135 results for 'filedAt:"2024-02-27"'.
Per curiam, the appellate division finds that the lower court properly dismissed the creditor's attempt to recover payments made by the borrower to a third party. The lender failed to show that the $33.1 million paid to the third party where made with the intent of frustrating its collection efforts when it had not received a judgment at the time of the transfers. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 27, 2024, Case #: 00991, Categories: Debt Collection
Per curiam, the appellate division finds that the lower court properly disqualified the nonparty attorneys as counsel for the incapacitated person because the court already appointed counsel for him. The record does not contain any notice of appearance or retainer agreement to show that the man ever hired the attorneys who claim to represent him. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 27, 2024, Case #: 00986, Categories: Guardianship
Per curiam, the appellate division finds that the lower court properly found for the law firm in this legal malpractice action. The client's claim expired under the applicable statute of limitations in April 2018, but did not file suit until September 2019. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 27, 2024, Case #: 00978, Categories: Legal Malpractice
J. Navarro grants the pet product manufacturer's motion to dismiss a competitor's declaratory judgment action asserting it did not infringe upon patents when the manufacturer submitted an Amazon Marketplace infringement claim. Amazon removed the accused products, though it has subsequently confirmed the products are again listed for sale. The covenant not to sue does not extend to any planned selling of new products but focuses only on the accused products. The complaint does not request a declaratory judgment as to anything other than the accused products, and there is no longer an actual controversy.
Court: USDC Nevada, Judge: Navarro , Filed On: February 27, 2024, Case #: 2:23cv483, NOS: Patent - Property Rights, Categories: Commerce, Patent
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. Christopher finds that the trial court properly ruled in favor of the employer of a drunk driver, its off-duty employee, who left his friend's house in a work vehicle and crashed into a pickup on Christmas Eve. There is no evidence the accident was "proximately caused" by the employer's negligent supervision or training. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: February 27, 2024, Case #: 14-23-00417-CV, Categories: Employment, Negligence
Vice Chancellor Glasscock grants a third settlement of shareholder derivative claims challenging Goldman Sachs' director compensation awards following remand from the Delaware Supreme Court, which sided with an objector shareholder over inclusion of a future release of claims under a second settlement attempt. Under the third settlement, the parties agreed to omit the future release of claims, which the Supreme Court found to be improper, and thus the motion is approved; however, another objection and a motion to intervene by the objecting shareholder should be overruled and denied.
Court: Delaware Chancery Court, Judge: Glasscock, Filed On: February 27, 2024, Case #: 2017-0354-SG, Categories: Settlements
J. Moore finds that defendant failed to preserve his claim that the trial court improperly allowed a prior domestic violence conviction to be introduced as propensity evidence at trial. Nonetheless, the admission was not an abuse of discretion, and even if it was error, it was not prejudicial. Affirmed.
Court: California Courts Of Appeal, Judge: Moore, Filed On: February 27, 2024, Case #: G063090, Categories: Evidence, Domestic Violence
J. Wilkin finds testimony from the co-defendant was sufficient to convict defendant of theft. It established all elements of the crime and proved that defendant's destruction of the remote control prevented the victim from retrieving his drone before he left the scene of the crime, while both the drone and remote were also later found burned in defendant's fire pit. Meanwhile, the trial court properly admitted a detective's testimony about the VIN number of the vehicle driven by defendant during the crime without providing any verification of the number because the evidence was cumulative and defendant's ownership of the vehicle was supported by other testimony. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: February 27, 2024, Case #: 2024-Ohio-805, Categories: Evidence, Theft, Assault
J. Contreras denies, in part, the Department of Veterans Affairs' motion for summary judgment on an association's Freedom of Information Act case seeking records related to the policies of the department's police force at VA facilities. Certain withheld information is segregable and must be disclosed.
Court: USDC District of Columbia, Judge: Contreras, Filed On: February 27, 2024, Case #: 1:21cv1298, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Public Record, Veterans, Military
Per curiam, the supreme court finds the attorney oversight agency's referee has properly called for Paul Strouse's Wisconsin law license to be revoked for professional misconduct, which includes knowingly taking and using another attorney's notary stamp and electronic signature on more than a dozen sworn affidavits and lying to a bankruptcy court about it, as well as a facilitating law work for another attorney whose license was suspended. Strouse is found in default for failing to respond to the agency's disciplinary complaint, and, in light of his three previous public reprimands and one previous suspension, the seriousness of Strouse's misconduct calls for the harshest sanction possible. Strouse's license is revoked, and he is ordered to pay the $2,456 cost of his disciplinary proceeding within 60 days.
Court: Wisconsin Supreme Court, Judge: Per curiam, Filed On: February 27, 2024, Case #: 2023AP001032-D, Categories: Attorney Discipline
J. Stevens finds that the lower court properly convicted defendant of a DUI. The evidence supports a finding that defendant drove his car while intoxicated because he was found unconscious in the driver's seat, parked in an intersection, with the car running and the key fob in his pocket. Affirmed.
Court: Missouri Court Of Appeals, Judge: Stevens, Filed On: February 27, 2024, Case #: ED111607, Categories: Dui
J. Clay finds the trial court applied an upward variance to defendant's sentence on a conviction for involuntary manslaughter because the seriousness of his conduct, including driving drunk while under the age of 21 and speeding at over 90 miles per hour on a dangerous road, was not already included in the base sentencing guidelines, while prior misdemeanor convictions also supported an above-guidelines sentence. Affirmed.
Court: 6th Circuit, Judge: Clay, Filed On: February 27, 2024, Case #: 23-5141, Categories: Sentencing, Vehicular Homicide
J. Whitney grants final approval of a settlement and awards attorney fees in this class action against a loan company after hackers breached over 200,000 customers’ data in 2022. The company must award over $308,000 in fees and expenses as well as $3,000 to each member of the class.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: February 27, 2024, Case #: 3:22cv307, NOS: Other Contract - Contract, Categories: Settlements, Privacy, Attorney Fees
J. Whitehead dismisses the pharmaceutical company's attempt to vacate, modify or correct the $310,000 arbitration award in the former employee's favor after the pharmaceutical company fired her without notice. This court does not have jurisdiction over the former employee because she is a Minnesota citizen who had Minneapolis listed as her primary location and who did not have “continuous and systematic” contacts with Washington during her employment.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: February 27, 2024, Case #: 2:23cv700, NOS: Other Contract - Contract, Categories: Arbitration, Jurisdiction, Contract