169 results for 'filedAt:"2024-03-13"'.
J. Watkins finds that the trial court improperly denied the grandmother's petition for adoption and termination of the mother's and father's parental rights. The trial court failed to properly consider the statutory framework and relevant case law in finding that the parents had not abandoned the child. The trial court also incorrectly found that permanent guardianship afforded the child with the same benefits as adoption. Vacated.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: March 13, 2024, Case #: A23A1299, Categories: Family Law
J. Chutich suspends attorney Eduardo Drake from the practice of law for a minimum of 90 days for failing to deposit an advance fee into trust, failing to diligently handle a client's matter, failing to communicate with a client, failing to maintain books and records documenting a payment from a client, failing to cooperate with a disciplinary investigation and failing to comply with the terms of a private probation.
Court: Minnesota Supreme Court, Judge: Chutich, Filed On: March 13, 2024, Case #: A23-0301, Categories: Attorney Discipline
J. Jacquot finds the trial court erred by ordering defendant to consecutive sentences. “Any threats defendant may have made against [victims] would not provide grounds for the imposition of a consecutive sentence under these circumstances.” The matter is remanded for resentencing.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: March 13, 2024, Case #: A176231, Categories: Burglary, Robbery, Threats
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Per curiam, the Appeals Court finds the trial court erred by committing appellant. “There is evidence of unsanitary living conditions, poor personal hygiene, and noncompliance with psychiatric medications, but that evidence does not meet the standard for civil commitment.” Reversed.
Court: Oregon Court of Appeals, Judge: Per curiam, Filed On: March 13, 2024, Case #: A180060, Categories: Commitment
Per curiam, the appellate division finds that the lower court improperly dismissed the third-party defendant's motion to dismiss labor law claims stemming from a worker's injury in an explosion while working on electrical lines from a aerial bucket of a truck. The construction firm failed to eliminate material issues of fact as to whether its negligence contributed to the accident.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 13, 2024, Case #: 01329, Categories: Construction, Tort
J. Vilardo allows plaintiff to continue certain pro se claims contending an employee faced a hostile work environment due to her race and had been suspended her without pay after she refused to undergo an evaluation. She also contends the employer failed to properly calculate her accrued vacation and forced her to work in dangerous conditions with mentally ill patients, but the claims against the employees and officers are duplicative of claims against the city, while many others are conclusory. Claims that refer to events that happened the day after she filed administrative charges should continue.
Court: USDC Western District of New York, Judge: Vilardo , Filed On: March 13, 2024, Case #: 1:22cv725, NOS: Employment - Civil Rights, Categories: Employment, Employment Discrimination, Employment Retaliation
J. Walker finds that the district court improperly upheld an enforcement action against a senior partner at a private equity firm accused of breaching fiduciary duties to funds he advised because he could not have reasonably foreseen that his expense reports for phony business expenditures would be paid by the funds and not by his then-employer. Reversed.
Court: 2nd Circuit, Judge: Walker, Filed On: March 13, 2024, Case #: 20-4080-cv, Categories: Securities, Fiduciary Duty
J. Jacobs finds that the district court properly dismissed claims contending a town illegally took land two local businessmen intended to use for a big box hardware store because facts supported the contention that putting a park on the site constituted pretext to block use, but when eminent domain is invoked for a public purpose, courts may not inquire into motives. Affirmed.
Court: 2nd Circuit, Judge: Jacobs, Filed On: March 13, 2024, Case #: 22-2722, Categories: Property
Per curiam, the appellate division finds that the lower court properly found for the village in a trip and fall suit. The village proved that it was never given prior written notice of the alleged defective sidewalk condition that caused the woman's fall. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 13, 2024, Case #: 01297, Categories: Tort
J. Pitman grants a tech company’s motion to transfer to the Northern District of California after it was sued by a competitor for alleged infringement of several patents because the factors in this case “weigh overwhelmingly in favor of transfer,” including because the “vast majority of witnesses” are based there.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: March 13, 2024, Case #: 1:23cv904, NOS: Patent - Property Rights, Categories: Patent, Venue
J. Doyle finds that the trial court properly denied the corporation's petition for judicial review to reverse the commission's decision, which found that the power company could provide retail electric service to an electric vehicle charging station in an area exclusively assigned to the corporation under the Georgia Territorial Electric Service Act. The trial court correctly upheld the commission's finding that the Act's large load exception applied. The premises has a single meter and the company is the sole consumer of retail power at the charging stations. Evidence supported the commission's finding that the equipment met the 900 kW threshold for the exception. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: March 13, 2024, Case #: A23A1381, Categories: Energy
J. Brown finds the trial court properly convicted defendant for delivery of a controlled substance and maintaining a drug premises. Several controlled buys of drugs from defendant were made by detectives using a confidential informant. Ample evidence supports the convictions, as well as defendant's more than 100-year sentence as a habitual offender. The informant identified defendant as the seller, and defendant's claim the exchange of money not being recorded on a device shows that evidence is lacking is unpersuasive. The informant's testimony does not require corroboration. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: March 13, 2024, Case #: CR-23-347, Categories: Drug Offender, Evidence
J. Rose denies the school supplies buyer's motion for judgment on the pleadings, ruling the fraudulent transfer claim may proceed even if the third party involved in the transfer of supplies is a fictitious entity. It is operated by the owner of the buyer and, under Ohio law, such an entity may still have a judgment entered against it. Meanwhile, the seller's motion to dismiss counterclaims is denied because the contract between the parties included an undisputed obligation for a bonus to be paid to the buyer.
Court: USDC Southern District of Ohio, Judge: Rose, Filed On: March 13, 2024, Case #: 3:23cv83, NOS: Other Contract - Contract, Categories: Fraud, Contract
J. Pearson denies, in part, Norfolk Southern's motion to dismiss, ruling claims brought by residents of East Palestine are not preempted by federal law because the claims involved in the train derailment either involve conduct not covered by federal law or seek damages for a breach of safety regulations. Additionally, Norfolk Southern's transport of more than a million pounds of hazardous chemicals and intentionally setting them on fire in a residential neighborhood following the derailment constitute "abnormally dangerous activity" and establishes a claim for strict liability.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: March 13, 2024, Case #: 4:23cv242, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Environment, Tort, Negligence
J. Pearson denies, in part, the chemical and rail companies' motion to dismiss, ruling that when they leased railcars and used them to transport chemicals, they knew the cars would pass through Ohio, which is sufficient to establish jurisdiction in this court for claims filed by the New Palestine residents harmed by the train derailment.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: March 13, 2024, Case #: 4:23cv242, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Environment, Negligence, Jurisdiction
J. Damoorgian finds that the trial court properly dismissed a mother's petition to terminate the father's parental rights to his minor child because the father's placement on home confinement did not constitute "incarceration." Affirmed.
Court: Florida Courts Of Appeal, Judge: Damoorgian, Filed On: March 13, 2024, Case #: 4D2023-2158, Categories: Family Law
J. Tapp finds for land owners in rails-to-trails claims contending the U.S. took land to create a walking trail because evidence sufficiently demonstrated the land was taken from the owners for public use.
Court: Court of Federal Claims, Judge: Tapp, Filed On: March 13, 2024, Case #: 23-843, Categories: Property