132 results for 'filedAt:"2024-04-11"'.
J. Madsen finds that the lower court properly confirmed an arbitration order in an underlying dispute over loan payments. The lower court properly found that a motion to confirm an arbitration order does not render the entire underlying case moot. The lower court also correctly found that attaching an arbitration award does not act as a "judicial
endorsement" of the award, but instead simply identifies the reasoning for confirming it. Affirmed.
Court: Washington Supreme Court, Judge: Madsen, Filed On: April 11, 2024, Case #: 101872-0, Categories: Arbitration, Contract
J. Savoie finds that the lower court properly dismissed the driver's complaint alleging that the insurance company must cover the driver's and passenger's claims for injuries sustained in an accident with the insurance company's client. The driver argues that the insurance company's client should have had a warning sign attached to its truck, which would have helped the driver avoid the collision, but there is no authority under Louisiana law that requires the client to add an additional warning sign. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: April 11, 2024, Case #: CA-23-358, Categories: Insurance, Vehicle
J. Rochon affirms a magistrate judge's order to transfer venue of this breach of contract suit to New Jersey. The plaintiff supermarket alleges the defendant supermarket used its influence as a member of a grocery co-op to induce the co-op to breach its agreement to supply the plaintiff supermarket with private-label groceries. The supply agreement contains a New Jersey choice-of-forum clause, and a non-signatory may enforce that agreement given that the co-op is an integral party to resolution of this dispute.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: April 11, 2024, Case #: 1:22cv7996, NOS: Other Contract - Contract, Categories: Interference With Contract, Venue, Contract
J. McGlynn rules a former Walmart employee may pursue race discrimination against the superstore. The employee sufficiently alleged that she was terminated because she is Black, due to her supervisor's racist views, and not for disciplinary issues.
Court: USDC Southern District of Illinois, Judge: McGlynn, Filed On: April 11, 2024, Case #: 3:23cv1926, NOS: Fair Labor Standards Act - Labor, Categories: Civil Rights, Employment, Employment Discrimination
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J. Desmond affirms the defendant’s convictions for assault and battery on a family or household member, assault by means of a dangerous weapon and assault and battery by means of a dangerous weapon. It was not an error for the prior judge to determine that the victim’s grand jury testimony was not coerced. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Desmond, Filed On: April 11, 2024, Case #: 22-P-795, Categories: Sex Offender, Assault, Battery
J. Horton finds that the lower court improperly granted a petition for post-conviction relief based on defendant's allegation of ineffective assistance of counsel. The post-conviction court vacated the petitioner's manslaughter conviction and ordered a new trial, concluding that his attorneys failed to present an adequate self-defense argument. However, the trial court found that his belief that "his use of deadly force was necessary" was objectively unreasonable, which is a finding that "would have negated a self-defense argument" as a matter of law. Accordingly, the matter is remanded to the post-conviction court for the petition to be denied. Vacated.
Court: Maine Supreme Court, Judge: Horton, Filed On: April 11, 2024, Case #: 2024ME25, Categories: Ineffective Assistance, Self Defense, Manslaughter
Per curiam, the appellate division finds that the lower court properly granted the landlord $220,000 in a breach of lease dispute against a tenant. The tenant stopped paying rent in July 2020 and did not avail itself of the landlord's offer to relieve the tenant of its obligations under the lease if it surrendered the premises by October 15, 2020. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 11, 2024, Case #: 01976, Categories: Landlord Tenant
J. Cogburn grants a pool products manufacturer’s motion for a temporary restraining order against a competitor in this ongoing trademark infringement case. A jury found in favor of the manufacturer, awarding it over $4.9 million for the competitor’s violations. Because of the manufacturer’s success at trial and likelihood it would be irreparably harmed financially without a restraining order, the competitor’s assets are frozen to prevent it from evading paying the manufacturer’s damages.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 11, 2024, Case #: 3:20cv710, NOS: Trademark - Property Rights, Categories: Corporations, Trademark, Restraining Order
J. DeHoog finds Court of Appeals erred by concluding that selling stolen items on eBay constitutes a computer crime. “A person does not violate [the law] merely by permissibly using an online platform such as eBay in the course of committing a theft, whether theft by receiving or some other form of theft.” Reversed.
Court: Oregon Supreme Court, Judge: DeHoog, Filed On: April 11, 2024, Case #: S069578, Categories: Theft
J. Godbey finds that a property owner that submitted an insurance claim for damages after discovering that an easement for a gas line on a recently purchased property may continue litigation on the claim that the insurance company breached a contract by not fully compensating plaintiff for damages related to the adverse interest in the property. The insurance company failed to adequately show that it met all contract obligations to the property owner. Summary judgment is granted to the insurance company on three other claims by the property owner, but breach of contract survives.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: April 11, 2024, Case #: 3:21cv2837, NOS: Insurance - Contract, Categories: Insurance, Real Estate, Contract
J. Williams finds that the lower court properly terminated the mother's parental rights to three children. Contrary to the mother's argument on appeal, the evidence sufficiently supports the best interest findings. The record indicates a history of drug use by the mother and a failure to complete her family service plan. Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: April 11, 2024, Case #: 11-23-00248-CV, Categories: Evidence, Family Law
J. Golemon finds the trial court improperly granted a permanent injunction to the successor-in-interest to the grantor of pipeline easements. The grantor successor filed suit against the grantee successor after a dispute developed regarding the use of the grantor's roads and bridges. The grantor failed to prove the grantee engaged in a wrongful act causing the grantor irreparable injury. The trial court improperly permanently enjoined the grantee from exercising its rights under the easements. Awards of fees are based on the erroneous conclusion. Reversed in part.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: April 11, 2024, Case #: 09-22-00117-CV, Categories: Energy, Property
J. Wood finds the circuit court improperly found for an unsuccessful applicant for a medical marijuana cultivation license. The applicant sought to have a licensee stripped of his license, arguing his application did not comply with merit selection criteria. The challenged licensee was not named as a defendant or joined as a party in the suit. The circuit court erroneously denied his motion to enter the case, as he is an indispensable party. Reversed in part.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: April 11, 2024, Case #: CV-22-739, Categories: Agriculture, Licensing, Due Process
J. Webb finds the circuit court properly denied defendant's pro se writ of habeas corpus, in which he argues his life sentence, imposed when he was convicted of capital murder at 19 years old, is cruel and unusual punishment. Though he says certain case law should be applied in an individualized manner, arguing there is no neurotypical distinction between a juvenile teenager and nonjuvenile teenager, the sentence is not illegal on its face. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: April 11, 2024, Case #: CV-23-552, Categories: Constitution, Juvenile Law, Murder
J. Stewart finds the district court properly declined to enjoin San Antonio's park development tree removal plans. Members of the Lipan-Apache Native American Church say the city's plan prevented them from performing essential religious ceremonies. Though the court ordered the city to provide access to the area, the city had appointed qualified arborists to evaluate which trees needed to be removed because of construction restrictions and ensured bird deterrence measures are not aimed at preventing the presence of birds. The church members have not demonstrated they are likely to prevail on their claim the district court's only partial grant of their motion for a preliminary injunction was improper. Affirmed.
Court: 5th Circuit, Judge: Stewart, Filed On: April 11, 2024, Case #: 23-50746, Categories: Constitution, Municipal Law, Native Americans
J. Musseman finds the trial court properly convicted defendant for lewd or indecent proposals to a child under 16 based on sufficient evidence. The jury's 5-year sentence was within the statutory range and the sentencing judge imposed the assessed sentence. Defendant raised no objection during sentencing. Though defendant made only proposals to the child, he is equally legally culpable as one having committed the act of sexual molestation. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Musseman, Filed On: April 11, 2024, Case #: F-2022-787, Categories: Sentencing, Sex Offender, Child Victims
J. Fischer finds the district court properly entered the divorce decree. The couple was married in California and after the separation the wife moved to Oklahoma. The divorce proceeded between the states slowly and contentiously. Though the ex-wife has not preserved any of the many issues she puts forth, the court's review for fundamental error finds none. The ex-wife's claim she did not receive proper notice is not supported by the record. Affirmed
Court: Oklahoma Courts Of Appeal, Judge: Fischer , Filed On: April 11, 2024, Case #: 117025, Categories: Family Law, Property, Contract
J. Stephens finds that the lower court properly found that the Benton County Water Conservancy Board does not have the standing to challenge a policy from the state Department of Ecology that governs the division of water rights. The board has not been able to show that it suffered any injury after the department refused to accept proposed division forms under the policy, and its interests would not be redressed if the challenged policy were tossed. The board lacks all standing to challenge it as a result. Affirmed.
Court: Washington Supreme Court, Judge: Stephens, Filed On: April 11, 2024, Case #: 101838-0, Categories: Environment, Water
J. Garry finds that the lower court properly dismissed medical malpractice claims brought after thyroid removal surgery paralyzed a patient's left vocal cord. The surgeon failed to discuss partial removal, which he considered inadvisable, as an alternative, but he provided sufficient information for a "reasonably prudent person" to possess advised consent. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: April 11, 2024, Case #: 535660, Categories: Medical Malpractice
J. Lynch finds that the state board for professional medical conduct properly revoked the license of a physician serving as director of a private radiation oncology practice because expert testimony indicated the physician negligently and incompetently treated seven patients over the course of four years by recommending radiation over the superior option of palliative care, or by subjecting them to excessively high and frequent doses of radiation. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: April 11, 2024, Case #: 535191, Categories: Licensing
J. Lynch finds that the lower court properly denied a mother's request to end guardianship of her disabled son to allow him to move from a group home to her residence because the mother made the request just days after a guardian had been named and thus failed to provide a sufficient legal or factual basis on which to terminate the order, since the son remained unable to provide for his own personal needs. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: April 11, 2024, Case #: 536174, Categories: Guardianship
J. Spain finds that the trial court properly confirmed an arbitration award in favor of the former attorneys of a community association that was involved in condemnation proceedings for a property. The arbitrator did not exceed her authority to award the attorneys fees on their quantum meruit claim. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: April 11, 2024, Case #: 14-21-00630-CV, Categories: Arbitration, Property, Attorney Fees
J. Montgomery finds the lower court properly dismissed a defendant’s petition for a writ of habeas corpus. Defendant was convicted of first-degree murder during the perpetration of a robbery and facilitation of especially aggravated robbery, and received an effective life sentence. The habeas corpus court dismissed the matter because defendant’s petition failed to state a claim upon which relief could be granted. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: April 11, 2024, Case #: W2023-01330-CCA-R3-HC, Categories: Habeas, Murder, Robbery
J. Clement finds the lower court improperly vacated a decision by the Board of Fire and Building Code Appeals of the Metropolitan Government of Nashville and Davidson County (the Board), regarding a landowner’s proposal to build an auto repair shop on undeveloped land. The land did not have a water source that would satisfy fire code requirements, so the landowner sought a variance and submitted a proposal to construct a 20,000 gallon tank on the property along with a dry fire suppression system inside the building, but the Board rejected it over concerns for the safety of people and firefighters. The lower court found the Board failed to distinguish the request for a variance from an appeal, vacated the Board’s finding and remanded the matter for further consideration. The instant court disagrees with the lower court’s findings and remands the matter to have the Board’s ruling reinstated. Reversed.
Court: Tennessee Court of Appeals, Judge: Clement, Filed On: April 11, 2024, Case #: M2023-00113-COA-R3-CV, Categories: Construction, Municipal Law, Zoning
J. Jewell finds that the trial court properly ruled in favor of the attorney and law firm on claims relating to alleged conflicts of interest during their representation for a failed transaction to merge real estate businesses. The allegations involving conflicts of interest involve negligence only and not fiduciary duty, and there was insufficient evidence to establish causation as to the professional negligence claim. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: April 11, 2024, Case #: 14-22-00781-CV, Categories: Fiduciary Duty, Legal Malpractice, Contract
J. Smith finds that the trial court properly denied the city's plea to the jurisdiction in a suit over its alleged mishandling of donations received after the death of a police corporal and other officers who were killed by a sniper during a demonstration in 2016. The city did not show that its actions in contracting with a charitable organization to process the mail and donations were "in the interest of the general public" or constituted a governmental function. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 11, 2024, Case #: 10-23-00315-CV, Categories: Immunity, Conversion, Jurisdiction