137 results for 'filedAt:"2024-02-02"'.
J. Moore allows plaintiff to continue claims contending the insurer failed to cover claims stemming from hail damage because issues of material fact remain as to whether the insurer violated the terms of its contract when appraisers allegedly concealed material facts about their interests in the damaged property.
Court: USDC Colorado, Judge: Moore, Filed On: February 2, 2024, Case #: 1:17cv949, NOS: Insurance - Contract, Categories: Insurance
J. Wilson finds the district court properly sentenced defendants on convictions for conspiracy, bank robbery and firearm use. The relevant part of the First Step Act, which subjects defendants to only the 5-year minimum sentence for multiple convictions arising out of the same conduct, does not apply to post-enactment resentencings on pre-enactment sentences that were vacated after enactment. Affirmed.
Court: 5th Circuit, Judge: Wilson , Filed On: February 2, 2024, Case #: 22-10265, Categories: Robbery, Sentencing
J. Males finds a lower court improperly dismissed a German bank's motion for injunction against a Russian natural gas company. The Russian natural gas company argued that it is entitled for payment on demand bonds issued by the bank. However, the German bank sufficiently showed that the English court has jurisdiction over the dispute, and is entitled to terminate the Russian proceedings.
Court: Her Majesty's Court of Appeal, Judge: Males, Filed On: February 2, 2024, Case #: CA-2023-1933, Categories: Contract, Injunction
J. Loken finds a lower court properly imposed restitution on a defendant who was convicted on charges of mail fraud, money laundering, and illegal money transactions. The defendant argued that the imposition of more than two million dollars in restitution and an increase of his monthly payments is unreasonable. However, the defendant, who posed as a international banker, swindled money out of 65 victims as part of an "advance fee" scam between 1984 and 1999. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: February 2, 2024, Case #: 22-3521, Categories: Restitution, Money Laundering
J. Rosen finds a lower court properly dismissed a defendant's motion for recusal to change judges. The defendant, who was charged with two counts of attempted first- degree murder and one count of conspiracy to commit murder, argued that he was entitled to an order of recusal against a judge who he believed was biased against him. However, the State presented sufficient evidence in court that a judge is not obligated to recuse himself when a defendant alleges bias for feeling "belittled or threatened" during proceedings. Affirmed.
Court: Arkansas Supreme Court, Judge: Rosen, Filed On: February 2, 2024, Case #: 123097, Categories: Murder, Conspiracy
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Per curiam, the Supreme Court of Kansas finds the attorney disciplinary administrator properly imposed 12 months probation on a real estate attorney for professional conduct violations. The attorney argued that he may have misplaced funds on behalf of a client seeking adoption. However, the state presented sufficient evidence in court that the attorney violated safekeeping property rules by accepting a flat fee to complete an adoption process without disclosing where the money went. Affirmed.
Court: Arkansas Supreme Court, Judge: Per curiam, Filed On: February 2, 2024, Case #: 126012, Categories: Attorney Discipline
Per curiam, the Supreme Court of Kansas finds a lower court properly disciplined an attorney for safekeeping property violations. A court reporter hired by the attorney argued that he wrongfully garnished her wages in small claims court. However, the garnishment may have been mistaken based on the attorney's declining health following a heart transplant.
Court: Kansas Supreme Court, Judge: Per curiam, Filed On: February 2, 2024, Case #: 126106, Categories: Attorney Discipline
J. Kennelly denies a workforce management technology company’s motion for the court to reconsider its decision granting class certification to the employees of one of the company’s clients. Those employees allege, in a class action complaint, that their employer violated Illinois biometric privacy law by nonconsensually collecting their fingerprints on the technology company’s finger-scanning timeclocks. The court finds the company has offered no new reason why the court should reconsider its past ruling granting the employees class certification.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: February 2, 2024, Case #: 1:21cv3400, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Employment, Privacy, Class Action
Per curiam, the appeals court finds the prosecution deprived defendant of a fair trial in his case on drug charges by making multiple inappropriate statements to the jury, including offering their personal opinions regarding defendant's guilt, insinuating defendant committed money laundering he was not charged with, and a "blatant misuse" of certain evidence. The prosecutor's comments, though unopposed by defense counsel, constitute fundamental errors, and defendant's judgment and conviction are overturned and his case is remanded for a new trial. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: February 2, 2024, Case #: 23-0485, Categories: Drug Offender, Prosecutorial Misconduct
Per curiam, the appeals court finds the trial court improperly granted summary judgment to the wealth management firm in a lawsuit over a car collision its employee caused with the citizen while heading to a business meeting in the course of running errands at least partially related to her job. Because the record is unclear as to whether the employee's errands, which included trips to buy packing supplies and wine and cheese, and a stop at McDonald's for lunch, were related to her employment, the firm is not entitled to judgment as a matter of law. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: February 2, 2024, Case #: 23-0750, Categories: Evidence, Tort, Vehicle
Per curiam, the Nebraska Supreme Court finds the trial court properly convicted defendant by guilty plea for two counts of attempted first-degree assault on an officer, firearm use and conspiracy. Defendant, as a distraction, shot at officers who were in place outside a residence preparing to serve a warrant. The record shows the court reviewed all information, considered exhibits, testimony, defendant's acceptance of responsibility and all sentencing factors. Affirmed.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: February 2, 2024, Case #: S-23-167, Categories: Assault, Weapons, Conspiracy
J. Prouty denies the contractor's appeal alleging unstable site conditions of a bank of a drainage canal on which it was contracted by the Army Corp of Engineers to complete an armoring project. Though the contractor says the government mischaracterized the conditions, contractual specifications, though not alerting the contractor to the problems encountered, were not affirmatively misleading, as none of the work was located at or near the area where the problems arose.
Court: Armed Services Board Of Contract Appeals, Judge: Prouty , Filed On: February 2, 2024, Case #: 62257, Categories: Construction, Government, Contract
J. Harbison finds a 2014 ballot initiative to tax and regulate the sale of marijuana did not repeal both the statute that classifies marijuana as a controlled substance and the statute for first-degree misconduct involving a controlled substance. “The prosecutor, not the superior court, makes charging decisions, 62 and the legislature, not the court, determines the sentencing range that may be imposed once a defendant is convicted of an offense.” Affirmed.
Court: Alaska Court Of Appeals, Judge: Harbison, Filed On: February 2, 2024, Case #: A-13793, Categories: Drug Offender
J. Borghesan finds the superior court properly entered summary judgment in the case of an estate of a deceased Fairbanks entrepreneur that languished in probate for years. The wife “had a reasonable ability to protect her own rights against some of the former personal representative’s alleged misdeeds, and…the former personal representative’s lawyer did not know or have reason to know of the other alleged misdeeds," therefore "the lawyer did not owe a duty of care to the deceased man’s wife.” Affirmed.
Court: Alaska Supreme Court, Judge: Borghesan, Filed On: February 2, 2024, Case #: S-18317, Categories: Wills / Probate
J. Kelety finds that the state properly used a peremptory challenge to excuse a juror from defendant's evasion and reckless driving trial. The juror stated she would have trouble being fair because she believed police were racially biased. However, the evidence did not support a conviction for leaving the scene of an accident. Vacated in part.
Court: California Courts Of Appeal, Judge: Kelety, Filed On: February 2, 2024, Case #: D081267, Categories: Jury, Vehicle
J. Fox finds that the lower court properly denied a state representative and a local organization's request to intervene in lawsuits challenging Wyoming's abortion restriction laws. The groups trying to intervene have not shown that they have any protectable interest in the underlying lawsuits, and allowing them into the dispute would only result in "undue delay and prejudice." Affirmed.
Court: Wyoming Supreme Court, Judge: Fox, Filed On: February 2, 2024, Case #: S-23-0196, Categories: Civil Procedure, Civil Rights
J. Axon grants partial summary judgment in favor of the poultry processors in this violation of Packers and Stockyards Act suit brought by a trustee of a bankruptcy estate and its farm. The trustee alleges the processors violated the Act by creating an anticompetitive market scheme to fix chicken prices higher than the market would otherwise support. The poultry processors claim the trustee and its farm are precluded due to the settlement agreement in a “Broiler Grower Litigation” class action. Therefore, judgment will be entered solely on the federal claim under the Act, and the court will decline to exercise jurisdiction for the state claims.
Court: USDC Northern District of Alabama , Judge: Axon, Filed On: February 2, 2024, Case #: 4:20cv1997, NOS: Other Contract - Contract, Categories: Antitrust, Settlements
J. Breedlove finds that the lower court improperly granted summary judgment for the appellees on the appellant's claims for breach of contract and fraud in the inducement. The appellant sufficiently raised a fact issue as to whether the appellees breached the parties' franchise consulting agreement, based on allegedly unpaid royalties. Reversed in part.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: February 2, 2024, Case #: 05-23-00040-CV, Categories: Civil Procedure, Contract
Per curiam, the appellate division finds that the trial court properly awarded damages to an employee in claims contending he had been struck by a falling ladder while working at a building company's unsafe work site. The employee denied bumping into the ladder with a wheelbarrow as asserted by a witness who had not observed the incident, and the award was reasonable given the employee's spinal injuries and chronic pain. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 2, 2024, Case #: CA 22-01058, Categories: Employment, Negligence
J. Smith finds that the lower court properly increased the father's child support obligation in this suit to modify the parent-child relationship. The evidence sufficiently supported the increase "from $7,250 per month to $12,000 per month," and the lower court did not order the father to pay the full amount requested by the mother. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: February 2, 2024, Case #: 05-22-00333-CV, Categories: Evidence, Family Law
Per curiam, the appellate division finds that defendant was improperly convicted of first-degree rape of a seven-year-old girl because while the victim testified defendant's penis touched her vagina, she was "not sure" penetration occurred. However, defendant failed to preserve other arguments. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 2, 2024, Case #: KA 19-02151, Categories: Evidence, Sex Offender, Child Victims
Per curiam, the appellate division finds that the trial court properly granted an attorney a court order stating he was owed 20% as an equity partner after he left the law firm because the parties do not dispute the income distribution agreement, and documents indicate the attorney would be limited to an equity interest of 20%. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 2, 2024, Case #: CA 22-01096, Categories: Contract
J. Pitman dismisses most claims brought by a Texas bank against state officials after a leasing agreement between the bank and the Texas Permanent School Fund Corporation fell apart. The parties agreed that the state corporation would lease space from the bank, but after the bank made improvements and modifications per the leasing agreement, an appropriations bill passed during the 2023 Texas legislative session barred the corporation from fulfilling the lease. Because Texas “has passed legislation that unilaterally and completely reneges on its own agency’s obligations under the lease agreement,” the bank may bring contract clause claims against the state comptroller, but its claims against other state officials fail on immunity grounds.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: February 2, 2024, Case #: 1:23cv691, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Government, Contract