139 results for 'filedAt:"2024-01-25"'.
J. Ashe denies summary judgment to a surplus line insurance company on its request to dismiss a property owner’s breach of contract and hurricane damage claims on grounds there is no evidence there was a storm-created opening in the roof that caused damage to leak into the building’s exterior. Although one of the policy holder’s insurance adjusters cannot offer opinion testimony, the sum of other expert testimony creates a disputed issue of material fact as to the cause of the water intrusion and whether it is covered by the policy.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: January 25, 2024, Case #: 23-3292, NOS: Insurance - Contract, Categories: Evidence, Damages, Experts
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J. Quinn finds that the lower court properly denied the Texas Secretary of State's plea to the jurisdiction in this election contest regarding certain "ballot language used to identify and describe a proposed constitutional amendment allowing counties to fund various projects." Contrary to her contention, the separation of powers doctrine does not bar the lower court "from adjudicating the controversy." Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: January 25, 2024, Case #: 07-23-00031-CV, Categories: Civil Procedure, Elections
J. Hart finds the lower court improperly convicted the defendant for witness tampering. The government waited 60 days, 30 days too long, past his arrest for drug and sex trafficking to charge him with witness tampering for assaulting a prostitute he told not to testify against him in court. Vacated.
Court: 4th Circuit, Judge: Richardson, Filed On: January 25, 2024, Case #: 20-4534, Categories: Drug Offender, Speedy Trial, Witnesses
J. Stanfill finds that the lower court properly granted summary judgment in favor of the university system in this suit alleging that it failed to timely pay an employee's wages and should be subject to penalties. The employee, who taught certain law classes, is exempt from the statutory requirements at issue, as he is "compensated on a fee basis." Affirmed.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: January 25, 2024, Case #: 2024ME8, Categories: Education, Employment
J. Simon denies the county summary judgment against the inmate's claim that the county and others displayed deliberate indifference to his Fourteenth Amendment rights by denying him the high-top shoes he needs for his disability. There is a genuine dispute of material fact on whether the nurse was deliberately indifferent to the inmate's medical needs, because the evidence shows that the inmate's paraplegia required the shoes but he was denied anyway.
Court: USDC Oregon, Judge: Simon, Filed On: January 25, 2024, Case #: 3:20cv338, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, Prisoners' Rights
J. Tow finds the trial court's decision to stream defendant's criminal trial and prevent any members of his family or the public to be physically inside the courtroom because of the Covid-19 pandemic constituted a partial closure unsupported by the record, but the potential violation of defendant's public trial rights does not rise to the level of a structural error that requires reversal of his convictions. Because the trial court made at least some analysis to support its decision, the appropriate remedy is a remand to allow for complete consideration of all required factors.
Court: Colorado Court Of Appeals, Judge: Tow, Filed On: January 25, 2024, Case #: 2024COA9, Categories: Criminal Procedure, Fair Trial, Judiciary
J. Smith denies a mobile home park and its owner’s motion to exclude reports in their entirety with a proviso to exclude the portion of the investigative report in connection with one of the tenant’s references to the owner’s refusal to submit a polygraph examination. The investigative report pertains to the government’s claim the owner violated the Fair Housing Act by demanding sex from female tenants, harassing them, watching them through their windows and entering their homes without permission, among other things. All the parties may raise specific objections to the remainder of the report at trial.
Court: USDC Northern District of Alabama , Judge: Smith, Filed On: January 25, 2024, Case #: 5:18cv1055, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Evidence, Housing
J. Moore finds that the lower court improperly granted the state's request to deny defendant pretrial release based on charges of intent to distribute meth. The state's motion to deny bail was untimely, and that error affected defendant's substantial rights. Vacated.
Court: Illinois Appellate Court, Judge: Moore, Filed On: January 25, 2024, Case #: 231051, Categories: Drug Offender, Bail
J. Hollander denies, in part, a citizen’s motion to reopen discovery to conduct a deposition against a state trooper who pulled her over allegedly without reasonable suspicion and arrested her after finding a warrant for failure to return a rental car. The citizen must provide a response to interrogatories and request for production mainly the interrogatory to identify each health care provider who treated her in relation to her claimed injury. She originally answered this was a privilege claim, but the information is not protected by privilege. Once, the citizen fully answers all of the requested discovery the state trooper may be disposed.
Court: USDC Maryland, Judge: Hollander, Filed On: January 25, 2024, Case #: 1:20cv2568, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery
J. Redford finds that an insurer was improperly granted summary judgment in wrongful death claims brought after both the insured and another driver died in a collision. The policy limited coverage to $250,000 minimums, rather than $50,000 per each alteration to the no-fault act that went into effect in July 2020, and the at-fault driver had not chosen coverage before the policy was issued. Reversed.
Court: Michigan Court of Appeals, Judge: Redford, Filed On: January 25, 2024, Case #: 363755, Categories: Insurance, Wrongful Death
J. Horton finds that the lower court properly denied defendant's petition for post-conviction review, in which he alleged ineffective assistance of counsel after pleading guilty to certain drug trafficking charges under a plea agreement and receiving "concurrent sentences of twelve years straight." He contends that his counsel failed to adequately advise him of the "risk associated with the twelve-year cap option." However, counsel properly evaluated the risks, and his advice was not unreasonable. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: January 25, 2024, Case #: 2024ME7, Categories: Drug Offender, Ineffective Assistance, Sentencing
J. Mullen finds that the lower court properly granted the state's motion to deny defendant pre-trial release based on his arrest for domestic violence. The allegations claim that defendant entered his girlfriend's house and strangled her in front of the children before locking her out and refusing to open the door for the police. The court reasonably decided that keeping defendant in jail was the only way of keeping the victim and her children safe. Affirmed.
Court: Illinois Appellate Court, Judge: Mullen, Filed On: January 25, 2024, Case #: 230463, Categories: Bail, Domestic Violence
J. Miller orders the trial court to grant the Black defendant's request for an evidentiary hearing where the state must show race-neutral reasons for seeking the death penalty. He satisfied the two-prong test under the Racial Justice for All Act for a prima facie racial discrimination claim. For one prong, statistical evidence was sufficient to show that Riverside County has a historical pattern of racial inequality in seeking the death penalty. For the other prong, he provided evidence that nonminority defendants with prior records who were charged with multiple murders did not face the death penalty. So, the state must show why those similarly situated nonminority defendants did not face death. Vacated.
Court: California Courts Of Appeal, Judge: Miller, Filed On: January 25, 2024, Case #: E080924, Categories: Death Penalty, Murder, Equal Protection
J. Xinis grants, in part, three police officers’ motion to dismiss in this civil rights action brought by a citizen alleging excessive use of force, Violent Crime Control and Law Enforcement Act, ADA and Rehabilitation Act. The officers responded to a wellness check for a mentally ill person and were not provoked by the citizen before they used force to take her down to the ground. The excessive force claim remains and all other claims are dismissed. The citizens motion to appoint counsel is granted.
Court: USDC Maryland, Judge: Xinis, Filed On: January 25, 2024, Case #: 8:23cv459, NOS: Other Civil Rights - Civil Rights, Categories: Ada / Rehabilitation Act, Police Misconduct