269 results for 'filedAt:"2024-03-28"'.
J. Brown finds that the lower court improperly dismissed defendant's motion to suppress. The state had notice that defendant was challenging the traffic stop and his arrest. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: March 28, 2024, Case #: A24A0013, Categories: Evidence
J. Stratton finds the lower court improperly granted a special motion to strike and found in favor of a law firm in this matter of alleged breach of contract and fraud. A film company had an agreement with a capital group to help find funding for film projects, and to receive a portion of the funding. The capital group dissolved, and the principal formed another company that received funding through one of the companies that the film company found for him when he was with the previous group; an action that allegedly breached the parties original agreement. The lower court granted an anti-SLAPP motion based on the fact that the film company rooted its claims on a letter from the law firm that the lower court determined was a protected communication, but the instant court found that the letter was in response to an email sent from the film company asking for assistance in collecting a fee, not tied to any litigation, and is therefore not a protected communication. The matter is remanded with an order denying the motion. Vacated.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: March 28, 2024, Case #: B323356, Categories: Business Practices, Contract
J. Chutich suspends attorney Ronald Frauenshuh Jr. from the practice of law for a minimum of 30 days as reciprocal discipline following discipline in South Dakota for failing to comply with court orders, leading to a mistrial, and continuing to engage in such misconduct during a re-trial.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: March 28, 2024, Case #: A23-1586, Categories: Attorney Discipline
J. Moon denies the fire safety company's motion to dismiss contract claims. After a fire started in a kitchen covered by the insurance company, the fire safety company's fire impression system did not discharge, the alarm sensor did not alert the local fire department, and the sprinklers took 45 minutes to start working. The insurance company has pled enough facts that was owed an obligation to have functioning equipment.
Court: USDC Western District of Virginia, Judge: Moon, Filed On: March 28, 2024, Case #: 6:23cv33, Categories: Insurance, Negligence, Contract
J. Gray finds that the trial court properly terminated the father's parental rights to his children based on sufficient evidence to support the endangerment and best interest findings. The father admitted to using illegal drugs, was aware the mother had used drugs during her pregnancy, and did not regularly visit the children after their removal. Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: March 28, 2024, Case #: 10-23-00294-CV, Categories: Evidence, Family Law
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. Brown finds that the lower court improperly dismissed defendant's convictions on multiple counts of aggravated assault and other charges. The state was not required to allege the Covid-19 tolling provisions in each count of the indictment. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: March 28, 2024, Case #: A24A0134, Categories: Criminal Procedure
J. Jackson finds the lower court properly convicted defendant of 13 crimes including the premeditated attempted murder of law enforcement when he went on a three-day crime spree that ended in him crashing a stolen vehicle into a busy intersection during rush hour and engaging in a shootout with law enforcement, injuring two police officers. Evidence is sufficient to support his convictions and sentence to a determinate term of 35 years 8 months and a total indeterminate term of 30 years to life. Affirmed.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: March 28, 2024, Case #: A166011, Categories: Evidence, Firearms, Murder
J. Pepper partially grants the employee's motion for partial summary judgment in her class action claiming the memory care facility violated the Fair Labor Standards Act and Wisconsin wage law by failing to pay employees for time spent undergoing Covid-19 screenings and making unlawful pay deductions for meal breaks. The employee's motion is granted with relation to the Covid-19 screenings, and it is found as a matter of law that the time spent doing the screenings was "indispensable and integral" to the work of the employee and others in her position. The employee's motion for reconsideration regarding the opt-in time period in the notice of suit sent to class members is granted, and her motion to reopen discovery is partially granted so more discovery can take place regarding class members.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: March 28, 2024, Case #: 2:21cv358, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Labor
J. Hawley rules a corrections center mental health worker may pursue sexual harassment claims against a county. The mental health worker, who is a Black female, sufficiently showed in court that corrections center employees sexually harassed her by commenting on her protruding nipples, claiming that they were a problem.
Court: USDC Central District of Illinois, Judge: Hawley, Filed On: March 28, 2024, Case #: 1:21cv1075, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Employment
J. Dever grants a female student’s motion to transfer litigation from North Carolina to Louisiana in a suit she brought against a male student for sexual assault. Both students attended Tulane University in Louisiana at the time of the alleged assault, although the male student now resides in North Carolina. After the female student initiated litigation against the male student, he counter-sued for defamation and also sued Tulane for breach of contract as he was dismissed from the university one month before graduation. Weighing all factors in the case, the litigation involving the female student will be transferred to Louisiana where the suit against Tulane is already taking place.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: March 28, 2024, Case #: 5:22cv500, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Education, Defamation, Assault
J. Winmill grants in part investors' motion for summary judgment and default judgment regarding an "alleged Ponzi scheme masquerading as a
cryptocurrency investment fund." The investors have provided sufficient evidence of false representations and that the fund manager misappropriated investor funds for personal use, including "purchasing groceries, sporting goods, clothing, gold, silver coins, meals, home improvements and [a] wedding" in violation of federal and state law. The investors "must submit a summary of the total damages they seek, the basis for these damages, and the amount of damages for which they are entitled to prejudgment interest, and the legal basis for those damages."
Court: USDC Idaho, Judge: Winmill, Filed On: March 28, 2024, Case #: 2:20cv352, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities
J. Dale grants an employee's motion for attorney fees regarding allegations that his employer breached his head coach agreement by firing him as the head wrestling coach without cause. A jury found in favor of the employee. As the prevailing party, the employee is awarded $911,643 in attorney fees.
Court: USDC Idaho, Judge: Dale, Filed On: March 28, 2024, Case #: 1:20cv380, NOS: Other Contract - Contract, Categories: Employment, Attorney Fees, Contract
Per curiam, the appellate division finds that the lower court properly granted the company's motion to dismiss an attorney's claims that its counterclaim in an underlying action amounted to defamation. The challenged document requests were pertinent to the company's counterclaims, and the alleged defamatory statements were not so outrageous as to lead one to assume it was motivated only by the intent to defame. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 28, 2024, Case #: 01759, Categories: Defamation
J. Bell denies a class of family members of those buried at one of the largest cemeteries for Black Americans its motion for certification in this suit alleging shocking treatment of human remains and desecration of graves, among others. The class, consisting of 10 people, has failed to specifically identify any other members of the thousands they believe to have been harmed by the owners of the cemetery. Thus, the suit is no longer a federal matter and is remanded to the superior court of the relevant county.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 28, 2024, Case #: 3:23cv217, NOS: Other Contract - Contract, Categories: Fiduciary Duty, Class Action, Contract
J. Whitney partially grants default judgment to an insurance company after its insured breached a general indemnity agreement. The insured, a contractor, failed to pay on a surety bond provided by the company of over $6.9 million. The company is entitled to this amount but cannot access the disbursement until after an underlying bankruptcy case against the insured is resolved.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 28, 2024, Case #: 3:22cv50, NOS: Other Contract - Contract, Categories: Bankruptcy, Insurance, Contract
J. Scudder finds that the lower court properly convicted defendant of providing material support to a terrorist organization by creating a computer program that allowed ISIS to rapidly duplicate terrorist propaganda videos online. Defendant did not simply engage in independent advocacy for a terrorist organization, but closely coordinated his activity with the terrorist organization by providing them with a software tool to disseminate media to a wide audience and circumvent censors. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: March 28, 2024, Case #: 22-3140, Categories: Constitution, Terrorism
J. Menendez grants summary judgment to the defendant ladder maker in its competitor's suit alleging patent infringement. No reasonable jury could conclude that the defendant's ladders infringe a limitation in the plaintiff's patent requiring that "a substantial amount of the first bracket is disposed within a cavity defined by the first component" of the ladder. The defendant ladder maker's motion to exclude expert testimony is also granted in part, since the expert failed to apply the court's claim construction in his opinions regarding the cavity limitation.
Court: USDC Minnesota, Judge: Menendez, Filed On: March 28, 2024, Case #: 0:20cv2497, NOS: Patent - Property Rights, Categories: Patent, Experts
J. Lynch finds that the lower court properly sentenced defendant based on his guilty plea to possessing and selling drugs and conspiracy. Defendant contends the sentence was harsh, but exposure at trial would have been much greater. However, $16,000 in fines imposed on drug possession counts should be reduced to $12,000 because two counts arose from a single act. Affirmed in part.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: March 28, 2024, Case #: 109796, Categories: Drug Offender, Sentencing