121 results for 'filedAt:"2024-04-12"'.
J. Freudenberg finds the trial court properly convicted defendant for murder, as well as weapons charges, based on sufficient evidence. Officers discovered the victim after responding to a report of a bleeding body in the stairwell of an apartment building. Defendant was arrested, hiding in his girlfriend's mother's attic crawlspace, after the investigation turned up surveillance video showing he and his girlfriend and dog in the area at the time multiple witnesses heard sounds of a struggle, a dog barking, a woman's scream and a body falling down the stairs. Furthermore, counsel's objections to out-of-court statements were properly overruled and sustained. Affirmed.
Court: Nebraska Supreme Court, Judge: Freudenberg , Filed On: April 12, 2024, Case #: S-23-130, Categories: Evidence, Murder, Weapons
J. Kelly finds that the trial court properly ruled to terminate a father's parental rights to his child. The father's use of methamphetamine endangered his child's physical, mental and emotional well-being by opening the father up to possible incarceration; thus, the termination of his rights was justified to protect the child. Affirmed
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: April 12, 2024, Case #: 03-23-00658-CV, Categories: Family Law
J. Busby finds that the court of appeals improperly ruled against San Jacinto River Authority, dismissing its claims against municipalities for failing to pay dues under water contracts. The court of appeals dismissed the river authority's claims against the municipalities, finding they had governmental immunity. While the municipalities cannot be forced to mediate the case as asserted by the river authority, the water contracts do waive their governmental immunity. Reversed.
Court: Texas Supreme Court, Judge: Busby, Filed On: April 12, 2024, Case #: 22-0649, Categories: Government, Water, Immunity
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. Kennelly grants a baby formula manufacturer’s motion to dismiss an unjust enrichment class action brought by a nationwide class of consumers. The consumers paid more for baby formula after the manufacturer instituted a mass voluntary recall of tainted formula and shut down the facility where the formula was produced. Despite this, the court finds the class has failed to state a claim, opining there is no law under which the manufacturer “was obligated to maintain particular levels of formula production and supply or otherwise ensure stable formula prices.”
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 12, 2024, Case #: 1:22cv4148, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Product Liability, Business Practices, Class Action
J. Schroeder grants an agricultural insurance company’s motion to dismiss allegations of breach of contract, deceptive trade practices and bad faith brought by a policy holder. Specifically, the policy holder claims the company wrongfully refused to pay under its crop insurance policy. However, because the policy holder did not respond to the company’s motion, and the time to do so has passed, the motion is granted and the case dismissed.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: April 12, 2024, Case #: 1:24cv116, NOS: Insurance - Contract, Categories: Agriculture, Insurance, Contract
J. O'Connell denies the contractor's motion for judgment on the pleadings. Contracted to furnish and deliver food in Afghanistan, the contractor was paid with some flexibility in its unit pricing. The contractor later disclosed a former employee had engaged in bid rigging, which resulted in higher prices. Though the contractor says the government's bringing of another supplier into the contract results in its having no right to recover funds, this did not give the contractor a right to charge more because of its corrupt employee. The contractor had a duty to comply with the law and the contract.
Court: Armed Services Board Of Contract Appeals, Judge: O'Connell , Filed On: April 12, 2024, Case #: 60309, Categories: Fraud, Government, Contract
J. Horan finds that suing energy services firm is not entitled to spoilation of evidence sanctions against the sued energy services company, whose employees destroyed information on their personal cellular phones after the suing firm requested this information for its relevance to the underlying case. The information involved text messages between the two businesses’ employees, and the parties should be able to retrieve the information from its own employees so there is no evidence that the information is no longer accessible.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: April 12, 2024, Case #: 3:22cv1981, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Evidence, Sanctions
J. Pickering finds the trial court properly convicted defendant for murder. Defendant admitted to firing his gun at the victim, whom he had followed in his vehicle after observing the victim's aggressive driving. Though defendant says he fired without looking and in self-defense, testimony from a witness, as well as testimony from defendant's friend and daughter regarding his angry and confrontational character, support the conviction. The court properly admitted evidence from other shootings during the penalty phase of trial. Furthermore, defendant fails to show mitigating circumstances. Affirmed.
Court: Nevada Supreme Court, Judge: Pickering , Filed On: April 12, 2024, Case #: 83531, Categories: Firearms, Murder, Self Defense
J. Soto finds a lower court did not err in convicting defendant for murder. Defendant argued the evidence was insufficient and that his sentence should be reformed to criminally negligent manslaughter, including because he claimed the shooting was an accident. But there was in fact sufficient evidence that defendant acted “knowingly,” including because he initially lied about the circumstances of the shooting and attempted to hide evidence and leave town, which is “indicative of a consciousness of guilt.” Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: April 12, 2024, Case #: 08-23-00176-CR, Categories: Evidence, Murder, Manslaughter
J. Soto finds a lower court did not err in convicting defendant of continuous sexual abuse of a child. Defendant raised a number of purported issues with his conviction, including disputing evidentiary rulings made by the court, and while the lower court did indeed err by allowing the victim’s mother and two detectives to testify as outcry witnesses based on discrepancies in their testimonies, the errors “did not have a substantial and injurious effect” given the overall evidence against defendant. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: April 12, 2024, Case #: 08-23-00162-CR, Categories: Evidence, Sex Offender, Child Victims
J. Foster denies the patent claimant's motion to compel and partially grants the patent defendant's motion to compel in a suit alleging infringement of a patent for a miniature cellular modem. The information the claimant seeks is no longer relevant to any of this case's active claims following a finding that its asserted patents are invalid. The defendant seeks documents related to legal advice on the patent, investor presentations and the patent claimant's attorney's billing records. The request for billing records is granted, and the claimant shall also direct its attorney to produce documents to the extent that they may relate to inequitable conduct, prior art or possible prior art, or any decisions to omit or disclose that art to the patent office.
Court: USDC Minnesota, Judge: Foster, Filed On: April 12, 2024, Case #: 0:22cv2345, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Coogler denies Regions motion for summary judgment and partially grants Equifax’s motion for summary judgment in this Fair Credit Reporting Act lawsuit. The consumer alleges Regions Bank negligently violated the Act by failing to reasonably reinvestigate his claims and, and that Equifax failed to follow the proper procedures into his disputed credit information. The evidence shows that Equifax’s procedures were reasonable and it was not on notice for any inaccuracy. Because the consumer’s anxiety and depression worsened, a reasonable jury could conclude that Equifax is liable for damages.
Court: USDC Northern District of Alabama , Judge: Coogler, Filed On: April 12, 2024, Case #: 7:22cv1481, NOS: Consumer Credit - Other Suits, Categories: Evidence, Consumer Law, Banking / Lending
J. Sánchez grants Philadelphia’s motion to preclude a “2021 Philadelphia Police Advisory Policy, Practice, and Custom Report” that documents the department’s process for civilian complaints against police; this case stems from the suing civilian’s wrongfully conviction for murder, for which he was put on death row for 25 years. He did not explain if the report discusses similar conduct to the kind that took place during his own arrest.
Court: USDC Eastern District of Pennsylvania, Judge: Sanchez, Filed On: April 12, 2024, Case #: 2:18cv2689, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Evidence