138 results for 'filedAt:"2024-01-11"'.
J. Pritzker finds that the lower court properly declined to dismiss negligence claims brought under the Child Victims Act for sexual abuse allegedly perpetrated by a visiting priest at a state run juvenile detention center because claimant provided sufficient details of the alleged assaults and the ways in which personnel failed to supervise the priest. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: January 11, 2024, Case #: 535581, Categories: Negligence
J. Clark finds that the lower court properly dismissed a Catholic religious order's request to fully restore a town tax exemption on property adjacent to a convent in which the order once operated a school. The bulk of the 42-acre property was not used for religious or educational purposes, and only land that comprised the former school playground and ancillary surroundings qualified for the exemption because the order ran a summer program there for special needs children. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: January 11, 2024, Case #: 535586, Categories: Property, Tax
J. Pyle finds that the trial court properly held that a mother's request to relocate to another state would not serve the child's best interests but failed to consider all relevant factors in granting the father physical custody. Reversed in part.
Court: Indiana Court Of Appeals, Judge: Pyle, Filed On: January 11, 2024, Case #: 23A-JP-688, Categories: Family Law
J. Gallagher finds the lower court properly denied defendant's successive motion for postconviction relief. There was no indication the police reports obtained after trial through a public records request were not disclosed to the state during trial or unavailable when defendant was initially tried or filed his first postconviction motion. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: January 11, 2024, Case #: 2024-Ohio-66, Categories: Murder, Due Process
J. Brimmer dismisses claims contending a competing manufacturer of golf products infringed U.S. Patent Nos. 10,695,641 and 11,344,783, which concern golf training aids, because the competitor had already released a similar product into the stream of commerce.
Court: USDC Colorado, Judge: Brimmer, Filed On: January 11, 2024, Case #: 1:22cv2621, NOS: Patent - Property Rights, Categories: Patent
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J. Luthy finds that the trial court properly applied the negligence statute that was in effect at the time of a traffic collision that broke a minor's wrist, and not a subsequent version that includes "a bone fracture" as a threshold injury for supporting a cause of action. Also, the applicable threshold was not met since a fracture cannot be described as "dismemberment" and the minor's guardian failed to provide expert evidence that her injuries resulted in permanent impairment. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: January 11, 2024, Case #: 20210789-CA, Categories: Damages, Negligence, Experts
J. Gorton. grants summary judgment in favor of a university being sued by some of its students for not reimbursing them for the remote learning experience it offered during the Covid-19 pandemic, which was allegedly of lower quality than its typical in-person educational experience. The retroactive application of a statute protecting the university from liability for damages of equitable monetary relief, as long as the damages are not caused by an act or admission in bad faith, does not violate the students’ constitutional rights.
Court: USDC Massachusetts, Judge: Gorton, Filed On: January 11, 2024, Case #: 1:20cv11021, NOS: Other Contract - Contract, Categories: Constitution, Education, Covid-19
Per curiam, the appellate division finds that attorney Emi Wakatsuki may be reinstated following her October 2021 suspension for failing to meet registration requirements because Wakatsuki complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 11, 2024, Case #: PM-03-24, Categories: Attorney Discipline
J. Madsen finds that the lower court properly ruled in a dispute over deductions from a business and occupation tax. A country club sought to deduct its initiation fees from its business and occupation tax, and because the fee must be paid by members before using any of the country club's services, the lower court correctly found the fees are entirely deductible under tax law. Affirmed.
Court: Washington Supreme Court, Judge: Madsen, Filed On: January 11, 2024, Case #: 101770-7, Categories: Tax
Per curiam, the appellate division finds that attorney Jenette Hernandez may be reinstated from her May 2019 suspension for failing to meet registration requirements because Hernandez complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 11, 2024, Case #: PM-01-24, Categories: Attorney Discipline
J. Pohlman holds that the district court must reconsider its denial of attorney fees to a reporter who intervened in a county commissioner's challenge to a release of public records. On remand, the district court should broaden its reading of the attorney fee provision of the Government Records Access and Management Act, which does not necessarily bar fee awards to third-party intervenors, and address whether the reporter substantially prevailed and whether her fees and costs were reasonable. Also, the reporter's court filing satisfied the Act's requirement that a records requester provide a statement of position to the records holder 20 days before incurring the attorney fees the reporter seeks to recover. Reversed.
Court: Utah Supreme Court, Judge: Pohlman, Filed On: January 11, 2024, Case #: 20220738, Categories: Public Record, Attorney Fees
J. Rodriguez rules in part for automaker Subaru in claims contending the Impreza line boasts defective engine components that cause premature cataclysmic engine piston ringlands failure, as certain claims are duplicative of a similar action. However, claims filed by a New York buyer subclass may proceed because the allegedly fraudulent statements may have gone beyond typical arms' length business transactions, and the company's own owner's manual and warranty information created a reasonable belief that engine pistons constituted non-maintenance lifetime components, with a life expectancy of around 120,000 miles.
Court: USDC New Jersey, Judge: Rodriguez , Filed On: January 11, 2024, Case #: 1:22cv990, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Unfair Competition, Consumer Law
J. Brady rules in part for the insurer because the policyholder failed to convert her employment life insurance policy into a personal policy prior to her death. However, the claim should not be dismissed, as while the insurer did not have a duty to inform her of her policy rights, she was experiencing mental decline.
Court: USDC Northern District of Indiana, Judge: Brady, Filed On: January 11, 2024, Case #: 3:23cv290, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Civil Procedure, Erisa, Insurance
J. Hurd preserves on a motion to dismiss a citizen’s false arrest, excessive force and unreasonable search claims against a group of Upstate New York police officers stemming from an incident during a welfare check. The citizen, who suffers from bipolar disorder and depression and has had suicidal thoughts in the past, sufficiently alleges that the officers entered his house without his consent, arrested him without cause and tasered him even though he posed no immediate threat.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: January 11, 2024, Case #: 1:21cv1358, NOS: Other Civil Rights - Civil Rights, Categories: Police Misconduct
J. Zahn finds that the district court properly held that a fire protection district did not owe a duty in tort to the owner of a sawmill and lumber yard that was destroyed in a wildfire. Likewise, the owner failed to show that a tort duty was created by a special relationship between the fire protection district and the owner since the district did not exercise custody or control over the sawmill and lumber yard. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: January 11, 2024, Case #: 49279, Categories: Tort
J. Kobayashi partially dismisses failure-to-warn claims in a suit brought by military families who became sick after drinking water contaminated by jet fuel leaking from the Navy’s Red Hill storage facility. The lack of a water advisory after the fact constituted misrepresentation under the Federal Tort Claims Act, barring those claims. The failure-to-warn element of the families’ negligence claim survives since, under Hawaii law, a property owner has a duty to warn of any potential hazards to their lessees.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: January 11, 2024, Case #: 1:22cv397, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Tort, Water