133 results for 'filedAt:"2024-03-08"'.
J. Waples finds that the trial court properly granted the transportation agency summary judgment on property owners' takings claim. The owners are barred from contesting the necessity and public purpose of the condemnations since the statutory requirement of "acceptance and use" was met when they deposited checks the agency paid for their parcels into their bank accounts. The agency's subsequent revaluation of the parcels and issuance of supplemental checks would not reopen their claims since statute only requires the acceptance and use of "a payment," even if incomplete. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: March 8, 2024, Case #: 23-AP-059, Categories: Civil Rights, Property
[Modified.] J. Stratton adds one sentence calling for appellant to pay costs on appeal with no change in judgment. Substantial evidence supported a university's decision to use a combined investigator-adjudicator procedure in proceedings that resulted in a student's expulsion for intimate partner violence. Neither the original proceedings nor the appellate process violated the student's due process rights. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: March 8, 2024, Case #: B290675, Categories: Civil Rights, Education, Due Process
J. Gooding holds that the trial court was within its discretion to award a company only part of its requested attorney fees. The company prevailed on a trade secrets claim and was granted injunctive relief against a former employee, but lost on other counts. The trial court must recalculate its fee award by determining the actual fees the company incurred to obtain injunctive relief. The company is also entitled to expert fees it paid to stop or mitigate damage from the misappropriation of trade secrets. Reversed in part.
Court: California Courts Of Appeal, Judge: Gooding, Filed On: March 8, 2024, Case #: G062056, Categories: Trade Secrets, Damages, Attorney Fees
J. Huffman holds that the trial court abused its discretion by granting a judgment debtor's motion to tax costs after finding that a judgment creditor had not yet prevailed on its fraudulent transfer claim. Statute does not have a prevailing party requirement where a judgment creditor incurs reasonable and necessary interim costs to enforce a judgment. Reversed.
Court: California Courts Of Appeal, Judge: Huffman, Filed On: March 8, 2024, Case #: D081492, Categories: Enforcement Of Judgments, Attorney Fees, Contract
J. Campbell mostly denies the Southern Baptist Convention's motion to dismiss in this defamation lawsuit stemming from a "highly publicized report" that allegedly featured the former president of the Southern Baptist Convention in a misleading way. The Southern Baptist Convention fails to show that the former president was a limited-purpose public figure, as nothing in the complaint suggests that he voluntarily injected himself into a sexual abuse controversy or the events surrounding the report. However, his defamation per se is dismissed as duplicative of his defamation claim.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 8, 2024, Case #: 3:23cv243, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation, Emotional Distress
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J. Gratton finds that the trial court properly denied defendant's motion to suppress drug evidence as untimely. Neither a change in law regarding drug dog alerts nor a change in counsel constituted excusable neglect that would allow a late motion. Her speedy trial claim failed because most of the delay was caused by the emergency suspension of jury trials due to the Covid-19 pandemic. Affirmed.
Court: Idaho Court Of Appeals, Judge: Gratton, Filed On: March 8, 2024, Case #: 50179, Categories: Drug Offender, Search, Speedy Trial
J. Heavican finds the tax review commission improperly upheld the board's decision to decline to lower the assessed value of real property owned by the insurance company. A fire caused by arson was found not to be a "calamity," as defined by Nebraska statute, and the value was left at the property's assigned assessment of $793,000. The statute excepts any “property suffering significant... damage... caused by the owner.” If a “calamity” did not include all disastrous events, natural or unnatural, it would be unnecessary to except damage caused by an owner. Reversed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: March 8, 2024, Case #: S-23-289, Categories: Insurance, Property, Tax
Per curiam, the circuit finds the district court improperly ruled in favor of the realty investment entities. The individual investor prevailed in a breach of contract suit filed by the entities and was awarded more than $50 million in damages. He filed this suit alleging the entities transferred assets to avoid paying the judgment and the court ruled in favor of the entities. The entities' counsel used nearly every category of improper closing argument, including personal attacks and insults, as well as evoking local bias. The improper and prejudicial statements demonstrate the need for a new trial. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 8, 2024, Case #: 21-10805, Categories: Enforcement Of Judgments, Contract, Attorney Discipline
J. Suarez finds the lower court properly granted the law firm's motion for summary judgment on legal malpractice claims brought by the former client. Her failure to obtain an expert witness to save money was deliberate conduct that violated the rules of discovery, while her claims of trauma from being forced to relive memories of her marriage did not amount to excusable neglect. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: March 8, 2024, Case #: AC45952, Categories: Civil Procedure, Experts, Legal Malpractice
J. Moll finds the customers' appeal of the lower court's grant of the construction company's motion to compel arbitration was mooted when they commenced arbitration proceedings because this court can no longer grant meaningful relief; therefore, the appeal is dismissed.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: March 8, 2024, Case #: AC46298, Categories: Arbitration, Civil Procedure
J. Cole denies the union's motion for a preliminary injunction, ruling that even if its claims regarding the potential for the two trustees to vote in their own favor and block the union's preferred actions are true, all of the proposed harms could be satisfied with monetary damages and do not require an injunction. Meanwhile, the trustees' motion to dismiss fiduciary duty claims will be granted because the conduct at issue - amending the trust agreement - does not involve action undertaken as a fiduciary.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: March 8, 2024, Case #: 1:23cv502, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Fiduciary Duty, Labor / Unions
J. Richman denies the petition for rehearing on the health care professionals' various convictions regarding a multi-million dollar surgery-referral kickback conspiracy. The out-of-network hospital paid surgeons to refer patients, incentivizing the patients by waiving financial responsibility beyond what the surgery would cost in-network. Though the hospital owners say proceeds received from private insurers do not fall within the forfeiture statute because the insurers were not part of the conspiracy, receiving kickbacks for the privately insured patients was still part of the conspiracy. Affirmed.
Court: 5th Circuit, Judge: Richman , Filed On: March 8, 2024, Case #: 21-10292, Categories: Fraud, Conspiracy
J. Duhart finds the trial court did not violate defendant's due process rights when it refused to consider his claim of self-defense. The evidence in the record overwhelmingly proved he was the instigator of the altercation with the landscaping worker and any self-defense claim would have been meritless, considering defendant ran over the victim with his car and escalated the situation by leaving his vehicle and throwing the first punches. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: March 8, 2024, Case #: 2024-Ohio-858, Categories: Evidence, Assault, Self Defense
J. Mayle finds the trial court properly included a flight jury instruction during defendant's trial on a rape charge. He left the apartment immediately after the assault and failed to respond to any of the letters sent to him by police, which indicated they were looking for him in connection with their investigation. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: March 8, 2024, Case #: 2024-Ohio-860, Categories: Sex Offender, Jury Instructions
J. Nathan finds that the district court improperly dismissed extraterritorial class claims brought against international crypto exchange Binance for the sale of allegedly unregistered securities called "tokens." The transactions were domestic since the buyers made irrevocable purchases from their home states on servers operated by the exchange in the U.S., and the claims were not untimely because they did not accrue until after the purchases were made. Reversed.
Court: 2nd Circuit, Judge: Nathan, Filed On: March 8, 2024, Case #: 22-972, Categories: Civil Procedure, Securities, Class Action
[Consolidated] J. Stadtmueller orders that the citizen has until March 29, 2024, to either file amended complaints for each of his five pro se lawsuits alleging breaches of fiduciary duty and contract by the financial firms and telecommunications companies or file a singled consolidated complaint combining and more clearly explaining his claims. If he does not amend his pleadings before that deadline, his lawsuits may be dismissed without prejudice.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: March 8, 2024, Case #: 2:24cv201, NOS: Other Contract - Contract, Categories: Fiduciary Duty, Contract
J. Smith finds the trial court properly determined defendant was competent to enter a guilty plea despite not making its determination a part of the record. Defendant's attorney stipulated to the findings of the evaluator, while defendant was also questioned extensively by the court before she entered her guilty plea. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: March 8, 2024, Case #: 2024-Ohio-924, Categories: Competence, Plea, Child Victims
J. Smith finds the trial court properly denied defendant's motion for leave to file an untimely petition for postconviction relief from his drug convictions. His discovery the police officer who initiated the traffic stop never issued him citations was not exculpatory evidence that would have altered the outcome of his case or required suppression of evidence obtained from a search of his vehicle. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: March 8, 2024, Case #: 2024-Ohio-925, Categories: Drug Offender, Search
J. Wozniak orders proceedings to determine if a county is entitled to trial court attorney fees despite an earlier denial of appellate attorney fees. The county prevailed in a dispute with a property developer over density requirements, and is entitled to trial court fees if it can prove the property owner failed to accept its bona fide settlement offer. Reversed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: March 8, 2024, Case #: 6D23-879, Categories: Property, Zoning, Attorney Fees
J. Wood partially refuses to find in favor of the city and two police officers in a civil rights and negligence action brought by the father after his son's death. The son crashed into a tree during a high-speed chase that occurred after he was stopped by police for a broken tail light. The city is not entitled to sovereign immunity from the father's claims. A reasonable jury could find based on body camera footage that one officer lied about the son having and pulling a gun out of his pocket during the traffic stop. A reasonable jury could also find that the other officer knowingly adopted and perpetuated the first officer's alleged lies and that the officers engaged in the high-speed chase with an intent to physically harm the son. However, the city's motion for summary judgment on the punitive damages claim is granted.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: March 8, 2024, Case #: 2:22cv30, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Mollway declines to extend the discovery deadline so the family of a woman who died on a diving excursion may conduct discovery and take preservation depositions of an expert who may be unable to make a physical appearance at trial. The magistrate judge properly denied the request to allow the deposition, as the family did not present a reason for not meeting the deadline.
Court: USDC Hawaii, Judge: Mollway, Filed On: March 8, 2024, Case #: 1:21cv475, NOS: Marine - Torts - Personal Injury, Categories: Admiralty, Wrongful Death, Discovery
J. McDonald finds that defendant was properly required to register as a sex offender. His crime was sexually motivated since he posted a video of a sexual encounter with his ex-girlfriend without her consent in order to "get back at her" following a difficult break-up. Affirmed in part.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: March 8, 2024, Case #: 22-0903, Categories: Sex Offender
J. Laing finds a lower court improperly dismissed a local borough council's anti-social behavior claims against a civilian. The civilian, who sleeps outside, argued that he has a right to earn money as a "persistent beggar." However, the local borough sufficiently showed in court that he is a detriment to the community for leaving needles on the sidewalk, defecating in front of a grocery store, and chucking food onto the sidewalk. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Laing, Filed On: March 8, 2024, Case #: CA-2023-1038, Categories: Civil Rights, Injunction