135 results for 'filedAt:"2024-01-04"'.
J. McConnell finds that the trial court should have admitted testimony from medical experts regarding the possible relationship between diesel exhaust and non-Hodgkin's lymphoma in a wrongful death case. Though the connection has not been definitely made in scientific literature, the experts' medical training would allow them to bridge the analytical gap. Vacated.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: January 4, 2024, Case #: D082229, Categories: Employment, Experts, Wrongful Death
J. Shorr finds the trial court erred in ruling that DHS’s final order, including a founded disposition of physical abuse by petitioner of his daughter, was not supported by substantial evidence. “There is substantial evidence in the record to support DHS’s ‘founded’ determination… and (the) court’s stated concerns about DHS’s investigation do not affect that conclusion.” Reversed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: January 4, 2024, Case #: A179179, Categories: Family Law
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J. Tookey finds that the post-conviction court properly denied relief on defendant’s claim that his trial counsel was inadequate for failing to advise him of developments in the law regarding the constitutionality of nonunanimous jury verdicts in the state. The record supports the post-conviction court's determination that defendant's claim "that his awareness of the remote possibility that the chain of events could occur would have changed his mind about pleading guilty 'strains credulity.' He also failed to show that his guilty plea was not knowing, intelligent and voluntary. Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: January 4, 2024, Case #: A178753, Categories: Ineffective Assistance, Sentencing, Plea
J. Longoria finds that the lower court properly entered a divorce decree awarding possession of certain property to the appellee. The appellant contends that the lower court erred by failing to submit a jury question "related to the characterization of the property." But any error in failing to submit his requested question was harmless. Additionally, the lower court's charge was not an "impermissible comment on the weight of the evidence." Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: January 4, 2024, Case #: 13-22-00262-CV, Categories: Evidence, Family Law, Property
Per curiam, the appellate division finds that the lower court properly dismissed a trip and fall action against the restaurant based on an alleged defective condition of the revolving door. Under the restaurant's lease, it is not responsible for making repairs to the revolving door, and "watch your step" warning stickers on the revolving door were placed there before the restaurant occupied the premises. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 4, 2024, Case #: 00025, Categories: Tort
J. Gleason dismisses the pro se litigant's complaint for failing to state a claim on which relief could be granted, but also grants him leave to file an amended complaint. The litigant asserts certain civil rights violations, but the court notes that the "exact nature of Plaintiff's claims is unclear" and states that he "may represent only his own interests" as a self-represented litigant.
Court: USDC Alaska, Judge: Gleason, Filed On: January 4, 2024, Case #: 3:23cv217, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights
J. Simon rules in part for defendants in civil rights claims because state law does not allow Lake County to elect its own superior court judges; however, the appointment process from the governor does not violate federal voting law. Meanwhile, the court lacks jurisdiction to make a decision on the merits of the remaining claims, which contend the judicial appointment process violates Indiana law.
Court: USDC Northern District of Indiana, Judge: Simon, Filed On: January 4, 2024, Case #: 2:21cv160, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Rights, Government, Jurisdiction
J. Aoyagi finds the trial court erred in denying a request for attorney fees after plaintiff was awarded damages for battery. In a separate case filed by defendant, the lower court found against both parties. In denying attorney fees for plaintiff in his successful action, the trial court essentially treated the consolidated cases as a single action, which was improper. “Separate actions must be treated as separate, even when consolidated.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: January 4, 2024, Case #: A178680, Categories: Tort, Attorney Fees
J. Aarons finds that plaintiff's driver's license was properly revoked even though officers who arrested him for driving while intoxicated and resisting arrest did not appear at the administrative hearing because plaintiff did not attempt to enforce judicial subpoenas requiring their testimony and did not request adjournment. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: January 4, 2024, Case #: CV-22-2166, Categories: Civil Procedure, Licensing, Vehicle