216 results for 'filedAt:"2024-01-10"'.
J. Greer finds that the lower court properly dismissed claims plaintiff brought after police officers used stop tactics to take plaintiff's vehicle off the road after he led them on a high-speed chase because plaintiff had been proceeding in a dangerous manner, and the officer used approved methods to protect other drivers by ending the chase. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: January 10, 2024, Case #: 22-1971, Categories: Civil Rights, Immunity
J. McEvers dismisses an appeal for lack of jurisdiction in a matter in which the state appealed the transfer of a matter to juvenile court. The juvenile was charged with six counts of gross sexual imposition. The matter was properly transferred following an update to the definition of "child" under North Dakota House Bill 1160.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: January 10, 2024, Case #: 2024ND1, Categories: Juvenile Law, Sex Offender
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J. Ortega finds the trial court properly accepted evidence obtained during a traffic stop that led to defendant’s condition plea. “The registration plate for defendant’s truck was in violation…supporting the trial court’s conclusion that there was probable cause to stop defendant for a traffic violation.”
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: January 10, 2024, Case #: A178003, Categories: Evidence, Search
J. Land finds that the trial court improperly denied the company's motion for a new trial in an action brought by the customer alleging that the company took $500 from her bank account after she terminated services. The trial court ruled in favor of the customer after the company failed to appear and awarded the customer $25,000 in punitive damages and $10,000 in actual damages. The trial court incorrectly failed to grant the company a hearing on its motion for new trial. Reversed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: January 10, 2024, Case #: A23A1544, Categories: Tort
J. Buller finds that an estate administrator was properly denied an order requiring delivery of property in claims contending his daughter was in wrongful possession of proceeds from the sale of her grandfather's home before his death. The proceeds were held in a bank account jointly belonging to the grandfather and granddaughter, and she was entitled to such after her father became estranged from the grandfather 10 years before the latter passed away. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 10, 2024, Case #: 23-0337, Categories: Wills / Probate
J. Bower finds that a father's motion to suspend child support payments was properly denied because he waited 17 months before addressing an accidental overpayment, which, in any case, had been used to support the children, and thus the wife was not responsible for returning the money. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: January 10, 2024, Case #: 23-0488, Categories: Civil Procedure, Family Law
J. Jordan finds that the district court properly ruled in favor of the synagogue in a civil rights action alleging that the transit authority's rejection of a proposed Chanukah on Ice event advertisement violated the First Amendment. The district court correctly found that even if the transit authority's policy prohibiting ads that primarily promote a religious faith or religious organization is viewpoint neutral, the policy is unreasonable due to its lack of objective, workable standards for interpreting terms like "primarily promote" and "religious." The case is remanded to the district court for the purposes of limiting the scope of the permanent injunction to only the transit authority's current policy rather than to future policies. Affirmed.
Court: 11th Circuit, Judge: Jordan, Filed On: January 10, 2024, Case #: 22-11787, Categories: Civil Rights, First Amendment
J. Doyle finds that defendant was properly convicted of indecent exposure because evidence indicates he locked himself into the bathroom of a convenience store with a pornographic magazine, forcing employees to unlock the door before exposing himself to them. Affirmed.
Court: Iowa Court Of Appeals, Judge: Doyle, Filed On: January 10, 2024, Case #: 22-1602, Categories: Evidence, Sex Offender
J. Horan grants a transport company's motion to vacate maritime attachments and garnishments in a contract action against filed by a leasing company. The contract at issue is not a maritime contract and, therefore, the district court lacks jurisdiction.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: January 10, 2024, Case #: 3:23cv1143, NOS: Marine - Contract, Categories: Maritime, Jurisdiction, Contract
J. Ahlers finds that defendant was properly sentenced to jail for assault after attacking a referee at his son's basketball game. Defendant repeatedly cursed and interrupted the judge during sentencing and could not cite proper factors in challenging his sentence of incarceration. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: January 10, 2024, Case #: 23-0546, Categories: Sentencing, Assault
Per curiam, the Texas Supreme Court grants a civil court judge's petition for mandamus relief, finding that an error she made in her application to be on the 2024 ballot is not a means to disqualify her from being included in the election. The judge, who is running for reelection, failed to provide her bar number in her application for a judicial seat in Harris County and the county Democratic party chair denied her application because of the error. A party chair has the authority to reject applications that do not comply with statutory requirements, but they may not exclude candidates who meet all requirements but fail to comply with the specific section cited by the party chair in this case.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: January 10, 2024, Case #: 24-0007, Categories: Elections, Judiciary
J. Hellman finds the trial court properly calculated the amount of child support in a dissolution. “The trial court was not required to accept wife’s salary at the time of the trial as her present earning capacity.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: January 10, 2024, Case #: A178268, Categories: Family Law
J. Ahlers finds that a mother's parental rights were properly terminated because the contact with her children was minimal and sporadic and she made no effort to provide for them financially. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: January 10, 2024, Case #: 23-0553, Categories: Family Law
J. Bower finds that three workers were properly granted summary judgment after their colleague was sprayed with hot plastic and injured at work. The coworkers had no way of knowing their colleague would be hurt since his injury did not resemble a prior injury experienced by another employee. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: January 10, 2024, Case #: 23-0718, Categories: Employment, Negligence
J. Hanisee finds the lower court properly found for the state tax department and denied the used car dealership's request for refunds of various excise taxes on vehicles that were returned by the buyers. Although New Mexico's gross receipts tax includes an exemption for returns, the excise tax on used vehicles is an entirely separate statute and does not include a return exemption; therefore, the initial sales of the vehicles were final and binding. Affirmed.
Court: New Mexico Court of Appeals, Judge: Hanisee, Filed On: January 10, 2024, Case #: A-1-CA-39739, Categories: Tax, Vehicle, Contract
J. Herman finds that the trial court properly found for a pedestrian on her action after being hit by a delivery bicyclist for a sandwich shop. In this case, there was testimony presented that the sandwich shop bicyclists wore black shirts and black hats and that the backpacks they wore covered the shop logo, which supported the pedestrian's description of the bicyclist who hit her. Further, there was surveillance video showing a man, wearing a black shirt and backpack, get on a bike in front of the sandwich shop and hit the pedestrian on the sidewalk. Therefore, the decision to permit body cam footage of the pedestrian's interview with the police a week after the collision was harmless. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: January 10, 2024, Case #: 2023-CA-0173, Categories: Evidence, Negligence
J. Bahr finds that the district court improperly sentenced defendant who pleaded guilty to two counts of gross sexual imposition and one count of luring minors by computer. The lower court illegally sentenced defendant by not including his accrued good time when it resentenced him for probation violations. Reversed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: January 10, 2024, Case #: 2024ND7, Categories: Sentencing, Sex Offender
J. Dever denies a former Butterball turkey worker’s motion for equitable tolling in this suit he brought against Butterball for its failure to pay overtime wages. The worker claims the court delayed its rulings on Butterball’s motions to dismiss, but as the court timely ruled on those motions, he fails to prove that these circumstances were extraordinary. Also, the worker has not identified the class of his coworkers who would benefit from the relief sought.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: January 10, 2024, Case #: 5:20cv585, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor
J. Thissen reverses the human service commissioner's order requiring the Medicaid vendor to return overpayments. While the failure to maintain health service records does qualify as "abuse" in connection with the provision of medical care to recipients of public assistance under the relevant statute, the human services department failed to explain why its payments to the vendor were improperly paid as a result of that abuse. Reversed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: January 10, 2024, Case #: A21-1477, Categories: Administrative Law, Health Care, Medicaid
J. Patricco denies an environmental group's renewed motion for summary judgment and grants the government's motion for summary judgment regarding a decision memo authorizing a project "designed to reduce the risk or extent of insect or disease infestation and reduce the current and future risk of catastrophic wildfire to people, public and private lands, and infrastructure." The group did not sufficiently put the United States Forest Service on notice of the wildland-urban interface issue and "waived its challenge to the USFS’s use of HFRA’s insect and disease categorical exclusion."
Court: USDC Idaho, Judge: Patricco, Filed On: January 10, 2024, Case #: 2:19cv332, NOS: Environmental Matters - Other Suits, Categories: Environment