113 results for 'filedAt:"2024-01-26"'.
J. Crouse finds affidavits from the wife's attorney and two expert witnesses were sufficient to allow the trial court to award the exact amount of attorney fees requested, especially considering the wife was successful on all the post-divorce claims filed by the husband. Meanwhile, the husband's absence from the attorney fees hearing did not violate his due process rights because the hearing was delayed twice at his request, which allowed the trial court to deny his third motion for a continuance. Affirmed.
Court: Ohio Court Of Appeals, Judge: Crouse, Filed On: January 26, 2024, Case #: 2024-Ohio-266, Categories: Family Law, Due Process, Attorney Fees
J. Conley grants the retirement plan administrators' motion to dismiss the beneficiaries' class action claiming the administrators breached their fiduciary duties by selecting and retaining investments in index funds that perform poorly compared to other available funds. In part because the beneficiaries have failed to prove the disputed investments were made outside the administrators' "reasonable judgment," and because the investments did not always perform poorly during the class period, the beneficiaries have failed to a state a viable claim for breach of fiduciary duty. The beneficiaries' complaint is dismissed without prejudice, and they are given until February 26, 2024, to file an amended complaint, should there be a good-faith reason for it.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: January 26, 2024, Case #: 3:22cv449, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty, Class Action
J. Lohier finds that the district court properly dismissed class claims alleging motorists were hit with excessive fines for failing to make payments following implementation of "cashless tolling" at New York City bridges and tunnels because the reduced fines were not unconstitutional as "grossly disproportional" to the offense and did not unjustly enrich the public authority. Affirmed.
Court: 2nd Circuit, Judge: Lohier, Filed On: January 26, 2024, Case #: 22-751-cv, Categories: Constitution, Vehicle, Class Action
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. Pryor finds that the lower court improperly sentenced defendant for attempted enticement of a minor for sexual activity. The court discussed only the seriousness of his offense and not any of his mitigating arguments. Vacated.
Court: 7th Circuit, Judge: Pryor, Filed On: January 26, 2024, Case #: 22-1400, Categories: Sentencing, Sex Offender
J. Ballou finds the lower court properly declined to vacate the defendant's plea. The government did not advise the defendant, convicted of aiming a firearm at another person after shooting a gun in the air out of frustration for being kicked out of a club, of the significance of supervised release—that if he were to violate it, he could be subject to additional prison time above the statutory maximum period allowed for the underlying offense. The defendant's substantial rights were not affected because the record does not show that he would have declined to plead guilty if he had been advised about the significance of supervised release. Affirmed.
Court: 4th Circuit, Judge: Ballou, Filed On: January 26, 2024, Case #: 19-4865, Categories: Fair Trial, Firearms, Plea
J. Saylor partially denies a manufacturer's motion to dismiss the claims filed against it by the subrogee of a property owner whose property was damaged when a water supply line, made by the manufacturer and installed on the adjacent property, allegedly cracked. The subrogee sufficiently alleges its implied warranty claim.
Court: USDC Massachusetts, Judge: Saylor, Filed On: January 26, 2024, Case #: 1:23cv10679, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Insurance, Property, Warranty
J. Kenworthy finds that the trial court properly ruled that a wife should maintain possession of a pre-embyro in this divorce action. The parties created and froze pre-embryos, one of which they used to have a child, but their agreement did not state who should retain possession of frozen pre-embryos in case of divorce. The court properly weighed all factors in awarding the wife possession. Affirmed.
Court: Indiana Court Of Appeals, Judge: Kenworthy, Filed On: January 26, 2024, Case #: 23A-DC-129, Categories: Family Law, Contract
J. Welte grants SkyWest Airlines' motion for summary judgment in a matter in which a deaf individual who sought employment claimed that SkyWest did not provide training materials with closed captioning to be compliant with the Americans with Disabilities Act. Sufficient evidence showed that once the employee made a request for closed captioning, SkyWest started working with him to gather additional medical information to assess whether he could safely perform the position's functions. SkyWest later terminated his position, giving rise to the claim, but there existed a "legitimate, nondiscriminatory reason to terminate his employment because he posed a direct threat to the safety of himself and others."
Court: USDC North Dakota , Judge: Welte, Filed On: January 26, 2024, Case #: 3:22cv45, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment
J. Boomgaarden finds that the lower court properly tossed a petition with the Albany County School District asking the district to form a rural school for children who live in a remote area of Wyoming. The parents of the children living in the rural area claim that their request is supported by the Wyoming Constitution and their fundamental right to an education, but there is nothing in the language of the law that requires a district to consider or approve the construction of a brand new school. Affirmed.
Court: Wyoming Supreme Court, Judge: Boomgaarden, Filed On: January 26, 2024, Case #: S-23-0148, Categories: Constitution, Education
J. Kelly finds that the trial court properly ruled to terminate a mother's parental rights to her two children. The evidence shows that the mother used illegal drugs in the presence of her children, created an unstable environment and failed to complete her court-ordered service plan to maintain custody of her children. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: January 26, 2024, Case #: 03-23-00469-CV, Categories: Family Law
J. Leonard finds the lower court properly dismissed defendant’s assault charges without prejudice. The amended charges were initially defective for lacking a definition of substantial bodily injury as to the victim. The charges should not have been dismissed with prejudice, though, despite not having held a preliminary hearing as he was already charged by information before the hearing date was set. Further, the Supreme Court of Hawaii “has upheld and ordered dismissals of numerous other cases without prejudice as the remedy for an insufficient charge.” Affirmed.
Court: Hawai'i Court Of Appeals, Judge: Leonard, Filed On: January 26, 2024, Case #: CAAP-23-105, Categories: Assault, Due Process
J. D'Auria finds the trial court properly denied the car buyer's request for additional damages following a jury verdict in her favor. The issue of whether she revoked her acceptance of the vehicle after mechanical problems was specifically decided by the jury and the damages they awarded covered that portion of her claim. Additionally, it was not inequitable for the court to decline the buyer's request because the jury's award of damages equal to the amount of payments made on the car loan, and not the full purchase price of the vehicle, restored the buyer to the same financial position as she was in at the outset of the contract. Affirmed.
Court: Connecticut Supreme Court, Judge: D'Auria, Filed On: January 26, 2024, Case #: SC20774, Categories: Vehicle, Damages, Warranty
J. Cates finds that the Commission properly directed GridLiance to apply for a certificate of public convenience and necessity after finding that it met the definition of a public utility. As an owner of transmission assets in Illinois, the company may be considered a public utility under the Public Utilties Act based on the transmission of electricity. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: January 26, 2024, Case #: 230073, Categories: Administrative Law, Energy
J. Molberg finds that the lower court properly entered a take-nothing judgment in favor of the appellee, in this negligence lawsuit stemming from an incident at an indoor shooting range in which the appellee allegedly "removed the left earmuff" of the appellant's hearing protection. Any error in the admission of certain medical records from the appellant's primary care physician was harmless, as it did not result in an improper judgment. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: January 26, 2024, Case #: 05-22-00347-CV, Categories: Evidence, Health Care, Negligence
J. Traver finds the trial court erred, in part, when it awarded summary judgment in favor of a former business partner in this commercial foreclosure case. The business partner argues he did not personally guarantee a restructured loan with the lender because the signatures and document fail to define “Borrower” or “Guarantors.” Wherefore, the lender argues it was signed on behalf of the borrower in the restructured loan because “Personally” is next to the signature block. The court finds there are genuine issues and remands this case back for further proceedings. Affirmed in part; Reversed in part.
Court: Florida Courts Of Appeal, Judge: Traver, Filed On: January 26, 2024, Case #: 6D23-644, Categories: Banking / Lending, Foreclosure
J. Dysart finds that the district court properly found for a school on a parent's claim that her son was sexually battered by another student. In this case, the school presented surveillance footage showing the student walking down the hallway with his hand outstretched, brushing his fingers against the wall as he walked, when he brushed across the son's lower back for less than one second as they passed each other. The incident on the video does not support that a sexual battery occurred. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: January 26, 2024, Case #: 2023-CA-0326, Categories: Evidence, Negligence
J. Clark finds the trial court improperly granted the wife's request for attorney fees in connection with the husband's contract claim. Although the action was dismissed as barred by the statute of limitations, the court failed to make its own factual findings as to whether the husband acted in bad faith, while there was also no evidence in the record to establish he knew the action was meritless at the time he filed it. Reversed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: January 26, 2024, Case #: AC45239, Categories: Family Law, Judiciary, Attorney Fees