162 results for 'filedAt:"2024-03-05"'.
J. Parker grants a company's motion to compel discovery after creating a logistics plan for another organization, which, in turn, used the confidential plan without hiring the company or obtaining permission, because certain contract language had been used interchangeably.
Court: USDC Eastern District of Michigan, Judge: Parker, Filed On: March 5, 2024, Case #: 2:20cv11872, NOS: Other Contract - Contract, Categories: Discovery, Contract
J. Duarte finds the juvenile court should have granted a juvenile's motion to have his record sealed. He was entitled to have a juvenile wardship petition dismissed and his record sealed after satisfactorily completing probation for second-degree robbery. A new felony offense or a misdemeanor involving moral turpitude occurring during probation would bar having his record sealed, but not a new finding of wardship for a misdemeanor battery. Reversed.
Court: California Courts Of Appeal, Judge: Duarte, Filed On: March 5, 2024, Case #: C099115, Categories: Juvenile Law, Probation, Robbery
J. King finds that the lower court properly denied a man’s petition against a former lover for paternity testing of her child, who was conceived at a time when she was having sexual relations with both her husband and the appellant. The court assumes the paternity of the husband because the marriage is in tact. Affirmed.
Court: Pennsylvania Superior Court, Judge: King, Filed On: March 5, 2024, Case #: J-A02018-24, Categories: Civil Procedure, Guardianship
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J. Manasco grants summary judgment in favor of a bank in this mortgage lien counterclaim against a property owner. It is undisputed that the parties submitted evidence confirming the bank did in fact make the mistake when the property owner canceled the loan by email. The court orders a $289,939.28 money judgment in favor of the bank. The property owner’s motion for summary judgment is denied as moot.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 5, 2024, Case #: 2:22cv63 , NOS: Other Contract - Contract, Categories: Property, Banking / Lending
J. Bendix finds the trial court lacked jurisdiction to order a child's removal from her parents. Evidence that parents had allowed her to cross into the U.S. unaccompanied did not support a finding that she faced any future risk. She was no longer in the custody of an uncle who had abused her in the U.S., her father was now in the U.S., and a dispute between her father and her mother, who was still in Honduras, about who should care for her was not a basis for jurisdiction. Reversed.
Court: California Courts Of Appeal, Judge: Bendix, Filed On: March 5, 2024, Case #: B329192, Categories: Family Law, Jurisdiction
J. Kenney denies in part Lancaster County, Pennsylvania’s motion for summary judgment on a vape shop’s allegations that its police officers conducted a warrantless search and seizure of certain hemp-derived products it sold in violation of the Fourth Amendment. The court cannot determine yet, based on the current facts provided, whether the county’s district attorney and police officers have absolute immunity in this case.
Court: USDC Eastern District of Pennsylvania, Judge: Kenney, Filed On: March 5, 2024, Case #: 5:23cv3000, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, Civil Rights, Immunity
J. Pittman grants an injunction to white small business owners who challenge the constitutionality of the Minority Business Development Agency’s denial of benefits based on their skin color. The agency's limitation on its services, which it provides to only certain races, violates equal protection guarantees.
Court: USDC Northern District of Texas , Judge: Pittman, Filed On: March 5, 2024, Case #: 4:23cv278, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Business Practices
J. Bourliot finds that the trial court properly ruled in favor of the decedent's son in a dispute with his brother and sister-in-law over ownership of a beach property that the son later sold to a rental company. The evidence supports the son's unclean hands defense regarding the "serious harm" caused by the conduct of the brother and sister-in-law relating to the beach house project. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: March 5, 2024, Case #: 14-22-00549-CV, Categories: Civil Procedure, Property
J. Jewell finds that while the trial court properly granted declaratory judgment to the debtor, it erred in awarding him conditional appellate attorney fees in a dispute over payment under a settlement agreement. There was insufficient evidence to support the award of the fees. Reversed in part.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: March 5, 2024, Case #: 14-23-00165-CV, Categories: Settlements, Attorney Fees
J. Jewell finds that the trial court properly ruled in favor of the sporting goods store in a father's negligence suit stemming from his daughter's suicide that occurred after she bought a gun at the store. The store established the affirmative defense of suicide as to the claims since it "complied with the applicable legal standards," and there was no evidence it "failed to act as a firearms seller of ordinary prudence." Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: March 5, 2024, Case #: 14-23-00234-CV, Categories: Negligence, Wrongful Death, Firearms
J. Oing improperly denied the lender's motion for summary judgment in a dispute over a purported $44 million scrivener's error in a guaranty that exposed an indemnitor to personal liability for a loan. The indemnitor's claim for reformation of a contract based on a scrivener's error is governed by the six-year statute of limitation, and is now time-barred. Reversed.
Court: New York Appellate Divisions, Judge: Oing, Filed On: March 5, 2024, Case #: 01161, Categories: Debt Collection, Banking / Lending, Contract
Per curiam, the appellate division finds that the lower court improperly granted the insurer's motion for summary judgment on the dental office's claim for indemnification in an underlying action. The insurer has not established that the prior publication exclusion precludes indemnification. While the image of the plaintiff in the underlying action was first used in 2009, it is unclear that the publications attached to the complaint, which were retrieved in 2018, consisted of the same material. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 5, 2024, Case #: 01163, Categories: Insurance, Indemnification
J. Boggs finds that the trial court properly convicted defendant of murder, theft by taking and giving false information to a police officer. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant intended to deprive the victim of his car and that defendant either pushed the victim out of the car or that the victim jumped from the car in fear for his life. The trial court correctly denied defendant's motion to suppress evidence of his pre-trial, post-arrest police interview and defendant failed to show that several evidentiary objections were improperly overruled. Defendant has not shown that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Supreme Court, Judge: Boggs, Filed On: March 5, 2024, Case #: S23A1201, Categories: Ineffective Assistance, Murder, Theft
J. Boggs finds that the trial court properly convicted defendant of murder, burglary, kidnapping, child cruelty and firearm offenses. The trial court correctly rejected defendant's speedy trial claim because defendant was more to blame for the delay than the state and was not prejudiced by the delay. There was a period of one year and seven months between the order granting defendant a new trial and the start of his fourth trial. Defendant claimed the delay should be measured from his initial arrest to the start of the fourth trial--a time period of about 27 years--in light of the Brady violations by the state in his previous trials. Defendant entered a consent order and thereby waived his argument that periods before the order should be included in the length of the delay. The trial court correctly excluded evidence of alleged police and prosecutorial bias against defendant. Affirmed.
Court: Georgia Supreme Court, Judge: Boggs, Filed On: March 5, 2024, Case #: S23A1091, Categories: Murder, Speedy Trial
J. Warren finds that the trial court improperly convicted defendant of murder. The trial court incorrectly admitted into evidence a 33-second-long portion of a rap music video showing defendant holding a semi-automatic pistol with an extended magazine. The video's prejudicial impact in portraying defendant as a gunman outweighed its minimal probative value. There was other undisputed evidence showing that defendant was part of a rapper's entourage and was likely present at a nightclub around the time of the shooting. The probative value of the video to show defendant's motive was slight and other evidence was presented to establish motive. Reversed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: March 5, 2024, Case #: S23A0860, Categories: Evidence, Murder
J. Carr denies, in part, the aircraft sellers' motion to dismiss, ruling that because the buyer was located in Ohio, performed an inspection of the aircraft and conducted a test flight in Ohio prior to buying the plane, this court has jurisdiction over its claims regarding defects in the engine that rendered it not flightworthy. However, the Texas inspection company made no contacts in the state of Ohio, and the transfer of its logbooks with the aircraft when it was shipped to Ohio is insufficient to establish jurisdiction; therefore, it will be dismissed from the case.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: March 5, 2024, Case #: 3:19cv1645, NOS: Other Contract - Contract, Categories: Jurisdiction, Contract
J. DeWine finds the appeals court erroneously overturned defendant's robbery convictions. Although only one of the victims had money taken from her when defendant set them up by posting a used car ad on a social media app, his use of a gun was sufficient to establish a threat of violence against both victims during the commission of his theft offense. Meanwhile, defendant forfeited his Brady claim related to evidence about the victim's Facebook searches to identify him prior to trial. Not not only did he fail to object or file a motion during trial when the Facebook photos were admitted into evidence, but his attorney was able to cross-examine each of the victims about the evidence. Reversed in part.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: March 5, 2024, Case #: 2024-Ohio-749, Categories: Burglary, Theft
J. Welch finds the trial court properly, by plea bargain, convicted defendant for theft, attempted failure to appear and false reporting. The victim's stolen car was observed and stopped by officers. Though defendant was a passenger, a search revealed the keys to be in defendant's pocket, and the driver told officers that defendant had picked her up in the borrowed car. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: March 5, 2024, Case #: A-23-887, Categories: Evidence, Ineffective Assistance, Theft
J. Moore finds that the district court improperly ruled in this dispute over patents related to "improvements in web-based advertising" because genuine issues remain in dispute as to whether the company "establishes characterizations for respective users." Affirmed in part.
Court: Federal Circuit, Judge: Moore, Filed On: March 5, 2024, Case #: 2022-1756, Categories: Patent
J. Southwick finds the district court properly granted summary judgment to the attorney. The attorney and partner formed a "gentleman's" venture to form a business for making settlement-secured medical loans to litigants, but the partner was not listed on any formational document. After some time of a 50/50 profit-sharing arrangement, the partner sought financial information, but was told that he held an economic benefit only interest, and that the business was owned by a trust. Though the parties made a profit-sharing agreement, tax documentation shows a possible change in payments from profit-sharing to services rendered. The statute of frauds applies to the unenforceable oral agreement. Affirmed.
Court: 5th Circuit, Judge: Southwick , Filed On: March 5, 2024, Case #: 23-50297, Categories: Fraud, Tax, Contract