177 results for 'filedAt:"2024-04-25"'.
J. Dyk finds that the claims court improperly ruled against an Indian tribe in various claims concerning water rights and water related infrastructure because the Tucker Act sufficiently establishes the U.S.'s duty to properly manage existing water infrastructure. Reversed in part.
Court: Federal Circuit, Judge: Dyk, Filed On: April 25, 2024, Case #: 2021-1880, Categories: Property, Native Americans, Water
J. Byrne finds that the trial court properly ruled against a father in a divorce case. The father challenges the court's decision to give the mother the right to choose the children's place of residence, alleging that past instances where the children were injured in the mother's care placed them at risk. The mother's testimony and evidentiary record refute the father's claims. Having failed to show that being placed with their mother would not be in the children's best interest, the trial court correctly ruled against the father. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: April 25, 2024, Case #: 03-22-00290-CV, Categories: Family Law
J. Byrne finds that the trial court properly ruled against a truck driver who collided with a vehicle that was disabled on the shoulder of the highway. The truck driver sued the other driver and his employer, alleging negligence due to his failure to place reflective cones behind his disabled vehicle. Despite the truck driver's arguments to the contrary, the exclusion of the on-scene trooper's testimony did not lead to an improper judgment. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: April 25, 2024, Case #: 03-23-00266-CV, Categories: Tort, Vehicle
J. Kelly finds that the trial court properly convicted defendant, the owner of a group home, of indecency with a child. Defendant argues that it was not her who took advantage of the 5-year-old victim, but she who was the victim. Reviewing the evidence, the trial court used its common sense to conclude that it was defendant, an adult woman, who caused the child to touch her sexual organs. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: April 25, 2024, Case #: 03-22-00697-CR, Categories: Sex Offender, Child Victims
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Per curiam, the court of appeals denies the inmate's petition for a writ of mandamus seeking to compel the trial court to provide file-stamped copies of documents involving tax sale proceeds for which he is an heir. He fails to explain why not having file-stamped documents, or a response from the clerk acknowledging their filing, prevents him from proceeding to a disposition of his motion for release of the proceeds.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 25, 2024, Case #: 09-23-00335-CV, Categories: Tax, Wills / Probate, Prisoners' Rights
J. Wood finds the circuit court properly disqualified defense counsel from the underlying incest and sexual assault of a child case. The attorney and his firm were disqualified because one of the firm's attorneys had worked as a deputy prosecutor on a matter involving the same alleged victim and defendant. No timely screening of the attorney was made and prompt notice was not provided. Affirmed.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: April 25, 2024, Case #: CR-23-630, Categories: Due Process, Attorney Discipline
J. Hixon finds the district court improperly entered summary judgment in favor of the law firm in this attorney fee dispute. The partnered law firm sought declaratory judgment regarding the enforceability of a fee-splitting and referral agreement, bringing multiple contract and fraud-based allegations, and seeking damages for alleged nonpayment. Though the agreement and associated contracts do not comply with requirements of a particular rule of professional conduct, the rule may not be used as a defense. Summary judgment on cases not litigated by the attorney was properly entered. Reversed in part.
Court: Oklahoma Courts Of Appeal, Judge: Hixon , Filed On: April 25, 2024, Case #: 120999, Categories: Attorney Fees, Contract
J. Norris grants in part the competing motions for summary judgment in this lawsuit concerning coverage under an insurance policy. The underlying matter involves a former employee's alleged violation of the plaintiff paper company's conflict of interest policy and the subsequent settlement agreement. The plaintiff paper company's motion is granted as to certain affirmative defenses asserted by the defendant insurance company.
Court: USDC Western District of Tennessee , Judge: Norris, Filed On: April 25, 2024, Case #: 2:22cv2789, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
J. Lawrence finds that the lower court properly dismissed the complaint in this declaratory judgment action concerning certain immunization requirements for emergency medical service workers. Contrary to the appellants' argument on appeal, "the EMS Board did not exceed its statutory authority in issuing the EMS immunization rule." Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: April 25, 2024, Case #: 2024ME30, Categories: Administrative Law, Health Care
[Modified.] [Consolidated.] J. Poochigian fixes two typos with no change in judgment. The trial court improperly granted anti-SLAPP motions to a group of doctors and hospital staff who were sued by a doctor who claimed they interfered with his right to provide care to his patients after admission to the hospital. The actions by hospital doctors and staff that form the basis of his claims did not involve protected activity. Also, issue preclusion does not apply since an earlier lawsuit dismissed by the doctor did not result in any judicial admissions. Reversed.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: April 25, 2024, Case #: F084700, Categories: Anti-slapp, Health Care
J. Garcia finds that the lower court properly entered an order in this suit to modify the parent-child relationship. The order required the mother to pay child support to the father, and the mother now argues that the evidence was insufficient to establish "a material and substantial change of circumstances." However, the record does not contain certain interviews, and there is a presumption that "the missing evidence supports the trial judge's finding." Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: April 25, 2024, Case #: 05-23-00392-CV, Categories: Evidence, Family Law
Per curiam, the appellate division finds that attorney Catherine Sunae Shin may be reinstated following her October 2021 suspension for failing to meet registration requirements since she demonstrated compliance with the suspension order and possessed the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-73-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Vilas Dhar of Florida may be reinstated following his October 2021 suspension for failing to meet registration requirements and simultaneously grants him leave to resign from the New York bar for nondisciplinary reasons.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-74-24, Categories: Attorney Discipline
J. Boyle finds the trial court properly denied defendant's motion for a mistrial after the jury was mistakenly given a flash drive not admitted into evidence. Not only did the drive not contain any evidence that defendant engaged in the conduct with which he was charged, but only a single juror looked at one document contained on the drive and he could not recall its contents. Meanwhile, the testimony of a forensic video specialist should have been excluded after he was not properly introduced as an expert witness by the prosecution, but because there was overwhelming evidence of defendant's guilt - including eyewitness testimony that he was the shooter - the error was harmless. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: April 25, 2024, Case #: 2024-Ohio-1579, Categories: Jury, Murder, Experts
J. Gallagher finds the trial court properly denied defendant's motion to dismiss rape charges brought after a 16-year preindictment delay. He failed to present any witnesses or evidence to illustrate how the passage of time affected his case or prejudiced him, while the police officers and nurse involved in the victim's treatment were available at trial and were cross-examined by defendant's attorney. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: April 25, 2024, Case #: 2024-Ohio-1588, Categories: Criminal Procedure, Sex Offender
J. Gallagher finds the trial court improperly determined the husband's sale of several investment products and dissipation of more than $60,000 from a checking account constituted financial misconduct. The profits from the investments were used to satisfy tax obligations, while the money from the checking account was wired to the wife's attorney or used to make mortgage payments on the marital residence; therefore, the award of $500,000 to the wife for financial misconduct will be vacated. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: April 25, 2024, Case #: 2024-Ohio-1585, Categories: Evidence, Family Law
J. Boyle finds the trial court properly determined the husband's retirement and substantial decrease in income represented a change in circumstances that allowed for a reduction in his spousal support payments, while the reduction from $12,000 to $2,500 per month was also reasonable, given the husband's modified income and the wife's current earning potential. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: April 25, 2024, Case #: 2024-Ohio-1581, Categories: Evidence, Family Law
J. Graham denies the ballot referendum petitioners' motion for a preliminary injunction, ruling that they cannot establish standing to bring First Amendment claims against the Ohio Attorney General. Their issue regarding delays in the ballot certification process cannot be traced to the actions of the Attorney General, but is actually a claim against the judicial branch of the government and its methods for certification of a ballot issue.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: April 25, 2024, Case #: 2:24cv1401, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Elections, First Amendment
J. Wilson finds that the trial court properly granted the appraisal district's plea to the jurisdiction and dismissed the property owner's claims in a tax protest case involving removal of an exemption. The exclusive remedies for the owner's claims "are the procedures prescribed by the Property Tax Code." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: April 25, 2024, Case #: 14-22-00557-CV, Categories: Property, Tax, Jurisdiction
[Amended.] J. Meyer amends a previously published opinion to include the name of an additional attorney representing a neighbor in a dispute. The trial court properly ruled for a property owner who claimed his neighbor breached an agreement that settled their easement dispute. The neighbor refused to pay for an agreed-upon cattle guard and he placed a gate across an easement road, and then he failed to timely respond to the property owner's motion for summary judgment. However, the trial court erred in dismissing the neighbor's trespass claim on standing grounds. Also, an attorney fee award to the owner for pressing his summary judgment motion was proper but the owner was also entitled to fees for defending against the neighbor's motion for reconsideration. Vacated in part.
Court: Idaho Supreme Court, Judge: Meyer, Filed On: April 25, 2024, Case #: 49628, Categories: Property, Settlements, Attorney Fees
Per curiam, the Florida Supreme Court answers a certified question in the affirmative by holding that personal injury protection providers may pay 80% of a charge submitted by a medical provider even if the charge is for less than the amount reimbursable under the schedule.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: April 25, 2024, Case #: SC2022-0735, Categories: Insurance
J. Kasubhai denies a motion for judgment on the pleadings from Rocket Mortgage on the trustee's complaint alleging that the husband fraudulently conveyed his interest in the property to his wife to avoid the trustee's judicial lien on the property after a state court found that the husband had improperly spent trust assets to purchase the home. The trustee plausibly alleges that the husband's conveyance to his wife is void because it was done in bad faith, so Rocket fails to prove that the trustee's judgment lien did not attach to the husband's interest in the property.
Court: USDC Oregon, Judge: Kasubhai, Filed On: April 25, 2024, Case #: 6:23cv164, NOS: All Other Real Property - Real Property, Categories: Fraud, Property
J. Baker finds that the trial court properly convicted defendant of capital murder. Defendant argues that errors in the abstract of the jury charge led to him being harmed, specifically the mention of "intentionality" in the course of determining whether someone has committed capital murder. While the abstract did contain errors, the rest of the abstract greatly outweighs any potential harm those errors could have had on defendant's case. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: April 25, 2024, Case #: 03-23-00044-CR, Categories: Jury, Murder, Robbery
J. Rothstein dismisses the job applicant's complaint that the temp agency violated Washington law by not disclosing the wage scale or salary range of its job openings. The job applicant alleges a technical or procedural violation, which does not qualify as a concrete injury, and he must allege at least that he and others applied for the job with good faith intent and suffered risk of harm by that violation.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: April 25, 2024, Case #: 2:23cv1680, NOS: Employment - Civil Rights, Categories: Employment
J. Boasberg largely grants the employer and co-worker's motion for summary judgment in the employee's suit against them alleging that his hours were cut and he was terminated after objecting to discriminatory comments by the coworker. The employee has adequately pleaded that the employer's stated reason for a reduction of overtime opportunities was pretextual, but has not made that same showing for his other claims.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: April 25, 2024, Case #: 1:23cv275, NOS: Employment - Civil Rights, Categories: Employment, Employment Retaliation