evidence.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: January 24, 2024, Case #: A182331, Categories: Evidence, Property
J. Powers finds the trial court erred by failing to suppress evidence of defendant’s refusals to perform field sobriety tests (FSTs). “Refusals to perform FSTs—like refusals to perform breath tests—may be admitted as evidence of guilt if the state proves that law enforcement’s requests to perform the tests could be understood only as a request to submit to the physical act, and not as a request that defendant provide constitutionally significant consent to the tests.” Reversed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: January 24, 2024, Case #: A172776, Categories: Evidence, Vehicle
J. Buller finds that a restaurant was properly ordered to pay on a lease after vacating the space prior to termination based on the restaurant's admission that it broke the lease. However, the restaurant is not responsible for property damages sought by the plaza because the restaurant had been renovating the space for its next tenant. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 22-1822, Categories: Property, Contract
J. Ahlers finds that the lower court properly held that a newspaper and its writers had neither libeled nor defamed plaintiff by printing information about his involvement in a casino operation because the information was truthful and had been printed on the editorial page. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: January 24, 2024, Case #: 22-1940, Categories: Defamation
J. D’Agostino dismisses the last remaining defendant from a consumer credit complaint that alleges a homeowner’s mortgage lender erroneously reported her mortgage as discharged after she filed for Chapter 7 bankruptcy even though she continued to make payments until the debt had been satisfied. While she successfully alleges she suffered an injury in that she has been unable to secure additional lines of credit due to the inaccurate information, the court finds her credit report is essentially accurate.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: January 24, 2024, Case #: 3:23cv147, NOS: Consumer Credit - Other Suits, Categories: Bankruptcy, Debt Collection, Consumer Law
J. Land upholds the bankruptcy court's order denying the firm's motion for a new trial on the decision denying the firm's earlier motion to object to the confirmation of the client's Chapter 13 plan. The bankruptcy court correctly found that the client declared bankruptcy in good faith and properly rejected the firm's arguments that the client's failure to account for child support in her bankruptcy plan showed bad faith.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: January 24, 2024, Case #: 4:23cv119, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy
J. Langholz finds that the beneficiary of a trust should have been granted proceeds because the trust expressly stated intent to limit distribution of the estate to the named beneficiaries rather than the children of deceased beneficiaries. Reversed.
Court: Iowa Court Of Appeals, Judge: Langholz, Filed On: January 24, 2024, Case #: 23-0038, Categories: Wills / Probate
J. Hernandez partially grants the exporter default judgment for its complaint that the discretionary trading trust bought $2.9 million in lumber, rejected the delivery when it arrived, but then took possession of it and sold the lumber to a third-party without paying the exporter. While the $2.9 million in damages are granted without issue because that is the amount owed on the invoice, the exporter seeks pre-judgment interest on its United Nations Convention on Contracts for the International Sale of Goods claim, which does not arise under state law. The exporter is to supplement its motion with new pre-judgment interest calculations consistent with the federal rate within 30 days.
Court: USDC Western District of Washington, Judge: Hernandez, Filed On: January 24, 2024, Case #: 3:22cv1041, NOS: Other Contract - Contract, Categories: Damages, Contract