136 results for 'filedAt:"2024-04-03"'.
J. Stiles finds that defendant was properly convicted and sentenced for the second-degree murder of his wife after shooting her in their trailer. Defendant's claim that two letters he allegedly wrote while he was in jail and awaiting trial were improperly admitted lacks merit since the letters were authenticated by two witnesses. Also, the probative value of the letters outweighed any prejudicial effect. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: April 3, 2024, Case #: KA-23-629, Categories: Evidence, Murder
J. Kyzar finds that the trial court properly dismissed a patient's claim against the surgery center over the alleged failure to investigate domestic abuse by a doctor who performed surgeries on her. The patient's "administrative negligence" claim falls under the Louisiana Medical Malpractice Act and was prescribed since it was filed over three years after the alleged malpractice. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: April 3, 2024, Case #: CA-23-682, Categories: Civil Procedure, Medical Malpractice
J. Stiles finds that the trial court improperly denied summary judgment to the insurer in an auto passenger's suit seeking uninsured/underinsured motorist (UM) benefits after a crash that occurred while she was riding in her mother's truck. The passenger did not have UM benefits under her mother's policy since it excluded guest passengers from such coverage. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: April 3, 2024, Case #: CW-23-686, Categories: Insurance, Contract
J. Kelly finds the court of appeals improperly ruled in favor of a timeshare resort in a premises liability case filed against it by a family that was injured in a deck collapse. The trial court granted the timeshare's motion for summary judgment, finding the family were trespassers under the law and were owed no duty of care because they were guests of the owners of the timeshare. Despite not being the owners of the timeshare, they still had a right to be present on the property. Therefore, the trial court erred in finding they were trespassers. Reversed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: April 3, 2024, Case #: 03-22-00498-CV, Categories: Property, Premises Liability, Contract
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J. Gruber finds the circuit court properly found for the homeowners on an invitee's allegations the lack of a railing on the home's second floor balcony caused him to fall from the balcony, sustaining injuries. The invitee knew of the dangerous condition that caused his injury, and no evidence shown brings into question any material fact. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: April 3, 2024, Case #: CV-22-202, Categories: Evidence, Tort, Negligence
J. Barrett finds the circuit court properly involuntarily admitted the patient for drug-addiction treatment. The patient's mother filed a petition to have him involuntarily admitted for a fentanyl addiction and testified her son had overdosed 20 times that year, including having been found lying in the street. She also says he hears voices and she is afraid for her life. Though no evidence was presented showing the patient was homicidal, the state proved he was disabled and suicidal due to his drug use. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: April 3, 2024, Case #: CV-22-293, Categories: Evidence, Health Care, Commitment
J. Milkey affirms a state commission’s finding that a union discriminated against a woman who applied for a job as a forklift operator based on her sex, after it hired an underqualified male over her for the position, then — when attempting to defend its decision — the union treasurer said the women the union typically hired didn’t complain and “knew their place.” The union didn’t offer any credible explanation for the discrepancy in how the woman was treated in comparison to the less-qualified male applicant who was chosen. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Milkey, Filed On: April 3, 2024, Case #: 23-P-83, Categories: Employment, Employment Discrimination, Labor / Unions
J. Gould vacates defendant's convictions on two counts of encouraging or inducing an alien to come to, enter or reside unlawfully in the United States for private financial gain following remand from the Supreme Court. The matter is vacated because the jury instructions for the two counts omitted certain elements, making the instructions erroneous. Reversed.
Court: 9th Circuit, Judge: Gould, Filed On: April 3, 2024, Case #: 17-10548, Categories: Immigration, Jury
J. Anderson affirms the court of appeals' reversal of the district court's denial of the landlord's parent company's other subsidiaries' motion to dismiss the tenant's claims against them. The tenant forfeited her opportunity to argue that the subsidiaries were sufficiently linked to the landlord to give her standing to bring claims against them. Affirmed.
Court: Minnesota Supreme Court, Judge: Anderson, Filed On: April 3, 2024, Case #: A22-0928, Categories: Civil Procedure, Jurisdiction
J. Wiley finds that the trial court properly granted summary judgment to a hotel on a guest's negligence claim for cuts caused when a handheld shower wand broke. The guest failed to establish that the hotel was on notice that the shower wand was broken, and her expert's declaration had speculative conclusions that lacked foundation. Affirmed.
Court: California Courts Of Appeal, Judge: Viramontes, Filed On: April 3, 2024, Case #: B320603, Categories: Negligence, Experts, Premises Liability
J. Wilson grants the Army Corps of Engineers’ motion to dismiss. The contractor, contracted to install modular classrooms for the Texas Elementary School, appeals for $1,087,853 in allegedly unpaid funds, costs, damages, and lost profits incurred by the Corps’ adding work beyond specifications, providing faulty designs, and causing delays. The contractor withdrew from settlement negotiations and the Corp variously approved and denied its request for equitable adjustment. The record shows that the appeal window started when the contractor received the officer’s final decision. The notice of appeal was filed nearly two and a half years beyond the 90-day timeframe and is dismissed for lack of jurisdiction.
Court: Armed Services Board Of Contract Appeals, Judge: Wilson, Filed On: April 3, 2024, Case #: 63605, Categories: Government, Jurisdiction, Contract
[Consolidated.] J. Melnick denies the Army Corps of Engineer’s motion to dismiss. The contractor seeks $962,775 in costs related to its building a disputed access road for its contract to design and construct a seepage barrier at the Portsmouth, Ohio, levee. The contracting officer provided the contractor with a date for its final decision without providing an explanation, and the contractor submitted its certified claim. The contractor has filed most claims in these consolidated appeals within the default period.
Court: Armed Services Board Of Contract Appeals, Judge: Melnick , Filed On: April 3, 2024, Case #: 63641, Categories: Government, Contract