167 results for 'filedAt:"2024-03-20"'.
J. McFadden finds that the trial court properly convicted defendant of child molestation and correctly denied defendant's motion for a new trial. Sufficient evidence was presented to support defendant's conviction. Defendant failed to reserve his objection to the trial court's refusal to instruct the jury on rape as a lesser-included offense of child molestation. Under the law in effect at the time of his 2005 trial, defendant waived the right to assert that the trial court's decision was an error. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: March 20, 2024, Case #: A24A0459, Categories: Sex Offender, Jury Instructions
J. Hutchinson finds that the lower court properly found that defendant is not entitled to credit against his sentence for time spent confined at home while on bond, but improperly summarily dismissed his postconviction petition. Time spent on home supervision as a condition of pretrial release is not required to be credited against his sentence. Affirmed in part.
Court: Illinois Appellate Court, Judge: Hutchinson, Filed On: March 20, 2024, Case #: 230099, Categories: Firearms, Sentencing, Bail
J. Wicker finds that the trial court properly granted attorney defendants' exceptions of no cause of action in a case alleging a property at issue in an underlying succession suit was sold without notice and without paying the decedent's sons their half of the sale proceeds in accordance with the decedent's will. The defendants include the attorneys in the underlying case. Therefore, the sons were required to show that the attorneys acted with a "specific malice to personally inflict direct harm upon his client’s adversary and with full knowledge that his conduct would cause such harm." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: March 20, 2024, Case #: 23-CA-297, Categories: Civil Procedure, Malicious Prosecution
J. D’Agostino dismisses with prejudice an employment discrimination and retaliation complaint brought against Hamilton College by a university professor, who says he was targeted for being a Black immigrant from the Democratic Republic of the Congo. Many of his allegations involve actions that occurred prior to 2018, including the university’s decision not to appoint him to chair of the French and Franco Studies Department in 2012, which the court finds are untimely.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: March 20, 2024, Case #: 6:22cv1395, NOS: Employment - Civil Rights, Categories: Education, Employment Discrimination, Employment Retaliation
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J. Seybert adopts in part a magistrate judge’s report and preserves for trial claims for fraud, rescission and declaratory relief stemming from a home equity sharing agreement. The court agrees with objections filed by two associated entities and dismisses claims for contract rescission against them, finding the claims were premised on fraud allegations that were dismissed.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 20, 2024, Case #: 2:21cv4542, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, Property, Contract
J. Brodie rules on a series of expert and evidence-related motions in a negligence case against American Airlines, who was sued by a passenger alleging she was sexually assaulted by a drunk passenger during a flight from Phoenix to New York. Notably, the court allows evidence related to the litigant’s history of sexual abuse and assault to be presented at trial, but only for the purposes of identifying sources of prior trauma or apportionment of damages.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: March 20, 2024, Case #: 1:18cv6110, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, Experts, Assault
J. Komitee issues his findings of fact following a bench trial and rules in favor of four car wash attendants on their unpaid-wages and retaliation claims against a Brooklyn-based car wash. The court awards each litigant $3,000 in damages for their state labor law retaliation claims, prejudgment interest, plus individualized awards for unpaid wages and misappropriated gratuities.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 20, 2024, Case #: 1:13cv6085, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Damages, Labor
J. Procaccini affirms the district court's findings that police had probable cause to arrest the defendant, later convicted of first-degree murder, and that police did not materially misrepresent information in an application for a warrant to search the defendant's residence, along with its denial of the defendant's motion to admit reverse-Spreigl evidence and his request to cross-examine a lead investigator as to whether police had investigated unnamed suspects from a prior shooting. Security footage depicting the defendant having an "animated exchange" with the victim at a bar, monitoring the victim inside the bar, going outside to an idling vehicle and reaching inside, climbing into a car across the street and turning off the headlights, the victim walking toward the car and the victim's subsequent collapse in the street near the car was sufficient to establish probable cause to arrest the defendant for the victim's murder. The district court also did not clearly err in finding that police's description of this interaction as a "confrontation" in their search warrant application was not reckless misrepresentation. The district court also did not abuse its discretion in finding that prior crimes of another person in the car and at the scene were not relevant to this case and in excluding that evidence, since there are few similarities between those crimes and this one, or in denying the request to question the lead investigator, since it properly cited concerns about the risk of creating unfair prejudice or impugning the victim's character and about a lack of relevance. Affirmed.
Court: Minnesota Supreme Court, Judge: Procaccini, Filed On: March 20, 2024, Case #: A23-0154, Categories: Confrontation, Evidence, Murder
Per curiam, the Minnesota Supreme Court reverses the defendant's first-degree premeditated murder, attempted first-degree premeditated murder, first-degree intentional murder and kidnapping convictions, each premised on aiding-and-abetting theories of liability. While a search warrant application for a search of the defendant's cell phone was sufficiently supported by probable cause, the district court erred in instructing the jury that the defendant "or another (or others)" satisfied each element of each offense. These "hybrid instructions" misstated the law in a way that was not harmless beyond a reasonable doubt. Reversed.
Court: Minnesota Supreme Court, Judge: Per curiam, Filed On: March 20, 2024, Case #: A22-1281, Categories: Murder, Accomplice Liability, Jury Instructions
J. Lewis finds a lower court properly denied a group of Afghan citizens' motion to remain in the U.K. The Afghan citizens argued that they are entitled to relocation. However, the government sufficiently showed in court that they failed to establish a relationship with a relevant government department and have not made a positive contribution to the U.K. military. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewis, Filed On: March 20, 2024, Case #: CA-2023-1534, Categories: Government, Immigration
J. Dugan rules a Black female employee may pursue race and sex discrimination claims against a chemical manufacturing distributor. The female employee sufficiently showed in court that she may have been passed over for a promotion to serve as a general foreman, which was handed down to white, male co-worker.
Court: USDC Southern District of Illinois, Judge: Dugan, Filed On: March 20, 2024, Case #: 3:21cv1357, NOS: Employment - Civil Rights, Categories: Civil Rights, Employment, Employment Discrimination
J. Peterson grants the rubber flooring manufacturer's motion for attorney fees and costs in a breach of contract suit it faced from the flooring retailer. In part because the billing records the manufacturer submitted for its national counsel contain redactions that do not jibe with federal court requirements and do not make it possible to determine whether the fees requested are reasonable, the manufacturer's request for attorney fees is reduced by $20,089. In total, the manufacturer is awarded $60,701 in attorney fees plus $4,619 in expenses and costs.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: March 20, 2024, Case #: 3:22cv244, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract
J. Brimmer grants the insurer summary judgment on the homeowner's complaint alleging the foundation of his home was damaged by a water leak and he was due insurance coverage. Engineering reports concluded that the damage to the insured's house was caused by movement of the earth, which was excluded from coverage under the terms of his policy.
Court: USDC Colorado, Judge: Brimmer, Filed On: March 20, 2024, Case #: 1:22cv2906, NOS: Insurance - Contract, Categories: Insurance
J. Robinson finds that the district court improperly found in favor of the employer on claims of discriminatory termination brought by a food services company manager who alleges she was subjected to a sex-based hostile work environment. She sufficiently alleges that her termination was part of an "unrelenting course of mistreatment" that, under the continuing violation doctrine, created a hostile environment in which she was subjected to sex-based animus. Therefore, these claims are not time-barred. However, her state claims were properly dismissed because her primary work territory was in Virginia and West Virginia and her connection to New York was only tangential when she received permission to work from home for a time. Vacated in part.
Court: 2nd Circuit, Judge: Robinson, Filed On: March 20, 2024, Case #: 22-1237, Categories: Employment Discrimination
J. Howell mostly dismisses defamation claims against the widow of the former CEO of a game publisher following a dispute between that publisher and a video game developer over “persistent issues” with the game, “The Outbound Ghost.” The developer can proceed with one part of its defamation claim after the widow claimed on social media that the developer had “sabotaged” efforts to fix the game, which “both parties seemingly agree” is not true.
Court: USDC Western District of Texas , Judge: Howell, Filed On: March 20, 2024, Case #: 1:22cv1302, NOS: Other Contract - Contract, Categories: Defamation, Contract
J. Nowell finds that the lower court properly awarded damages in this lawsuit involving damage to a vehicle owned by the appellant, who was awarded loss-of-use damages but "no damages for diminution in the car's value." The court notes that he requested loss-of-use damages in an amount that was "more than the value of the vehicle" when he purchased it and that the amount would have constituted a windfall. The car owner also failed to provide sufficient evidence for diminution in value. Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: March 20, 2024, Case #: 05-23-00355-CV, Categories: Vehicle, Damages
J. Frimpong grants in part a housing provider for individuals with disabilities' motion for summary judgment and denies in part the city's motion for summary judgment regarding allegations that the city enacted discriminatory zoning codes that applied more stringent rules on "group homes" which discriminate against individuals with disabilities. The housing provider has provided evidence that its residents are disabled. The city has not shown that "these ordinances benefit the disabled." The housing provider is entitled to summary judgment on its reasonable accommodation claim as the city has not shown "that the requested accommodation was not necessary, not reasonable, or would cause undue hardship."
Court: USDC Central District of California, Judge: Frimpong, Filed On: March 20, 2024, Case #: 8:20cv504, NOS: Housing/Accommodations - Civil Rights, Categories: Housing
J. Kindred denies a longshoreman's negligence claim stemming from a shoulder injury he sustained when he slipped and fell while working aboard a vessel. "It is not reasonable for a professional longshoreman to expect an ice-free deck inside of a freezer hold when the hatch cover is open to the elements." The longshoreman's supervisor warned him that the decks would be slippery and instructed him to use extra care. "The cargo deck in question was not covered in ice and there was no ice or slick condition beyond the usual conditions."
Court: USDC Alaska, Judge: Kindred, Filed On: March 20, 2024, Case #: 3:20cv98, NOS: Marine - Contract, Categories: Maritime, Tort
J. Kyzar finds that defendant was properly convicted of first degree rape of his wife's grandson. Defendant's motion to suppress a confession made during the investigation after his arrest was correctly denied since there was no evidence of any "coercive conduct leading to the confession." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: March 20, 2024, Case #: KA-23-524, Categories: Evidence, Tort
J. Thierry finds that the trial court properly dismissed the hospital patient's medical malpractice claim over a severe pressure ulcer she developed while in a medically induced coma. The alleged malpractice happened during the Covid-19 pandemic, and the patient failed to meet the "heightened burden" of the state's Health Emergency Powers Act by proving gross negligence or willful misconduct had occurred. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: March 20, 2024, Case #: CA-23-562, Categories: Experts, Medical Malpractice
J. Ortego affirms the allocation of fault and damage awards in an auto accident case involving a car/ambulance collision. The dash cam video from the ambulance, photographs and expert testimony support the allocation of 40% fault to the ambulance driver and 60% fault to his employer. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: March 20, 2024, Case #: CA-23-601, Categories: Tort, Damages, Negligence
J. Bradberry vacates a summary judgment in favor of five city council members in a dispute over the budget passed for the 2021- 2022 fiscal year. Because the city council later adopted a balanced and proper budget, the case was moot when judgment was rendered since "there was no more controversy between the parties." Vacated.
Court: Louisiana Court Of Appeal, Judge: Bradberry, Filed On: March 20, 2024, Case #: CA-23-632, Categories: Municipal Law
J. Penzato finds that the trial court properly sustained the succession administrator's exception of prescription and denied an objection to the "preliminary detailed descriptive list" relating to a property the decedent acquired during her marriage. The decedent's spouse argued the subject property was not the decedent's separate property and instead owned by the community. But the spouse's claim was prescribed, and the evidence shows the decedent purchased the property with her money from a car accident settlement. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: March 20, 2024, Case #: 2023CA0826, Categories: Civil Procedure, Property, Wills / Probate
J. Jennings grants Allstate's motion to dismiss most claims in this contract and conversion suit. The purchaser of an Allstate-owned, California salvage title vehicle discovered the vehicle was stolen when he was arrested in Kentucky for receiving stolen property. Though the insurance company is now in possession of the vehicle, the purchaser has not been refunded his purchase price. Allstate's causation argument on a factual dispute regarding the arrest and vehicle seizure, as affecting the purchaser's conversion claim, is not dismissed, being better suited to a motion for summary judgment. The purchaser has failed to allege Allstate's behavior was extreme or outrageous, and the tort claim is dismissed. Punitive damages are also not assertable as independent counts.
Court: USDC Western District of Kentucky, Judge: Jennings, Filed On: March 20, 2024, Case #: 3:23cv108, NOS: Other Contract - Contract, Categories: Tort, Conversion, Contract
J. Rush finds the trial court properly ordered the ex-husband to obtain a life insurance policy to secure the ex-wife’s portion of his police pension. Though the husband challenges the court's authority, saying it did not consider the tax consequences of his future pension payments, trial courts have broad authority to order a security or other guarantee to secure division of property. The court’s evidence-based findings support the judgment. The husband waives his tax consequences challenge due to his presenting the court with only speculation.
Court: Indiana Supreme Court, Judge: Rush , Filed On: March 20, 2024, Case #: 23S-DN-245, Categories: Family Law, Insurance, Property