186 results for 'filedAt:"2024-02-22"'.
J. Curran finds that the appellate division properly held that assigning sex offender risk classification to two defendants was not premature since each likely faced civil confinement rather than community release upon completing their prison terms. Classification is required by law 30 days before release, which occurs when a sex offender no longer remains confined to state prison, regardless of the possibility of future confinement under mental hygiene rules for sex offender management. Affirmed.
Court: New York Court Of Appeals, Judge: Curran, Filed On: February 22, 2024, Case #: 09, Categories: Sentencing, Sex Offender, Commitment
J. Pritzker finds that the lower court properly terminated a father's parental rights on grounds that he neglected his two children. Social service agencies made efforts to help the father reunite with the children, but he failed to find safe, stable housing; to engage in mental health counseling; or to maintain regular visits. The appeal from the termination of his parental rights should be dismissed as moot since the children, each removed from the home at birth, have been adopted. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: February 22, 2024, Case #: 535485, Categories: Civil Procedure, Family Law
J. Lynch finds that the lower court properly altered an order to grant sole custody of a child to her father because the best interests analysis demonstrated that the mother exhibited poor judgment about the girl's health and safety, while the father demonstrated that he was better equipped to make sound decisions on important issues. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: February 22, 2024, Case #: CV-22-2183, Categories: Family Law
J. Egan finds that the workers' compensation board properly held that a mechanic misrepresented the extent of his injuries during a physical exam and barred him from receiving future indemnity benefits. Video surveillance raised questions about alleged range-of-motion limitations, and the mechanic failed to disclose ongoing work he performed in retirement as a floor stripper/installer while also collecting benefits for repetitive stress injuries. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: February 22, 2024, Case #: CV-22-1903, Categories: Workers' Compensation
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J. Lynch finds that the lower court improperly found for a retailer in slip and fall claims brought after a customer tripped over a bar stabilizer on a rolling metal ladder because the ladder had been left in an aisle contrary to store policy, which raised questions of fact as to whether the premises had been kept in a reasonably safe condition. Reversed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: February 22, 2024, Case #: CV-23-0131, Categories: Negligence, Premises Liability
J. Pritzker finds that the lower court improperly dismissed wrongful death claims stemming from a medical emergency at the swimming pool of a camp resort that resulted in death. The camp constituted a "temporary residence" under state sanitary code and thus did not owe a duty to provide a lifeguard at the pool, but the code required the camp to offer some oversight of swimmers. Affirmed in part.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: February 22, 2024, Case #: CV-23-0387, Categories: Wrongful Death
J. McShan finds that the lower court properly declined to vacate default judgment in a dispute over installation of a modular home because the court did not abuse its discretion in determining that the installers lacked a reasonable excuse for failing to appear after being put on notice that litigation would be initiated and default could occur if they failed to respond. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: February 22, 2024, Case #: CV-23-0995, Categories: Civil Procedure, Contract
J. Taylor denies the Navy's motion for summary judgment on a contractor's action seeking payment for costs incurred due to severe weather. It alleges the government building project design changes on the joint reserve center in Des Moines, Iowa pushed construction into adverse weather periods. Though the government says the contractor signed a release resolving all costs, impact effect and delays arising out of or incidental to changes, material factual disputes remain as to whether the parties had a meeting of the minds as to the substance of the release.
Court: Armed Services Board Of Contract Appeals, Judge: Taylor , Filed On: February 22, 2024, Case #: 63291, Categories: Government, Military, Contract
J. Rovner finds that the defendant's appeal must be dismissed as moot because he has completed his 70-month sentence for being a felon in possession of a firearm and has suffered no injury that can be redressed by a favorable judicial decision.
Court: 7th Circuit, Judge: Rovner, Filed On: February 22, 2024, Case #: 23-2196, Categories: Criminal Procedure, Parole
J. Kilbane finds the trial court properly granted summary judgment to Walmart in the customer's slip-and-fall lawsuit. Given the evidence in the record, including testimony from a Walmart employee saying he believed the clear liquid had been on the floor less than 10 minutes when the consumer slipped on it and video footage showing multiple other customers walking through the same area without incident during the roughly nine minutes before the customer slipped, the customer has failed to show Walmart had constructive notice of the issue. Affirmed.
Court: Florida Courts Of Appeal, Judge: Kilbane, Filed On: February 22, 2024, Case #: 22-2281, Categories: Evidence, Premises Liability
J. Tunheim affirms a magistrate judge's order denying the patent defendants' motions to strike portions of one expert's report and the entirety of another's supplemental report. The magistrate judge did not err in only addressing the challenge to the first expert's opinions on preclusion grounds, since that was the only argument raised. As to the second expert, the magistrate judge appropriately weighed the relevant factors.
Court: USDC Minnesota, Judge: Tunheim, Filed On: February 22, 2024, Case #: 0:14cv4672, NOS: Patent - Property Rights, Categories: Patent, Experts
J. Lanza grants the Department of Veterans Affairs' motion for summary judgment concerning Federal Tort claims brought by the widow of a U.S. army veteran, now deceased, who suffered post trauma while serving his country in Iraq. The Department of Veterans Affairs sufficiently showed in court that a nurse that treated him at the VA clinic was not responsible for his death by suicide based on a negative screen for a suicide risk and low depression scale assessments.
Court: USDC Arizona, Judge: Lanza, Filed On: February 22, 2024, Case #: 2:20cv2275, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Health Care, Tort, Negligence
J. St. Eve finds that the lower court properly rejected defendant's habeas petition alleging his counsel was ineffective for failing to object to witness testimony that violated an Indiana evidentiary ruling. Counsel's failure was knowing and strategic, so it did not rise to the level of constitutionally deficient performance. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: February 22, 2024, Case #: 22-2073, Categories: Habeas
J. Nye denies a mother's motion to dismiss a youth hockey coach's allegations of defamation after she posted accusations that he'd engaged in sexual misconduct involving minors. The coach alleges that she did so in retaliation for him reducing her sons' playing time on the team, and that the posts led to him losing his coaching job. The coach sent her a cease and desist letter, but she continued posting allegations. The mother disputes whether the court has subject matter jurisdiction and claims the coach has not sufficiently documented his economic losses. "A jury could easily award [the coach] more than $75,000.00 in presumed damages" and the mother has not provided facts to support her claim that the coach's non-economic damages is $250,000 solely to meet the amount in controversy requirement.
Court: USDC Idaho, Judge: Nye, Filed On: February 22, 2024, Case #: 2:22cv529, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Defamation
Per curiam, the court of appeals denies the psychiatric patient's petition for a writ of mandamus in which he seeks to challenge the denial of his appeal of an order denying an unauthorized petition for release from civil commitment. The trial court properly considered the results of a recent review in considering whether a factfinder in a formal hearing must determine whether he no longer suffers from a behavioral abnormality that make him likely to commit a predatory act of sexual violence. Though another review showed the patient had support and job prospects, both reviews address similar concerns.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: February 22, 2024, Case #: 09-22-00132-CV, Categories: Commitment, Due Process
J. Kemp finds the trial court properly convicted defendant for two counts of first-degree murder. Officers responded to a call by a victim's son when he discovered his mother and defendant's father dead from gunshot wounds. The father's body appeared to officers to be posed with a gun in its hand, though it was later confirmed he had been shot six times by that very gun. Furthermore, the trial court properly rejected proffered instructions on justification and kidnapping because there was no evidence defendant reasonably believed the victims were about to commit a felony with force or violence, or that his life was in imminent danger. Affirmed.
Court: Arkansas Supreme Court, Judge: Kemp , Filed On: February 22, 2024, Case #: CR-23-486, Categories: Evidence, Murder, Jury Instructions
J. Wilson finds the district court properly ruled in favor of the business advisor, who was found to be entitled to commission for its promotion of the sale of its former client, the building supply company. Though the building supply company argued for the application of Texas’s procuring cause doctrine, this common law doctrine was found to be displaced by the parties’ contract. The nearly $4 million fee the advisor stands to receive is proportional to the $190 million sale price of the company, and the court merely held the parties to contractually agreed-upon terms. Affirmed.
Court: 5th Circuit, Judge: Wilson , Filed On: February 22, 2024, Case #: 23-20030, Categories: Business Expectancy, Contract
J. Hoyle finds the trial court properly adjudicated defendant a sexually violent predator, signing an order of civil commitment. Defendant has pleaded guilty to multiple counts of sexually predatory acts upon children, ranging in age from 7 to 11 years old, and having various disabilities. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: February 22, 2024, Case #: 12-23-00240-CV, Categories: Evidence, Sex Offender, Commitment
J. Rosenberg grants the employer's motion for summary judgment in the employee's suit alleging that she was terminated for complaining about pay disparities. The employee has not provided sufficient evidence for her claims. The emails she presents, in which she contended that women were paid less than men by her employer, are not sufficient to support the claims because they note that the employer's most highly paid senior manager was a woman, they were sent shortly after the employee received criticism about her job performance, and the employee's own words evidence that she was aware her job was at risk before she sent the emails.
Court: USDC Southern District of Florida, Judge: Rosenberg, Filed On: February 22, 2024, Case #: 9:23cv80196, NOS: Other Labor Litigation - Labor, Categories: Employment, Employment Retaliation
J. McElroy grants summary judgment to the defendant YouTube content creator in the podcaster's suit alleging that he used copyrighted material in his videos without consent. The videos' use of function as criticism or commentary on the copyrighted material, and thus fall under fair use. A motion for sanctions against the podcaster is denied, since while the podcaster made "troublesome" statements about this litigation, they do not demonstrate that the litigation's purpose was harassment.
Court: USDC Rhode Island, Judge: McElroy, Filed On: February 22, 2024, Case #: 1:22cv90, NOS: Copyrights - Property Rights, Categories: Copyright, Sanctions
J. Kamins finds the trial court properly entered a monetary award pursuant to an Islamic marriage contract entered into by a husband and wife. “Any error in relying on wife’s translation of the contract was harmless.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: February 22, 2024, Case #: A178018, Categories: Family Law
J. Fearing finds that the lower court improperly convicted defendant over his involvement in a shooting. The lower court allowed several instances of racist interferences to taint the trial against defendant, including allowing the prosecutor to raise questions about border security. Even defendant's sentence was influenced by the state seeking a sentence increase based on defendant's alleged request to seek membership in a Latino gang. Under state law, whenever "racism interferes in a fair trial," the convictions must be vacated and a new trial is needed. Reversed.
Court: Washington Court Of Appeals, Judge: Fearing, Filed On: February 22, 2024, Case #: 39087-0-III, Categories: Murder, Sentencing, Gangs