144 results for 'filedAt:"2024-03-12"'.
[Consolidated.] J. Doyle finds that the trial court improperly denied the stepmother's motion to strike certain provisions of an interlocutory consent order entered pursuant to the mother's child custody modification petition. The portion of the consent order restricting the stepmother from discussing the custody proceedings with anyone at any time outside of therapy was overly restrictive. The trial court correctly entered orders denying the father's motion to recuse, finding the father in contempt for violating the consent order and denying the father's motion to vacate or modify the consent order. However, the trial court incorrectly entered orders sealing the record without following the proper procedure. Reversed in part.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 12, 2024, Case #: A23A1562, Categories: Family Law
J. Hodges finds that the juvenile court improperly determined that it lacked jurisdiction to enter a finding that it would not be in the immigrant child's best interest to be returned to Honduras. The juvenile court found the child dependent and awarded his sister custody and guardianship of him. The juvenile court had a duty to consider and make findings regarding all of the special immigrant juvenile factors. Vacated.
Court: Georgia Court of Appeals, Judge: Hodges, Filed On: March 12, 2024, Case #: A23A1659, Categories: Immigration
J. Buller finds that a father's parental rights were properly terminated. He denied being the child's biological father and behaved inappropriately during visits, which caused the child to express she did not wish to have a parental relationship with him. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 12, 2024, Case #: 23-1676, Categories: Family Law
J. Bishop finds the county court properly entered this divorce decree, awarding alimony to the ex-wife. Though the wife's career as a mortgage loan officer was not interrupted by the marriage, and her substantial earnings and receipt of a property settlement could have supported not awarding alimony, her higher earnings as a loan officer did take place during a period of low interest rates. A period of increase during an industry slowdown also resulted in further reduced earnings. Being the alimony order covers only two years, no abuse of discretion is found. The husband, though, is entitled to a nonmarital set off for a down payment made on the marital home purchased before the marriage. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: March 12, 2024, Case #: A-23-030, Categories: Family Law, Property, Contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Welch finds the trial court properly convicted defendant for firearm possession. During defendant's probation sentence for convictions on charges of domestic violence, disturbing the peace and criminal trespass, he failed to report for drug testing. The ensuing inquiry yielded information regarding defendant's illegally being in possession of firearms, and a search of his apartment turned up firearms. The search was properly made under conditions of defendant's probation and his motion to suppress was correctly denied. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: March 12, 2024, Case #: A-23-312, Categories: Firearms, Probation, Search
J. Graham denies the employer's motion for summary judgment, ruling the employee's failure to apply for another position with the company is not fatal to his age discrimination claim. He was told by his manager at the time of his termination there were no open positions and the company was "headed in a different direction." Meanwhile, the employer's claim the employee was not "up to the challenge" of a shift in his position is contradicted by evidence in the record, including that the employee met all increased sales goals prior to his termination; therefore, the employee has established a prima facie case for discrimination.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: March 12, 2024, Case #: 2:22cv2369, NOS: Employment - Civil Rights, Categories: Evidence, Employment Discrimination
J. Darby finds the trial court properly entered summary judgment in favor of Cessna. After the pilots were injured in a plane crash, they filed a negligence suit against Cessna alleging the company failed to revise its service manual to include a new part and installation instructions. The claim is subject to the General Aviation Revitalization Act's statute of repose. Cessna did not add or omit anything to the service manual that was a proximate cause of the accident in order to restart the statute. Affirmed.
Court: Oklahoma Supreme Court, Judge: Darby , Filed On: March 12, 2024, Case #: 121,203, Categories: Tort, Negligence, Aviation
J. Winchester finds the court of civil appeals improperly reversed the trial court's summary judgment in favor of the swimming pool owner. The mother seeks recovery from her child's drowning by a fall into her neighbor's pool. Though the trial court found the owner to have no duty of care, the appeals court concluded the question of whether or not the swimming pool was an attractive nuisance was for the jury to decide. The swimming pool is not defined as an attractive nuisance being there was no hidden or unusual element of danger in or near it. A genuine issue of material fact remains, though, as to whether the owner breached a duty owed under premises liability. Vacated.
Court: Oklahoma Supreme Court, Judge: Winchester, Filed On: March 12, 2024, Case #: 119,569, Categories: Negligence, Wrongful Death, Premises Liability
J. Larsen finds the trial court properly denied defendant's motion to suppress evidence during his robbery trial. While the Tennessee traffic law regarding left-hand turns from a multi-lane intersection is subject to multiple interpretations, the police officer's belief a driver cannot cross lanes during a turn was reasonable and gave him probable cause to initiate the traffic stop of defendant. Furthermore, the trial court did not "double count" one of defendant's firearm convictions for sentencing purposes and its factfinding established a proper base sentencing level, while three firearms enhancements were properly applied because they involved the quantity and stolen nature of the weapons, not defendant's mere possession. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: March 12, 2024, Case #: 22-5746, Categories: Robbery, Search, Sentencing
[Consolidated.] J. Kethledge finds the pizza restaurants cannot use the reasonable approximation rule of the Fair Labor Standards Act to determine the reimbursement rate paid to delivery drivers for vehicle expenses. The rule is intended for application only to overtime rate calculations and would likely result in a failure to pay the drivers minimum wage during regular wage hours. However, the IRS reimbursement rate for mileage is also unsuitable because vehicle maintenance and gas costs differ widely across the country. Therefore, the district court orders in both cases - one in favor of the drivers and one in favor the restaurants - will be vacated and the cases remanded to determine a suitable method for determining adequate reimbursement rates. Reversed.
Court: 6th Circuit, Judge: Kethledge, Filed On: March 12, 2024, Case #: 22-2119, Categories: Class Action, Labor
J. Williams grants, in part, the Postmaster General's motion to dismiss, ruling the sparse details regarding incidents of sexual harassment, which include a coworker attempting to initiate contact and making sexual comments, are insufficient to support the employee's claims for hostile work environment and sexual harassment.
Court: USDC Connecticut, Judge: Williams, Filed On: March 12, 2024, Case #: 3:21cv1066, NOS: Employment - Civil Rights, Categories: Employment, Evidence
J. Oliver denies, in part, the insurance company's motion to dismiss, ruling the lead plaintiff has standing to pursue damages for disparate treatment under the Affordable Care Act despite no longer being a member of the insurance plan. The previous denials of benefits for artificial insemination procedures are traceable to the insurer and can be redressed through damages. However, because the lead plaintiff will not suffer future harm as a result of her leaving the plan, she cannot seek prospective relief through a declaratory judgment, and that portion of her complaint will be dismissed.
Court: USDC Connecticut, Judge: Oliver, Filed On: March 12, 2024, Case #: 3:22cv229, NOS: Other Civil Rights - Civil Rights, Categories: Health Care, Insurance, Class Action
J. Ludwig grants the technology services company's motion to dismiss three counts in the former employee's lawsuit in part claiming unpaid commissions and bonuses since her termination by the company in 2021. The employee's civil theft claim is improperly pleaded under a statute that does not apply to the alleged retention of her commissions and bonuses, and her tortious interference with contract and unjust enrichment claims cannot survive because they involve a "required" party that "cannot be feasibly joined" to the lawsuit.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: March 12, 2024, Case #: 2:22cv1400, NOS: Other Contract - Contract, Categories: Employment, Interference With Contract
Chancellor McCormick appraises the fair value of Class A common stock at $15.44 per share at the time of a merger by combining the comparable companies analysis with the DCF analysis, making slight adjustments and averaging the two.
Court: Delaware Chancery Court, Judge: McCormick, Filed On: March 12, 2024, Case #: 2020-0165-KSJM, Categories: Securities
[Modified.] J. Grimes deletes one footnote with no change in judgment. The trial court properly denied defendant's motion to suppress a firearm, ammunition and methamphetamine that police found in his car during a Utah traffic stop, as well as statements he made to an undercover officer in jail. The traffic stop was not unduly prolonged and he consented to the search. Voluntary statements to the officer posing as a fellow inmate came after he invoked his Miranda rights but were not made in a coercive atmosphere dominated by police. Affirmed.
Court: California Courts Of Appeal, Judge: Grimes, Filed On: March 12, 2024, Case #: B317938, Categories: Miranda, Murder, Search
J. Gustafson finds that the trial court was within its discretion to deny a patient's motion to alter or amend a judgment. She failed to provide any briefing in support of the motion, which she filed in an attempt to substitute a doctor's insurance company as the real party in interest to her medical malpractice complaint. Also, bankruptcy law did not prevent the patient from serving process on the doctor, so the trial court properly dismissed her complaint for failure to serve. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: March 12, 2024, Case #: DA 23-0319, Categories: Bankruptcy, Civil Procedure, Medical Malpractice
J. Sandefur holds that the district court's involuntarily commitment order was not based solely on the hearsay statements of the patient's husband. A mental health nurse practitioner, medical staff and a court-appointed professional counselor supported commitment. The husband's out of court statements to the counselor were not legally hearsay since they were not offered to prove the truth of the matter but were relevant to the counselor's expert opinion. Affirmed.
Court: Montana Supreme Court, Judge: Sandefur, Filed On: March 12, 2024, Case #: DA 21-0476, Categories: Evidence, Commitment, Experts
J. Rice finds that the district court properly denied a mother's claim for reimbursement of expenses from her deceased daughter's estate. She failed to support her claim with evidence that would allow the district court to determine the reasonableness of claimed costs. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: March 12, 2024, Case #: DA 23-0300, Categories: Wills / Probate
Per curiam, the appellate division finds that the lower court improperly denied the housing authority's motion to dismiss this trip and fall complaint on an sidewalk adjacent a Bronx property. The evidence refutes the claim that the housing authority has any ownership or maintenance of the subject premises. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 12, 2024, Case #: 01273, Categories: Tort
J. Nardacci preserves for trial claims that seek to hold a fabric dome installation company liable for the collapse of an air-supported sports dome at Utica College due to excess snow, which resulted in more than $3 million in damages. The court rules that the college’s insurer is entitled to seek compensation for the losses to the college’s equipment located inside the dome, which were damaged in the accident. The court further grants summary judgment to the college’s cleaning services company on the manufacturer’s claims for contribution and indemnification, finding the college’s cleaning company was not responsible for the dome’s collapse.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: March 12, 2024, Case #: 6:20cv496, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: Insurance, Product Liability, Indemnification
J. Reyes finds for a highway builder in the "litigation equivalent of 'Groundhog Day'" on its action to confirm a $196 million arbitration award against the Metropolitan Municipality of Lima. Lima failed to convince two tribunals the builder had engaged in bribery to secure its contract to build and improve the city's highways, and the builder timely sought to confirm the arbitration award.
Court: USDC District of Columbia, Judge: Reyes, Filed On: March 12, 2024, Case #: 1:20cv2155, NOS: Arbitration - Other Suits, Categories: Arbitration, Transportation