152 results for 'filedAt:"2024-02-06"'.
J. McMillian finds that the trial court properly convicted defendant of murder and cruelty to children. Sufficient evidence was presented to support defendant's convictions, including evidence that the two-year-old victim suffered fatal injuries on an evening when only defendant was with him. Defendant failed to show that his trial counsel performed deficiently or that he was prejudiced by the alleged deficiencies. Affirmed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: February 6, 2024, Case #: S23A0864, Categories: Murder, Child Victims
J. McShane declines to dismiss the federal claims in the residential patients' complaint accusing the hospital of revising its rules about handling patient mail and personal property, which prevented the patients from sending or receiving previously allowed packages, including three-dimensional artwork and Native American religious sacraments. The patients plausibly allege that the hospital's employees acted as state officials who implemented a policy that deprived the patients of their rights to free speech and religious freedom.
Court: USDC Oregon, Judge: McShane, Filed On: February 6, 2024, Case #: 6:22cv1982, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Property, First Amendment
[Consolidated.] J. Bethel finds that the trial court properly convicted defendants of murder, aggravated assault with a deadly weapon, battery and possession of a firearm during the commission of a crime. Defendants failed to show that their trial attorneys performed deficiently or that they were prejudiced by their attorneys' alleged deficiencies. Multiple eyewitnesses testified that they saw one defendant shoot the victim at the murder scene. Eyewitnesses testified that they either saw the co-defendant shoot the victim or saw the co-defendant with a gun at the murder scene. Affirmed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: February 6, 2024, Case #: S23A0854, Categories: Ineffective Assistance, Murder
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
Per curiam, the circuit finds that the district court properly dismissed class due process claims when the New York City Fire Department instituted a Covid-19 vaccination mandate and suspended or fired employees not in compliance. A federal due process violation would not have occurred even if state collective bargaining procedures were not followed in making vaccination a new work condition because plaintiffs received adequate notice of the change and an opportunity to seek accommodation. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: February 6, 2024, Case #: 23-663, Categories: Employment, Due Process, Covid-19
J. Usman finds the lower court properly found in favor of an employee in this contract and employment matter. A timeshare cancellation negotiating company terminated an employee for attendance issues, but the employee argued her termination was retaliatory because she invoiced the company for unpaid commissions per her employment contract. A jury agreed with the employee and awarded her damages for breach of contract, unjust enrichment, retaliatory discharge and punitive damages. The employer argued the awards were erroneous and excessive, but the instant court finds no error in the trial court’s determination. Affirmed.
Court: Tennessee Court of Appeals, Judge: Usman, Filed On: February 6, 2024, Case #: M2022-00630-COA-R3-CV, Categories: Damages, Contract, Employment Retaliation
J. Drain denies plaintiff dismissal of claims in which she sought to recover money allegedly owed under a life insurance policy. The insurer failed to notify heirs of the policyholder's death in 1986, and they did not discover this information until the policy was escheated to the state of Michigan and the estate was reopened. Meanwhile, plaintiff cannot dismiss an action from federal court once it has been properly removed.
Court: USDC Eastern District of Michigan, Judge: Drain, Filed On: February 6, 2024, Case #: 2:23cv12800, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
J. Zouhary grants the insurer's motion for summary judgment, ruling salvage expenses related to the sunken yacht are not covered by its policy, which includes a captain's warranty that provides coverage only if the vessel is being navigated by a single, named captain. Therefore, because the yacht's owner changed captains and failed to inform the insurance company, his claim was properly denied because the captain named in the policy was not operating the vessel at the time of its sinking.
Court: USDC Northern District of Ohio, Judge: Zouhary, Filed On: February 6, 2024, Case #: 3:21cv2047, NOS: Marine - Contract, Categories: Insurance, Maritime
J. Wynn finds the lower court improperly granted summary judgment to the news outlet on copyright claims stemming from the website Independent Journal Review's use of a Ted Nugent photo in an online article. The concert photographer who took the photo of Ted Nugent that the news outlet used for publication without obtaining permission still had copyright registration for the pictures. They cannot rely on the fair use defense as they did not alter anything from the photo. Reversed.
Court: 4th Circuit, Judge: Wynn, Filed On: February 6, 2024, Case #: 21-2021, Categories: Copyright
J. Miller enters an order amending a previous Ninth Circuit opinion directing that no further petitions for rehearing be allowed in an immigration matter. An immigrant sought cancellation of removal and adjustment of status. An immigration judge denied relief because of the immigrant's criminal record and the Board of Immigration Appeals affirmed. The immigrant alleged that the criminal charges were misapplied to him and that they actually involved his brother.
Court: 9th Circuit, Judge: Miller, Filed On: February 6, 2024, Case #: 20-72510, Categories: Immigration
J. Gershon preserves in part antitrust claims that allege Gerber and Pelligro, two of the leading U.S. infant formula manufacturers, engaged in a scheme to block a pharmaceutical company from entering the store-brand infant formula market. The litigant sufficiently alleges an agreement that gave Pelligro right of first refusal to Gerber's excess capacity monopolized the market. The court, however, dismisses claims against Nestlé S.A. for lack of jurisdiction.
Court: USDC Eastern District of New York, Judge: Gershon, Filed On: February 6, 2024, Case #: 1:21cv5382, NOS: Antitrust - Other Suits, Categories: Antitrust
J. O'Connor denies a group of banks' motion for summary judgment on an apartment company's claims arising from loans it obtained to construct a student housing complex. There are genuine disputes of fact regarding the company's claims for RICO, fraud, breach of contract and gross negligence, among others.
Court: USDC Northern District of Texas , Judge: O'Connor, Filed On: February 6, 2024, Case #: 4:23cv341, NOS: Other Contract - Contract, Categories: Fraud, Banking / Lending, Racketeering
J. Starr denies, in part, a former employee's motion for summary judgment on a motorsports company's trade secrets and other claims. There are questions of fact regarding the company's claims for unfair competition, breach of contract and trade secret misappropriation, among others.
Court: USDC Northern District of Texas , Judge: Starr, Filed On: February 6, 2024, Case #: 3:21cv2180, NOS: Trademark - Property Rights, Categories: Employment, Trade Secrets, Contract
J. Clement finds the district court improperly dismissed the Texas inmate's pro se complaint for failure to timely effect service. The complaint was filed against five Texas prison officers, alleging they had allowed the inmate to bleed out for 45 minutes before rendering aid after he had been stabbed nine times by another inmate. The inmate also claims the officers retaliated with excessive force for his filing of a grievance. The court improperly refused to allow defendant leave to proceed in forma pauperis, which prejudiced his chances of effecting service. Reversed.
Court: 5th Circuit, Judge: Clement , Filed On: February 6, 2024, Case #: 22-40731, Categories: Due Process, Police Misconduct, Prisoners' Rights
J. Stuart- Smith finds a lower court properly ordered the destruction of an aggressive pit bull terrier named "Lightning." The dog owner argued that the court applied a higher standard on the animal based on its breed. However, the Chief Constable of Police presented sufficient evidence in court that the dog was dangerous and unmuzzled, and escaped its owner and bit a civilian in the neck and leg, forcing him to pepper spray the animal. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Stuart- Smith, Filed On: February 6, 2024, Case #: CA-2023-1090, Categories: Evidence, Negligence
J. Doherty finds that the lower court improperly dismissed the hospital's petition for administrative review of the board's decision to issue a permit for a another hospital to build a 28-bed facility in Quincy, Illinois. The moving parties never established the date on which service of the decision occurred because the plaintiff hospital was not entitled to be served with that decision. Therefore, further discovery is needed to determine when the 35-day period to sue began. Reversed.
Court: Illinois Appellate Court, Judge: Doherty, Filed On: February 6, 2024, Case #: 230282, Categories: Administrative Law, Civil Procedure
Per curiam, the circuit upholds the district court's denial of former President Trump’s motion to dismiss the government’s criminal indictment against him related to the January 6th breach of the Capitol Building. “For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.” Affirmed.
Court: DC Circuit, Judge: Per curiam, Filed On: February 6, 2024, Case #: 23-3228, Categories: Obstruction, Conspiracy
J. Pirtle finds the county court improperly found the newly discovered, deceased adult child to be a devisee of the father's will. The deceased child's estate objected to the known adult children's assertion that they were the sole devisees, and the county court found the deceased child to be a devisee. The will unambiguously distributes property in equal proportions to the father's surviving named children, born to or adopted by him after the will's execution. This does not include the newly-discovered adult child. Reversed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: February 6, 2024, Case #: A-23-197, Categories: Family Law, Wills / Probate, Contract