132 results for 'filedAt:"2024-04-11"'.
J. Daniel denies a pro se litigant’s motion for sanctions against the Aurora police he says arrested him without probable cause, and who now have violated their discovery obligations. The court also denies the litigant’s motion for summary judgment on all his claims against the police, and mostly grants the police’s motion for judgment on the same claims. Of eight claims brought against multiple police and the city of Aurora itself, the court will allow only a single failure to intervene claim against one officer, and two indemnification and failure to train claims against the city, to move forward.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: April 11, 2024, Case #: 1:21cv4606, NOS: Other Civil Rights - Civil Rights, Categories: Sanctions, Indemnification, Police Misconduct
J. Hernandez dismisses the labor union's complaint that the construction company violated its collective bargaining agreement (CBA) by subcontracting bargaining unit work to an unapproved contractor instead of the labor union. The labor union's request for declaratory judgment requires the court to interpret and apply provisions of the CBA that are meant for an unexhausted grievance, and the labor union neither exhausts the grievance process nor does it cite any legal authority that supports the futility argument.
Court: USDC Oregon, Judge: Hernandez, Filed On: April 11, 2024, Case #: 3:23cv297, NOS: Labor/Management Relations - Labor, Categories: Contract, Labor / Unions
J. Zahn finds that the trial court properly set aside a transfer of real property from two Medicaid recipients to their grandchildren. The Department of Health and Welfare was authorized to seek reimbursement for Medicaid benefits paid and to set aside the transfer since the grandparents' estates did not receive adequate consideration for the property. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: April 11, 2024, Case #: 50302-2022, Categories: Medicaid, Property, Wills / Probate
J. Fisher finds that the lower court improperly upheld an order dismissing a foreclosure action because the motion seeking vacatur was not untimely since status letter notice had not been sent to the lender to encourage prosecution; meanwhile, the lender did not require a reasonable excuse for the perceived delay. Reversed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: April 11, 2024, Case #: CV-22-2138, Categories: Civil Procedure, Foreclosure
J. Tenney finds that sufficient evidence supported a trial court ruling that a mother was neglectful for taking photos of her nine-year-old daughter's genitals for "documentation" purposes before and after the child had visitation with her father. The photos, which were not taken to document visible trauma, might have desensitized the child to the importance of safeguarding one's genitals and made the child suspicious of her father. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: April 11, 2024, Case #: 20230338-CA, Categories: Family Law
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J. McShan finds that the lower court properly denied a father's objections to the decision dismissing petitions seeking to suspend child support payments after he was laid off from a second job and underwent a medical emergency because the father offered few specifics concerning his purported loss of income and did not make sufficient efforts to find new employment matching his skills. He also failed to detail how the leg injury that comprised the "medical emergency" interfered with finding work based on his background as an accountant. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: April 11, 2024, Case #: CV-23-0055, Categories: Family Law
J. Orme holds that the trial court used the wrong legal standard in awarding a mother sole legal custody, and an attorney fee award was also error. The trial court must consider all statutory custody factors to some degree, and cannot disregard some as discretionary. The trial court must also revisit its imputation of the mother's income, which was speculative, and its fee award to the mother failed to distinguish the applicable legal standards or establish findings about the father's ability to pay. Reversed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: April 11, 2024, Case #: 20210637-CA, Categories: Family Law, Attorney Fees
J. Mackey finds that the lower court improperly reduced counsel fees awarded after plaintiff prevailed in claims seeking information from police relating to an alleged trespassing incident because the flat $5,000 award, reduced from the combined $33,300 sought by two attorneys, rendered the hourly rate more conforming to the locality without accounting for the hours put in. Instead, $12,100 should have been awarded, plus costs incurred. Reversed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: April 11, 2024, Case #: CV-23-1044, Categories: Public Record, Attorney Fees
Per curiam, the appellate division finds that the lower court properly found for the financial firm, awarding it $78,000 plus $120,000 in attorneys' fees. There is no merit to the claim that the firm's put was only valid if exercised after a commercially reasonable foreclosure sale. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 11, 2024, Case #: 01982, Categories: Banking / Lending, Attorney Fees
J. Blackburned-Rigsby finds the trial court erroneously failed to conduct a Frendak intelligently and voluntarily waived the insanity defense during his trial for his attack on a taxi driver with a hammer. Substantial proof raises a question of defendant's sanity at the time of the crime and, therefore, the case must be remanded to allow the trial court to conduct the proper inquiry.
Court: DC Court of Appeals, Judge: Blackburne-Rigsby, Filed On: April 11, 2024, Case #: 22-CM-0898 , Categories: Competence, Assault, Weapons